MOTION for Extension of Time until March… — Federal Reserve Bank of San Francisco v. Benworth Capital… (Dkt. 18)

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        Case 3:23-cv-01034-GMM           Document 18         Filed 02/23/23       Page 1 of 2




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

 OTO ANALYTICS, LLC,                                  Civil No.: 23-1034 (ADC)

 Plaintiff,

        v.

 BENWORTH CAPITAL PARTNERS PR
 LLC, BENWORTH CAPITAL PARTNERS
 LLC, BERNARDO NAVARRO and CLAUDIA
 NAVARRO.

 Defendants.


  NOTICE OF SPECIAL APPEARANCE AND MOTION FOR EXTENSION OF TIME TO
       ANSWER OR OTHERWISE PLEAD AGAINST THE COMPLAINT [D.E 1]

TO THE HONORABLE COURT:

        COMES NOW defendant, Benworth Capital Partners LLC (“Benworth”), by special

appearance and without submitting to the jurisdiction or venue of this Court nor waiving any defense,

through the undersigned counsel, and very respectfully states and requests as follows:

        1.     Notice is hereby given that the appearing defendant will be represented by the

undersigned attorneys who were recently retained to assume its legal representation.

        2.     On January 24, 2023, OTO ANALYTICS, LLC (“Plaintiff”) filed the Complaint in

the captioned case against Benworth. [D.E. 1].

        3.     On February 6, 2023, the Plaintiff purportedly served Benworth with a copy of the

Complaint and the summons issued by the Honorable Court on January 25, 2023. [D.E. 6].

        4.     Consequently, if properly served, Benworth is required to answer or otherwise plead

against the Complaint by February 27, 2023. See Fed. R. Civ. P. 12(a)(1)(A)(i).

        5.     Although Benworth has begun its review of the Plaintiff’s pleadings, Benworth needs

an extension of time to properly and responsible answer or otherwise plead against the Complaint.

        6.     Pursuant to Rule 6 of the Local Rules of this Court, “[t]he clerk is authorized to enter
       Case 3:23-cv-01034-GMM               Document 18          Filed 02/23/23    Page 2 of 2
Notice of Appearance and Motion for Extension of Time … Complaint
Oto Analytics, LLC, v. Benworth Capital Partners PR LLC et al.
Civil No. 23-1034 (ADC)
Page 2 of 2

orders granting a first extension of time, provided it encompasses a period not to exceed thirty (30)

days.” Therefore, Benworth respectfully requests a 30-day extension of time, counted from the original

deadline of February 27, 2023, to answer or otherwise plead against the Complaint. The period

requested elapses on March 29, 2023.

        7.      The instant request is made by Benworth by special appearance and without submitting

to the jurisdiction or venue of this Honorable Court, without waiving any defenses, and expressly

reserving all defenses available in law or fact. The period requested is not burdensome for the Plaintiff

nor is it requested to delay matters pending before the Court.

        WHEREFORE, defendant Benworth respectfully requests that this Honorable Court take

notice of the undersigned’s representation, grant the instant motion, and, consequently, allow a 30-day

extension of time counted from February 27, 2023, until March 29, 2023, to answer or otherwise plead

against the Complaint.

        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, this 23rd day of February 2023.

                                                                   For Benworth Capital Partners LLC:



                                                                                       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 No. 219002
                                                                        Email: rcamara@ferraiuoli.com


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