Case 0:08-md-01916-KAM Document 1563 Entered on FLSD Docket 09/27/2017 Page 1 of 4

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA
Case No. 08-01916-MD-MARRA/JOHNSON

IN RE: CHIQUITA BRANDS INTERNATIONAL, INC.,

ALIEN TORT STATUTE AND SHAREHOLDER DERIVATIVE LITIGATION

______________________________________/

This Document Relates To: ATS ACTIONS

Does 1-976 (10-cv-80652)

Does 1-677 (11-cv-80404)
Does 1-2146 (17-cv-80475)
______________________________________/

Plaintiffs' Motion for Protective Order

for Clients with Travel Issues

Pursuant to Rule 26(c), three of counsel's Bellwether Plaintiffs, designated herein as Bellwether

#3, Bellwether #6, and Bellwether #8, move the Court for a Protective Order so that they may be

excused from their depositions scheduled this week in Florida, because they are unable to travel for

medical and personal reasons.

On July 6, 2017, Defendant Chiquita Brands sent Notices of Deposition to the eight bellwether

plaintiffs jointly selected by the parties. The depositions were arranged, two per day, from September

28, 2017, to October 2, 2017. On July 6, 2017, undersigned counsel moved the Court to take the

testimony by video, or in the alternative, for an enlargement of time beyond the 60 days notice given

by the Defendant. D.E. 1497. The Court denied the motion, including the time extension, on August

10, 2017. D.E. 1535. At the time, counsel was concerned about the plaintiffs' ability to obtain visas

to the United States. As it turns out, the U.S. embassy bent over backwards to help us, producing the

first visa in only three days. So far, all of our bellwether plaintiffs have received visas, which don't

expire for ten more years.

At this time, the first two bellwether plaintiffs are in a hotel in Fort Lauderdale, FL, expecting

to give their deposition testimony tomorrow. Over the next few days, two more of our bellwether

1
Case 0:08-md-01916-KAM Document 1563 Entered on FLSD Docket 09/27/2017 Page 2 of 4

plaintiffs should arrive, for depositions scheduled for Friday and Monday. However, this only accounts

for four of our eight bellwether cases.

Of the remaining four, one is deceased. [Bellwether Plaintiff #1] Counsel filed a notice

dismissing this case once it was determined that the plaintiff had died. D.E. 1539. We only thought

we had lost contact with her, but confirmed her death through a Colombian government agency.

The remaining three have different issues which prevent them from traveling. See Exhibit 1

and Exhibit 2 attached hereto, which are their signed declarations, the declaration of my assistant Lina

Delgado, and English translations. Counsel is providing unredacted versions of these declarations to

Chiquita's counsel at Blank Rome LLP, along with medical reports that the plaintiffs gave to Ms.

Delgado.1 The details are as follows.

Bellwether Plaintiff #6 is gravely ill, and needs a nurse to wash herself and use the bathroom.

She is elderly and suffers from a type of anemia in which her bones don't have enough iron and are not

strong enough to support her. She may also have cirrhosis of the liver. She is unable to travel anywhere

and is not expected to improve much before the trial in October 2019.

Bellwether Plaintiff #8 has a dislocated hip which prevents her from sitting upright or bending

over. She is expected to recover from this problem and asks the Court if she may appear for the

deposition at some later date.

Bellwether Plaintiff #3 cannot travel for financial reasons. She takes care of two grandchildren,

who have no one else to watch them. She recently borrowed money from a bank to open a small shop,

which she has to watch all day.

1
The Court may consider whether to Order the Plaintiffs to file unredacted versions of the
declarations, and the medical reports, under seal. The medical reports are in Spanish and on
complicated forms, but can be translated into English if the Court is interested in the details, which
are in the possession of Chiquita Brands.
2
Case 0:08-md-01916-KAM Document 1563 Entered on FLSD Docket 09/27/2017 Page 3 of 4

As it turns out, of the four plaintiffs who can travel, two were selected by Chiquita, and two by

me. Of the ones who cannot travel, two were selected by me, and one was selected by Chiquita, in

addition to the deceased client who was selected by Chiquita. Chiquita agrees that the deceased

plaintiff should be replaced, but has not selected her replacement.

We ask the Court to Order that the deposition of Bellwether Plaintiff #8 be rescheduled for a

later time, when the plaintiff has recovered from her dislocated hip. The Court should also order that

Bellwether Plaintffs #3 and #8 should be replaced by other plaintiffs, with no adverse consequence to

these plaintiffs. The alternative could be to take their depositions by video, which the Court has already

denied, although these plaintiffs have special situations which may justify exceptions. The Defendant

doesn't agree and will state its own position about these cases.

We had about a month to arrange the passports and visas, which was difficult but not

impossible. The plaintifffs first had to take an 8 hour bus ride to Medellin to apply for passports. Then

the plaintiffs took a second trip to Bogota (about 15 hours by bus) for their interviews at the US

embassy. It was a great victory to see the first plaintiffs arrive at the airport this morning, since now

we know the visas are not going to be a problem and there are no other obstacles to litigating the case

in the U.S.

CONCLUSION

The three bellwether plaintiffs are unable to comply with the Court's Order of August 10, 2017,

D.E. 1535, for various medical and personal reasons. The Court should excuse them and order the

parties to either replace them, or in the case of Bellwether Plaintiff #8 who has a dislocated hip, to

reschedule the deposition for after the plaintiff has recovered.

Respectfully submitted,

/s/ Paul Wolf

__________________________
Paul Wolf, CO Bar #42107
Attorney for Bellwether Plaintiffs #3, #6, and #8
PO Box 46213

3
Case 0:08-md-01916-KAM Document 1563 Entered on FLSD Docket 09/27/2017 Page 4 of 4

Denver, CO 80201
(202) 431-6986
paulwolf@yahoo.com
fax: n/a.

September 27, 2017

Certificate of Service

I hereby certify that on September 27, 2017, I filed the foregoing document and its two exhibits
with the Clerk of the Court using the Court's electronic case filing (ECF) system, which should provide
notices to all persons entitled to receive them. I further certify that I am today providing the Defendant
with an unredacted copy of Exhibit 1, and medical reports for Bellwether Plaintiffs #6 and #8.

/s/ Paul Wolf

________________
Paul Wolf