Carrizosa v. Chiquita Brands International, Inc., No. 17-11993 (11th Cir. 2020)Annotate this Case
In this multidistrict litigation (MDL), plaintiffs contend that a Colombian paramilitary group killed their family members, and that Chiquita paid the paramilitary group over $1.7 million to quell labor unrest and drive other guerilla groups out of the banana-growing regions of Colombia. All plaintiffs obtained a protective order prohibiting the disclosure of "private facts" that could reveal their identities or personal information.
The Eleventh Circuit affirmed the district court's decision to revoke the privacy protections, holding that the district court acted within its discretion when it held that plaintiffs failed to meet their necessary burdens. In this case, the district court had ample comparator evidence to support its ruling; the evidence does not compel the finding that litigants pursuing tort claims against a paramilitary-affiliated entity in the United States face similar risks of harm; and the court rejected the idea that the district court's pseudonym ruling conflicts with its forum non conveniens ruling. Furthermore, the district court engaged in balancing sufficient to satisfy Federal Rule of Civil Procedure 26(c), where it weighed plaintiffs' safety interests against Chiquita's interests in administrative feasibility.
This opinion or order relates to an opinion or order originally issued on October 4, 2017.