135 San Lorenzo Avenue, Suite 770, Coral Gables, Florida 33146

TEL 305.230.4884 FAX 305.230.4844

www.fairlawattorney.com

EXHIBIT

“E”

EXHIBIT “E”

Case 1:22-cv-23074-BB Document 65-5 Entered on FLSD Docket 01/27/2023 Page 1 of 3
UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

This is a Court-Authorized Notice and is not a solicitation from a lawyer. The Court 

has made no finding as to the merits of the case at this time.

IF YOU ARE OR IF YOU WERE WORKING AS A CAPTAIN, SERVER, AND/OR 

BUSSER AT KIKI ON THE RIVER FROM SEPTEMBER 23, 2019 TO THE PRESENT, 

AND RECEIVED SOME BUT NOT ALL THE TIPS YOU EARNED, THEN A 

COLLECTIVE ACTION LAWSUIT MAY AFFECT YOUR RIGHTS, THEN A 

COLLECTIVE ACTION LAWSUIT MAY AFFECT YOUR RIGHTS.

Plaintiff, Octavio Collado, sued Defendants, 450 North River Drive, LLC d/b/a Kiki on the 

River, RJ River, LLC and Roman Jones, in federal court in Miami, Florida, alleging that he and 

the other similarly situated captains, servers, and bussers were not paid all the tips they earned in

violation of the Fair Labor Standards Act. Octavio Collado vs. 450 North River Drive, LLC, RJ 

River, LLC, and Roman Jones. The Case Number is 1:22-CV-23074-BLOOM/OTAZO-REYES.

The Court has not yet decided whether the Defendants did anything wrong. There is no money 

available now and no guarantees that there will be any money. However, you have a choice to 

assert your legal rights in this case. If there is no recovery or judgment in Plaintiff’s favor, then 

you will not be responsible for any attorneys’ fees

Your Legal Rights and Options

Join The Lawsuit

Join & Complete the Opt-In Consent Form:

By joining or “opting in,” you gain the possibility of 

receiving money or benefits that may result from a trial 

or settlement, but you give up your right to separately 

sue Defendants for any unpaid/underpaid tips owing as 

alleged in this lawsuit.

Do Nothing

Do Nothing and Lose Nothing (except resulting from 

the passage of time). 

By doing nothing, you retain your legal rights to bring a

separate suit against Defendants for any failure to abide 

by the applicable federal overtime wage law. If money 

or benefits are later awarded in this case, you will not 

share in them.

Case 1:22-cv-23074-BB Document 65-5 Entered on FLSD Docket 01/27/2023 Page 2 of 3
NOTICE OF RIGHT TO JOIN LAWSUIT 

(Page 2)

If you choose to join this lawsuit, you may select your own separate counsel or you may choose to 

be represented by the FairLaw Firm, who represents Octavio Collado, the individual who initiated 

the lawsuit, and the other individuals who already join the lawsuit. 

It is a violation of federal law for the Defendants or any 

of their related entities to fire, discipline, or in any 

manner discriminate or retaliate against you for taking 

part in this case. If you believe that you have been 

penalized, discriminated against, or disciplined in any 

way as a result of your receiving this notification, 

considering whether to join this lawsuit, or actually 

joining this lawsuit, you may contact any lawyer of 

your choosing.

Mr. Collado entered into a contingency fee agreement with the FairLaw Firm, which means that if 

you do not win, Plaintiff’s counsel will not charge you for any attorneys’ fees or costs. If there is 

a monetary recovery, a percentage of any settlement obtained or money judgment in favor of all 

members of any class or collective the Court has certified will be paid to these lawyers or the 

Defendants will pay an hourly fee to FairLaw Firm. The Court may be asked to determine the 

amount of fees to be awarded to the FairLaw Firm. A copy of the contingency fee agreement 

executed by the named Plaintiff may be obtained upon request from FairLaw Firm.

Your options are included in this notice. To opt-in, you must complete the “Notice of Consent to 

Opt-In Pursuant to 29 U.S.C. § 219” form and send it by mail, fax, email, or text to the 

Representative Plaintiff’s counsel at FairLaw Firm on or before _________ ___, 2023. 

Representative Plaintiffs’ Counsel:

Brian H. Pollock, Esq.

FairLaw Firm

135 San Lorenzo Avenue

Suite 770

Coral Gables, FL 33156

Tel: (305) 230-4884

Fax: (305) 230-4844

brian@fairlawattorney.com

www.fairlawattorney.com

Case 1:22-cv-23074-BB Document 65-5 Entered on FLSD Docket 01/27/2023 Page 3 of 3