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UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

CASE NO.: 1:22-CV-23074-BLOOM/OTAZO-REYES

OCTAVIO COLLADO,

Plaintiff,

vs.

450 NORTH RIVER DRIVE, LLC 

D/B/A KIKI ON THE RIVER 

AND ROMAN JONES,

Defendants.

______________________________/

PLAINTIFF’S AGREED MOTION FOR ENLARGEMENT OF TIME

TO CONDUCT A SETTLEMENT CONFERENCE

Plaintiff, Octavio Collado, requests that the Court extend the deadline to conduct the 

settlement conference required by this Court at ECF No. 6 based on the following good cause:

Introduction

1. Mr. Collado filed this putative class and collective action against his former 

employers for himself and other similarly situated captains, servers, and bussers who worked at 

Defendants’ restaurant and who improperly retained and/or distributed tips under both Florida 

and federal law.

2. Mr. Collado initially filed this lawsuit pursuant to the FLSA, which triggered the 

Court to enter its standard Order for FLSA Cases. [ECF No. 6.]

3. That Order requires the parties to conduct a settlement conference within 60 days 

from the Defendants’ response(s) to the Statement of Claim. Id.

Case 1:22-cv-23074-BB Document 75 Entered on FLSD Docket 02/09/2023 Page 1 of 4
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4. Defendants filed their Responses to the Statement of Claim on November 17 and 

18, 2022. [ECF Nos. 30, 31.]

5. Meanwhile, seven additional former employees joined this lawsuit.

6. The parties attempted to coordinate a settlement conference with Magistrate Judge 

Otazo-Reyes for February 15, 2023.

7. The office of the undersigned attempt to confirm that date with Magistrate Judge 

Otazo-Reyes’ office on January 30, 2023. 

8. Unfortunately, the parties were advised that February 15 was no longer available

but that February 16, 2023, was available.

9. The undersigned was not readily reachable on January 30-31, 2023, due to his 

attendance at trial before this Court in Monzon Cejas vs. Downrite Engineering Corp.

10. A recently hired paralegal from the office of the undersigned inadvertently 

confirmed Plaintiff’s availability for February 16, 2023, when that date was not available due to a 

previously scheduled deposition in Perez vs. City Opa-Locka, S.D. Fla. Case No.: 1:22-CV-20748-

LENARD, which deposition was re-noticed back on January 13, 2022, due to the March 2023 

discovery cut-off. That paralegal no longer works for the firm.

11. Undersigned counsel learned of the mishap in coordinating the settlement 

conference late in the afternoon on January 30, 2023 and immediately brought the issue to the 

defense counsel’s attention. 

12. The parties have since conferred and were further advised that Magistrate Judge 

Otazo-Reyes is not available on February 15 or 17, 2023, but that Magistrate Judge Otazo-Reyes

Case 1:22-cv-23074-BB Document 75 Entered on FLSD Docket 02/09/2023 Page 2 of 4
135 San Lorenzo Avenue, Suite 770, Coral Gables, Florida 33146

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would provide additional dates of availability if the Court entered an Order extending the time to 

conduct a settlement conference.

13. Plaintiff understands the purpose of timely completing a settlement conference in 

an FLSA case and, while mindful of that purpose, also submits that this case is not a run-of-themill FLSA case due to the joinder of 7 Opt-In Plaintiffs, the pending Motion for Conditional 

Certification, and the discovery and related accounting relevant to the claims at issue.

14. Plaintiff thus requests that the Court extend the time for the parties to complete 

their settlement conference through March 31, 2023. 

The Law

15. Rule 1 of the Federal Rules of Civil Procedure directs that the Rules “should be 

construed, administered, and employed by the court to secure the just, speedy, and inexpensive 

determination of every action and proceeding.” 

16. Plaintiff submits that granting the requested enlargement of time will serve the 

interests of justice and will further comport with the spirit of the Federal Rules of Civil Procedure 

as embodied in Rule 1.

17. Pursuant to Fed. R. Civ. P. 6(b)(1) “When an act may or must be done within a 

specified time, the court may, for good cause, extend the time: (A) with or without motion or notice 

if the court acts, or if a request is made, before the original time or its extension expires.”

18. It follows that this Court has the power to “control the disposition of the causes on 

its docket with economy of time and effort for itself, for counsel and for litigants.” Landis v. North 

American Co., 299 U.S. 248, 254 (1936); also see Clinton v. Jones, 520 U.S. 681, 706-707 (1997).

Case 1:22-cv-23074-BB Document 75 Entered on FLSD Docket 02/09/2023 Page 3 of 4
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WHEREFORE Plaintiff, Octavio Collado, requests that the Court enter an Order 

extending the deadline for to complete a settlement conference in this case considering the good 

cause shown above.

LOCAL RULE 7.1 CERTIFICATION

Counsel for the movant conferred with all parties or non-parties who may be affected by 

the relief sought in the motion in a good faith effort to resolve the issues raised in the motion and 

represents that Defendants agreed to the relief requested above.

FAIRLAW FIRM

Counsel for Plaintiff

s/Brian H. Pollock, Esq.

Brian H. Pollock, Esq.

Dated this 9th day of February 2023.

Brian H. Pollock, Esq.

Brian H. Pollock, Esq.

Fla. Bar No. 174742

brian@fairlawattorney.com

FAIRLAW FIRM

135 San Lorenzo Avenue

Suite 770

Coral Gables, FL 33146

Tel: 305.230.4884

Counsel for Plaintiff

Case 1:22-cv-23074-BB Document 75 Entered on FLSD Docket 02/09/2023 Page 4 of 4