Professional Documents
Culture Documents
CIVIL DIVISION
Case N0.:
Division:
Plaintiffs,
/
vs.
COMPLAINT
COMES NOW, Plaintiffs, DAVID BLANCO and LOS BLANCOS CIGAR COMPANY,
INC. d/b/a BLANCO CIGAR COMPANY, and sues Defendant, TOM WERTHER, and in
PARTIES
Pinellas County, Florida, and is the President of the LOS BLANCOS CIGAR COMPANY, INC.
COMPANY (hereinafter the “COMPANY”) is a Florida Corporation which has its principle
***ELECTRONICALLY FILED 03/12/2019 11:50:30 AM: KEN BURKE, CLERK OF THE CIRCUIT COURT, PINELLAS COUNTY***
JURISDICTION, VENUE, AND CONDITIONS PRECEDENT
4. This Court has subject matter jurisdiction over the causes of action and claims for
damages herein as each clam is in excess 9f $15,000, exclusive of costs and attomey’s fees.
5. This Court has personal jurisdiction over the WERTHER pursuant to Fla. Stat.
both inside and outside of Florida, which Facebook posts were accessed in Florida, constituting
the commission of the tortious act of defamation within Florida pursuant to Fla. Stat.
48.193(1)(a)(2).
6. This Court also has personal jurisdiction over the WERTHER pursuant to Fla.
5
arising out of acts or omissions undertaken outside of the state while WERTHER
acts required by the contract to be performed in this state, pursuant to Fla. Stat.
48.193(1)(a)(7); and,
state and is therefore subject to the jurisdiction of‘the Courts of this state, pursuant to Fla.
Stat. 48.193(2).
7. Venue is proper in Pinellas County, Florida, pursuant to Fla. Stat. 47.01 1, because
the torts occurred in Pinellas County, Florida, and the harm to Plaintiffs was felt in Pinellas
County, Florida, in that Plaintiffs have their principle place of business located in, and regularly
8. All conditions precedent to this action ha’ve occurred, been performed, or have
been waived. Specifically, but without limitation, although not required to do so, Plaintiffs
provided WERTHER with pre-suit notice 0f the falsity and defamatory nature of WERTHER’S
9. In 2016 the parties reached an oral agreement, whereby the COMPANY would
import a Nicaraguan tobacco blends, which it would manufacture into cigars, add marketing to
the cigars, and package them for distribution to WERTHER and his company, Line of Duty
Cigars, LLC.
10. Pursuant to the oral agreement, after manufacture of the cigars the COMPANY
added the marketing bands of Line of Duty Cigars, LLC, as well as the statement “Exclusively
by Blanco Cigars” on the side of all of the marketing bands and all of the packaging.
11. On or about October 27, 2017, WERTHER breached the oral agreement and
(2000) of the cigars, a constituent portion of a May 9, 2017, shipment of cigars ordered by
12. Due to WERTHER’S breach of the oral agreement and wrongful rejection,
repudiation, and/or revocation of acceptance of the Repudiated Cigars, the COMPANY elected
the remedy of re-sale and thereafter conducted good faith and commercially reasonable re-sale of
13. At no time and in no manner during the re-sale of the Repudiated Cigars, or
thereafter, did BLANCO or the COMPANY state, represent, either by action or omission, to any
purchaser who bought the Repudiated Cigars at the re-sale that any portion of the proceeds of the
re-sale would be donated to families of the United States Military, police, or fire fighters.
14. Thereafter the parties terminated their relationship and neither BLANCO nor the
BLANCO and the COMPANY regarding the Repudiated Cigars on Facebook.com, a social
media website.
16. Specifically, but without limitation, WERTHER made at least four (4) defamatory
statements in posts on Facebook.com concerning BLANCO and the COMPANY, with each of
o “You are aware that there is a cigar company based in Clearwater Fla
all
selling unauthorized Line of Duty Cigars. Itook the high road and emailed
them simply asking them to stop and to respond to the email within 7
days. No response. Well today, I’m walking through a festival in St. Pete’s
[sic] Beach and a vendor is selling unauthorized Line of Duty cigar [sic].
