Corporate Governance

In re Chiquita Brands: Judge Marra Establishes Schedule for Discovery on Issues Raised by Motion to Dismiss

By Sean Harrell

Plaintiffs and the Special Litigation Committee ('SLC') of Chiquita Brands International, Inc. filed a joint motion on March 11, 2009 requesting an order setting discovery relating to the SLC's motion to dismiss and a briefing schedule.  Judge Marra granted the joint motion the same day that it was filed.

The order establishes the following schedule:

1. Plaintiffs and the SLC shall serve discovery requests on or before March 31, 2009.
2. Any responses or objections to, and/or productions of such discovery, shall be served on or before April 30, 2009.
3. Any motions to compel discovery shall be filed and served no later than May 31, 2009 and shall be briefed and heard in accordance with the Local Rules of this Court.
4. Plaintiffs shall file and serve their opposition to the SLC's motion to dismiss no later than 45 days after receiving discovery pursuant to paragraph b above, or, in the event there are any motions to compel discovery filed pursuant to paragraph c above, either: (a) 45 days after the Court denies the motion(s) to compel; or (b) 45 days after receiving discovery the Court compels.
5. The SLC shall file and serve any reply to its motion to dismiss within 45 days after Plaintiffs' opposition is filed and served.
6. The Court shall set a hearing on the motion to dismiss at its convenience.

The primary materials for this post are available on the DU Corporate Governance Website.

Full post as published by The Race to the Bottom on April 17, 2009 (boomark / email).