MOTION for Leave to File Document Reply in… — Federal Reserve Bank of San Francisco v. Benworth Capital… (Dkt. 165)

Summary

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, Document 165, filed 09/30/24 in Oto Analytics, LLC v. Benworth Capital Partners PR, LLC, et al., Civil No. 23-01034 (GMM) cons. Civil No. 24-01313 (GMM), in the United States District Court for the District of Puerto Rico. Plaintiff states that it filed its Motion to Strike on September 9, 2024 (ECF No. 162) and that Defendants filed their Opposition on September 23, 2024 (ECF No. 163). It asks for leave under Local Civil Rule 7(c) to reply to new arguments in the Opposition, with the Reply attached as Exhibit A. The signature block is /s/ Alejandro J. Cepeda Diaz, dated September 30, 2024.

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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.




                                                 -1-
      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




                                              -2-
      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




                                               -3-


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