He bought them directly from David Blanco at Blanco Cigars. Is Blanco
cigars so desperate as to sell unauthorized LOD cigars? The worst part,
worse than stealing my trademark and shitting all over the hard work I’ve
done, is that the retailer has been customers there’s donations
telling their
going to families of Police Officers, FF’s and Soldiers. David Blanco and
Blanco cigars are a disgrace to this industry as well as the families he is
misrepresenting.”
(hereinafter “Post One”)(attached hereto as Exhibit B).
o “Social media is a bitch!!! Live and die by it. Well, someone is going to
die by it.”
o “The guy I met earlier, spent $2500 on the fake LOD cigars. He said ‘so
I’ve been lying to my customers when I told them a portion of sales go to
PD/FD/Military charities?’ I said ‘No, David Blanco lied to you, it’s not
your fault’ and he took my card and will order REAL LOD cigars.
Pathetic.”
(hereinafter “Post Four”)(attached hereto as Exhibit E).
I7. WERTHER published the Posts to roughly tens of thousands of his “friends” and
“followers” on Facebook.com, each of whom are identifiable, and some of whom are in the same
and E), wherein WERTHER continued to make defamatory statements about BLANCO and the
COMPANY and to encourage his “friends” and “followers” to engage in a social media attack
comments on the COMPANY’S Facebook.com page, further defaming BLANCO and the
19. On or about February 4, 2019, BLANCO and the COMPANY, through counsel,
sent WERTHER a Notice to cease and desist, pursuant to Fla. Stat. 770.01, et. seq. (Exhibit A),
but by this time the responses t0 WERTHER’S Posts had reached more than one hundred fifty
individual comments, the majority of which demonized, vilified, or mocked BLANCO and the
COMPANY, and the COMPANY’S overall Facebook rating was reduced from 5.0 to 2.6 out of
five.
and the COMPANY by cementing on the COMPANY’S Google.com page, which cements
were based on WERTHER’s defamatory statements, reducing the Google.com rating from 5 to
2.8 out of 5 stars (see Google Comments attached hereto as Exhibit G).
21. The defamatory statements in the Posts and Threads by WERTHER were and are
false and were known by WERTHER to be false when he made them, and which defamatory
reputations (see Exhibit C - “Social media is a bitch! !! Live and die by it. Well, someone is going
to die by it.”.)
22. WERTHER made the false and defamatory statements with knowledge as to the
falsity of the statements against BLANCO and the COMPANY, or with reckless disregard as to
the falsity of the statements against BLANCO and the COMPANY, or without reasonable care
23. WERTHER published the false and defamatory statements against BLANCO and
the COMPANY without privilege to do so, and neither BLANCO or the COMPANY are public
analysis.
defamatory in that they have prejudiced the Plaintiff, and the Company, in the eyes of a
BLANCO and the COMPANY, several people have stated in the Post’s Thread’s that either they,
or their businesses, Will no longer be purchasing product from, 0r doing business With, BLANCO
or the COMPANY.
COUNT I
DEFAMATION — LIBEL
26. This is an action for libel, wherein Plaintiffs, DAVID BLANCO and LOS
BLANCOS CIGAR COMPANY, INC. d/b/a BLANCO CIGAR COMPANY, sue Defendant,
TOM WERTHER, and reallege and incorporate by reference herein paragraphs 1 through 25
above as though set forth fully herein.
27. WERTHER published false and defamatory statements, including those described
in greater detail above, either negligently or with actual malice, regarding BLANCO and the
COMPANY on Facebookcom.
28. The false and defamatory statements were published to and were accessible by
WERTHER, on Facebookcom.
29. The falsity of WERTHER’s defamatory statements has caused, and will continue
to cause, irreparable harm to BLANCO’S and the COMPANY’S reputation, course of business,
30. BLANCO and the COMPANY have employed Coats Schmidt, P.A. for
representation in this action, and has agreed to pay a reasonable attorney fee to Coats Schmidt,
P.A.
