EXHIBIT A 

Case 1:22-cv-23074-BB Document 69-1 Entered on FLSD Docket 02/03/2023 Page 1 of 5
Archived: Friday, February 3, 2023 3:23:34 PM

From: Brian Pollock

Mail received time: Wed, 11 Jan 2023 14:43:38

Sent: Wed, 11 Jan 2023 14:43:19

To: Velazquez, Reynaldo (Miami)

Cc: Allan S. Reiss, Esq. Sarangoulis, Roman (Miami) Billingsby, Rebecca J. (Miami)

Subject: Re:Collado vs. Kiki- Conferralre: Motion to File 2d Amd Complaint

Importance: Normal

Sensitivity: None

[EXTERNAL SENDER]

Good Morning Rey and Allan,

I appreciate your courtesies in not opposing the request to file a Second Amended Complaint. While I apologize for its length,

the motion that RJ River filed invited the additional pages and paragraphs by seeking to have each Defendant identified in a

separate claim/count. I also sought to address any claimed confusion in Count III by specifying that it was for unpaid wages

under Florida law, and you willsee that I cited one ofJudge Bloom’s cases recognizing that cause of action.

As it relates to the MTD filed by 450 North River and Mr. Jones, I hopefully repled the claims to avoid another motion to

dismiss by more clearly specifying the way that my clients were paid, identifying the basis for the claims under each Count, and

by alleging with even more clarity the basis for liability under the FLSA and FMWA.

Best regards,

Brian H. Pollock, Esq.

FairLaw Firm

Ofc: 305.230.4884

Dir: 305.230.4822

Fax: 305.230.4844

135 San Lorenzo Avenue

Suite 770

Coral Gables, FL 33146

brian@fairlawattorney.com

www.fairlawattorney.com

lawrulerleadid:C1052-

On Jan 10, 2023, at 3:41 PM, Brian Pollock <brian@fairlawattorney.com> wrote:

Thank you - Allan can I represent that you don’t oppose?

Brian H. Pollock, Esq.

FairLaw Firm

Ofc: 305.230.4884

Dir: 305.230.4822

Fax: 305.230.4844

135 San Lorenzo Avenue

Suite 770

Coral Gables, FL 33146

brian@fairlawattorney.com

www.fairlawattorney.com

Case 1:22-cv-23074-BB Document 69-1 Entered on FLSD Docket 02/03/2023 Page 2 of 5
On Jan 10, 2023, at 3:41 PM, Velazquez, Reynaldo (Miami) <Rey.Velazquez@jacksonlewis.com>

wrote:

HiBrian and thank you for your response. It does not appear that your proposed amendment will

resolve the issues we raised relating to Count I, and by extension, Count II. Nevertheless, we will not

oppose the filing of the second amended complaint and reserve the right to contest said complaint after

we have an opportunity to analyze the allegations.

Thanks,

Rey

Reynaldo? Velazquez

Attorney at Law

Jackson Lewis P.C.

One Biscayne Tower Two South Biscayne Boulevard. Suite 3500

Miami, FL 33131

Direct: (305) 577‐-7621 | Main: (305) 577‐-7600

Rey.Velazquez@jacksonlewis.com | www.jacksonlewis.com

From: Brian Pollock <brian@fairlawattorney.com>

Sent: Tuesday, January 10, 2023 2:55 PM

To: Velazquez, Reynaldo (Miami) <Rey.Velazquez@jacksonlewis.com>

Cc: Allan S. Reiss, Esq. <asr@levinelawfirm.com>; Sarangoulis, Roman (Miami)

<Roman.Sarangoulis@jacksonlewis.com>; Billingsby, Rebecca J. (Miami)

<Rebecca.Billingsby@jacksonlewis.com>

Subject: Re: Collado vs. Kiki - Conferral re: Motion to File 2d Amd Complaint

[EXTERNAL SENDER]

HiRey,

Same to you.

