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, 

RJ RIVER, LLC AND 

ROMAN JONES,

Defendants.

______________________________/

JOINT MOTION TO POSTPONE SETTLEMENT CONFERENCE

UNTIL AFTER PENDING MOTIONS ARE DECIDED

Plaintiff, Octavio Collado, Opt-In Plaintiffs, Yordan Acosta, Francis Taylor, Augusto 

Guerra, Patricia Buraschi, Jovana Majetic, Inese Berzina, Douglas Ocampo, and Andreas Bouras, 

and Defendants, 450 North River Drive, LLC d/b/a Kiki on the River, RJ River, and Roman 

Jones, jointly request that the Court permit them to postpone the settlement conference (presently 

scheduled for March 1, 2023) based on the following good cause:

1. The parties jointly bring this motion after having conferred several times by phone, 

for over an hour in total, to discuss in depth the upcoming settlement conference scheduled for 

March 1, 2023, to make the best use of the Court’s time. 

2. While the parties dispute many of the legal and factual issues in this case, they agree 

that because this is not a typical FLSA case, the parties will be in the best position to resolve some 

or the issues in dispute after the Court resolves the pending motions. 

Case 1:22-cv-23074-BB Document 87 Entered on FLSD Docket 02/27/2023 Page 1 of 4
Procedural Status

3. Mr. Collado now proceeds on his Second Amended Complaint which is not at issue 

due to the Defendants’ Motion to Dismiss in response wherein they challenge the viability of each 

of the three claims pled. [ECF Nos. 59, 63.]

4. Also pending is Mr. Collado’s Motion for Conditional Certification directed to 

Count I of the Second Amended Complaint, through which he seeks the Court’s permission to 

assemble a collective action to address Count I, and to which Defendants filed a Response in 

Opposition. [ECF Nos. 65, 82.]

5. The Court’s resolution of these two pending Motions will determine whether Mr. 

Collado may proceed on one or more of the claims pled in the Second Amended Complaint and,

if so, whether Count I of the Second Amended Complaint can proceed on a collective basis 

pursuant to 29 U.S.C. §216(b).

6. Magistrate Judge Otazo-Reyes conducted a hearing and scheduled a settlement 

conference for March 1, 2023. [ECF No. 81.]

The Issues

7. Although the parties exchanged some time, pay, tip, and account records, they have 

not exchanged all the information necessary to have a productive settlement conference due, in 

large part, to the fact that former employees of Kiki on the River continue joining this case and 

have done so in the days preceding the settlement conference scheduled for March 1, 2023. [ECF 

Nos. 4, 5, 7, 15, 22, 25, 38, 41, 83.]

8. The parties submit that conducting a settlement conference when the Defendants’ 

former employees continue opting into the lawsuit, when the Court has not yet resolved whether 

any claims may proceed past the pleading stage, and when the Court has not yet determined 

Case 1:22-cv-23074-BB Document 87 Entered on FLSD Docket 02/27/2023 Page 2 of 4
whether the FLSA claim at Count I is addressed on an aggregate basis will not be productive at 

this time.

9. Practically speaking, and after extensive telephonic conferrals, the parties could not 

formulate a framework to resolve the claims presented by the individuals who joined the lawsuit 

nor resolve the claims on an aggregate basis due to the uncertainties surrounding the pending 

motions.

10. While the parties are mindful of the purpose of conducting a settlement conference 

fairly early in the litigation process, this case presents unique challenges and issues that make 

conducting an early settlement conference futile.

11. The parties thus propose that the Court postpone the settlement conference from 

March 1, 2023, and extend the time for the parties to conduct their settlement conference so that 

it occurs within 30 days after the Court rules on the pending Motion to Dismiss and the pending 

Motion for Conditional Certification with the 30 days commencing on the later of the two rulings. 

12. After the Court rules on these two pending Motions, the parties will be better 

positioned to evaluate the claims at issue and whether their attempt at resolution should be 

approached by focusing on settling individual or aggregate claims.

13. The parties also discussed making themselves available to further discuss the above 

issues with the Court if necessary. 

WHEREFORE Plaintiff, Octavio Collado, Opt-In Plaintiffs, Yordan Acosta, Inese 

Berzina, Patricia Buraschi, Jovana Majetic, Francis Taylor, Augusto Guerra, and Andreas Bouras, 

Defendants, 450 North River Drive, LLC d/b/a Kiki on the River, RJ River, LLC, and Roman 

Jones, jointly request that the Court grant the relief requested above.

Case 1:22-cv-23074-BB Document 87 Entered on FLSD Docket 02/27/2023 Page 3 of 4
Respectfully submitted this 27th day of February 2023,

s/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

s/Reynaldo Velazquez, Esq. 

Reynaldo Velazquez, Esq. 

Fla. Bar No. 069779 

rey.velazquez@jacksonlewis.com

Roman Sarangoulis, Esq. 

Fla. Bar No. 1011944 

roman.sarangoulis@jacksonlewis.com

JACKSON LEWIS P.C. 

One Biscayne Tower 

2 South Biscayne Boulevard, Suite 3500 

Miami, Florida 33131 

Telephone: 305-577-7600 

Counsel for 450 North River Drive, LLC, 

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

s/Allan S. Reiss, Esq. 

Allan S. Reiss, Esq.

Florida Bar No. 858500 

Email: Asr@Levinelawfirm.com

Levine & Partners, P.A. 

3350 Mary Street 

Miami, Florida 33133 

Telephone: (305) 372-1352 

Counsel for RJ River, LLC 

Case 1:22-cv-23074-BB Document 87 Entered on FLSD Docket 02/27/2023 Page 4 of 4