INC. d/b/a BLANCO CIGAR COMPANY respectfully request that this Court enter judgment in
their favor and against Defendant TOM WERTHER for all damages allowable under the law, for
costs of suit incurred herein, and any other relief that this Court deems just and proper.
COUNT II
DEFAMATION — LIBEL PER SE
31. This is an action for libel per se, wherein Plaintiffs, DAVID BLANCO and LOS
BLANCOS CIGAR COMPANY, INC. d/b/a BLANCO CIGAR COMPANY, sue Defendant,
TOM WERTHER, and reallege and incorporate by reference herein paragraphs 1 through 25
32. WERTHER published false and defamatory statements, including those described
in greater detail above, regarding BLANCO and the COMPANY on Facebook.com.
33. The false and defamatory statements Were published to and were accessible by
WERTHER, on Facebook.com.
34. The false and defamatory nature of WERTHER’s statements have caused, and
will continue to cause, irreparable harm to BLANCO’s and the COMPANY’S reputation, course
35. The false and defamatory nature of WERTHER’S statements subjected BLANCO
COMPANY allege that BLANCO and the COMPANY have committed crimes, including, but
not limited to, trademark infringement, pursuant to F1a._Stat. 495, et. seq., and 15 U.S.C. 1501,
et. seq., false advertising, pursuant to Fla. Stat. 817.01, et. seq., and fraudulent solicitation of
37. The false and defamatory statements made by WERTHER portrayed BLANCO
and the COMPANY as thieves and frauds and imputed to BLANCO and the COMPANY
criminally felonious conduct and conduct or characteristics incompatible with the proper
exercise 0f BLANCO’s and the COMPANY’S lawful business, trade, and profession.
38. Further, the false and defamatory statements made by WERTHER, which assailed
BLANCO and the COMPANY’S management and impugned their method of doing business, has
prejudiced their ability to conduct their trade or business and deterred third persons from dealing
39. BLANCO and the COMPANY have employed Coats Schmidt, P.A. for
representation in this action, and has agreed to pay a reasonable attorney fee to Coats Schmidt,
P.A.
INC. d/b/a BLANCO CIGAR COMPANY respectfully requests that this Court enter judgment in
their favor and against Defendant TOM WERTHER for all damages allowable under the law, for
costs of suit incurred herein, and any other relief that this Court deems just and proper.
COUNT III
DEFAMATION BY IMPLICATION
BLANCO and LOS BLANCOS CIGAR COMPANY, INC. d/b/a BLANCO CIGAR
COMPANY, sue Defendant, TOM WERTHER, and reallege and incorporate by reference herein
paragraphs 1 through 25 above as though set forth fully herein.
41. WERTHER published certain facts regarding BLANCO, the COMPANY and the
re-sale of the Repudiated Cigars, including those described in greater detail above, on
Facebook.com that were defamatory in that they created a false impression regarding BLANCO
connection between them or, in thex alternative, created a defamatory implication by omitting
facts when describing the nature and sequence of events regarding the Repudiated Cigars.
43. The juxtaposed and manipulated facts were published by WERTHER to roughly
on Facebook.com.
created.
46. The false impression of BLANCO and the COMPANY, which WERTHER
created by juxtaposing and manipulating facts, has caused, and will continue to cause, irreparable
harm t0 BLANCO’S and the COMPANY’S reputation, course of business, and their personal,
47. BLANCO and the COMPANY have employed Coats Schmidt, P.A. for
representation in this action, and has agreed to pay a reasonable attorney fee to Coats Schmidt,
P.A.
INC. d/b/a BLANCO CIGAR COMPANY respectfully requests that this Court enter judgment in
their favor and against Defendant TOM WERTHER for all damages allowable under the law, for
costs of suit incurred herein, and any other relief that this Court deems just and proper.
COUNT IV
TORTIOUS INTERFERENCE WITH A BUSINESS RELATIONSHIP
48. This is an action for tortious interference with a business relationship, wherein
Plaintiffs, DAVID BLANCO and LOS BLANCOS CIGAR COMPANY, INC. d/b/a BLANCO
CIGAR COMPANY, sue Defendant, TOM WERTHER, and reallege and incorporate by
reference herein paragraphs 1 through 25 above as though set forth fully herein.
