Case 0:08-md-01916-KAM Document 2417 Entered on FLSD Docket 04/19/2019 Page 1 of 3

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA
CASE NO. 08-md-01916-KAM

IN RE: CHIQUITA BRANDS

INTERNATIONAL, INC. ALIEN
TORTS STATUTE AND
SHAREHOLDER DERIVATIVE
LITIGATION
__________________________________________/

This Order relates to:

ATS ACTIONS

08-80465-CIV-MARRA (D.C. Action) (Does 1-144)

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 (O.H. Action) (Does 1-2146)

__________________________________________/

Plaintiffs Response to Notice of Appeal [DE 2415]

The Plaintiffs in the above-captioned cases do not join in this appeal, and ask the Court to maintain

the current calendar with respect to their cases. Undersigned counsel's bellwether plaintiffs would gladly

take one of the trials scheduled October 28, 2019, or February 3, 2020. See Amended Global Scheduling

Order, DE 2122. At the last status conference in this case, the Court indicated that it was amenable to

scheduling a third bellwether trial for undersigned counsel's cases. Chiquita also consented, but the

appellants opposed our going to trial in the SDFL, or being incorporated in the scheduled bellwether trials.

Now they no longer appear interested in these open dates on the Court's calendar.

The plaintiffs I represent have waited for twelve years already, mostly due to delays caused by the

appellants, and shouldn't have to wait another two years for this appeal. Although there is a dilemma, since

some plaintiffs will no longer want to participate in the case, the likelihood of success of the appeal is close

to zero. The Court obviously has broad discretion, and the order is based on evidence, or the lack of it.
Case 0:08-md-01916-KAM Document 2417 Entered on FLSD Docket 04/19/2019 Page 2 of 3

The motivation for the appeal makes no sense. I'm really the only attorney who protected the

identities of a significant number of plaintiffs. Mr. Scarola did not.1 Mr. Collingsworth and Conrad &

Scherer protected the identities of their first 95 clients, then published the names of more than 1000

subsequent clients. Earthrights only represents about two cases against the corporation (the "minor does")

and maybe 100 cases against individual defendants. I have not counted them. Other plaintiffs' counsel

filed all their cases using the plaintiffs' real names. I filed all (2,146+173) 2319 of my cases using

pseudonyms, but am not joining in this appeal.

While the Court may have been divested of jurisdiction to decide the pending motions for summary

judgment, partial summary judgment, and class certification, the Court may still decide all these motions

with respect to the above-captioned cases, which are subject to all those motions, and not on appeal. Once

Chiquita and the Individual Defendants file their Replies, the summary judgment briefing will be complete.

I'm competent to litigate the remaining pretrial motions, stipulations and final pretrial order to bring my

bellwether cases to trial, and recognize the value of the trial dates on the Court's calendar. Once the appeal

is docketed, the Court should schedule a status conference for my cases.

Respectfully submitted,

/s/ Paul Wolf

_______________________
Paul Wolf, DC Bar #480285
Attorney for Plaintiffs
P.O. Box 21840
Washington, D.C. 20009
(202) 431-6986
paulwolf@yahoo.com

April 19, 2019

1
Mr. Scarola's power to represent Does 1-144 and tie them up in this appeal is derived from his agreements with
Attorney Collingsworth and Conrad & Scherer, LLP, and is contingent on the Court's determination of a pending
Motion to Disqualify. DE 2373.
Case 0:08-md-01916-KAM Document 2417 Entered on FLSD Docket 04/19/2019 Page 3 of 3

Certificate of Service

I hereby certify that on this 19th day of April, 2019, I filed the foregoing document, and all exhibits
thereto with the Clerk of the Court using the Court's Electronic Case Filing (ECF) system, which will send
electronic notices to all persons entitled to receive them.

/s/ Paul Wolf

_________________
Paul Wolf