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govinfo:USCOURTS-flsd-0_08-md-01916-10

U.S. District Court for the Southern District of Florida · 2022-06-16

· GavelSight synced 2026-09-06 03:42:16

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].  
Case 0:08-md-01916-RKA   Document 3114   Entered on FLSD Docket 06/17/2022   Page 2 of 3
 
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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 
Case 0:08-md-01916-RKA   Document 3114   Entered on FLSD Docket 06/17/2022   Page 3 of 3

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