Case 0:08-md-01916-KAM Document 1953 Entered on FLSD Docket 06/13/2018 Page 1 of 3

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

CASE NO. 08-MD-01916-MARRA

IN RE: CHIQUITA BRANDS INTERNATIONAL, INC.

ALIEN TORT STATUTE AND SHAREHOLDER
DERIVATIVE LITIGATION
/
This Document Relates to:

ATS ACTIONS:
/

MOTION FOR MODIFICATION OF THE

RESPONSIBILITIES OF LIAISON COUNSEL

The undersigned has served pursuant to Court Order as Liaison Counsel on behalf of

multiple law firms prosecuting MDL claims against the Defendant Chiquita commonly referenced

as the ATS ACTION. The responsibilities of the undersigned were previously limited to exclude

the responsibility for performing liaison functions on behalf of Plaintiffs’ Counsel Paul Wolf. This

motion seeks further modification of those responsibilities to exclude the responsibility for

performing liaison functions on behalf of Plaintiffs’ Counsel Terence Collingsworth and the

Conrad & Scherer law firm.

The New Jersey, New York, Montes, Valencia, and Carrizosa Plaintiffs’ groups have

concluded that the best interests of their clients will be served by terminating involvement with

the law firms of Terrence Collingsworth and Conrad & Scherer in order to limit the potential of

becoming embroiled in controversies concerning allegations of misconduct on their part. While

we have no personal knowledge of any basis to question the propriety of the past conduct of these

attorneys, the content of recent court orders exposes others in a coordinating relationship with

them to involvement in controversies that we feel we are obliged to avoid to the fullest extent

reasonably possible.
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Limiting the responsibilities of the undersigned as liaison counsel on behalf of Mr.

Collingsworth and Conrad & Scherer and enabling them to deal directly with Chiquita will serve

that end.

The undersigned will, of course, continue to copy Mr. Collingsworth and the Conrad &

Scherer law firm on court submissions and discovery-related matters as required by the Federal

Rules of Civil Procedure and on any court orders. As we do with defense counsel and Mr. Wolf,

we will seek their position on motions affecting their cases at the appropriate time.

We seek, however, to be relieved of any responsibility to coordinate with them on matters

of tactics or strategy and to be relieved of communicating with the Defendant on their behalf.

Wherefore, the undersigned requests entry of an order relieving him of the responsibility

of serving as liaison counsel for Terence Collingsworth and the Conrad & Scherer law firm.

Counsel for Chiquita has reviewed this motion in advance of filing and intends to oppose

the relief requested.

Dated: June 13, 2018.

Respectfully submitted,

/s/ John Scarola .

JOHN SCAROLA
Florida Bar No.: 169440
Attorney E-Mail(s): jsx@searcylaw.com and
mmccann@searcylaw.com
Primary E-Mail: _scarolateam@searcylaw.com
Searcy Denney Scarola Barnhart & Shipley, P.A.
2139 Palm Beach Lakes Boulevard
West Palm Beach, Florida 33409
Phone: (561) 686-6300
Fax: (561) 383-9451
Attorney for Plaintiff(s)

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Case 0:08-md-01916-KAM Document 1953 Entered on FLSD Docket 06/13/2018 Page 3 of 3

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that the foregoing document was filed with the Clerk of the Court

using CM/ECF on this 13th day of June 2018. I also certify that the foregoing document is being

served this day on all counsel of record registered to receive electronic Notices of Electronic Filing

generated by CM/ECF.

/s/ John Scarola .

John Scarola, Esq.