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THIS CAUSE is before the Court following submission of position statements from the parties
[DE 2556, 2558: Wolf Plaintiffs] [2562: Chiquita Defendants] [DE 2557: Non-Wolf Plaintiffs] as to how
this MDL proceeding should progress following entry of partial final summary judgment in favor of the
Defendants’ on the initial twelve (12) bellwether cases selected by the parties, a matter now the subject of
Having carefully considered the parties’ positions on advancing the progress of the remaining
individual claims in this MDL proceeding, the Court has determined to proceed with the scheduling of a
second phase of summary judgment briefing (as to the 18 remaining cases previously subjected to full
discovery) and with initiation of a second round of full discovery, summary judgment procedures, and if
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necessary, trial in a newly-selected set of fifty-six (56) full discovery cases to be drawn from the 350
“Disclosure Cases” identified pursuant to Section I of the Amended Global Scheduling Order [DE 2122].
1. With regard to the eighteen (18) remaining cases subjected to full discovery pursuant to
Section II of the Amended Global Scheduling Order, and which were not previously selected
[DE 2562 n. 1], all parties to this action are directed to confer to discuss and develop a summary
judgment briefing schedule controlling this remaining set of eighteen full discovery cases. A
joint statement setting forth a proposed summary judgment briefing schedule shall be filed with
the Court by no later than FRIDAY, AUGUST 14, 2020, with any areas of disagreement
Note: The Court expressly is not adopting Chiquita’s suggestion for a threshold round of
summary judgment briefing on the limited issue of AUC-involvement in the death of each
Plaintiffs’ family members. As with the first phase of summary judgment briefing, in the
interest of litigation economies, the parties shall proceed to identify all grounds advanced as a
basis summary judgment on any claim or defense, in whole or in part, in this second phase of
2. With regard to the 350 Cases which were randomly selected previously by the parties (with 50
individual cases selected from each of the seven groups of Plaintiffs’ counsel), and for which
Plaintiffs’ counsel made limited initial disclosures (the 350 “Disclosure Cases”) pursuant to
Section I of the Amended Global Scheduling Order [DE 2122], as to those cases not previously
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selected for full discovery procedures, the parties shall meet and confer to develop a proposed
discovery schedule and summary judgment briefing schedule governing the following items:
•Disclosure of information required by the Amended Global Scheduling Order [DE 2122 § I.6]
A joint statement setting forth a proposed scheduling order governing these matters shall be filed with the
Court by no later than FRIDAY, AUGUST 14, 2020, with any areas of disagreement highlighted for
resolution by the Court. Bellwether trials and other deadlines, as necessary, shall be set in these cases
DONE AND ORDERED in Chambers at West Palm Beach, Florida this 27th day of July
2020.
KENNETH A. MARRA
United States District Judge