Marquinez et al v. Dole Food Company Inc. et al

Filing 383

MEMORANDUM ORDER: Any party is to SHOWS CAUSE why I should not appoint an expert (see Fed. R. Evid. 706(a)) by August 13, 2021. Assuming that there are no efforts to show cause, the parties are directed to meet and confer in order to nominate one or more individuals who could serve as experts in Ecuadorian law. The parties are directed to submit any such nominations by August 20, 2021 (see Memorandum Order for further details). Signed by Judge Richard G. Andrews on 8/5/2021. (nms)

Case 1:12-cv-00695-RGA-SRF Document 383 Filed 08/05/21 Page 1 of 2 PageID #: 14830

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
LUIS ANTONIO AGUILAR MARQUINEZ,
et al.,
Plaintiffs,
Civil Action No. 12-695-RGA (consolidated)

v.
DOLE FOOD COMPANY, INC., et al.,
Defendants.

TOBIAS BERMUDEZ CHAVEZ, et al.,
Plaintiffs,
Civil Action No. 12-697-RGA

v.
DOLE FOOD COMPANY, INC., et al.,
Defendants.

MEMORANDUM ORDER
In briefing their cross-motions for summary judgment (No. 12-695, D.I. 333, 339, 354),
the parties submitted conflicting expert declarations on the contents of Ecuadorian law. (D.I.
341, D.I. 356-1, Ex. B, D.I. 360-2, Ex. 2). In broad terms, the experts disagree as to whether a
Protection Action under Ecuadorian constitutional law is an appropriate mechanism for
Plaintiffs’ claims. Without a clear answer to this question (and I do not think it is clear that one
expert is more persuasive than the other), it is hard for me to determine foreign law, as I must do.
Fed. R. Civ. P. 44.1. And, without that determination, I cannot resolve the parties’ arguments

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Case 1:12-cv-00695-RGA-SRF Document 383 Filed 08/05/21 Page 2 of 2 PageID #: 14831

under the Delaware Borrowing Statute. Accordingly, I think I should appoint an expert in
Ecuadorian law to advise the Court on the applicability of a Protection Action.
Thus, unless any party SHOWS CAUSE why I should not appoint such an expert, see
Fed. R. Evid. 706(a), I will do so. If any party thinks it can show cause, it shall do so by August
13, 2021.
Assuming that there are no efforts to show cause, the parties are directed to meet and
confer in order to nominate one or more individuals who could serve as experts in Ecuadorian
law. In addition to the necessary expertise in Ecuadorian law, the individuals should ideally be:
(1) capable of comparing Ecuadorian law to United States law; (2) fluent in both English and
Spanish; and (3) resident in the United States. The Court will consider any such individuals the
parties are able to suggest, while reserving the right to appoint someone else.
The parties are directed to submit any such nominations by August 20, 2021.
IT IS SO ORDERED this 5th day of August 2021.
/s/ Richard G. Andrews
United States District Judge

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