49. BLANCO and the COMPANY, at the time of this incident, described in greater
detail above, maintained numerous existing business relationships throughout this country and
51. WERTHER intentionally, with malice or ill will, and without justification
interfered with BLANCO’s and the COMPANY’S business relationships by publishing false and
defamatory statements about BLANCO and the COMPANY and by encouraging roughly tens of
Facebookcom to boycott, damage, and otherwise ruin BLANCO’s and the COMPANY’S
business and their relationships with customers, clients, vendors, suppliers, and partners.
WERTHER’S interference, including irreparable harm to their reputation and the reputation of
53. BLANCO and the COMPANY have employed Coats Schmidt, P.A. for
representation in this action, and has agreed to pay a reasonable attorney fee to Coats Schmidt,
P.A.
INC. d/b/a BLANCO CIGAR COMPANY respectfully requests that this Court enter judgment in
their favor and against Defendant TOM WERTHER for all damages allowable under the law, for
costs 0f suit incurred herein, and any other relief that this Court deems just and proper.
54. Plaintiffs, DAVID BLANCO and LOS BLANCOS CIGAR COMPANY, INC.
d/b/a BLANCO CIGAR COMPANY, hereby reserve the right to amend the Complaint to seek
punitive damages, and reallege and incorporate by reference herein paragraphs l through 25
55. It is clear from WERTHER’s false and defamatory statements that he had actual
knowledge of the wrongfulness of his conduct and the high probability that injury or damage to
BLANCO and the COMPANY would result and that, despite that knowledge, WERTHER
intentionally pursued that course of conduct, resulting in injury or damage. Accordingly, and in
conformity with Fla. Stat. 768.72, BLANCO and the COMPANY will seek leave of court to seek
56. In the alternative, BLANCO and the COMPANY will seek leave of court to seek
punitive damages under Fla. Stat. 768.72 because WERTHER’S actions, as described herein,
were so reckless or wanting in care that the constituted a conscious disregard or indifference to
COMPANY, INC. d/b/a BLANCO CIGAR COMPANY, reserves the right to seek leave of court
to seek punitive damages against Defendant TOM WERTHER in accordance with the facts and
claims stated herein and established through discovery, for costs of suit incurred herein, and for
d/b/a BLANCO CIGAR COMPANY, hereby demand a trial by jury on all issues so triable.
I represent Blanco Cigar Company as well as its owner and President, David
Blanco .relative their claims for Defamation _and Injurious Falsehood arising out of
slanderous and libelous statements made by you on Facebook and other online networks.
These publications which have been commixnicated to third persons contain the fame
allegation that my clients’ have sold unauthorized Line of Duty Cigars; stealing your
trademark; and informing customers that they are donating money to the families of
police officers, firefighters and soldiers.
A false and defamatory statement alleging a criminal act, as you have done,
without any reasonable care as to the tmth of such statement gives rise to the civil causes
of action known as Defamation and Inj urious Falsehood. Your allegations have
absolutely no basis in truth and have negatively impacted not only the personal reputation
of Mr Blanco, but fixrther have caused economic damage to the business known as the
Blanca Cigar Company
You are hereby notified to immediately CEASE AND DESIST any further false
and defamatory verbal or written statements concerning my clients and to immediately
retract all such statements. If you do not comply, I have been instructed to immediately
proceed with all legal remedies available to my clients, including a suit for injunctive
relief, as well as damages and punitive damages.
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00000 AT&T 'v? 17:31 4 >3 2796B
Jim Ruane a
doesn't recommend
Blanca Cigars Fans.
54 mins *
6
They are trademark thieves; Line of Duty cigars
are phony at this location. heard the cigars
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Shar Key fl
doesn’t recommend
Blanca Cigars Fans.
16 mifls '
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Don’t seli unauthorized cigars!
