UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF FLORIDA 

MIAMI DIVISION 

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

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. 

_______________________________________/

DEFENDANTS 450 NORTH RIVER DRIVE, LLC, D/B/A KIKI ON THE RIVER, 

ROMAN JONES, AND RJ RIVER, LLC, JOINT MOTION TO COMPEL INPERSON SETTLEMENT CONFERENCE 

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

(“Jones”), and RJ RIVER, LLC (“RJ”) (collectively “Defendants”), by and through their 

undersigned counsel, hereby file their joint motion to compel in-person settlement conference. 

Defendants state the following in support thereof: 

1. On February 23, 2023, Plaintiff filed a one count Collective Action Complaint 

alleging Fair Labor Standards Act (“FLSA”) violations. [E.C.F. No. 1]. Plaintiff subsequently 

filed an Amended Complaint (E.C.F. No. 40) and Second Amended Complaint (E.C.F. No. 59) 

alleging violations of the FLSA, Florida Minimum Wage Act (“FMWA”), and Florida common 

law claim for unpaid wages. Defendants filed motion to dismiss the Amended Complaint and 

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Second Amended Complaint in their entirety. The Second Amended Complaint is presently 

pending before the court. [E.C.F. No. 63]. 

2. On September 26, 2022, this Court entered its Order Requiring Scheduling Report, 

Certificate of Interested Parties, and Statement of Claim and Response in FLSA Case. [E.C.F. No. 

6]. The Court’s Order expressly provides that the parties must participate in a Settlement 

Conference with Magistrate Judge Otazo-Reyes. Id. at p. 4. Additionally, the Order stated that the 

parties’ appearance at the Settlement Conference “shall be in person; telephonic appearance is 

prohibited absent court order.” Id. (emphasis added). 

3. The parties commenced communication about the scheduling of the Settlement 

Conference on or about January 17, 2023, in which Plaintiff acknowledged the parties were 

required to participate “in person.” 

4. On January 30, 2023, the parties agreed upon a date of February 15, 2023, for the 

Settlement Conference to take place in person. There were never any communications about the 

Settlement Conference not being in person on February 15. 

5. On January 30, 2023, Plaintiff’s counsel’s office advised that the judge was no 

longer available on February 15, 2023, and proposed February 16, 2023. On January 30, 2023, 

Defendants confirmed their availability on February 16, 2023, and requested that the Settlement 

Conference be conducted in person. 

6. On January 30, 2023, Plaintiff’s counsel’s office advised that it requested the 

conference be in person but that the Judge’s chambers explained “it may not be possible but should 

it be possible they will set it in person.” Immediately after undersigned counsel received Plaintiff’s 

counsel’s office email suggesting they were okay with the Settlement Conference being in person 

and that it was up the Magistrate Judge, Plaintiff’s counsel sent an email to undersigned counsel 

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advising he was objecting to an in-person Settlement Conference. This was the first time such a 

representation was conveyed to Defendants. 

7. As a result of the mix messages from Plaintiff’s counsel’s office and Plaintiff’s 

counsel first communication about objecting to an in-person Settlement Conference, undersigned 

counsel communicated with Plaintiff’s counsel on January 30, 2023, requesting the reason he 

and/or the Plaintiffs could not appear in person on February 16. Plaintiff’s counsel did not respond 

to that email. 

8. On January 30, 2023, Judge Otazo-Reyes subsequently entered the Order 

Scheduling Settlement Conference for February 16, 2023, at 10:30 a.m. [E.C.F. No. 66]. The Order 

states in paragraph 1 that the Settlement Conference is “to be conducted at the C. Clyde Atkins, 

United States Courthouse, 301 N. Miami Avenue, 10th Floor, Miami, Florida, 33128.” Id. at ¶ 1. 

However, later in paragraph 5, the order states the “[s]ettlement Conference shall be conducted via 

Zoom video conference.” Id. at ¶ 5. 

9. On February 1, 2023, undersigned counsel reminded Plaintiff’s counsel that the 

Court order directing the parties to participate in a Settlement Conference required “in person” 

participation in response to his request to reschedule the Settlement Conference set for February 

16, 2023, because of a conflict with his schedule. Defendants agreed to resetting the Settlement 

Conference to February 17, 2023, but requested that the Settlement Conference be conducted in 

person pursuant to the Court’s order. 

10. Importantly, undersigned counsel also candidly explained that Defendants strongly 

believe only an in-person Settlement Conference will facilitate the unfettered exchange of 

information, which will result in the free flowing, bilateral exchange of facts, documents, and legal 

positions, critical to increasing the possibility of reaching a resolution during the Settlement 

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Conference. Plaintiff’s counsel was also advised that Defendants would file a motion to compel 

the in-person Settlement Conference if Plaintiff did not agree to comply with the Court order. 

