Aldana v. Del Monte Fresh Produce N.A., Inc.

578 F.3d 1283, 2009 U.S. App. LEXIS 18291, 2009 WL 2460978
CourtCourt of Appeals for the Eleventh Circuit
DecidedAugust 13, 2009
Docket07-15471
StatusPublished
Cited by83 cases

This text of 578 F.3d 1283 (Aldana v. Del Monte Fresh Produce N.A., Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Aldana v. Del Monte Fresh Produce N.A., Inc., 578 F.3d 1283, 2009 U.S. App. LEXIS 18291, 2009 WL 2460978 (11th Cir. 2009).

Opinions

MARCUS, Circuit Judge:

At issue in this appeal is whether the district court abused its considerable discretion in dismissing the appellants’ suit on forum non conveniens grounds. The seven appellants (Angel Enrique Villeda Aldana, Jorge Agustín Palma Romero, Oscar Leonel Guerra Evans, Lyionhel Mclntosch Rodriguez, Marel Martinez, Gumerzindo Loyo Martinez, and Rigoberto Alvayero Hernandez) allege that they were tortured in retaliation for their leadership of a Guatemalan national labor union in violation of the Alien Tort Act (“ATA”) and the Torture Victim Protection Act of 1991 (“TVPA”). Having extensively analyzed the adequacy of a Guatemalan forum, and the various private and public interests involved in the case, the district court granted appellees’ (Fresh Del Monte Produce Inc., Compañía de Desarollo Bananero de Guatemala, S.A. (“Bandegua”), and Del Monte Fresh Produce Company) motion to dismiss. After thorough review, we discern no clear abuse of discretion, and, accordingly affirm.

I. Background

A. Factual Background

The underlying suit in this case arose out of a protracted labor dispute that took place in Guatemala in 1999. At that time, SITRABI, a Guatemalan national trade union of plantation workers, was negotiating a new collective bargaining agreement for workers at a large banana plantation owned by Bandegua, a wholly-owned subsidiary of Del Monte, located in the municipality of Morales, Izabal.

During the negotiations, Bandegua terminated 918 workers. In response, SI-TRABI filed a complaint in the Labor Court of Guatemala. Thereafter, Bandegua allegedly hired a private armed security force to intimidate the appellants, all of whom were SITRABI officials. Specifically, the complaint alleges that on the evening of October 13, 1999, the security force — consisting of over 200 heavily armed men — arrived at SITRABI’s headquarters in Morales. They held two of the appellants hostage, threatening to kill them, and shoving them with guns. As the evening wore on, other SITRABI leaders were lured or forced to come to the union’s headquarters, where they, too, were held hostage.

All seven appellants were then harangued by the leader of the security force, who claimed to be the president of the municipal chamber of commerce. He complained that their union activities had caused the economic difficulties that had developed in the area. The mayor of Morales and a mayoral candidate later arrived on the scene. A decision was made to take two of the appellants to a radio station. They claim they were forced at gunpoint to denounce the union, to declare that they were resigning, and to announce that the labor dispute was over.

The two appellants were then taken back to the headquarters, where they were presented with a resignation form allegedly faxed from Del Monte or Bandegua. After signing the forms at gunpoint, the appellants were released. In all, they had been detained for roughly eight hours. They were warned by the leader of the security force that they would be killed if they refused to leave Guatemala or relocate to Mexico. All of the appellants sub[1287]*1287sequently moved to the United States. As part of an agreement with the Guatemalan government, they were granted political asylum in the United States in exchange for agreeing to testify in Guatemala against them alleged attackers.

B. Relevant Procedural History

We address the lengthy procedural history of this case because it is essential to understanding our resolution of the appeal. The appellants filed their complaint in the United States District Court for the Southern District of Florida on August 2, 2001. The complaint asserted causes of action for torture under both the Torture Victim Protection Act (“TVPA”), 28 U.S.C. § 1350, and the Alien Tort Act (“ATA”) (or the Alien Tort Statute (“ATS”)), 28 U.S.C. § 1350.1 They also alleged causes of action arising under the ATA for arbitrary detention, crimes against humanity, and cruel, degrading, and inhumane treatment. In addition, the complaint advanced various claims under Florida’s tort laws.

In 2003, the appellees moved to dismiss the case on the grounds of forum non conveniens. The district court denied the motion.2 Villeda Aldana v. Fresh Del Monte Produce, Inc., No. 01-3399, slip op. (S.D. Fla. June 5, 2003). In a subsequent ruling, however, the court dismissed the complaint, holding that the conduct alleged did not amount to torture under the TVPA or ATA, and also because diversity jurisdiction was lacking. Villeda Aldana v. Fresh Del Monte Produce, Inc., 305 F.Supp.2d 1285, 1308 (S.D.Fla.2003). The trial court also declined to exercise supplemental jurisdiction over the state law claims pursuant to 28 U.S.C. § 1367. Id.

The appellants appealed the dismissal to this Court, while simultaneously bringing their state law claims in Florida’s circuit court in Dade County. Appellees, in turn, moved the state court to dismiss on forum non conveniens grounds. One central point of contention was whether, given the concern for the appellants’ safety, they would be required to attend the proceedings if the suit were litigated in Guatemala. After hearing expert testimony from each side, the state court accepted appellees’ claim that, under Guatemalan law, the appellants would not be required to return. However, as a precautionary measure, the court said that it would reconsider its dismissal order if the appellants were in fact required to return to Guatemala in connection with the trial. That decision was affirmed by an intermediate appellate court in Florida. Aldana v. Fresh Del Monte Produce Inc., 922 So.2d 212 (Fla.Dist.Ct.App.2006) (table).

In the meantime, a panel of this Court affirmed the district court’s dismissal of all of the appellants’ claims except the torture claims arising under the Alien Tort Act and the Torture Victim Protection Act. Aldana v. Del Monte Fresh Produce, N.A., Inc., 416 F.3d 1242, 1253 (11th Cir.2005) (per curiam), en banc reh’g denied, 452 F.3d 1284 (11th Cir.2006), cert. denied, 549 U.S. 1032, 127 S.Ct. 596, 166 L.Ed.2d 431 (2006). After the case was remanded to the district court, the appellees again moved to dismiss on forum non conveniens grounds. The matter was referred to a magistrate judge, who, after holding a hearing, issued a Report and Recommendation (“R&R”) recommending that the motion be denied.

After reviewing the R&R, however, the district court rejected the magistrate judge’s recommendations and granted ap[1288]*1288pellees’ motion to dismiss. Villeda Aldana v. Fresh Del Monte Produce, Inc., No. 01-3399-CIV, 2007 WL 3054986, at *1 (S.D.Fla. Oct. 16, 2007). In particular, the district court concluded that it was precluded under the doctrine of collateral estoppel, and by the Full Faith and Credit Act, 28 U.S.C. § 1783, from relitigating issues decided by the state court’s forum non conveniens decision.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
578 F.3d 1283, 2009 U.S. App. LEXIS 18291, 2009 WL 2460978, Counsel Stack Legal Research, https://law.counselstack.com/opinion/aldana-v-del-monte-fresh-produce-na-inc-ca11-2009.