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UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF FLORIDA 

CASE NO.: 20-cv-23287-DPG 

LUIS MANUEL RODRIGUEZ, 

MARIA TERESA RODRIGUEZ, a/k/a 

MARIA TERESA LANDA, 

ALFREDO RAMON FORNS, 

RAMON ALBERTO RODRIGUEZ, 

RAUL LORENZO RODRIGUEZ, 

CHRISTINA CONROY, and 

FRANCISCO RAMON RODRIGUEZ, 

Plaintiffs, 

v. 

IMPERIAL BRANDS PLC, 

CORPORACIÓN HABANOS, S.A., 

WPP PLC, YOUNG & RUBICAM LLC, 

and BCW LLC, a/k/a BURSON COHN & 

WOLFE LLC, 

Defendants. 

DEFENDANTS’ MOTION FOR LEAVE TO FILE SURREPLY 

Defendants Young & Rubicam LLC (“Y&R”) and BCW LLC (“BCW”) hereby file this 

Motion for Leave to File a Surreply in Opposition to Plaintiffs’ Motion for Leave to Conduct 

Jurisdictional Discovery and to Stay the Briefing Schedule on Defendants’ Personal Jurisdiction 

Motion. In support of this motion, Y&R and BCW state as follows: 

1. Plaintiffs’ Reply memorandum [ECF No. 108] contains new legal 

arguments and allegations not included in either their amended complaint [ECF No. 82] or in their 

motion for jurisdictional discovery [ECF No. 97]. The Reply alleges two new legal theories—an 

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alter ego theory of liability and an internet domain theory—in an attempt to establish personal 

jurisdiction over the defendants. Reply 5, 7, 9. The Reply also makes an incorrect claim regarding 

certain websites cited in the motion. Id. at 7. 

2. The Reply violates Local Rule 7.1(c)(1), which provides in part that a “reply 

memorandum shall be strictly limited to rebuttal of matters raised in the memorandum in 

opposition without reargument of matters covered in the movant’s initial memorandum of law.” 

3. Pursuant to Local Rule 7.1(c)(1), Y&R and BCW seek the Court’s leave to 

file a surreply in order to respond to the new material raised in the Reply. 

4. Accordingly, Y&R and BCW seek leave to file a surreply not exceeding ten 

(10) pages through and including July 22, 2021. 

5. This motion is being made in good faith and not for purposes of delay. 

Further, no party will be prejudiced by granting the relief requested herein. 

WHEREFORE, Defendants Y&R and BCW respectfully request leave of Court to file 

a surreply not exceeding ten (10) pages through and including July 22, 2021. 

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CERTIFICATE OF COMPLIANCE WITH LOCAL RULE 7.1(a)(3) 

In accordance with Local Rule 7.1(a)(3), Y&R and BCW requested a meet and confer with 

Plaintiffs by email on July 20, 2021. Y&R and BCW then conferred with Plaintiffs’ counsel about 

their request to file a surreply by telephonic conference on July 20, 2021. Plaintiffs’ counsel does 

not agree to the requested relief. 

Date: July 22, 2021 s/Naim S. Surgeon 

NAIM S. SURGEON

Florida Bar No. 101682 

E-Mail: naim.surgeon@akerman.com 

PEDRO FREYRE

Florida Bar No. 192140 

E-Mail: pedro.freyre@akerman.com 

AKERMAN LLP 

Three Brickell City Centre 

98 Southeast Seventh Street, Suite 1100 

Miami, Florida 33131 

Tel: (305) 982-5507 

Fax: (305) 374-5095 

CHRISTOPHER DAVIES (pro hac vice) 

E-Mail: christopher.davies@wilmerhale.com 

JESSICA LUTKENHAUS (pro hac vice) 

E-Mail: jessica.lutkenhaus@wilmerhale.com 

ASHLEY MCLAUGHLIN LEEN (pro hac vice) 

E-Mail: ashley.leen@wilmerhale.com 

WILMER CUTLER PICKERING HALE 

AND DORR LLP 

1875 Pennsylvania Ave NW 

Washington, DC 20006 

Tel: (202) 663-6000 

Fax: (202) 663-6363 

Attorneys for Defendants WPP PLC, YOUNG & 

RUBICAM LLC, and BCW LLC 

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CERTIFICATE OF SERVICE 

I HEREBY CERTIFY that on July 22, 2021, I electronically filed the foregoing Motion 

For Leave to File a Surreply By Defendants Young & Rubicam LLC and BCW LLC with the 

Clerk of the Court using CM/ECF. I also certify that the foregoing document is being served this 

day on all counsel of record in this case via transmission of Notice of Electronic Filing generated 

by CM/ECF. 

Date: July 22, 2021 s/Naim S. Surgeon 

NAIM S. SURGEON

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