Case 0:08-md-01916-KAM Document 1721 Entered on FLSD Docket 12/14/2017 Page 1 of 3

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

CASE NO. 08-MD-1916--MARRA

IN RE: CHIQUITA BRANDS INTERNATIONAL

ALIEN TORT STATUTE AND
SHAREHOLDER DERIVATIVE LITIGATION
_________________________________________/

This Document Relates To:

ATS Actions

Montes Plaintiffs
08-80421-CIV-MARRA
10-60573-CIV-MARRA
17-80535-CIV-MARRA
_________________________________________/

ORDER DENYING BOIES, SCHILLER & FLEXNER LLPS MOTION TO WITHDRAW

AS COUNSEL FOR MONTES PLAINTIFFS WITHOUT PREJUDICE [DE 1712]

THIS CAUSE is before the court upon Boies, Schiller & Flexner LLPs motion to

withdraw as counsel for Plaintiffs in the above-captioned actions and motion to substitute Searcy

Denney Scarola Barnhart & Shipley P.A. as counsel for Plaintiffs in its stead [DE 1712], together

with Response in Opposition to the motion submitted by Does 1-976 [Case No. 10-cv-80652],

Does 1-677 [Case No. 11-cv-80404] and Does 1-2146 [Case No. 17-cv-80475] [DE 1715] and the

Movants Reply [DE 1720]. As this motion is not accompanied by certification of written

notice to all affected clients, it does not meet the requirements of S.D. Fla. L.R. 11.1 (d) (3). This

Rule provides:

No attorney shall withdraw the attorneys appearance in any action or proceeding

except by leave of Court after notice served on the attorneys client and opposing
counsel. A motion to withdraw shall include a current mailing address for the
attorneys client or the clients counsel.

Counsels amended certificate of service [DE 1720-4], indicating that moving counsel served the

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motion to withdraw and for substitution of counsel upon Dr. Torrado, the Colombian attorney who

originally referred the cases to moving counsel, and the exemplar attorney fee agreement

generated by Dr. Torrado, authorizing him to retain co-counsel on behalf of all Plaintiffs in this

class for purpose of pursuing any claims in litigation [DE 1720-2], do not cure this notice

deficiency. Dr. Torrado is not the client upon whom notice of withdrawal must be served as

contemplated under Rule 11.1 (d), and his authority to retain co-counsel on behalf of the Montes

Plaintiff class does not excuse him or counsel of record from the notice requirements governing

withdrawal of counsel in litigation pending before this Court.

Boies, Schiller & Flexner LLPs motion to withdraw shall accordingly be denied, without

prejudice, for renewal following completion of written notice served on all clients (Montes

Plaintiffs), expiration of a reasonable time period within which client objections might be lodged

to the proposed withdrawal and substitution, and submission of a written report to the Court

certifying the results of the client notification.

It is accordingly ORDERED AND AJDUGED:

1. Boies Schiller & Flexner LLPs motion to withdraw as counsel of record and motion

to substitute counsel for the Montes Plaintiffs in the above-captioned actions [DE

1712] is DENIED WITHOUT PREJUIDCE.

2. Counsel may renew their motion following completion of the notice and reporting

requirements prescribed by this Order.

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DONE AND SIGNED in Chambers at West Palm Beach, Florida this 13th day December,

2017.

KENNETH A. MARRA
United States District Judge