Court filing
Motion In Compliance with Order regarding… — Federal Reserve Bank of San Francisco v. Benworth Capital… (Dkt. 141)
No. 3:23-cv-01034-GMM · Doc. 141 · Docket on CourtListener
Summary
A motion in compliance with the Court's order (D.E. 134) filed July 24, 2024 by the defendants in Oto Analytics, LLC v. Benworth Capital Partners PR, LLC, et al., Civil No. 23-01034 (GMM), in the U.S. District Court for the District of Puerto Rico, as Document 141. The defendants are Benworth Capital Partners PR, LLC, Benworth Capital Partners, LLC, Bernardo Navarro and Claudia Navarro. The motion states their position on the Federal Reserve Bank of San Francisco's Motion to Intervene (D.E. 127), filed July 10, 2024, whose attached Complaint in Intervention seeks a declaratory judgment on the Fed's priority over, or joint pro-rata rights with, the plaintiff regarding certain defendants' assets. The defendants state that they do not object to the intervention, while reserving all defenses and without waiving service of process.
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Case 3:23-cv-01034-GMM Document 141 Filed 07/24/24 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF PUERTO RICO
OTO ANALYTICS, LLC,
Plaintiff,
v. Civil No. 23-01034 (GMM)
BENWORTH CAPITAL PARTNERS PR,
LLC; BENWORTH CAPITAL
PARTNERS, LLC; BERNARDO
NAVARRO and CLAUDIA NAVARRO,
Defendants.
MOTION IN COMPLIANCE WITH ORDER
REGARDING MOTION TO INTERVENE BY FED (D.E. 134)
TO THE HONORABLE COURT:
COME NOW defendants Benworth Capital Partners PR, LLC (“Benworth PR”),
Benworth Capital Partners, LLC (“Benworth FL”), and Bernardo and Claudia Navarro (“Mr. and
Mrs. Navarro” and, jointly with Benworth PR and Benworth FL, the “Defendants”), through the
undersigned counsel, and respectfully file this motion in compliance with the Court’s order (D.E.
134) regarding their position as to the Federal Reserve Bank of San Francisco’s (“Fed”) Motion
to Intervene (D.E. 127).
On July 10, 2024, the Fed filed a Motion to Intervene seeking “permission to intervene” in
the captioned matter to “safeguard its interests and rights in respect of the PPP Collateral” (D.E.
127 at p. 22). According to the Fed, intervention is warranted either as of right or permissively.
Id. The Fed included, as attachment 7 to its Motion to Intervene, a purported Complaint in
Intervention. Id., Attachment 7. The sole cause of action asserted by the Fed’s Complaint in
Intervention is a declaratory judgment seeking that the Court define the Fed’s purported priority
Case 3:23-cv-01034-GMM Document 141 Filed 07/24/24 Page 2 of 3
Motion in Compliance with Order (D.E. 134)
Oto Analytics, LLC v. Benworth Capital Partners PR LLC, et al.
Civil No. 23-01034 (GMM)
Page 2 of 3
over, or joint pro-rata rights with, the Plaintiff regarding certain of the Defendants’ assets. The
Complaint in Intervention does not necessarily align the Fed with either Otto Analytics, LLC
(“Womply”) or the Defendants, though it does seek priority over, or joint pro-rata status with, all
the Plaintiff’s potential claims.
On July 12, 2024, the Court held in abeyance the Fed’s Motion to Intervene and ordered
the parties to state their position on or before July 24 regarding the Fed’s intervention request.
(D.E. 134).
Given that the Fed’s intervention is predicated on Womply’s success in the captioned
litigation, that the Defendants have challenged and will continue to challenge such success, and
that the Fed does not appear to be aligned against the Defendants in this matter, the appearing
parties do not object to the Court allowing the Fed to intervene. The Defendants’ lack of opposition
to the Fed’s request at this time should not be seen as either an endorsement of the Fed’s request,
an acceptance that intervention is warranted either as of right or permissively, or a waiver of
service of process (formal or otherwise) in this or any other related proceeding. The Defendants
also reserve the right to plead or otherwise defend as to the Complaint in Intervention and waive
no defenses with regards to the same.
WHEREFORE, Defendants respectfully request that this Honorable Court take notice of
the aforementioned and deem that the Defendants have complied with its July 12, 2024, order
(D.E. 134).
RESPECTFULLY SUBMITTED.
In San Juan, Puerto Rico, on July 24, 2024.
CERTIFICATE OF SERVICE: We hereby certify that on this same date the foregoing
motion was filed with the Clerk of the Court using the CM/ECF system, which will send
Case 3:23-cv-01034-GMM Document 141 Filed 07/24/24 Page 3 of 3
Motion in Compliance with Order (D.E. 134)
Oto Analytics, LLC v. Benworth Capital Partners PR LLC, et al.
Civil No. 23-01034 (GMM)
Page 3 of 3
notification of such filing to all attorneys and participants of record.
PO Box 195168
San Juan, PR 00919-5168
Tel.: 787.766.7000
Fax: 787.766.7001
/s/ Roberto A. Cámara-Fuertes
Roberto A. Cámara-Fuertes
USDC-PR 219002
Email: rcamara@ferraiuoli.com
/s/ Jaime A. Torrens-Dávila
Jaime A. Torrens-Dávila
USDC-PR 223810
Email: jtorrens@ferraiuoli.com
s/ Mónica Ramos Benítez
Mónica Ramos-Benítez
USDC-PR 308405
Email: mramos@ferraiuoli.com
Counsel for Benworth Capital Partners, LLC and Bernardo Navarro
CASELLAS ALCOVER & BURGOS PSC
PO Box 364924
San Juan, PR 00936-4924
Tel. (787) 756-1400
Fax. (787) 756-1401
rcasellas@cabprlaw.com
cloubriel@cabprlaw.com
/s/ Ricardo F. Casellas
USDC-PR Bar No. 203114
/s/ Carla S. Loubriel Carrión
USDC-PR Bar No. 227509
Counsel for Benworth Capital Partners PR, LLC and Claudia Navarro
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