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.

CORPORACIÓN HABANOS, S.A.,

WPP PLC, YOUNG & RUBICAM LLC,

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

Defendants.

________________________________/

DECLARATION REGARDING SERVICE OF PROCESS

STATE OF NEW YORK :

: SS.

COUNTY OF NEW YORK :

James L. Berenthal, Esq. an attorney duly admitted to practice law before the courts for the United 

States District Court, Southern District of Florida, hereby declares the following under penalty of 

perjury:

1. I am one of the attorneys of record for the Plaintiffs in the above styled case. I am familiar 

with the proceedings in this case and I make this statement based on my personal 

knowledge of the facts set forth herein and my review of the documents attached as 

Exhibits “A,” “B,” and “C.”

2. One of the Defendants in this case is Corporación Habanos, S.A., which is an “agency or 

instrumentality of a foreign state,” specifically the Cuban government, as defined in 28 

U.S.C. § 1603(b). In accordance with 28 U.S.C. § 1608(b)(3)(B), service on Defendant 

Corporación Habanos, S.A. can be achieved by “delivery of a copy of the summons and 

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complaint, together with a translation of each into the official language of the foreign state

. . . (B) by any form of mail requiring a signed receipt, to be addressed and dispatched by 

the clerk of the court to the agency or instrumentality to be served . . . .”

3. On January 26, 2021, in the manner described below, I caused to be served on Defendant 

Corporación Habanos, S.A. a copy of each of the following documents:

a. The Amended Summons;

b. The Complaint, with all accompanying exhibits;

c. A certified Spanish translation of the Amended Summons; and

d. A certified Spanish translation of the Complaint with all accompanying exhibits.

4. Copies of the above-listed documents (the “Service Documents”), are attached hereto as 

Exhibit “A.”

5. On January 8, 2021, at my direction, a DHL Express Worldwide waybill was created for 

the purpose of mailing the Service Documents to Defendant Corporación Habanos, S.A. at 

the following address (the “Service Address”):

CORPORACIÓN HABANOS, S.A.

Centro de Negocios Miramar

Edificio Habana, 3ra Planta

Avenida 3ra. entre 78 y 80, C.P.: 11300

10400 HAVANA CITY

Cuba

6. DHL assigned waybill number 1516900184 to this mailing and the mailing required a 

signed receipt upon delivery. 

7. On January 11, 2021, my office transmitted the Service Documents to the Clerk of the 

United States District Court for the Southern District of Florida (the “Clerk”). The Clerk 

then mailed the Service Documents to Defendant Corporación Habanos, S.A. via DHL 

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waybill number 1516900184. See Clerk’s Notice of International Services (D.E. 63), 

attached hereto as Exhibit “B.”

8. I received notice on January 26, 2021 from DHL indicating that the Service Documents 

were served upon Defendant Corporación Habanos, S.A. at the Service Address and were

signed for by Reinaldo Leyva. A copy of the tracking information and signed delivery 

receipt for waybill 1516900184 is attached as Exhibit “C.”

9. I declare under penalty of perjury that the foregoing is true and correct. 

Executed on February 10, 2021.

___________________________________

James L. Berenthal, Esq.

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