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( Back Comments
Michael Bracken fl
doesn‘t
recommend Blanca Cigars Fans.
17 mins ~
e
Have you no shame‘fl You're knock off
setting a
. .
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bomment as Blanca"
ooooo AT&T 9? 17:34 4 3% 26%i3
( Back Comments x/
Matt Hew a
doesn‘t recommend
Blanca Cigars Fans.
18 mins ‘
B
Why is this guy seiling unauthorized /
"WA m Mm“
bomment as Blanco...
ooooo AT&T ‘5? 17:34 1 EB 25%D
( Back Comments x/
doesn‘t
”4W Joshua Oliverifl
v recommend Blanca Cigars Fans.
19 mins '
6
The only thing worse than stealing someone’s
hard work, is stealing someone's hard work that
DIRECTLY benefits civil service charities.
There’s corrupt. And then there’s morally
corrupt. Disgusting. If anyone is looking for Line
of Duty cigars and is looking to support the
charities the true owner of the brand... See More
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5* Opens Moaday Company
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rbomment as Blanca... f;
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bomment as Blanco...
00000 AT&T A 17:35 ‘1 $ ‘25%D
James
Clifford doesn‘t fl
recommend Blanca Cigars Fans.
26 rains '
3
As an "Officer and a Gentleman", think you I
”lbomment as Blanco... © §fi
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< Back Comments x/
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Comment as Blancom © :w V
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Bryan Bonanno doesn't B
recommend Blanca Cigars
Fans.
23 mins ‘
6 '
<
W
xv John Staufferfl doesn't
recommend Blanca Cigars
Fans.
24 mins '
B
sellingan unauthorized brand of cigar and
claiming to donate to military and 1st
Responders is pretty low in my book. Dont buy
from these frauds.
<
Rockford
Elvis doesn't a m
recommend Blanca Cigars
Fans.
40 mins ~
6
Selling counterfeit line of Duty cigars and
claiming the proceeds go to charity?!?!? What a
scam you guys got going huh.
Comment as BlancoCig...
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Jerry Kane I» Blanca Cigars
fit.
Fans
41 mins ~
6
Really? Ripping off the Real Line of Duty Cigars?
A brand founded in public service and
philanthropically dedicated to miiitary, fire and
law enforcement.
You should be ashamed of yourself
'8’
Comment as Blanco Gig... .©
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00000 AT&T LTE 19:27 “f >3 2%:3
Scott Turdo a doesn‘t Oi.
recommend Blanca Cigars
Fans.
1hr«@
O1
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ooooo AT&T LTE 19:14 4 :3 5%-é
Steve Pumilia doesn‘t fl .O.
recommend Blanca Cigars
Fans.
15 mins -
8
they are scum sucking dogs who are stealing
ownership and donation monies from a true
charity.
Writeacomment... 01F
©
no.0 AT&T LTE 19:26 4 >€ 396D
Manny Vee doesn't a IO.
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00000 AT&T ‘53 20:53 4 >§ 19%-!»
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Write a comment...
00000 AT&T ’«3‘
20:53 4 3% 19%
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Andrew McCrone doesn't a
recommend Blanca Cigars
Fans. -
35 mins -
e
Frauds. They sell a product, Line of Duty Cigars,
without permission. The real Line of Duty Cigars
donates to law enforcement, military eta...
Blanco Cigars does not.
O Write a comment“.
«coo AT&T ’6 20:53 4 >€ 19%-$
BrianBudd doesn‘t fl
recommend Blanca Cigars
Fans.
11 mins *
e
As bad as stolen valor. To sell cigars where
portions of sales are intended to go to charities
responders and military and not make
for first
donations from the sales is commetely wrong.
< "
Miko Velez n doesn‘t
g recommend Blanca Cigars
Fans.
1 hr *
3
They advertise selling cigars 'for the benefit of
police kiiled in the fine of duty but do not
support any organization. Making money off the
back of dead cops.
xzs t
00000 AT&T ’v? 21:47 1 >g 30%
'
Aj Cons a doesn't recommend ‘0.