11. Plaintiff’s Counsel responded to Defendants’ communication and again rejected an 

in-person Settlement Conference because he claimed all his clients would be at his office (which 

is in Coral Gables), rather than the Downtown Miami Courthouse. Among other meritless reasons 

also conveyed for not having the Settlement Conference in person, Plaintiff’s counsel claimed that 

there was an altercation between one of the Plaintiffs and a Kiki’s manager. Plaintiff’s counsel 

advised that Defendants could file their motion to compel the in-person Settlement Conference 

and Plaintiff would respond as appropriate. 

12. In a final effort to avoid the filing of this motion, Defendants responded and advised 

that they did not object to moving the Settlement Conference to February 17, but that the 

Settlement Conference had to be in-person as required by the Court’s Order no matter the date. 

Defendants also conveyed that the Plaintiffs could travel to the Downtown Miami Courthouse just 

as easily as they could to Plaintiff’s counsel’s office and that the Kiki’s manager involved in the 

alleged altercation was never going to attend the Settlement Conference. Plaintiff did not respond 

to the previously referenced communication, and based on Plaintiff’s prior communication to file 

the motion to compel in-person participation at the Settlement Conference, this motion followed. 

MEMORANDUM OF LAW 

On September 26, 2022, this Court entered its Order Requiring Scheduling Report, 

Certificate of Interested Parties, and Statement of Claim and Response in FLSA Case (“Order”). 

[E.C.F. No. 6]. The Order expressly provides that the parties must participate in a Settlement 

Conference with Magistrate Judge Otazo-Reyes. Id. at p. 4. Additionally, the Order states that the 

parties’ appearance at the Settlement Conference “shall be in person; telephonic appearance is 

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prohibited absent court order.” Id. (emphasis added). Plaintiff should be required to comply with 

the Court’s Order for the following reasons. 

As a preliminary matter, Plaintiff has not filed a motion seeking leave of court for a Zoom 

Settlement Conference. Moreover, Plaintiff’s claims regarding the reasons for not wanting to 

participate in an in-person Settlement Conference are meritless. As previously stated, the manager 

involved in the alleged altercation is not and was never going to attend the Settlement Conference. 

Also, the Plaintiffs can travel to the Courthouse just as easily as they can to their counsel’s office. 

Additionally, Plaintiff and all opt-in Plaintiffs should be required to attend the Settlement 

Conference in person as required by the Court’s Order for the following reasons. First, Plaintiff 

never informed Defendants that they were not willing to comply with the Court’s Order requiring 

in-person attendance until January 30, 2023, even though the parties communicated about the 

Settlement Conference as early as January 17, 2023, in which Plaintiff acknowledged the parties 

were required to participate “in person.” Second, Plaintiff never advised and still have not 

communicated that he intends to seek leave of court for him and the opt-in Plaintiffs to attend the 

Settlement Conference via Zoom. Third, Plaintiff has not communicated any compelling reason 

not to participate in-person. Finally, as noted above, attending the Settlement Conference in person 

will facilitate a potential resolution of the claims because it is more conducive to a fruitful 

exchange of facts, documents, and legal positions without the potential interference of weak 

internet connections, microphone and/or camera issues, and the impersonal nature of staring at a 

computer screen. 

In closing, this is a complicated case that already has a number of issues raised as a result 

of Plaintiff’s Second Amended Complaint, the pending motion to dismiss, and the amount of 

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Plaintiffs involved. As a result, this Settlement Conference should be conducted in person as 

required by the Court’s Order. 

CONCLUSION 

For the foregoing reasons, Defendants, 450 North River Drive, LLC, d/b/a Kiki on the 

River, RJ River LLC, and Roman Jones, respectfully requests that this Honorable Court enter an 

order: (1) requiring Plaintiff, the opt-in Plaintiffs, and their counsel to participate in-person during 

Settlement Conference and (2) granting such other and further relief as this Court deems just and 

proper. 

CERTIFICATION 

Counsel for the movant has 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 has been unable to do so.

Dated: February 2, 2023 

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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CERTIFICATE OF SERVICE 

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

February 2, 2023, on all counsel of record on the Service List below via transmission of Notices 

of Electronic Filing generated by CM/ECF 

s/ Roman Sarangoulis 

Roman Sarangoulis, Esq. 

SERVICE LIST 

Brian Pollock, Esq. 

Florida Bar No. 174742 

Email: brian@fairlawattorney.com 

FAIRLAW FIRM 

135 San Lorenzo Ave. 

Coral Gables, Florida 33146 

Telephone: (305) 230-4884 

Attorneys for Plaintiff 

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

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

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