UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF FLORIDA 

MIAMI DIVISION 

CASE NO. 1:22-CV-23074-BLOOM/Torres 

OCTAVIO COLLADO 

For himself and all others similarly situated, 

Plaintiff, 

v. 

450 NORTH RIVER DRIVE, LLC, 

D/B/A KIKI ON THE RIVER, 

RJ RIVER, LLC, AND ROMAN JONES, 

Defendants. 

_______________________________________/ 

COLLECTIVE ACTION

DEFENDANTS’ MOTION TO DISMISS PLAINTIFF’S THIRD 

AMENDED COMPLAINT FOR FAILING TO COMPLY WITH 

 THIS COURT’S ORDER ON MOTION TO WITHDRAW (ECF NO. 241) 

WITH SUPPORTING MEMORANDUM OF LAW 

Defendants, 450 North River Drive, LLC, d/b/a Kiki on the River (“Kiki”), RJ River LLC 

(“RJ”), and Roman Jones (“Mr. Jones”) (collectively “Defendants”), by and through their 

respective undersigned counsel, and pursuant to this Court’s Order on Motion to Withdraw (ECF 

No. 241) and Fed. R. Civ. P. 41(b), hereby file Defendants’ Motion to Dismiss Plaintiff’s Third 

Amended Complaint for Failing to Comply with this Court’s Order on Motion to Withdraw (ECF 

No. 241) with Supporting Memorandum of Law, and state as follows in support thereof: 

1. On January 9, 2024, this Court entered an Order permitting Brian Pollock, Esq., 

(“Mr. Pollock”) and his law firm, the FairLaw Firm (“the Firm”) (collectively “Plaintiff’s Prior 

Counsel”), to withdraw from this case (“the Order”). [ECF No. 241]. 

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2. Pursuant to the Order, Plaintiff was required to “either file a notice indicating that 

he wishes to proceed pro se in this matter or have new counsel enter an appearance in this matter 

by January 29, 2024.” [ECF No. 241 p. 2] (emphasis in original). 

3. The Court expressly stated that Plaintiff’s failure to comply with the Order “will 

result in appropriate sanctions, including dismissal without prejudice and without further notice.” 

[Id.]. 

4. Plaintiff’s deadline to comply with the Court’s Order expired on January 29, 2024, 

and as of the filing date of this motion, he has not filed a notice advising that he is proceeding pro 

se and no attorney has appeared on his behalf. 

5. Accordingly, Plaintiff has failed to comply with this Court’s Order, and Defendants 

respectfully request that the Court dismiss the Third Amended Complaint pursuant to the Order 

and Fed. R. Civ. P. 41(b). 

WHEREFORE, Defendants respectfully request that this Court enter an order dismissing 

the case.1

MEMORANDUM OF LAW 

Fed. R. Civ. P. 41(b) provides that a defendant may move for involuntary dismissal of an 

action if “the plaintiff fails to prosecute or to comply with these rules or a court order[.]” Fed. R. 

Civ. P. 41(b). Similarly, this Court stated in the Order that if Plaintiff failed to comply with the 

1

 The Court can consider Defendants’ motion for sanctions and award sanctions against Plaintiff’s 

Prior Counsel even if it dismisses the case. Daniels v. Gov’t Emples. Ins. Co., No. 8:19-cv-2612-

KKM-SPF, 2022 U.S. Dist. LEXIS 8590, *5 n.2 (M.D. Fla. Jan. 18, 2022) (report and 

recommendations adopted 2022 U.S. Dist. LEXIS 30145) (stating “The Court retains the authority 

under both its inherent power and § 1927 to decide [defendant’s] sanctions motion despite that 

Plaintiffs dismissed their claims and the case is closed.” (citing Absolute Activist Value Master 

Fund, Ltd. V. Devine, 998 F.3d 1258 (11th Cir. 2021)). 

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Order, it would result in appropriate sanctions, “including dismissal without prejudice and without 

further notice.’ [ECF No. 241 p. 2]. 

Here, Plaintiff has not complied with the Court’s Order on the Motion to Withdraw. The 

Court required Plaintiff to “either file a notice indicating that he wishes to proceed pro se in this 

matter or have new counsel enter an appearance in this matter by January 29, 2024.” [Id.]. 

Plaintiff’s deadline to inform the Court of his decision expired on January 29, 2024, and as of the 

filing date of this motion, he has not filed a notice that he is proceeding pro se and no attorney has 

filed an appearance on his behalf. Therefore, the Third Amended Complaint should be dismissed. 

Based upon the foregoing, Defendants respectfully request that this Honorable Court issue 

an order dismissing Plaintiff’s Third Amended Complaint, and award Defendants’ any other and 

further relief as the Court deems just and proper. 

Dated: January 31, 2024 

Respectfully submitted, 

JACKSON LEWIS P.C. Levine & Partners, P.A. 

One Biscayne Tower, Suite 3500 3350 Mary Street 

Two South Biscayne Boulevard Miami, Florida 33133 

Miami, Florida 33131 Telephone: (305) 372-1352 

Telephone: (305) 577-7600 

/s/ Reynaldo Velazquez /s/ Allan Reiss 

Reynaldo Velazquez, Esq. Allan Reiss, Esq 

Florida Bar No.: 069779 Florida Bar No. 858500 

Email: rey.velazquez@jacksonlewis.com Email: asr@levinelawfirm.com

Roman Sarangoulis, Esq. Counsel for RJ River, LLC

Florida Bar No. 1011944 

Email: roman.sarangoulis@jacksonlewis.com 

Counsel for 450 North River Drive, LLC, 

d/b/a Kiki on the River and Roman Jones 

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CASE NO.: 1:22-CV-23074-BLOOM/Torres 

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CERTIFICATE OF SERVICE 

I hereby certify that a true and correct copy of the foregoing document is being served on 

January 31, 2024, on Octavio Collado and all counsel of record on the Service List below via 

electronic mail or United States Mail. 

s/ Roman Sarangoulis 

Roman Sarangoulis, Esq. 

SERVICE LIST 

Octavio Collado 

Email: Octaviocollado092@gmail.com 

8250 NW 5th Terrace, Apt. 632 

Miami, FL 33126 

Pro se 

Allan Reiss, Esq. 

Florida Bar No. 858500 

Email: Asr@Levinelawfirm.com 

Levine & Partners, P.A. 

3350 Mary Street 

Miami, Florida 33133 

Telephone: (305) 372-1352 

Facsimile: (305) 372-1352 

Attorneys for RJ River, LLC 

Reynaldo Velazquez, Esq. 

Florida Bar No.: 069779 

Email: rey.velazquez@jacksonlewis.com 

Roman Sarangoulis, Esq. 

Florida Bar No. 1011944 

Email: roman.sarangoulis@jacksonlewis.com 

JACKSON LEWIS P.C. 

One Biscayne Tower 

2 South Biscayne Boulevard, Suite 3500 

Miami, Florida 33131 

Telephone: 305-577-7600 

Facsimile: 305-373-4466 

Counsel for 450 North River Drive, LLC, Kiki on 

the River and Roman Jones

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