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govinfo:USCOURTS-flsd-0_08-md-01916-10
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. 08-MD-01916-MARRA
IN RE: CHIQUITA BRANDS INTERNATIONAL, INC.
ALIEN TORT STATUTE AND SHAREHOLDER
DERIVATIVE LITIGATION
______________________________________________/
This Document Relates to
ATS ACTIONS:
07-60821-CIV-MARRA (Carrizosa)
08-80421-CIV-MARRA (N. J. Action) (Does 1-11)
08-80465-CIV-MARRA (D.C. Action) (Does 1-144)
08-80508-CIV-MARRA (Valencia)
08-80480-CIV-MARRA (N.Y. Action) (Juan/Juana Does 1-914)
10-60573-CIV-MARRA (Montes)
10-80652-CIV-MARRA (D.C. Action) (Does 1-976)
11-80404-CIV-MARRA (D.C. Action (Does 1-677)
11-80405-CIV-MARRA (D.C. Action) (Does 1-254)
17-80475-CIV-MARRA (Ohio Action) (Doe 1-2146)
17-80547-CIV-MARRA
17-80323-CIV-MARRA
17-81285-CIV-MARRA (D.C. Action) (Does v Hills)
18-80248-CIV-MARRA (John Doe 1)
20-82222-CIV-MARRA
21-60058-CIV-MARRA
_________________________________________________/
ORDER ADOPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
ON WOLF PLAINTIFFS’ MOTION TO DISQUALIFY COUNSEL FILING
DUPLICATE CLAIMS [DE 2987]
AND
ORDER DENYNG AS MOOT WOLF PLAINTIFFS’ MOTON TO DISQUALIFY
COUNSEL FILING DUPLICATE CLAIMS FOR THE SAME PLAINTIFFS AND FOR
DIFFERENT LEGAL HEIRS OF THE SAME DECEDENTS [DE 2933]
This case is before the Court on the Magistrate Judge’s Report and Recommendation on
the Wolf Plaintiffs’ Motion to Disqualify Counsel Filing Duplicate Claims filed September 21,
2021 [DE 2987], recommending that the motion be denied as moot based on joint stipulations of
counsel as to the bulk of conflicting claims of representation of the clients in question [DE 2978,
Case 0:08-md-01916-RKA Document 3114 Entered on FLSD Docket 06/17/2022 Page 1 of 3
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2980]. Observing that no party has since filed objection to the Report and Recommendation, it is
now ORDERED AND ADJUDGED:
1. The Magistrate Judge’s Report and Recommendation on the Wolf Plaintiffs’ Motion to
Disqualify [DE 2987] is APPROVED and ADOPTED in full.
2. Counsels’ Joint Stipulation Regarding Duplicate Claims, as between Attorney Marco
Simons and Attorney Paul Wolf entered September 17 , 2021 [DE 2978] , is hereby
adopted in full resolution of the duplicate claims of representation pertaining to the
claimants designated therein.
3. Counsels’ Joint Stipulation regarding Duplicate Claims, a s between Attorney Paul
Wolf and the law firms of Searcy Denny Scarola Barnhardt & Shipley, P.A. and Boies
Schiller & Flexner, LLP, entered September 20, 2021 [DE 2981], is hereby adopted in
full resolution of the duplicate claims of representation pertaining to the claimants
designated therein.
4. To the extent issues of duplicate representation have not yet been resolved as to Wolf
Does 771, 263, 415, 952 and 1574 – the sole group of claimants as to whom
representation was left unresolved at the time of earlier status report to the Magistrate
Judge [DE 2982, 2983, 2983-1, 2984, 2985]1 - Attorneys Paul Wolf and Marco Simons
shall file joint status report with this Court by no later than JULY 10, 2022, indicating
whether the unsettled claims of representation pertaining to these individuals have been
resolved at this juncture.
1 As set forth by Attorney Wolf in an earlier report to the Magistrate Judge, as to Wolf Doe 771, “no counsel has been
able to contact the plaintiff to determine her wishes,” and as to Wolf Does 263, 415, 952 and 1574, “there appear to
be two different people claiming to be decedents’ spouse,” while none of the individuals in question appeared on any
counsel’s witness list [DE 2983 at 2].
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5. The Wolf Plaintiffs’ Mot ion to Disqualify Counsel Filing Duplicate Claims for the
Same Plaintiffs, and for Different Legal Heirs of the Same Decedents [DE 2933] is
DENIED AS MOOT , with leave to renew as to Wolf Doe s 771, 263, 415, 952 and
1574 in the event any disputed claims of representation remain unresolved at this time.
DONE AND ORDERED in Chambers, in West Palm Beach, Florida this 16th day of June,
2022.
KENNETH A. MARRA
United States District Judge
cc: All counsel of record
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