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MOTION for Leave to File Document in Reply… — Federal Reserve Bank of San Francisco v. Benworth Capital… (Dkt. 207)
No. 3:23-cv-01034-GMM · Doc. 207 · Docket on CourtListener
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Case 3:23-cv-01034-GMM Document 207 Filed 02/12/25 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF PUERTO RICO
FEDERAL RESERVE BANK OF SAN Civil No. 24-01313 (GMM)
FRANCISCO,
Plaintiff,
v.
BENWORTH CAPITAL PARTNERS PR,
LLC; BENWORTH CAPITAL PARTNERS,
LLC; BERNARDO NAVARRO and CLAUDIA
NAVARRO,
Defendants.
MOTION FOR LEAVE TO FILE REPLY
TO THE HONORABLE COURT:
COMES NOW the Federal Reserve Bank of San Francisco (the “Reserve Bank”), by and
through its undersigned legal counsel, and respectfully alleges, and prays as follows:
1. On January 17, 2025, the Reserve Bank filed its Motion to Compel Benworth’s
QuickBooks Accounting Data (ECF No. 200, the “Motion to Compel”) seeking an order from this
Court compelling Benworth Capital Partners PR, LLC, Benworth Capital Partners, LLC, Bernardo
Navarro, and Claudia Navarro (together, the “Defendants”) to produce accounting data from
QuickBooks in response to: (i) Request Nos. 2, 3, 7, 16, 17, 25, and 26 of the Reserve Bank’s First
Set of Requests for Production to Defendant Benworth Capital Partners LLC dated August 23,
2024, and (ii) Request Nos. 2, 3, 7, 14, 15, 21, and 22 of the Reserve Bank’s First Set of Requests
for Production to Defendant Benworth Capital Partners PR LLC dated August 23, 2024.
2. On January 31, 2025, Defendants filed their Joint Motion for Extension of Time to
File Opposition to the Reserve Bank’s Motion to Compel Benworth’s QuickBooks Accounting
Case 3:23-cv-01034-GMM Document 207 Filed 02/12/25 Page 2 of 4
Data (D.E. 200) (ECF No. 201, the “Joint Motion for Extension of Time”), in which they, among
other things, informed the Court that they have consented to a three-business-day extension of time
for the Reserve Bank to file a reply to the Defendants’ opposition to the Motion to Compel.
3. Also on January 31, 2025, the Court entered an Order granting the Joint Motion for
Extension of Time. See ECF No. 202.
4. On February 5, 2025, Defendants filed their Joint Opposition to Consolidated
Plaintiff Federal Reserve Bank of San Francisco’s Motion to Compel Benworth’s QuickBooks
Accounting Data (ECF No. 206, the “Opposition”).
5. Pursuant to Local Civil Rule 7(c), “with prior leave of court and within seven (7)
days of the service of any objection to a motion, the moving party may file a reply.” L.Cv.R. 7(c).
6. The Reserve Bank respectfully seeks leave to file a reply to the Opposition to
address new matters raised in the Opposition, including Defendants’ argument that the
QuickBooks queries are functionally equivalent to ESI search terms. Leave to file a reply is
warranted to ensure the Court has a complete record before ruling on the Motion to Compel.
7. Given that Defendants have already consented to a three-business-day extension,
see Joint Motion for Extension of Time, the Reserve Bank requests that the Court allow it until
February 18, 2025, to file its reply to the Opposition.1
WHEREFORE, the Reserve Bank respectfully requests that this Honorable Court grant it
leave to file a reply to Defendants’ Opposition on or before February 18, 2025.
RESPECTFULLY SUBMITTED.
In San Juan, Puerto Rico, this February 12, 2025.
1
This deadline takes into account that February 17 is a court holiday.
-2-
Case 3:23-cv-01034-GMM Document 207 Filed 02/12/25 Page 3 of 4
Dated: February 12, 2025 Respectfully submitted,
Thomas S. Kessler (admitted pro hac vice) s/ Antonio L. Roig Lorenzo
tkessler@cgsh.com Antonio L. Roig Lorenzo
antonio.roig@oneillborges.com
CLEARY GOTTLIEB STEEN & USDC-PR No. 207712
HAMILTON LLP
One Liberty Plaza
New York, New York 10006 s/ Salvador J. Antonetti Stutts
Telephone: (212) 225-2000 Salvador J. Antonetti Stutts
Facsimile: (212) 225-3999 salvador.antonetti@oneillborges.com
Attorneys for the Federal Reserve Bank of USDC-PR No. 215002
San Francisco
s/ Ubaldo M. Fernández Barrera
Ubaldo M. Fernández Barrera
ubaldo.fernandez@oneillborges.com
USDC-PR No. 224807
s/ Aníbal A. Román Medina
Aníbal A. Román 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
-3-
Case 3:23-cv-01034-GMM Document 207 Filed 02/12/25 Page 4 of 4
CERTIFICATE OF SERVICE
I certify that on February 12, 2025, 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
-4-
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