Court filing

MOTION for extension of time until October… — Federal Reserve Bank of San Francisco v. Benworth Capital… (Dkt. 171)

No. 3:23-cv-01034-GMM · Doc. 171 · Docket on CourtListener

Full text

Case 3:23-cv-01034-GMM Document 171 Filed 10/04/24 Page 1 of 5

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

OTO ANALYTICS, LLC,
Civil No. 23-01034 (GMM) cons.
Plaintiff, Civil No. 24-01313 (GMM)

BENWORTH CAPITAL PARTNERS PR,
LLC; et al.,

Defendants.

FEDERAL RESERVE BANK OF SAN
FRANCISCO,

Plaintiff-Intervenor,

OTO ANALYTICS, LLC; BENWORTH
CAPITAL PARTNERS PR, LLC, et al.,

Defendants in Intervention.

FEDERAL RESERVE BANK OF SAN
FRANCISCO,

Consolidated Plaintiff,

BENWORTH CAPITAL PARTNERS PR,
LLC; et al.,

Consolidated Defendants.

CONSENTED MOTION TO EXTEND DEADLINES AND ENLARGE PAGE LIMITS
FOR THE RESERVE BANK’S OPPOSITION TO MOTION TO DISMISS (ECF NO. 169)
AND DEFENDANTS’ REPLY BRIEF
Case 3:23-cv-01034-GMM Document 171 Filed 10/04/24 Page 2 of 5

TO THE HON. GINA MÉNDEZ MIRÓ
UNITED STATES DISTRICT JUDGE:

COMES NOW the Federal Reserve Bank of San Francisco (the “Reserve Bank”), by and

through its undersigned legal counsel, and respectfully states and requests as follows:

1. On July 10, 2024, the Reserve Bank filed its Complaint against Benworth Capital

Partners PR LLC (“Benworth PR”), Benworth Capital Partners LLC (“Benworth FL”),

and individuals Bernardo Navarro and Claudia Navarro (collectively, the “Navarros” and, together

with Benworth PR and Benworth FL, the “Defendants”). See ECF No. 1 in Civil No. 24-01313.

2. On August 2, 2024, the Reserve Bank filed its Complaint in Intervention. See ECF

No. 146.

3. On October 1, 2024, following consented extensions of time, defendant Benworth

FL filed its Motion to Dismiss the Federal Reserve’s Complaint and Complaint in Intervention

(“Motion to Dismiss”) requesting the dismissal of the Reserve Bank’s Complaint and Complaint

in Intervention pursuant to Fed. R. Civ. P. 12(b)(1) and 12(b)(6). See ECF No. 169.

4. As a result, Benworth PR and the Navarros filed their Motion for Joinder to

“Benworth FL’s Motion to Dismiss the Federal Reserve’s Complaint and Complaint in

Intervention” joining Benworth FL’s request for dismissal of the Reserve Bank’s Complaint and

Complaint in Intervention. See ECF No. 170.

5. Pursuant to L. Civ. R. 7(b), the Reserve Bank’s deadline to file its opposition to the

Motion to Dismiss is October 15, 2024. Additionally, L. Civ. R. 7(e) imposes a 15-page limit for

opposition briefs.

6. The undersigned counsel for the Reserve Bank informs that it is in the process of

analyzing the arguments averred in the Motion to Dismiss and will need additional time to

complete its analysis and draft an opposition thereto.

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Case 3:23-cv-01034-GMM Document 171 Filed 10/04/24 Page 3 of 5

7. Consequently, in a spirit of cooperation and mutual interest, the undersigned

contacted Defendants’ counsel to request that they consent to the Reserve Bank seeking an

extension of fourteen (14) days to file its opposition brief and an enlargement in the page limit

from fifteen (15) to twenty (20) pages.

8. Defendants consented to the Reserve Bank’s request and, in exchange, requested

that the Reserve Bank consent to them seeking leave to file a reply, along with an extension of the

deadline to reply until November 12, 2024, and an enlargement of the page limit from ten (10) to

thirteen (13) pages. The Reserve Bank herein consents to Defendants’ requests and submits that

the foregoing is fair and will allow them to thoroughly brief the issues pending before the Court.

9. As a result, the Reserve Bank respectfully requests that this Court grant the Reserve

Bank until October 29, 2024, to file its opposition to Defendants’ Motion to Dismiss and,

furthermore, allow an enlargement for its opposition brief to twenty (20) pages.

10. The proposed modifications to the deadlines and page limits will not interfere with

the Court’s calendar or other scheduled proceedings. On the contrary, these adjustments will

promote efficiency and clarity in the adjudication of the Motion to Dismiss.

11. This motion is made in good faith, with no intention of causing unnecessary delay.

Rather, it is aimed at ensuring that the Court receives well-reasoned and fully developed arguments

from both sides.

WHEREFORE, the Reserve Bank respectfully requests that this Honorable Court

take notice of the foregoing, approve the instant motion and stipulations between the parties,

and consequently: (1) allow the stipulated deadline of October 29, 2024, for the Reserve Bank

to file its opposition to the Motion to Dismiss, with such opposition exceeding the 15-page limit

by five (5) pages, and (2) grant Defendants leave to file a reply on or before November 12, 2024,

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Case 3:23-cv-01034-GMM Document 171 Filed 10/04/24 Page 4 of 5

with such reply exceeding the imposed 10-page limit by three (3) pages.

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.

Dated: October 4, 2024 Respectfully submitted,

Lisa M. Schweitzer (admitted pro hac vice) s/ Antonio L. Roig Lorenzo
lschweitzer@cgsh.com Antonio L. Roig Lorenzo
antonio.roig@oneillborges.com
Thomas S. Kessler (admitted pro hac vice) USDC-PR No. 207712
tkessler@cgsh.com
s/ Salvador J. Antonetti Stutts
CLEARY GOTTLIEB STEEN & Salvador J. Antonetti Stutts
HAMILTON LLP salvador.antonetti@oneillborges.com
One Liberty Plaza USDC-PR No. 215002
New York, New York 10006
Telephone: (212) 225-2000 s/ Ubaldo M. Fernández Barrera
Facsimile: (212) 225-3999 Ubaldo M. Fernandez Barrera
Attorneys for the Federal Reserve Bank of ubaldo.fernandez@oneillborges.com
San Francisco USDC-PR No. 224807

s/ Aníbal A. Román Medina
Anibal A. Roman Medina
anibal.roman@oneillborges.com
USDC-PR No. 308410

O’NEILL & BORGES LLC
250 Muñoz Rivera Ave., Ste. 800
San Juan, PR 00918-1813
Tel: (787) 764-8181
Fax: (787) 753-8944
Attorneys for the Federal Reserve Bank of
San Francisco

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Case 3:23-cv-01034-GMM Document 171 Filed 10/04/24 Page 5 of 5

CERTIFICATE OF SERVICE

I certify that on October 4, 2024, I filed a copy of the foregoing document using the Court’s

CM/ECF system, which will automatically generate a Notice of Electronic Filing to all counsel of

record in this matter.

s/ Aníbal A. Román Medina
Aníbal A. Román Medina

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