The allegations will be that Kiki paid Mr. Collado and the others an amount less than the applicable

minimum wage, supplemented by the service charge and tips. I am not going to allege that the amount

of the reduced minimum wage plus service charge is below the applicable minimum wage, but to

clarify the method of payment based on the argument as stated in the MTD.

Please let me know,

Brian H. Pollock, Esq.

FairLaw Firm

Ofc: 305.230.4884

Dir: 305.230.4822

Fax: 305.230.4844

Case 1:22-cv-23074-BB Document 69-1 Entered on FLSD Docket 02/03/2023 Page 3 of 5
135 San Lorenzo Avenue

Suite 770

Coral Gables, FL 33146

brian@fairlawattorney.com

www.fairlawattorney.com

On Jan 10, 2023, at 11:50 AM, Velazquez, Reynaldo (Miami)

<Rey.Velazquez@jacksonlewis.com> wrote:

HiBrian and happy new year. I just got out of a meeting and read your emails. I will be

driving for the next 2 1/2 hours and will not be able to communicate in writing, so I’m

getting this email out now to allow me to address the issue when I get back to Miami.

In relation to Kiki and Mr. Jones, you are proposing to file a second amended complaint

in which Plaintiff will allege that he was paid on a tip credit basis? Specifically, the

allegations will be that the direct wages plaintiff was paid plus the percentage of the

service charge he received equaled an amount that was below the applicable minimum

wage, and that the difference was to be made up on tips?

Thanks,

Rey

Reynaldo? Velazquez

Attorney at Law

Jackson Lewis P.C.

One Biscayne Tower Two South Biscayne Boulevard. Suite 3500

Miami, FL 33131

Direct: (305) 577‐-7621 | Main: (305) 577‐-7600

Rey.Velazquez@jacksonlewis.com | www.jacksonlewis.com

From: Brian Pollock <brian@fairlawattorney.com>

Sent: Tuesday, January 10, 2023 9:41 AM

To: Allan S. Reiss, Esq. <asr@levinelawfirm.com>; Velazquez, Reynaldo (Miami)

<Rey.Velazquez@jacksonlewis.com>

Subject: Re: Collado vs. Kiki - Conferral re: Motion to File 2d Amd Complaint

[EXTERNAL SENDER]

Correction - I won’t be separating each Claim into 3; I will only be amending to

specifically allege that Defendants paid the tip credit/reduced minimum wage.

Brian H. Pollock, Esq.

FairLaw Firm

Ofc: 305.230.4884

Dir: 305.230.4822

Fax: 305.230.4844

135 San Lorenzo Avenue

Suite 770

Coral Gables, FL 33146

Case 1:22-cv-23074-BB Document 69-1 Entered on FLSD Docket 02/03/2023 Page 4 of 5
brian@fairlawattorney.com

www.fairlawattorney.com

On Jan 10, 2023, at 9:39 AM, Brian Pollock

<brian@fairlawattorney.com> wrote:

Good Morning Allan and Rey,

I reviewed the MTDs and wanted to see if you would agree for Mr.

Collado to file a Second Amended Complaint.

Based on RJ River's motion, I would like to file a Second Amended

Complaint that identifies each Defendant in a separate Count, thereby

transforming a three-Count Complaint into one containing nine Counts as he

request.

Based on the motion filed by 450 and Mr. Jones, I willspecifically allege

that Defendants paid the reduced/tip credit wage, and these Defendants can

then address any remaining issues by way of a MTD.

Kindly advise if I have your/Defendants’ agreement to file a M/Amend with

the proposed Second Amended Complaint today.

Thanks,

Brian H. Pollock, Esq.

FairLaw Firm

Ofc: 305.230.4884

Dir: 305.230.4822

Fax: 305.230.4844

135 San Lorenzo Avenue

Suite 770

Coral Gables, FL 33146

brian@fairlawattorney.com

www.fairlawattorney.com

Case 1:22-cv-23074-BB Document 69-1 Entered on FLSD Docket 02/03/2023 Page 5 of 5