Case 0:08-md-01916-KAM Document 2671 Entered on FLSD Docket 07/27/2020 Page 1 of 3

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

Case No. 08-01916-MD-MARRA

IN RE: CHIQUITA BRANDS

INTERNATIONAL, INC. ALIEN TORT
STATUTE AND SHAREHOLDERS
DERIVATIVE LITIGATION
____________________________________/

This Document Relates to:

ATS CASES
___________________________________/

ORDER DIRECTING SUBMISSION OF BRIEFING SCHEDULE

GOVERNING SUMMARY JUDGMENT PROCEDURES FOR
EIGHTEEN (18) REMAINING PLAINTIFFS’ CASES PREVIOUSLY
SUBJECTED TO FULL DISCOVERY PURSUANT TO SECTION II OF
AMENDED GLOBAL SCHEDULING ORDER [DE 2122]
AND
ORDER DIRECTING SELECTION OF ADDITIONAL FIFTY-SIX (56)
CASES FROM THE 350 “DISCLOSURE CASES” INITIALLY
IDENTIFIED UNDER SECTION I OF AMENDED GLOBAL
SCHEUDLING ORDER AND DIRECTING SUBMISSION OF
BRIEFING SCHEDULE GOVERNING FULL DISCOVERY AND
SUMMARY JUDGMENT PROCEEDINGS

THIS CAUSE is before the Court following submission of position statements from the parties

[DE 2556, 2558: Wolf Plaintiffs] [2562: Chiquita Defendants] [DE 2557: Non-Wolf Plaintiffs] as to how

this MDL proceeding should progress following entry of partial final summary judgment in favor of the

Defendants’ on the initial twelve (12) bellwether cases selected by the parties, a matter now the subject of

appellate review before the Eleventh Circuit Court of Appeals.

Having carefully considered the parties’ positions on advancing the progress of the remaining

individual claims in this MDL proceeding, the Court has determined to proceed with the scheduling of a

second phase of summary judgment briefing (as to the 18 remaining cases previously subjected to full

discovery) and with initiation of a second round of full discovery, summary judgment procedures, and if
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necessary, trial in a newly-selected set of fifty-six (56) full discovery cases to be drawn from the 350

“Disclosure Cases” identified pursuant to Section I of the Amended Global Scheduling Order [DE 2122].

It is accordingly ORDERED AND ADJUDGED:

1. With regard to the eighteen (18) remaining cases subjected to full discovery pursuant to

Section II of the Amended Global Scheduling Order, and which were not previously selected

for summary judgment briefing, as identified in footnote 1 to Defendants’ position statement

[DE 2562 n. 1], all parties to this action are directed to confer to discuss and develop a summary

judgment briefing schedule controlling this remaining set of eighteen full discovery cases. A

joint statement setting forth a proposed summary judgment briefing schedule shall be filed with

the Court by no later than FRIDAY, AUGUST 14, 2020, with any areas of disagreement

highlighted for resolution by the Court.

Note: The Court expressly is not adopting Chiquita’s suggestion for a threshold round of

summary judgment briefing on the limited issue of AUC-involvement in the death of each

Plaintiffs’ family members. As with the first phase of summary judgment briefing, in the

interest of litigation economies, the parties shall proceed to identify all grounds advanced as a

basis summary judgment on any claim or defense, in whole or in part, in this second phase of

summary judgment briefing.

2. With regard to the 350 Cases which were randomly selected previously by the parties (with 50

individual cases selected from each of the seven groups of Plaintiffs’ counsel), and for which

Plaintiffs’ counsel made limited initial disclosures (the 350 “Disclosure Cases”) pursuant to

Section I of the Amended Global Scheduling Order [DE 2122], as to those cases not previously

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selected for full discovery procedures, the parties shall meet and confer to develop a proposed

discovery schedule and summary judgment briefing schedule governing the following items:

•Random selection of 8 cases from each Plaintiffs’ group;

•Disclosure of information required by the Amended Global Scheduling Order [DE 2122 § I.6]

for each selected Plaintiff;

•Fact discovery deadline;

•Dispositive motion deadline;

•Memoranda in opposition to dispositive motions;

•Reply memoranda re: dispositive motions.

A joint statement setting forth a proposed scheduling order governing these matters shall be filed with the

Court by no later than FRIDAY, AUGUST 14, 2020, with any areas of disagreement highlighted for

resolution by the Court. Bellwether trials and other deadlines, as necessary, shall be set in these cases

pursuant to the Court’s calendar y separate orders.

DONE AND ORDERED in Chambers at West Palm Beach, Florida this 27th day of July

2020.

KENNETH A. MARRA
United States District Judge

cc. all counsel