NOTICE Certificate of Compliance with Fed.R.Civ.P.… — Federal Reserve Bank of San Francisco v. Benworth… (Dkt. 185)

Summary

Plaintiff Oto Analytics, LLC's Certificate of Compliance with Fed.R.Civ.P 37(a)(1) and L.Cv.R. 26(b) in Oto Analytics, LLC v. Benworth Capital Partners PR, LLC, et al., consolidated with the Federal Reserve Bank of San Francisco's intervention, Case 3:23-cv-01034-GMM in the U.S. District Court for the District of Puerto Rico, filed 12/10/24 as Document 185. Womply certifies that before moving on December 6, 2024 to compel the Benworth defendants and Bernardo and Claudia Navarro to answer written discovery, it made a reasonable, good-faith effort to reach agreement, including communications and two video conferences, but the parties reached an impasse. It is signed /s/ Alexander L. Cheney of Willkie Farr & Gallagher LLP and /s/ Alejandro J. Cepeda Diaz of McConnell Valdés LLC.

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        Case 3:23-cv-01034-GMM         Document 185          Filed 12/10/24   Page 1 of 3




                        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.       §


      PLAINTIFF OTO ANALYTICS, LLC’S CERTIFICATE OF COMPLIANCE WITH
                     FED.R.CIV.P 37(A)(1) AND L.CV.R. 26(B)

TO THE HONORABLE COURT:
        COMES NOW Plaintiff Oto Analytics, LLC, d/b/a Womply (“Womply”), through the

undersigned counsel, and very respectfully states and prays:

        1.     On December 6, 2024, Womply moved the Court for an order to compel the

Defendants to respond to certain written discovery requests. (Docket Nos. 182, 184).

        2.     In compliance with Fed.R.Civ.P. 37(a) and L.Cv.R. 26(b), Womply hereby certifies

that, prior to the filing of the Motion to Compel, Womply made a reasonable and good-faith effort

                                                 1
      Case 3:23-cv-01034-GMM           Document 185       Filed 12/10/24     Page 2 of 3




to reach an agreement with Defendants’ counsel on the matters set forth on the motion, but that

the parties were unable to reach an agreement.

       3.     As stated in the Motion to Compel, the parties exchanged various communications

and participated in video conferences on two separate occasions to discuss Womply’s objections

to Defendant’s discovery responses. (Docket Nos. 182, 184 pp. 5-7). Nevertheless, the parties

could not agree and reached an impasse as to the matters discussed in the motion. Thus, Womply

understands it made reasonable and good faith efforts to resolve the dispute prior to filing its

motion with the Court.

       WHEREFORE, Womply respectfully requests that the Court take notice of the above.
      Case 3:23-cv-01034-GMM             Document 185      Filed 12/10/24     Page 3 of 3




Dated: December 10, 2024


Of Counsel

Willkie Farr & Gallagher LLP                   Respectfully submitted,

By: /s/ Alexander L. Cheney                    By: /s/ Alejandro J. Cepeda Diaz

Alexander L. Cheney (admitted pro hac vice)    Alejandro J. Cepeda Diaz
333 Bush St                                    USDC-PR 222110
San Francisco, CA 94104                        McConnell Valdés LLC
(415) 858-7400                                 270 Muñoz Rivera Ave.
acheney@willkie.com                            Hato Rey PR 00918
                                               Tel: (787) 250-5637
Stuart R. Lombardi (admitted pro hac vice)     Email: ajc@mcvpr.com
Willkie Farr & Gallagher LLP
787 7th Avenue
New York, NY 10019                             Attorneys for Plaintiff and Defendant in
(212) 728-8000                                 Intervention Oto Analytics, LLC
slombardi@willkie.com

Joshua S. Levy (admitted pro hac vice)
1875 K Street, N.W.
Washington, D.C. 20006
(202) 303-1000
jlevy@willkie.com



                               CERTIFICATE OF SERVICE

       The undersigned certifies that on this date 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: December 10, 2024                                    By: /s/ Alejandro J. Cepeda Diaz

                                                    Attorney for Plaintiff Oto Analytics, LLC


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