Declaration of Joshua Levy — Federal Reserve Bank of San Francisco v. Benworth Capital Partners PR LLC, et… (Dkt. 162.1)

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      Case 3:23-cv-01034-GMM            Document 162-1        Filed 09/09/24      Page 1 of 2




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

OTO ANALYTICS, LLC,                                 §
                                                    §
                     Plaintiff,                     §
                                                    §
v.                                                  §
                                                    §
BENWORTH CAPITAL PARTNERS PR,                       §
LLC; BENWORTH CAPITAL PARTNERS,                     §
LLC; BERNARDO NAVARRO and                           §    Civil No. 23-01034 (GMM) cons. Civil
CLAUDIA NAVARRO,                                    §    No. 24-01313 (GMM)
                                                    §
                     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.    §



                             DECLARATION OF JOSHUA S. LEVY

        I, Joshua S. Levy, pursuant to 28 U.S.C. § 1746, hereby declare as follows:

        1.      I am a member of the bars of Washington, D.C. and New York, am admitted pro

     hac vice in the United States District Court for the District of Puerto Rico, and am an attorney

     at the law firm of Willkie Farr & Gallagher, LLP, counsel for Plaintiff Oto Analytics, LLC

     (f/k/a Oto Analytics, Inc. d/b/a Womply) (“Womply”).

        2.      I respectfully submit this declaration to provide this Court with certain information

     referenced in Womply’s Motion to Strike Defendants Benworth Capital Partners PR, LLC,
 Case 3:23-cv-01034-GMM           Document 162-1          Filed 09/09/24       Page 2 of 2




Benworth Capital Partners, LLC (“Benworth FL”), Bernardo Navarro, and Claudia Navarro’s

affirmative defenses of unclean hands, set off, and public policy. This declaration is based on

my personal knowledge or information provided to me.

   3.      Attached hereto as Exhibit A is a true and correct copy of the Corrected Final

Award in the arbitration between Womply and Benworth FL (the “Arbitration”), dated

June 26, 2024.

   4.      Attached hereto as Exhibit B is a true and correct copy of an Order in the

Arbitration, dated February 20, 2024.

   5.      Attached hereto as Exhibit C is a true and correct copy of Benworth FL’s Petition

To Vacate Final Arbitration filed in the Northern District of California, dated August 7, 2024.

   6.      Attached hereto as Exhibit D is a true and correct copy of Benworth FL’s

Opposition To Motion To Confirm Arbitration Award And For Entry Of Judgment, filed in

the Northern District of California, dated September 6, 2024.




   I declare under penalty of perjury that the foregoing is true and correct. Executed on this

9th day of September 2024 in Charlottesville, Virginia.


                                                          /s/ Joshua S. Levy
                                                          Joshua S. Levy




                                           -2-


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