MOTION for Leave to File Document a Reply… — Federal Reserve Bank of San Francisco v. Benworth Capital… (Dkt. 112)

Summary

Plaintiff OTO Analytics, LLC's Motion for Leave to File a Reply in Support of Its Notice of Conclusion of Arbitration and Motion to Lift Stay, filed 06/17/24 as Document 112 in OTO Analytics, LLC v. Benworth Capital Partners PR LLC, et al., Civil Action No. 23-01034 (docket No. 3:23-cv-01034-GMM), in the U.S. District Court for the District of Puerto Rico. Womply states that it filed its Notice and Motion on June 12, 2024, that Defendants filed an Opposition on June 13, 2024 (ECF No. 111), and that under Local Rule 7(c) it has until June 20, 2024 to file a Reply, with leave of court. It states that the proposed Reply, attached as Exhibit 1, responds to Defendants' new arguments. The signature lines read /s/ Alexander L. Cheney and /s/ Alejandro J. Cepeda Diaz, dated June 17, 2024.

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       Case 3:23-cv-01034-GMM          Document 112        Filed 06/17/24     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.


                    PLAINTIFF OTO ANALYTICS, LLC’S
      MOTION FOR LEAVE TO FILE A REPLY IN SUPPORT OF ITS NOTICE OF
         CONCLUSION OF ARBITRATION AND MOTION TO LIFT STAY

        Plaintiff Womply, by and through its undersigned counsel, respectfully submits this

Motion For Leave To File A Reply to Defendants’ Joint Opposition to Plaintiff’s Notice of

Conclusion of Arbitration and Motion to Lift Stay (“Opposition”; ECF No. 111).1

        1.      On June 12, 2024, Womply filed its Notice of Conclusion of Arbitration and Motion

to Lift Stay.

        2.      On June 13, 2024, Defendants filed their Opposition to Womply’s Motion.

        3.      Pursuant to Local Rule 7(c), with leave of this Court, Womply has until June 20,

2024, to file a Reply brief.

        4.      In its proposed Reply, which is attached as Exhibit 1, Womply responds to

Defendants’ new arguments in the Opposition and Defendants’ characterizations of Womply’s

arguments that are incorrect and require clarification.      This includes, without limitation,



1
 Capitalized terms have the same meanings as in Womply’s Motion to Lift Stay (“Motion”; ECF
No. 109) unless otherwise indicated.
      Case 3:23-cv-01034-GMM             Document 112         Filed 06/17/24      Page 2 of 3




Defendants’ new assertions that they intend to challenge the Final Award both under JAMS rules

and Federal Law, and erroneous caselaw included in support of their arguments.

       5.      The undersigned certify that this request does not have a dilatory intent, and is

sought in the interest of justice, to ensure this Court has complete briefing on the matters before it.

       WHEREFORE, Womply respectfully requests that the Court grant it leave to file a reply

in support of its Motion by no later than June 20, 2024.



Dated: June 17, 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
Joshua S. Levy (admitted pro hac vice)            Email: ajc@mcvpr.com
1875 K Street, N.W.
Washington, D.C. 20006
(202) 303-1000                                    Attorneys for Plaintiff Oto Analytics, LLC
jlevy@willkie.com




                                                 -2-
      Case 3:23-cv-01034-GMM           Document 112        Filed 06/17/24     Page 3 of 3




                                CERTIFICATE OF SERVICE

       The undersigned certifies that on June 17, 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 17, 2024                                By: /s/ Alejandro J. Cepeda Diaz

                                                    Attorney for Plaintiff Oto Analytics, LLC




                                              -3-


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