Case 0:08-md-01916-KAM Document 2552 Entered on FLSD Docket 09/06/2019 Page 1 of 3

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

Case No. 08-01916-MD-MARRA

IN RE: CHIQUITA BRANDS

INTERNATIONAL INC. ALIEN TORT
STATUTE AND SHAREHOLDERS
DERIVATIVE LITIGATION
___________________________________/

This Document Relates To:

ATS ACTIONS

07-60821-CIV-MARRA (Carrizosa)
08-80421-CIV-MARRA (N.J. Action) (Does 1-11)
08-80465-CIV-MARRA (D.C. Action) (Does 1-144)
08-80508-CIV-MARRA (Valencia)
08-80408-CIV-MARRA (N.Y. Action) (Manjarres)
10-60573-CIV-MARRA (Montes)
10-80652-CIV-MARRA (D.C. Action) (Does 1-976)
11-80404-CIV-MARRA (D.C. Action) (Does 1-677)
17-81285-CIV-MARRA (D.C. Action (Does v. Hills)
18-80248-CIV-MARRA (Ohio Action) (John Doe 1)
___________________________________________/

PARTIAL FINAL JUDGMENT PURSUANT TO RULE 54(b) IN FAVOR OF ALL

DEFENDANTS ON CLAIMS OF DESIGNATED BELLWETHER PLAINTIFFS

THIS CAUSE previously came before the Court on the Defendants’ Joint Motion for

Summary Judgment on the Colombian Law Claims of the Bellwether Plaintiffs and the Individual

Defendants’ Joint Motion for Summary Judgment on the TVPA Claims of the Bellwether

Plaintiffs. By Order entered September 5, 2019, the Court granted both motions [DE 2551].

In accordance with Rule 54(b) and Rule 58, Federal Rules of Civil Procedure, it is now

ORDERED AND ADJUDGED:

1. Partial Final Judgment is entered in favor of the Defendant CHIQUITA BRANDS

INTERNATIONAL, INC. and in favor of the INDIVIDUAL DEFENDANTS KEITH

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LINDNER; CYRUS FREIDHEIM; CHARLES KEISER; ROBERT KISTINGER;

ROBERT OLSON; WILLIAM TSCALIS, AND THE ESTATE OF RODERICK M. HILLS,

SR., BY AND THROUGH CARLA HILLS, AS PERSONAL REPRESENTATIVE OF THE

ESTATE on the Plaintiffs’ Colombian law claims against all Defendants, and the TVPA claims

against the Individual Defendants as to the claims of the following designated Bellwether Plaintiffs

ONLY:

1. Ana Ofelia Torres Torres (10-60573-CIV-MARRA (Montes)

2. Gloria Eugenia Munoz (10-60573-CIV-MARRA (Montes)
3. Nancy Mora Lemus (08-80480-CIV-MARRA) (Manjarres) (New York Action)
4. Pastora Durango (10-60573-CIV-MARRA) (Montes)
5. Jane Doe 7 (08-80421-CIV-MARRA) (Does 1 -11) (N.J. Plaintiffs)
6. Juana Doe 11 and Minor Doe 11A (07-60821-CIV- MARRA) (Carrizosa)
7. Juvenal Enrique Fontalvo Camargo (08-80480-CIV-MARRA) (Manjarres) (New
York Action)
8. Juana Perez 43A (08-80465-CIV-MARRA) (Does 1-144) (D.C. Action)
9. Seven surviving children of Jose Lopez 339 (08-80508-CIV-MARRA)
(Valencia)
10. John Doe 7 (08-80421-CIV-MARRA) (Does 1-11) (N.J. Plaintiffs)
11. Doe 840 (10-80652-CIV-MARRA)
12. Doe 378 (10-80652-CIV-MARRA)

2. The designated Bellwether Plaintiffs shall take nothing in this action upon the above-

referenced claims, which were resolved on their merits by entry of summary judgment

in favor of all Defendants and against the Plaintiffs, and the Defendant Chiquita and

the Individual Defendants shall go hence without day as to these claims only.

3. This is a multidistrict case with thousands of claimants. The claims resolved by this

judgment were selected as bellwether cases and are final as to these Plaintiffs. The

issues adjudicated by this judgment are likely to be present in many, if not most, of the

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remaining claims. Consistent with the underlying purposed of multidistrict litigation,

appellate review of this judgment will assist in guiding this Court and the parties in

how to proceed with the remaining claims. Thus, having considered the interests of

efficient judicial administration, and the equities involved in this particular case, and

finding no just reason to delay the appeal of this partial final judgment, the Court sua

sponte certifies this matter for appeal pursuant to Rule 54(b). See generally Lloyd

Noland Found. Inc. v. Tenet Health Care Corp., 483 F. 3d 773, 777 (11th Cir. 2007).

4. This case remains pending against Defendants as to all of the claims brought by

Plaintiffs which were not adjudicated by this judgment.

DONE AND ORDERED in Chambers at West Palm beach, Florida this 6th day of

September, 2019.

KENNETH A. MARRA
United States District Judge

cc. all counsel