MOTION to Restrict Document Womply's Amended… — Federal Reserve Bank of San Francisco v. Benworth Capital… (Dkt. 124)

Summary

A motion to restrict filed July 1, 2024 by plaintiff Oto Analytics, LLC (d/b/a Womply) in Oto Analytics, LLC v. Benworth Capital Partners PR LLC, et al., No. 3:23-cv-01034-GMM, in the U.S. District Court for the District of Puerto Rico, Doc. 124. Citing Standing Order No. 9 and the Court's March 31, 2023 Order (ECF No. 38), it seeks leave to file the Amended Complaint and exhibits restricted to viewing by the parties and to file them publicly with redactions. It states that the Amended Complaint references material Benworth Capital Partners LLC designated as Confidential under a protective order issued by an arbitrator in a private JAMS arbitration, and that on January 17, 2023 the arbitrator permitted Womply to file that material in this Court. The three-page filing is signed by counsel for the plaintiff and ends with a certificate of service.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Full text

      Case 3:23-cv-01034-GMM            Document 124        Filed 07/01/24      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 WOMPLY’S AMENDED COMPLAINT

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

Puerto Rico, and in accordance with this Court’s March 31, 2023 Order (ECF No. 38; the

“Order”), 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 Amended Complaint and exhibits in

the above-captioned action restricted to viewing by the parties and to publicly file its Amended

Complaint and exhibits with redactions.

       The Amended Complaint quotes, describes, and references certain documents and

testimony that Defendant Benworth Capital Partners LLC (“Benworth FL”) designated as

“Confidential” pursuant to a protective order (the “Protected Material”) issued by an arbitrator

in a private JAMS arbitration between Womply and Benworth FL (the “Arbitration”). On

January 17, 2023, the arbitrator in the Arbitration permitted Womply to file Protected Material in

this Court and directed that the “parties shall, consistent with applicable law, take all reasonable

and lawful steps to file the Protected Material under seal.” Womply seeks to redact the material

Benworth FL designated as “Confidential” in the Arbitration, and information Defendants may
      Case 3:23-cv-01034-GMM             Document 124       Filed 07/01/24     Page 2 of 3




assert is confidential, in its public filing and file the unredacted Amended Complaint and exhibits

restricted to viewing by the parties.

       These same redactions were previously approved by this Court’s Order on March 31, 2023

(ECF No. 38).



Dated: July 1, 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 Street                                 USDC-PR 222110
San Francisco, CA 94111                         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
787 7th Avenue
New York, NY 10019
(212) 728-8000                                  Attorneys for Plaintiff Oto Analytics, LLC
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 124        Filed 07/01/24     Page 3 of 3




                                CERTIFICATE OF SERVICE

       The undersigned certifies that on July 1, 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: July 1, 2024                                 By: /s/ Alejandro J. Cepeda Diaz

                                                    Attorney for Plaintiff Oto Analytics, LLC




                                              -3-


File and source

File

gov.uscourts.prd.175040.124.0.pdf

Size

303,179 bytes

SHA-256

b3ee77ca18207802a531bb9f01572156b053a8c2a1906fde21124525e443c663

Our copy

gov.uscourts.prd.175040.124.0.pdf

Original

PACER (login required)