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Joint MOTION for extension of time until… — Federal Reserve Bank of San Francisco v. Benworth Capital… (Dkt. 154)

No. 3:23-cv-01034-GMM · Doc. 154 · Docket on CourtListener

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      Case 3:23-cv-01034-GMM           Document 154        Filed 08/19/24    Page 1 of 4



                         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.

 FEDERAL RESERVE BANK OF SAN
 FRANCISCO,

 Plaintiff-Intervenor,

 v.

 OTO ANALYTICS, LLC; BENWORTH
 CAPITAL   PARTNERS   PR, LLC;
 BENWORTH CAPITAL PARTNERS,
 LLC; BERNARDO NAVARRO and
 CLAUDIA NAVARRO,

 Defendants in Intervention.


                     JOINT MOTION FOR EXTENSION OF TIME TO
                     ANSWER PLAINTIFF’S DISCOVERY REQUESTS

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,” jointly with Benworth PR and Benworth FL, the “Defendants”), through the

undersigned counsel, and respectfully state and pray as follows:

        1.     On July 19, 2024, plaintiff Oto Analytics, LLC (“Plaintiff”) notified each of the
       Case 3:23-cv-01034-GMM              Document 154         Filed 08/19/24   Page 2 of 4
Joint Motion for Extension of Time to Answer Plaintiff’s Discovery Requests
Oto Analytics, LLC v. Benworth Capital Partners PR LLC, et al.
Civil No. 23-01034 (GMM)
Page 2 of 4

Defendants with a First Set of Interrogatories and a Request for Production of Documents

(“Discovery Requests”), to be answered within thirty (30) days, or by today, August 19, 2024.

        2.      To date, the Defendants have been working in identifying any relevant and

responsive information and/or documents, as well as working on the answers and objections to the

discovery requests while simultaneously preparing their respective answers to the Amended

Complaint, which were also due today, August 19th. However, despite the best efforts to complete

this process by today’s deadline, additional time is needed to finalize the investigation and draft

the answers and objections to the Discovery Requests and secure approval to execute the same.

        3.      To that end, on August 16, 2024, the Defendants reached out to Plaintiff requesting

a good-faith extension of time of thirty (30) additional days, or until September 18th, to submit

their answers to the Discovery Requests. However, today, August 19th, the Plaintiff rejected the

extension requested by Defendants before the deadline and, instead, offered a mere two-day

extension to respond to the documents requests and one week to answer the interrogatories on the

condition that the Defendants agree to answer the interrogatories and waive any objections to them.

Plaintiff’s proposition is simply unreasonable and not feasible for the Defendants.

        4.      The Defendants very respectfully inform this Honorable Court that the 30-day

extension that was requested in good faith to Plaintiff is indispensable to complete their efforts in

compiling the relevant and responsive information and documents and developing the responses

and objections to the Discovery Requests, and therefore respectfully request that the Court allow

such 30-day extension of time, until September 18, 2024, to do so.

        5.       The extension requested herein is sought in good faith, within the original deadline

to respond, and will not cause undue delay in the instant proceedings or cause any prejudice,

considering that the responses to the Discovery Requests would be submitted a month before the
       Case 3:23-cv-01034-GMM              Document 154         Filed 08/19/24   Page 3 of 4
Joint Motion for Extension of Time to Answer Plaintiff’s Discovery Requests
Oto Analytics, LLC v. Benworth Capital Partners PR LLC, et al.
Civil No. 23-01034 (GMM)
Page 3 of 4

deadline for substantial completion of document discovery under the Proposed Scheduling Order

(D.E. 122). Moreover, Plaintiff-Intervenor just filed a request to consolidate this case with the case

styled Federal Reserve Bank of San Francisco v. Benworth Capital Partners LLC, et al., Civil No.

24-01313 (GMM), to which Plaintiff has already expressed its consent and the Defendants have

indicated they will not oppose. If that motion is granted, it is likely to require new proposed case

management deadlines, including the extension of the discovery deadline.

        WHEREFORE, the Defendants respectfully request that this Honorable Court grant the

instant joint motion and, consequently, allow a 30-day extension of time, until September 18, 2024,

for the Defendants to notify their answers to Plaintiff’s Discovery Requests.

        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

notification of such filing to all attorneys and participants of record.

        RESPECTFULLY SUBMITTED.

        In San Juan, Puerto Rico, on this 19th day of August 19, 2024.




                                      [SIGNATURE PAGE FOLLOWS]
       Case 3:23-cv-01034-GMM              Document 154         Filed 08/19/24         Page 4 of 4
Joint Motion for Extension of Time to Answer Plaintiff’s Discovery Requests
Oto Analytics, LLC v. Benworth Capital Partners PR LLC, et al.
Civil No. 23-01034 (GMM)
Page 4 of 4




                                                                                           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
                                                                                    rcamara@ferraiuoli.com

                                                                                 s/ Jaime A. Torrens-Dávila
                                                                                    Jaime A. Torrens-Dávila
                                                                                           USDC-PR 223810
                                                                                     jtorrens@ferraiuoli.com

                                                                                   s/ Mónica Ramos Benítez
                                                                                     Mónica Ramos-Benítez
                                                                                         USDC-PR 308405
                                                                                    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
                                                                          /s/ Ricardo F. Casellas
                                                                     USDC-PR Bar No. 203114
                                                                       rcasellas@cabprlaw.com

                                                                              /s/ Carla S. Loubriel Carrión
                                                                                USDC-PR Bar No. 227509
                                                                                  cloubriel@cabprlaw.com

                             Counsel for Benworth Capital Partners PR, LLC and Claudia Navarro


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