Blanco Cigars Fans.
49 mins ‘
6
DO not be a man. You are not
lying business
authorized as a re seller of Line of Duty Cigars,
yet you claim and sell them as you do. You also
claim that portions of thosesales go to the
Military, Police and Firefighters, when in fact you
know that to not be true! Dishonorabie
company!
g’j
Like C3 Comment FD Share
01
[(33
'Write a chment..,
'
fl Like I D Comment
Be the first to like this
Write a comment...
.0000 AT&T Q 21:48 ‘1 3g 31% >
32 mine *
e
Totaf disgrace what this company is doing with
cigars that don’t belong to them. Not supporting
charities that they claim they do. DO NOT
PURCHASE FROM THIS FRAUD COMPANY.
Q Writela cemment...
.0000 AT&T ‘3“ 21:49 ‘1 >€ 31%-f
Chris D‘Cunha n doesn‘t
recommend Blanca Cigars
Fans.
42 mins ~
e
When the owner of a brand advises you that
you‘re sefling counterfeit versions of his
TRADEMARKED brand and product, and you
continue to sell it, then there‘s a problem.
01
J®
(QT: Write a comment...
00000 AT&T “o? 21:49 4 X 31% f
6
I
---
A} Cons
CO Are those Line of
line? Really?
Duty cigars? This vendor is not
authorized to them and is sell
A3Cons .
www.lineofdugxcig ars.com
@ Write a comment...
00000 AT&T *3” 21:57 4 >€ 33%-4
<
. Todd Ricky-Bobby
recommend. Blanca Cigars
Fans.
Just now o
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fl doesn‘t
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.0000 AT&T ‘3‘ 17:30 ‘1 >3 277cm
Matt Hew
What a douchebag. Why is this
guy unauthorized /
selling
counterfeit Line of Duty Cigars?
Lying to customers and resellers.
Then lying that the money is going
MOS. This is a
to families of
disgrace! Somebody should call
the local news and put this guy on
biast. Disgusting!!! I
Matt Hew
And then stealing money from
charities by selling counterfeit
cigars. Money that should be
going to worthwhile causes for line
of duty deaths. Instead you are
lining your pockets. Disgusting!!!
( Back Comments x/
Matt Hew
Cheers, I’m sitting here enjoying a
nice German beer, selling
counterfeit cigars, and stealing
money from widows and families
who's caretakers have died while
.
serving our country. Big man over
herefl
3m Like Reply Message
own \l 0%
believable!!!
C lug” OW
Wow
1' II.
Matt Hew
You should be in regularjafl! Why
are you selling unauthorized /
counterfeit Line of Duty Cigars?
Lying to customers and resellers.
Then lying that the money is going
to families of MOS. This is a
disgrace. Disgusting!!! Utter and
complete scum bag.
5m Like Reply Message
Matt Hew
Why Is this guy selling
unauthorized I counterfeit Line 0f
Duty Cigars? Lying to customers
and resellers. Then lying that the
money is going to families of MOS.
This is a disgrace! Somebody
should call the local news and put
this guy on blast. Disgusting!!!
Matt Hew .
<
. Thomas Mueller
Privatiers.
January 11 at 10:35 -'e
is at Les
2 shares
. ,
David Blanca .
3w Like Reply o1
. '
Thomas Mueller
Let’s talk later David
3w Like Reply
I
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o1
. Larry Rothfcsrk
..first
2w Like Reply
’
move to e4 is avwinner...
o1
Matt Haw »
© Writeacomment... ‘
cur-
©
I
nyjet32217 8h
You are unauthorized cigars named
sailing
”line of duty”. You are stealing the name
and more, stealing money that goes to line
of duty victims of police fire ems.
Congratulations‘
a month ago
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Jack Duffy g
a month ago
‘k 22%”
2%: 2a fig ls this the place that sells fake
LCD cigars. Shameful
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a month ago
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Blanca Cigar Company
a month ago
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a month ago
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a month ago
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5 months ago
very informative!
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a month ags
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a year ago
the money.
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a month ago
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2 years ago
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