UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK. Ricardo Sibrian, individually and on behalf of all others similarly situated, Case No. 2:19-cv-00974-JS-GRB Plaintiff, ve. DECLARATION OF DANIEL 8. TYLER IN SUPPORT OF Cento Fine Foods, Ine., DEFENDANT’S MOTION FOR SANCTIONS UNDER, Defendant. FED. R. CIV. P. 11 1, Daniel S. Tyler, of sound and competent mind and being over the age of eighteen, hereby declare the following based upon my personal knowledge: 1. Myname is Daniel $. Tyler, and I am a licensed attomey in good standing in the State of Illinois and the Commonwealth of Massachuseyys. Iam an attomey at the law firm of Amin Talati Upadhye, LLP, located at 100 S. Wacker Drive, Suite 2000, Chicago, Ilinois 60606. Jam an attorney of record for the Defendant, Cento Fine Foods, Ine, (“Cento” or “Defendant”) in this civil action, and I make and submit this declaration in connection with Defendant’s Motion for Sanctions under Fed. R. Civ. P. 11. 2. Thave first-hand knowledge of the facts set forth herein, or have leamed these facts first hand, and if called and sworn as a witness, I could and would testify competently and from personal knowledge as to these facts, 3 As part of my investigation into the Plaintiff's allegations in the above-captioned matter, on April 15, 2019 I personally visited the URL link contained n.3 of Plaintiff's Complaint: hitps://www nytimes com/interactive/20115/08/1 6/opinion/sunday/food-chains-mystery-of-san-marzano.html. This URL link leads to a New York Times interactive animation by Nicholas Blechman entitled The Mystery of San Marzano (hereinafter referred to as the “New York Times Animation”) 4, The New York Times Animation consists of fourteen (14) total animation slides. No references or somees are identified in the animation, 5. I personally read and reviewed each and every slide in the New York Times Animation, 6. Tho New York Times Animation begins with slides that attempt to provide background information on the uses and composition of San Marzano tomatoes. 7. The sixth slide of the New York Times Animation depicts an animated figure (presumably the author) holding an unknown brand of Sen Marzano tomatoes, and contains the following description: [last week in Brooklyn, craving a tomato sauce, I picked up a can of San Marzano ‘tomatoes, only to read in small print that they were grown in the United States. The label was partly in Italian — “San Marzano,” “Pomodoro Pelati” — but the product ‘was American, How is this possible? 8. An image of this sixth slide is attached as Exhibit A to this Declaration (reduced in size from the original). 9. Neither the statements in this sixth slide nor the slide itself were included in Plaintiff's Complaint. 10. The entire New York ‘Times Animation makes no mention or reference to the challenged product in this case, Defendant's Cento San Marzano Tomatoes. (signature on following page)I declare under penalty of perjury that the foregoing is true and correct. Executed in Chicago, Illinois on May 23, 2019.