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Chiquita Motion To Conduct Oral Arguments by Video
Chiquita Motion To Conduct Oral Arguments by Video
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____________________________________________
____________________________________________
Counsel certifies that the following is a complete list of the trial judge(s), all
(noted with its stock symbol if publicly listed) that have an interest in the outcome
and parent corporations, and other identifiable legal entities related to a party,
the District Court, and the daughter of deceased plaintiff Doe 840, whose identity
also remains confidential under the Order. In addition, the plaintiffs bring their
other legal heirs with interests, whose identities are known to the Appellees, but
approximately 2,319 wrongful death cases. In addition, there are six other plaintiff
groups with a total of about 7500 "claims" in the MDL, all of whom have an
i
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Aguirre, Fernando
Alsama, Ltd.
Anacar LDC
Arvelo, José E.
B C Systems, Inc.
Baird, Bruce
Bandy, Kevin
ii
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Bronson, Ardith
Brundicorpi S.A.
Carrillo, Arturo J.
CB Containers, Inc.
Childs, Robert
iii
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iv
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Chiquita Nordic Oy
Chiquita Norway As
Chiquita Sweden AB
Chiquita UK Limited
ChiquitaStore.com L.L.C.
CILPAC Establishment
Cioffi, Michael
Collingsworth, Terrence P.
vi
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Dante, Frank
Davies, Patrick
DeLeon, John
DLA Piper
Duraiswamy, Shankar
Dyer, Karen C.
FMR LLC
vii
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Friedheim, Cyrus
Garland, James
Girardi, Thomas V.
Gould, Kimberly
Green, James K.
Guralnick, Ronald S.
Hall, John
Jones, Stanton
Keiser, Charles
King, William B.
Kistinger, Robert
Lack, Walter J.
Markman, Ligia
Martin, David
McCawley, Sigrid S.
Mosier, Mark
Mozabanana, Lda.
ix
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Olson, Robert
Ordman, John
Philips, Layn
Priedheim, Alissa
Rapp, Cristopher
Reiter, Jonathan C.
Scarola, Jack
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Silbert, Earl
Simons, Marco
Skinner, William
Sperling, Jonathan
Spiers N.V.
Sprague, Ashley M.
Stewart, Thomas
Stubbs, Sidney
TransFRESH Corporation
Tsacalis, William
Wichmann, William J.
xi
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Wiesner, Eduardo A.
Wilkins, Robert
Wolf, Paul
Wolosky, Lee S.
Zack, Stephen N
Zuleta, Alberto
Certification
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Come now the Plaintiff-Appellants, Does 378 and 840, to move the Court
the arguments by video will keep everyone safe during the pandemic, and allow the
internet.
In the alternative, if the time is too limited for this to be practical, the Court
should allow undersigned counsel to conduct the arguments. A review of the briefs
presented by the Wolf and Non-Wolf Plaintiff-Appellants shows that our arguments
are more suitable for Appellate review. The Wolf Appellants (Doe 378 and Doe
840) identified three questions presented in this appeal: (1) whether the District
Court erred by finding the summary judgment record insufficient to support a jury
verdict in Appellants' favor; (2) whether the District Court erred by requiring
Appellants to know the precise identity of the killers, when all they had to show
was that the person who caused Appellants injuries was supported by the Appellee;
and (3) whether the District Court erred in applying the Daubert standard to a law
Remand at 10, filed on November 13, 2019, and Opening Brief filed on March 4,
2020. In comparison, the Non Wolf Appellants' Opening Brief, filed on May 29,
2020, is more than 100 pages long, and is mostly concerned with the details of the
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nearly everything that could be argued on appeal. The Court should agree that the
standards of review are what need to be defined, rather than focusing on the
cases, who have yet to substantively respond. See Exhibit 1, attached hereto.
Attorney Paul Hoffman, who presented oral argument in the previous appeal in this
case, Antonio Carrizosa, et al. v. Chiquita Brands International, et al., Case No.
hasn't even read them. Id. I have never been able to confer with the other counsel
substantive reply.
