Professional Documents
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ATS ACTIONS
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Attorney James Green falsely claims that I joined in this Motion. I have had no
communications with him on the subject at all. "Attorney Paul Wolf indicated that he joins in the
relief sought by this motion."1 Mr. Simons asked me if I would "consent" to the motion, see
Exhibit 1 attached hereto, which I did. They both know the difference.
My clients aren't involved in Chiquita's Motion to Dismiss because I had no trouble finding
any of them. For my clients who failed to appear in Florida, I explained the reason and moved the
1
It's not the first time Mr. Green has deliberately misrepresented my position on minor issues,
assuming it would not be worth fighting over. Early in the case, Mr. Green was signing my name
to documents over my written objections. He would not provide me with notices of deposition
until ordered to by the court and tried to exclude me from the Rule 30(b)(6) deposition and the two
paramilitary depositions I wanted to participate in.
1
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Court for them to testify by video. One had died. When my motions for video depositons were
denied, those plaintiffs dismissed their own claims voluntarily, to avoid the sanctions of disobeying
the Court's orders. See Orders, DE 1706, 2094. For the cases at issue, counsel didn't move the
court for protective orders. They apparently just failed to appear. The sanction for that might be
contempt of court.
My theory was that by voluntarily dismissing their claims "without prejudice," an argument
may later be made that the claims can be reasserted, and the time tolled. For example, a judge in
the District of Columbia will also have discretion whether to allow testimony by video. I will
argue that the only way to bring 1,000 cases to trial is to decide common issues in a bifurcated
trial, followed by a series of short video trials. In my opinion, the only thing Chiquita got out of
any of the six depositions they took of my clients, is that they cannot always say with certainty
who committed the crime. But that's not the legal standard.
liable by operation of law, by application of the negligence per se principle to Chiquita's guilty
plea in the criminal case, which arose from provisions in the U.S.A. Patriot Act.2 The only
remaining issues are proximate cause and damages. As explained by Plaintiffs' expert Manuel
Ortega in his report, the location, time, modus operandi and other factors prove liability to the
Whether to turn each individual case into a week-long trial depends not only on the
standards used, but also the value of each one. At this time, the parties have no benchmark to use
2
Using the governmental interest analysis applied in D.C., the court would compare the policies
underlying the Patriot Act to any Colombian policy that supports the application of their law. Even
in less clear circumstances, judges in D.C. prefer to apply D.C. law. To see why, one need only
try to verify the complex, badly translated, and mostly unsupported causation arguments made by
Chiquita's expert, Dr. Santos Ballesteros. DE 2203-1.
2
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to determine the measure of damages, and this depends entirely on choice of laws. If Colombian
damages are used, Chiquita estimates them to be about $20,000-$30,000 per person. However, if
the laws of DC apply, there are no damage caps, and three or four legal theories leading to
uncapped damages. (loss of consortium, bodily pain and suffering, pre impact fright, and punitive
damages) I intend to move the Court for partial summary judgment on negligence per se on the
I am not aware of Chiquita's dealings with other plaintiffs' counsel, but with me, their
strategy has been to try to "knock out" cases to reduce the bellwether pool. Their picks for
bellwether cases were the ones that only have claims against Individual Defendants. Unless any
of this leads to establishing criteria for summary judgment, it just wastes everyone's time and
money.
Mr. Green asks for sympathy for the holidays, but should not be pressing these claims in
defiance of the Court's orders. In addition to dismissing the claims, the court may impose contempt
Respectfully submittted,
3
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Certificate of Service
I hereby certify that on this 23th day of December, 2018, I filed the foregoing document
with the clerk of the court using the Court's Electronic Case Filing (ECF) system, which will send
notices to all persons entitled to receive them.