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MOTION for Leave to File Document Reply in… — Federal Reserve Bank of San Francisco v. Benworth Capital… (Dkt. 165)
No. 3:23-cv-01034-GMM · Doc. 165 · Docket on CourtListener
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Case 3:23-cv-01034-GMM Document 165 Filed 09/30/24 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) cons.
Civil No. 24-01313 (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.
FEDERAL RESERVE BANK OF SAN
FRANCISCO,
Consolidated Plaintiff,
v.
BENWORTH CAPITAL PARTNERS PR,
LLC; BENWORTH CAPITAL PARTNERS,
LLC; BERNARDO NAVARRO and CLAUDIA
NAVARRO,
Consolidated Defendants.
Case 3:23-cv-01034-GMM Document 165 Filed 09/30/24 Page 2 of 4
PLAINTIFF OTO ANALYTICS, LLC’S MOTION FOR LEAVE TO FILE A REPLY IN
SUPPORT OF ITS MOTION TO STRIKE AFFIRMATIVE DEFENSES OF
UNCLEAN HANDS, SETOFF, AND PUBLIC POLICY
Pursuant to Local Civil Rule 7(c), Plaintiff Oto Analytics, LLC (f/k/a Oto Analytics, Inc.
d/b/a Womply) (“Womply”), by and through its undersigned counsel, respectfully requests leave
to file a reply to Defendants’ Joint Opposition to Plaintiff’s Motion to Strike Affirmative Defenses
of Unclean Hands, Setoff, and Public Policy (“Opposition”; ECF No. 163). In support of its
request, Womply states as follows:
1. On September 9, 2024, Womply filed its Motion to Strike Affirmative Defenses of
Unclean Hands, Setoff, and Public Policy. (ECF No. 162.)
2. On September 23, 2024, Defendants filed their Opposition to Womply’s Motion.
(ECF No. 163.)
3. Womply respectfully requests leave to reply to new arguments raised in the
Defendants’ Opposition and Defendants’ characterizations of Womply’s arguments. This
includes, without limitation, Defendants’ mischaracterization of the debt owed to Womply,
Defendants’ misunderstanding of the law regarding prejudgment attachment, and Defendants’
arguments regarding the prejudice Womply will suffer.
4. In light of the foregoing, and pursuant to Local Civil Rule 7(c), Womply
respectfully requests leave to file a Reply to Defendants’ Opposition, which attached hereto as
Exhibit A. 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 this Court grant it leave to file a Reply
to Defendants’ Opposition, which attached hereto as Exhibit A.
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Case 3:23-cv-01034-GMM Document 165 Filed 09/30/24 Page 3 of 4
Dated: September 30, 2024
Of Counsel
Willkie Farr & Gallagher LLP Respectfully submitted,
Alexander L. Cheney (admitted pro hac vice) By: /s/ Alejandro J. Cepeda Diaz
333 Bush St
San Francisco, CA 94104 Alejandro J. Cepeda Diaz
(415) 858-7400 USDC-PR 222110
acheney@willkie.com McConnell Valdés LLC
270 Muñoz Rivera Ave.
Stuart R. Lombardi (admitted pro hac vice) Hato Rey PR 00918
787 Seventh Avenue Tel: (787) 250-5637
New York, NY 10019 Email: ajc@mcvpr.com
(212) 728-8882
slombardi@willkie.com
Attorneys for Plaintiff Oto Analytics, LLC
Joshua S. Levy (admitted pro hac vice)
1875 K Street, N.W.
Washington, D.C. 20006
(202) 303-1000
jlevy@willkie.com
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Case 3:23-cv-01034-GMM Document 165 Filed 09/30/24 Page 4 of 4
CERTIFICATE OF SERVICE
The undersigned certifies that on September 30, 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: September 30, 2024 By: /s/ Alejandro J. Cepeda Diaz
Attorney for Plaintiff Oto Analytics, LLC
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