Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
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Counsel certifies that the following is a complete list of the trial judge(s), all
(noted with its stock symbol if publicly listed) that have an interest in the outcome
and parent corporations, and other identifiable legal entities related to a party,
the District Court, and the daughter of deceased plaintiff Doe 840, whose identity
also remains confidential under the Order. In addition, the plaintiffs bring their
other legal heirs with interests, whose identities are known to the Appellees, but
approximately 2,319 wrongful death cases. In addition, there are six other plaintiff
groups with a total of about 7500 "claims" in the MDL, all of whom have an
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Aguirre, Fernando
Alsama, Ltd.
Anacar LDC
Arvelo, José E.
B C Systems, Inc.
Baird, Bruce
Bandy, Kevin
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Bronson, Ardith
Brundicorpi S.A.
Carrillo, Arturo J.
CB Containers, Inc.
Childs, Robert
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Chiquita Nordic Oy
Chiquita Norway As
Chiquita Sweden AB
Chiquita UK Limited
ChiquitaStore.com L.L.C.
CILPAC Establishment
Cioffi, Michael
Collingsworth, Terrence P.
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Dante, Frank
Davies, Patrick
DeLeon, John
DLA Piper
Duraiswamy, Shankar
Dyer, Karen C.
FMR LLC
vii
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Friedheim, Cyrus
Garland, James
Girardi, Thomas V.
Gould, Kimberly
Green, James K.
Guralnick, Ronald S.
Hall, John
Jones, Stanton
Keiser, Charles
King, William B.
Kistinger, Robert
Lack, Walter J.
Markman, Ligia
Martin, David
McCawley, Sigrid S.
Mosier, Mark
Mozabanana, Lda.
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Olson, Robert
Ordman, John
Philips, Layn
Priedheim, Alissa
Rapp, Cristopher
Reiter, Jonathan C.
Scarola, Jack
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Silbert, Earl
Skinner, William
Sperling, Jonathan
Spiers N.V.
Sprague, Ashley M.
Stewart, Thomas
Stubbs, Sidney
TransFRESH Corporation
Tsacalis, William
Wichmann, William J.
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Wiesner, Eduardo A.
Wilkins, Robert
Wolf, Paul
Wolosky, Lee S.
Zack, Stephen N
Zuleta, Alberto
Certification
January 1, 2019
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Counsel for Does 378 and Doe 840 filed two pages from the transcript of the
appeal. The two page "leak" shows that he refused to testify until he was offered
$3-5 million dollars, depending on the outcome of the case, after which he did
testify. Although the bribe wasn't completed, the evidence was ruined. Mr.
Hasbún is a central figure in this case, regardless of what he does or doesn't know
The District Court denied two motions to file this document under seal.
Although the Eleventh Circuit Guide to Electronic Filing § 9.2 states that
“[d]ocuments filed under seal in the court from which an appeal is taken will
continue to be filed under seal on appeal to this Court,” the rule shouldn't apply
where the District Court has denied two motions to file under seal. The denial is
reviewed for abuse of discretion, which would be hard to show, since the materials
On August 15, 2019, counsel for the non-Wolf Appellants filed two motions
limine filed the same day. DE 2529, 2533. When the District Court granted
Chiquita's Motion for Summary Judgment for the bellwether cases on September 5,
2019, both of these motions were denied as moot. DE 2551 This is easily verified
from the text of the docket entry for the Order "… denying as moot 2529 Motion to
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seal; denying as moot 2532 Motion for Protective Order; denying as moot 2533
attached hereto.
The non-Wolf Appellants had argued that good cause existed because the
documents contained the names and identifying information for some of the
bellwether plaintiffs. See DE 2529 Chiquita opposed, citing the separate, pending
appeal in this Court over the confidentiality of the plaintiffs' names. DE 2543
However, the motions were insufficient in the first place, because the non-Wolf
Appellants never filed redacted copies of the documents in the record, nor did they
specify when the materials should be unsealed. Local Rule 5.4(a) of the District
Court for the Southern District of Florida states that "[u]nless otherwise provided
by law, Court rule, or Court order, proceedings in the United States District Court
are public and Court filings are matters of public record." Local Rule 5.4(b) states
that a party seeking to file information or documents under seal in a civil case
"shall file a motion to file under seal that sets forth the factual and legal basis for
departing from the policy that Court filings are public and that describes the
much particularity as possible, but without attaching or revealing the content of the
proposed sealed material. The proposed sealed material shall not be filed unless
the Court grants the motion to file under seal. The motion to file under seal shall
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specify the proposed duration of the requested sealing. The motion to file under
seal and the docket text shall be publicly available on the docket. If, prior to the
issuance of a ruling on the motion to file under seal, the moving party elects or is
attaches or reveals the content of the proposed sealed material, then the moving
party must redact from the public filing all content that is the subject of the
motion to file under seal." Id. (emphasis added) The non-Wolf Appellants didn't
file unredacted copies in the record, didn't specify the duration of the proposed
sealing, and their two motions to file under seal were denied by the District Court.
The non-Wolf Appellants have also filed a 7,000+ page sealed Appendix in
this appeal without filing an unredacted copy in the public record. Undersigned
counsel has no way to determine what's in it. If it contains materials that weren't
sealed by the District Court, then Eleventh Circuit Guide to Electronic Filing § 9.2
Although the public has a well-established right of access to see what's filed
in federal court, the rights of Does 1-976, and thousands of other plaintiffs, are
more directly affected. Chiquita benefits from the non-Wolf Appellants' strategy,
and from the fact that undersigned counsel can't see what's going on. Does 378
and 840 aren't making an abstract argument about freedom of the press. They're
alerting the Court that it's been proven that nearly every paramilitary witness called
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by the non-Wolf Appellants, in this and the related litigation in Drummond and
Dole, was paid or promised thousands of dollars for favorable testimony. The non-
Wolf Appellants' 7,000+ page sealed Appendix speaks for itself. By pointing out
one of the (probable) needles in this haystack, undersigned counsel has helped the
Conclusion
The District Court didn't abuse its discretion by denying two motions to file
this transcript under seal. The non-Wolf Appellants filed a 7,000+ page sealed
Appendix in this appeal without filing an redacted copy in the record, and despite
the District Court's Order. For the foregoing reasons, the Court should not be
concerned about the two pages of testimony that was revealed. This Court would
have to reverse the District Court to seal it. Instead, it should order the non-Wolf
Appellants to re-file their Appendix, redacting only the plaintiffs' names and
by fraud.
Respectfully submitted,
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Certificate of Service
I hereby certify, that on this 26th of June, 2020, I filed the foregoing
response and exhibit with the Clerk of the Court using the Court's Electronic Case
Filing (ECF) system, which will send notices to all counsel receiving electronic
notices in this case.
Certificate of Compliance