boies schiller & flexner order to refile complaint without does 1-98

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  UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 08-MD-1916-KAM IN RE: CHIQUITA BRANDS INTERNATIONAL, INC. ALIEN TORT STATUE AND SHAREHOLDER DERIVATIVE LITIGATION This Document Relates To:  ________ ______/ Case No. 13-80146-CIV-MARRA DOES 1-98, Araba, Columbia and PAUL WOLF, Plaintiffs, v. BOIES SHILLER & FLEXNER, LLP and DOE DEFENDANTS 1-8, Defendants.  ________ __/ Case No. 10-60573-CIV-MARRA ANGELA MARIA HENAO MONTES et al., Plaintiffs, v. CHIQUITA BRANDS INTERNATIONAL, INC., et al., Defendants.  ________ ___/ ORDER CANCELLING EVIDENTIARY HEARING  THIS CAUSE is before the court  sua sponte. In light of the joint st atus report on dual represen tation is sues submitted July 10, 2015 [DE 56], reflecting the parties  agreement that Attorney Paul Wolf will represent all of the Doe 1-98 plaintiffs, and the law firm of Boies Schiller will withdraw its previously asserted representation of any members of that plaintiff pool in this MDL Case 0:08-md-01916-KAM Document 846 Entered on FLSD Docket 07/14/2015 Page 1 of 2

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The Court determines that Wolf (myself) represents the individuals suing Boies Schiller & Flexner LLP for fraud, and orders Boies Schiller to refile its complaint without Wolf's clients.

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  • UNITED STATES DISTRICT COURT

    SOUTHERN DISTRICT OF FLORIDA

    CASE NO. 08-MD-1916-KAM

    IN RE: CHIQUITA BRANDS INTERNATIONAL, INC.

    ALIEN TORT STATUE AND SHAREHOLDER

    DERIVATIVE LITIGATION

    This Document Relates To:

    _____________________________________/

    Case No. 13-80146-CIV-MARRA

    DOES 1-98, Araba, Columbia and PAUL WOLF,

    Plaintiffs,

    v.

    BOIES SHILLER & FLEXNER, LLP and

    DOE DEFENDANTS 1-8,

    Defendants.

    _________________________________/

    Case No. 10-60573-CIV-MARRA

    ANGELA MARIA HENAO MONTES et al.,

    Plaintiffs,

    v.

    CHIQUITA BRANDS INTERNATIONAL, INC., et al.,

    Defendants.

    __________________________________/

    ORDER CANCELLING EVIDENTIARY HEARING

    THIS CAUSE is before the court sua sponte. In light of the joint status report on dual

    representation issues submitted July 10, 2015 [DE 56], reflecting the parties= agreement that Attorney

    Paul Wolf will represent all of the Doe 1-98 plaintiffs, and the law firm of Boies Schiller will

    withdraw its previously asserted representation of any members of that plaintiff pool in this MDL

    Case 0:08-md-01916-KAM Document 846 Entered on FLSD Docket 07/14/2015 Page 1 of 2

  • proceeding, it is ORDERED and ADJUDGED:

    1. The evidentiary hearing on the attorney representation conflict issue between Wolf and

    Boies Schiller in the matter of Montes v. Chiquita Brands International, Inc., Case No. 10-60573,

    previously set for hearing before the undersigned on July 23, 2015 at 9 A.M., at the United States

    Courthouse in West Palm Beach, Florida, is CANCELLED.

    2. The law firm of Boies Schiller is directed to file an amended complaint in the above-

    referenced action, Montes v. Chiquita Brands International, Inc., Case No. 10-60573-Civ-Marra,

    which removes each named plaintiff falling within the Doe 1-98 plaintiff pool from the list of named

    plaintiffs in that proceeding, within TEN (10) DAYS from the date of entry of this order.

    DONE and SIGNED in Chambers at West Palm Beach, Florida, this 13th

    day of July, 2015.

    KENNETH A. MARRA

    United States District Judge

    Copies furnished to:

    all counsel

    Case 0:08-md-01916-KAM Document 846 Entered on FLSD Docket 07/14/2015 Page 2 of 2