Case 0:08-md-01916-KAM Document 2653 Entered on FLSD Docket 04/23/2020 Page 1 of 3

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA
Case No. 08-01916-MD-MARRA/JOHNSON

IN RE: CHIQUITA BRANDS INTERNATIONAL, INC.

ALIEN TORT STATUTE AND
SHAREHOLDER DERIVATIVE LITIGATION
_______________________________________________/

This Document relates to:

ATS ACTION
_______________________________________________/

Case No. 8:08-cv-80465-KAM (D.C. ACTION)

DOES (1-144), PEREZES (1-95), PEREZES (96-795),

and Carmen Tulia Cordoba Cuesta et al.,

Plaintiffs,
v.

CHIQUITA BRANDS INTERNATIONAL, INC. ET AL.,

Defendants.
_______________________________________________/

ATTORNEY TERRENCE P. COLLINGSWORTH’S RESPONSE TO NOTICE OF

HEARING (DE 2646) REGARDING PENDING MOTION TO DISQUALIFY

The undersigned attorney Terrence P. Collingsworth, on behalf of himself and

International Rights Advocates, hereby responds to the Court’s Notice of Hearing (DE 2646)

regarding Paul Wolf’s pending cross-motion and renewed motion to disqualify Mr.

Collingsworth and Conrad & Scherer LLP as counsel for Plaintiffs Does 1-144 in the captioned

matter.

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Mr. Collingsworth has long-desired to disentangle from any co-counsel relationship with

Mr. Wolf and regrets that the Court has been drawn into this dispute. The current covid-19 virus

crisis has sharply emphasized that life is too short and the need to avoid unnecessary conflicts

and disputes. Accordingly, Mr. Collingsworth is now willing to voluntarily relinquish his lead

counsel status and any representation rights going forward for Does 1-144 in order to terminate

any co-counsel relationship with Mr. Wolf provided Mr. Wolf be ORDERED to do the

following, all of which would be required or permitted by law if Mr. Wolf were to prevail on his

motion:

1. To comply with Local Rule 11 and other applicable laws, Mr. Wolf shall, within 60

days of the lifting of covid-19 virus-related travel restrictions, provide to the Court

and to Mr. Collingsworth and Conrad & Scherer, LLP signed replacement attorney-

client agreements with Does 1-144 confirming that Mr. Wolf is their sole counsel

going forward and that Mr. Collingsworth and Conrad & Scherer, LLP have

voluntarily withdrawn as their counsel;1

2. Once item 1 is accomplished, Mr. Wolf shall prepare and file appropriate Notices of

Appearance for representation for Does 1-144 and Mr. Collingsworth and Conrad &

Scherer, LLP shall file their Notices of Withdrawal for Does 1-144;

3. As Mr. Wolf has acknowledged, see, e.g., DE 114 ¶ 1 (Mr. Wolf’s 8.20.08

Declaration), Mr. Collingsworth provided him with $8,000 for his initial trip to

Colombia to meet with and sign joint representation agreements with Does 1-144 on

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Conrad & Scherer LLP has informed Mr. Collingsworth that they will be filing a document
indicating that have no objection to being relieved of responsibility for representation of Does 1-
144, so for the convenience of the Court, Mr. Collingsworth has added the firm to the
appropriate issues here and in the attached Proposed Order.
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behalf of Mr. Wolf and Mr. Collingsworth.2 Within 30 days of the Court’s Order, Mr.

Wolf will reimburse this $8,000 advance to International Rights Advocates; and

4. Should Mr. Wolf ultimately recover any damages award for any of the Does 1-144,

Mr. Wolf shall notify Mr. Collingsworth of the details of any such recovery so that he

may evaluate whether to seek attorneys fees from Mr. Wolf on a quantum meruit

basis for his work on behalf of the Doe 1-144 Plaintiffs as he may be entitled to under

law.

A proposed ORDER is attached. Mr. Collingsworth stresses that his position on the

merits is correct (DE 2618, 2622) and that Mr. Wolf’s position is based on false assertions.

However, seeing no other practical resolution that will terminate his co-counsel relationship with

Mr. Wolf, Mr. Collingsworth is willing to voluntarily terminate his representation of Does 1-144.

Dated: April 23, 2020 Respectfully submitted:

By:____________________________________
Terrence P. Collingsworth (DC Bar No. 471830)
INTERNATIONAL RIGHTS ADVOCATES
621 Maryland Ave NE
Washington, D.C. 20002
Telephone: 202-543-5811
tc@iradvocates.org
Attorneys for Plaintiffs DOES (1-144),
PEREZES (1-95), PEREZES (96-795),
and Carmen Tulia Cordoba Cuesta, et al.

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Mr. Wolf is mistaken that Robert Childs provided the funds. See DE 114 ¶ 1. He never got
involved in the cases and advanced no funds. International Rights Advocates provided the funds
to Mr. Wolf.
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