UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF FLORIDA 

CASE NO.: 1: 20-CV-23287-DPG 

LUIS MANUEL RODRIGUEZ, et al., 

 Plaintiffs, 

 v. 

IMPERIAL BRANDS PLC, et al., 

 Defendants. 

DECLARATION OF SUSAN BAILEY 

IN SUPPORT OF DEFENDANT CORPORACION HABANOS, S.A.’S 

MOTION TO DISMISS WITH PREJUDICE 

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UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF FLORIDA 

Case No.: 1:20-cv-23287-DPG 

LUIS MANUEL RODRIGUEZ, et al., 

 Plaintiffs, 

 v. 

IMPERIAL BRANDS PLC, et al., 

 Defendants. 

DECLARATION OF SUSAN BAILEY 

SUSAN BAILEY declares under penalty of perjury under the laws of the United States of 

America that the following is true and correct: 

1. I have worked as non-attorney staff at the law firm of Rabinowitz, Boudin, 

Standard, Krinsky & Lieberman, P.C. (“RBSKL”) since 2010. 

Twitter, YouTube, Instagram 

2. On April 14, 2021, I went to the Twitter account of Corporación Habanos, S.A., 

located at https://twitter.com/habanos_oficial, which is cited in Plaintiffs’ Amended Complaint at 

page 6 (the “Habanos, S.A. Twitter Account”). Attached hereto as Exhibit A is a true and 

correct copy of the screen shot I took of Habanos, S.A.’s Twitter Account as it appeared on my 

screen. Twitter states there that Habanos, S.A. “joined” in January 2015. 

3. On April 8, 2021, I went to the YouTube account of Corporación Habanos, S.A., 

located at https://www.youtube.com/channel/UCstGLy96wdZG7eCM4855_DA, which is cited 

in Plaintiffs’ Amended Complaint at page 6 (the “Habanos, S.A. YouTube Account”). Attached 

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hereto as Exhibit B is a true and correct copy of the screen shot I took of the “About” section of 

the Habanos, S.A. YouTube Account as it appeared on my screen. YouTube states there that 

Habanos, S.A. “joined” on January 9, 2015. 

4. On April 13, 2021, I went to the Instagram account of Corporación Habanos, 

S.A., which is cited in Plaintiffs’ Amended Complaint at page 6 (the “Habanos, S.A. Instagram 

Account”). The same Habanos, S.A. Instagram Account is accessible through Instagram’s 

mobile telephone app and the website https://www.instagram.com/habanos_oficial. Attached 

hereto as Exhibit C is a true and correct copy of the screen shot I took of the “About This 

Account” section of the Habanos, S.A. Instagram Account that I viewed on Instagram’s mobile 

telephone app. Instagram states there that Habanos, S.A. “[j]oined” Instagram on February 18, 

2016. 

5. I searched the Habanos, S.A. Twitter Account, Habanos, S.A. YouTube Account 

and Habanos, S.A. Instagram Account for a way to purchase cigars through the accounts, and 

found none. 

Plaintiffs’ Exhibit 2 – First Photograph 

6. On April 19, 2021, I went to the webpage titled “H. Upmann Cigar Factory” on 

the website www.lahabana.com and located at https://www.lahabana.com/guide/h-upmann-cigarfactory/ (“Lahabana.com Photograph”) I then clicked on the photograph shown on this webpage 

and downloaded and printed to PDF what appeared on my screen, a true and correct copy of 

which is attached hereto as Exhibit D. This webpage states “23 streeet [sic] in Vedado, buildings 

and cars in the street © Cuba Absolutely, 2014.” 

This Lahabana.com Photograph that was copyrighted in 2014 is identical to the first 

photograph in Exhibit 2 to Plaintiffs’ Amended Complaint (except that all of the margins of 

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Exhibit 2 are slightly cut off compared to the Lahabana.com Photograph). 

The Lahabana.com Photograph is: 

The first photograph from Exhibit 2 to Plaintiffs’ Amended Complaint is: 

 

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Plaintiffs’ Exhibit 3 – First Photograph 

7. On April 14, 2021, RBSKL received from Karel Perez Alejo the original 

computer photograph file of a photograph that is virtually identical to the first photograph in 

Exhibit 3 to Plaintiffs’ Amended Complaint, as shown by the same pedestrians and their 

positions being the same on both photographs and the shading on the tree in the lower left-hand 

corner being the same on both photographs. The only difference is the slight change in the angle 

from which the two photographs were taken. While showing the same pedestrians in the same 

positions, the photograph sent by Karel Perez Alejo shows more of the background behind the 

cigar factory than in the first photograph of Exhibit 3; and the color saturation is different. 

In his declaration, Mr. Perez Alejo provides the embedded data in the original photograph 

file showing that it was taken on or before January 12, 2005. 

The photograph received from Karel Perez Alejo is as follows: 

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The first photograph in Exhibit 3 to Plaintiffs’ Amended Complaint is as follows: 

Plaintiffs’ Exhibit 3 – Second Photograph 

8. On April 8, 2021, I downloaded and printed to PDF an article dated December 15, 

2013 from the website of the cigar publication Cigar Journal titled “Birthplace of the 

Montecristo” and located at https://www.cigarjournal.com/empresa-jose-marti-birthplace-of-themontecristo/, a true and correct copy of which I attach as Exhibit E. 

This article includes a photograph which is identical to the second photograph of Exhibit 

3 to Plaintiffs’ Amended Complaint (except for the color saturation). 

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The photograph in the December 15, 2013 Cigar Journal article is: 

The second photograph in Exhibit 3 to Plaintiffs’ Amended Complaint is: 

The composition of the photograph, including the unique shape of the clouds, in these 

two photographs is the same. 

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EXHIBIT A 

 

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EXHIBIT B 

 

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EXHIBIT C 

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EXHIBIT D 

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EXHIBIT E 

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EXHIBIT F 

 

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EXHIBIT G 

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