EXHIBIT D 

Case 1:22-cv-23074-BB Document 243-4 Entered on FLSD Docket 01/12/2024 Page 1 of 5
UNITED STATES DISTRICT 

COURT SOUTHERN DISTRICT OF 

FLORIDA 

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

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 JONEZ,

Defendants.

/

PLAINTIFF’S RESPONSES TO

DEFENDANT’S FIRST SET OF INTERROGATORIES

Plaintiff, Octavio Collado, responds to the First Set of Interrogatories served on her by the 

Defendant, 450 North River Drive, LLC d/b/a Kiki on the River, as follows:

INTERROGATORIES

1. Please identify each person answering or assisting in answering these 

interrogatories, and his/her relationship to the responding party, as well as his/her full name, 

date of birth, social security number, and current residential address.

ANSWER:

Octavio Collado, with the assistance of counsel

DOB: 

SS No.:

2. Identify, by name and position, each and every person constituting a 

traditionally non-tipped employee (as described in paragraph 55 of the Third Amended 

Complaint) that you allege retained tips and/or overtips and state how you know they retained 

Case 1:22-cv-23074-BB Document 243-4 Entered on FLSD Docket 01/12/2024 Page 2 of 5
tips and/or overtips as well as the facts supporting your belief that the person identified retained 

tips and/or overtips.

ANSWER:

Plaintiff objects to the application of fact to law as invasive of the work 

product and attorney-client privileges. Without waiver of objections:

My attorneys have requested but not received the documents identifying 

the tips/overtips paid by patrons (and the amounts paid for the house 

accounts) and several weeks of close-out receipts that would allow my 

attorneys to perform an accounting. The close-out receipts did not match 

the weekly totals for the three weeks that were produced. Therefore, 

discovery continues and I will supplement this Answer with the additional 

information learned in discovery.

I believe Sia Hemmati, Roman Jones, Aris ____, and Vigan Krasniqi 

retained and/or improperly distributed overtips. 

In a conversation with Ciro (Manager), Petra (Office), and Peter (Bar 

manager), I heard Ciro say that Aris, Sia, and Roman took $900k out of 

the tips that year, and that they split amongst themselves. Discovery 

continues. I also understand that an analysis of the records identifying 

the tips reported by those who received tips in a week does not equal the 

amount of tips paid out in a week, calling into question the accuracy of 

Defendants’ records. 

3. Please state each and every fact which you contend supports your claim

that Defendants unlawfully retained tips and/or overtips (e.g., identifying the work week in

which such alleged unlawful tip retention occurred, who unlawfully retained the tips and/or 

overtips, and the amount of tips and/or overtips that were allegedly retained each such work

week, etc.), and identify each and every document you believe supports that claim.

ANSWER:

Plaintiff objects to the application of fact to law as invasive of the work 

product and attorney-client privileges. Without waiver of objections:

Please see my response to Interrogatory No. 2 as discovery continues.

4. Please state each and every fact which you contend supports your claim

that Defendants unlawfully failed to distribute tips and/or overtips (e.g., identifying the work 

week in which such alleged failure to distribute tips and/or overtips occurred, who unlawfully 

Case 1:22-cv-23074-BB Document 243-4 Entered on FLSD Docket 01/12/2024 Page 3 of 5
distributed the tips and/or overtips during that week, who unlawfully received the tips and/or

overtips during that week, and the amount of tips and/or overtips that were allegedly 

unlawfully distributed each such work week, etc.), and identify each and every document you 

believe supports that claim.

ANSWER:

My attorneys have requested but not received the documents identifying 

the tips/overtips paid by patrons (and the amounts paid for the house 

accounts), and for several weeks of close-out receipts that would allow 

my attorneys to perform an accounting. Thus, the request for an 

accounting of damages is premature based on Defendants’ failure to 

timely provide the information and materials requested.

5. State with particularity the nature, basis, amount, and manner of computation

of all monetary or other relief that you are seeking, including the gross amount of tips and/or 

overtips you are claiming.

ANSWER:

Until the manager, Ciro Costanzo, told me that Aris, Roman, and Sia 

took 900k out of one year of over tips or tips, I would not have 

confirmation. I was suspicious, but there was no confirmation from a 

manager. 

I'm going by the conversation of among themselves (Aris, Roman and 

Sia), laughing, and saying that they got 900k out of our tips in only one 

year. We do yet not have all of the documents that would enable us to 

provide a week-by-week analysis, as we have several representative 

weeks and do not records for each week for the years at issue.

6. For each weak of your employment during the 5 years prior to the filing of the 

initial Complaint through the present, do you contend that the combination of your hourly 

wage and the percentage of the service charge you were paid fell below the Florida or federal

minimum wage? If the answer is yes, please state the week(s) at issue and the amount you

contend fell below the Florida or federal minimum wage.

ANSWER: No. 

Case 1:22-cv-23074-BB Document 243-4 Entered on FLSD Docket 01/12/2024 Page 4 of 5
VERIFICATION 

I, Octavio Collado, being duly sworn, depose and say: 

1, I am the Plaintiff in the above-referenced matter. I am fully familiar with the 

facts set forth herein. 

2. I have reviewed the above answers to interrogatories and verify upon penalty 

‘ 

— cotlado (Dec 8, 2023 14:21 EST) 

Name: Octavio Collado 

of perjury that they are true and correct. 

 

 

STATE OF FLORIDA ) 

ss: 

COUNTY OF MIAMI-DADE ) 

SWORN TO AND SUBSCRIBED to before me this © day of DECQminev_, 

2023, by COAQYIO. COIacb, who is personally known to me or _ has_ produced 

Druew Licance. as identification. 

Notary Name Printed 

My Commission Expires/Seal: 

 

witiia, STEFFANY SANGUINO 

oR wo Notey Public-State of Florida 

z= Commission # HH 196413 

USF My Commission Expires November 08, 2025 

ely 

28,  

3! 

Mi ay = 

 

Case 1:22-cv-23074-BB Document 243-4 Entered on FLSD Docket 01/12/2024 Page 5 of 5