MOTION to Restrict Document Notice of Conclusion… — Federal Reserve Bank of San Francisco v. Benworth… (Dkt. 108)

Summary

Plaintiff Oto Analytics, LLC (f/k/a Oto Analytics, Inc. d/b/a Womply) moves to restrict its Notice of Conclusion of Arbitration and Motion to Lift Stay in its case against Benworth Capital Partners PR LLC, No. 3:23-cv-01034-GMM, U.S. District Court for the District of Puerto Rico, filed June 12, 2024 as Doc. 108. Citing Standing Order No. 9 and the Court's December 27, 2023 Order (ECF No. 101), it asks to file the unredacted motion and exhibit restricted to the parties and a redacted version publicly. The motion states that the redactions match material the Court already allowed redacted in its prior Motion to Lift Stay, material Benworth Capital Partners LLC designated "Confidential" in a private arbitration. It acknowledges that such a designation does not by itself justify redaction. Counsel from Willkie Farr & Gallagher LLP and McConnell Valdés LLC sign it.

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      Case 3:23-cv-01034-GMM            Document 108         Filed 06/12/24      Page 1 of 3




                         IN THE UNITED STATES DISTRICT COURT
                            FOR THE DISTRICT OF PUERTO RICO

 OTO ANALYTICS, LLC,                               §
                                                   §
                    Plaintiff,                     §
                                                   §
                        v.                         §    Civil Action No. 23-01034
                                                   §
 BENWORTH CAPITAL PARTNERS PR                      §
 LLC, BENWORTH CAPITAL PARTNERS                    §
 LLC, BERNARDO NAVARRO and                         §
 CLAUDIA NAVARRO,                                  §
                                                   §
                    Defendants.


     MOTION TO RESTRICT PLAINTIFF OTO ANALYTICS, LLC’S NOTICE OF
        CONCLUSION OF ARBITRATION AND MOTION TO LIFT STAY

       Pursuant to Standing Order No. 9 for the United States District Court for the District of

Puerto Rico, and in accordance with this Court’s December 27, 2023 Order (“Order”; ECF

No. 101), Plaintiff Oto Analytics, LLC (f/k/a Oto Analytics, Inc. d/b/a Womply) (“Womply”), by

and through its undersigned counsel, seeks leave to file its unredacted Notice of Conclusion of

Arbitration and Motion to Lift Stay and accompanying exhibit (“Motion”) in the above-captioned

action restricted to viewing by the parties and to publicly file its Motion with redactions.

       On December 27, 2023, this Court issued an Order granting Womply’s motion to file its

unredacted Motion to Lift Stay and accompanying exhibit (“MLS”; ECF No. 99) restricted to

viewing by the parties only and to publicly file its MLS with redactions. (Order at 1.) Womply

seeks to the redact the exact same material in the exhibit to its Motion that this Court already

permitted Womply to redact in the exhibit to its prior MLS, which quotes, describes, and references

certain material designated by Benworth Capital Partners LLC (“Benworth FL”) as

“Confidential” pursuant to a protective order issued in a private arbitration between Womply and

Benworth FL.
      Case 3:23-cv-01034-GMM             Document 108         Filed 06/12/24      Page 2 of 3




       Womply recognizes that Benworth FL’s designation of documents and testimony as

“Confidential” in a private arbitration does not, by itself, justify redacting this material or

restricting viewing to the parties. See, e.g., United States v. Vazquez-Garced, 2022 WL 3926037,

at *1 (D.P.R. Aug. 31, 2022) (Arias-Marxuach, J.) (noting that the Court’s Protective Order was

not meant to direct the parties to litigate the case under seal). However, in the spirit of comity, out

of an abundance of caution, and consistent with Womply’s prior MLS and this Court’s Order,

Womply requests leave to redact such similar material in its publicly filed Motion.



Dated: June 12, 2024


Of Counsel

Willkie Farr & Gallagher LLP                      Respectfully submitted,

By: /s/ Alexander L. Cheney_______                By: /s/Alejandro J. Cepeda Diaz ______

Alexander L. Cheney (admitted pro hac vice)       Alejandro J. Cepeda Diaz
333 Bush St                                       USDC-PR 222110
San Francisco, CA 94104                           McConnell Valdés LLC
(415) 858-7400                                    270 Muñoz Rivera Ave.
acheney@willkie.com                               Hato Rey PR 00918
                                                  Tel: (787) 250-5637
Stuart R. Lombardi (admitted pro hac vice)        Email: ajc@mcvpr.com
Willkie Farr & Gallagher LLP
787 7th Avenue
New York, NY 10019                                Attorneys for Plaintiff Oto Analytics, LLC
(212) 728-8000
slombardi@willkie.com

Joshua S. Levy (admitted pro hac vice)
1875 K Street, N.W.
Washington, D.C. 20006
(202) 303-1000
jlevy@willkie.com




                                                 -2-
      Case 3:23-cv-01034-GMM           Document 108        Filed 06/12/24     Page 3 of 3




                                CERTIFICATE OF SERVICE

       The undersigned certifies that on June 12, 2024, the foregoing document was filed with the

Clerk of the Court using CM/ECF, which sent notices to all parties receiving notifications through

the CM/ECF system.



Dated: June 12, 2024                                By: /s/ Alejandro J. Cepeda Diaz _______

                                                    Attorney for Plaintiff Oto Analytics, LLC




                                              -3-


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