In the first Appeal in this case, Carrizosa, the Court didn't allow the Wolf
Appellants any time during the Oral argument, despite the fact that undersigned
1
Undersigned counsel represents 144 families in Case No.
08-80465-CIV-MARRA, Does 1-144 v. CBI; 2146 families in Case No.
17-80475-CIV-MARRA, Does 1-2146 v. CBI; and 254 families in Case No.
11-80405-CIV-MARRA, Does 1-254 v. CBI. (The 976 plaintiffs in the case
caption are a subset of 2,146 plaintiffs who sued individual defendants but not the
corporation, for statute of limitations reasons.) The Non-Wolf Plaintiffs have never
counted their total number of cases, but represent approximately 2,500 individual
plaintiffs, according to the District Court. If there are 4 legal heirs in each family
(an estimate), each represented by the personal representative of the estate,
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appeal, the Court ruled on Attorney Hoffman's Motion to Allocate Time, April 16,
2014, the very next day, on April 17, 2014, before undersigned counsel could even
respond. See Exhibits 1-4 to Appellants Does 1-976 Cross-Motion to Vacate and
mention that I represent the majority of the plaintiffs in the MDL); and Exhibit 3,
that he is lead counsel in the MDL, the District Court has never recognized him as
such." and "My long-time dispute with Mr. Hoffman and his group is based on my
accusation that they are engaged in a witness-paying conspiracy, which has now
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briefs in this Appeal. Undersigned counsel opposed on February 18, 2020, and the
Non Wolf Appellants Replied on February 24, 2020. We filed our Opening Brief
almost four weeks early, on March 4, 2020, to make sure that it was at least part of
the record in the case. In contrast, we are only asking to divide the time and be
heard.
CONCLUSION
This Court's role is to clarify the law and the standards used by the District
the Plaintiff-Appellants have had no voice in the District Court, nor in the Court of
Appeals. Instead of recognizing the rights of the litigants, the District Court has
allowed a witness bribery conspiracy to destroy the testimony of at least one key
witness. The Wolf Appellants have moved the District Court, and this Court,
pursuant to Lexecon Inc. v. Milberg Weiss Bershad Hynes & Lerach, 523 U.S. 26
(1998), for remand back to the U.S. District Court for the District of Columbia,
Respectfully submitted,
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Certificate of Service
I hereby certify, that on this 18th of August, 2021, I filed the foregoing response
with the Clerk of the Court using the Court's Electronic Case Filing (ECF) system,
which will send notices to all counsel receiving electronic notices in this case.
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Exhibit 1
8/18/2021 Yahoo Mail - Re: Appeal 19-13926 Does 1-976 v CBI
USCA11 Case: 19-13926 (20
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From: hoffpaul@aol.com
To: paulwolf@yahoo.com
Thanks
In a message dated 8/17/2021 6:48:27 AM Pacific Standard Time, paulwolf@yahoo.com writes:
Here you go. I think these five briefs were all that were filed in the Appeal.
Dear Paul:
I will respond to your e mail after I am able to consult with everyone. I do think that doing the argument
remotely makes sense in the circumstances especially given the COVID situation in Florida.
Could you send me your briefs so I can review them to see how they are different or overlap?
Paul
>
> Dear Counsel -
>
>
>
> I just acknowledged receipt of the notice that oral arguments in this appeal will be on October 5, 2021. Can we
agree to divide the appellants' time 50/50? I would like to present my arguments first, and think that's fair since I
was not able to present at all in the earlier ATS appeal. Our arguments are different, with my briefs focused on
the standards of review and yours more focused on the application of hearsay exceptions. Also, whether you
think we should do the arguments by video. I would prefer this because my clients would be able to watch it live
streamed, but am OK either way.
See https://www.ca11.uscourts.gov/sites/default/files/courtdocs/clk/GeneralOrder45Amended.pdf
>
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8/18/2021 Yahoo Mail - Re: Appeal 19-13926 Does 1-976 v CBI
USCA11 Case: 19-13926 (21
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>
>
> Please let me know your position on this.
>
>
>
> Sincerely,
>
>
>
>
>
> Paul Wolf
>
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