Case 0:08-md-01916-KAM Document 3097 Entered on FLSD Docket 05/03/2022 Page 1 of 3

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

08-CIV-80465-MARRA (Does 1-144)

10-CIV-80652- MARRA (Does 1-976)
11-CIV-80404-MARRA (Does 1-677)
17-CIV-80475-MARRA (Does 1-2146)
________________________________________________/

ORDER GRANTING WOLF PLAINTIFFS’ RENEWED MOTION FOR ISSUANCE OF

LETTER OF REQUEST FOR JUDICIAL ASSISTANCE TO THE REPUBLIC OF
COLOMBIA PURSAUNT TO THE HAGUE EVIDENCE CONVENTION [DE 3080]

THIS CAUSE is before the Court on the Wolf Plaintiffs’ Renewed Motion for Issuance

of Letter of Request under the Hague Evidence Convention seeking the production of recordings

of the testimonies of persons accused of committing the murders of Plaintiffs’ decedents in

proceedings before the Colombian Commission of Justice and Peace, the war crimes tribunal

established to facilitate demobilization of paramilitaries, and in proceedings before “Accion

Social,” the administrative agency charged with determining whether to recognize persons as

victims of war crimes and provide them compensation. The motion is directed to testimonial

evidence from files in those 996 cases where counsel has confirmed that the victim applied to the

Commission of Justice and Peace or Accion Social for relief. Production of the materials is

requested on or before December 31, 2022. [DE 3080].

Having carefully reviewed the motion, the Chiquita Defendants Opposition to the Motion

[DE 3087] and the Wolf Plaintiffs’ Reply [DE 3088], the Court concludes that Plaintiffs
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have established an adequate basis for issuance of the requested letter. The scope of the

request is narrowly tailored to a specific category of relevant information – testimonial

responses of AUC leaders to murder charges made in official proceedings conducted before

the Colombian government’s war crime tribunal and in proceedings before the state

administrative agency created to oversee the delivery of compensation to victims of war

crimes. The narrow category of information sought would not appear on its face appear to

encompass privileged materials. And while the request is expansive, seeking access to 996

specific case files, the Court does not find it “unduly” burdensome where counsel has made

preliminary screening of Plaintiff groups and narrowed the request to those instances where

he has confirmed the opening and processing of case files either before the Justice and

Peace Commission or the Accion Social. That the case volume is high is a function of the

magnitude of the alleged civilian carnage involved, a factor beyond the control of counsel

who represents this entire alleged victim pool.

Further, the documents are important to the litigation, since Chiquita has vigorously

contested the identity of the killers of Plaintiffs’ decedents as this litigation evolved,

arguing that no causal link between misconduct alleged against Chiquita and harm to

Plaintiffs’ decedents can be made without proof of AUC involvement in each murder.

Further, the requests are sufficiently specific, where the proposed letter of request seeks

recordings of testimony given by accused parties in the 996 cases at issue. Plaintiffs further

show they have attempted to obtain this information through informal requests to the

Colombian government, without success. It is in the interest of Colombian government and

United States government to promote fair, thorough, and transparent discovery procedures

in civil cases charging imprudent misconduct and facilitation of war crimes against U.S.

corporations operating on foreign soil. These four comity factors all weigh in favor of

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allowing the request for assistance under the Hague Evidence Convention. Finding an

adequate showing to support the instant motion, it is here

ORDERED AND ADJUDGED:

1. The Wolf Plaintiffs’ Renewed Motion for Issuance of a Letter of Request to the

Central Authority for the Hague Convention of the Republic of Colombia [DE 3080]

is GRANTED.

2. The Clerk of Court is directed to MAIL a certified copy of this Order and the attached

Letters of Request [English (DE 3080-3) and Spanish (DE 3080-4)] to Plaintiffs’

counsel, Attorney Wolf, who shall be responsible for prompt delivery of the Letters

to the Central Authority for the Republic of Colombia.

3. Attorney Wolf shall further be responsible for attaching any relevant exhibits to the

Letter that the parties have agreed upon as appropriate explanatory aids for the benefit

of the Respondent.

DONE AND ORDERED in Chambers at West Palm Beach, Florida this 2nd day of

May, 2022.

KENNETH A. MARRA
United States District Judge

cc. all counsel