Court filing

Second MOTION for extension of time until… — Federal Reserve Bank of San Francisco v. Benworth Capital… (Dkt. 259)

No. 3:23-cv-01034-GMM · Doc. 259 · Docket on CourtListener

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Case 3:23-cv-01034-GMM Document 259 Filed 06/10/25 Page 1 of 4

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

FEDERAL RESERVE BANK OF SAN Civil No. 23-01034 (GMM) cons.
FRANCISCO,
Civil No. 24-01313 (GMM)
Plaintiff

OTO ANALYTICS, LLC; BENWORTH
CAPITAL PARTNERS PR, LLC;
BENWORTH CAPITAL PARTNERS, LLC;
BERNARDO NAVARRO and CLAUDIA
NAVARRO,

Defendants.

SECOND MOTION FOR EXTENSION OF TIME
TO COMPLY WITH THE COURT’S DISCOVERY ORDER [DE 245]

TO THE HONORABLE COURT:

COME NOW defendants Benworth Capital Partners PR, LLC (“Benworth PR”),

Benworth Capital Partners, LLC (“Benworth FL”), and Bernardo and Claudia Navarro (“Mr. and

Mrs. Navarro” and, jointly with Benworth PR and Benworth FL, the “Defendants”), through the

undersigned counsel and pursuant to Local Rule 16(h)(i)(1), respectfully request that the Court

further extend the deadline for Defendants to comply with the Court’s Order on Plaintiff’s Motion

to Enforce Order at ECF No. 224 Granting Plaintiff-Intervenor Federal Reserve Bank of San

Francisco’s Motion to Compel Benworth’s Quickbooks Accounting Data (the “Order”):

1. On May 21, 2025, the Court entered the Order, ordering Defendants to provide

Plaintiff-Intervenor the Federal Reserve Bank of San Franisco (the “Reserve Bank”) with exported

data from their QuickBooks database for the period of January 1, 2020, to the present, by May 27,

2025. (See D.E. 245).
Case 3:23-cv-01034-GMM Document 259 Filed 06/10/25 Page 2 of 4
Second Motion for Extension of Time to Comply with the Court’s Discovery Order (D.E. 245)
Civil No. 23-01034 (GMM) cons. 24-01313 (GMM)
Page 2 of 4

2. On May 27, 2025, Defendants filed their first motion for extension of time,

explaining that, due to technical issues out of their control, Defendants have not had access to their

servers, including the QuickBooks database, since May 18, 2025. (See D.E. 246). The Court

granted the motion, extending the deadline to June 10, 2025. (See D.E. 247).

3. The data on Benworth FL’s internal servers, including the Quickbooks data,

remains inaccessible. Although a third-party assisting Benworth FL initially anticipated restoring

access to the data by June 10, 2025, technical issues persist, and Defendants remain unable to

access their servers nor produce an export of their Quickbooks data.

4. Accordingly, Defendants respectfully request a 2-week extension, through June 24,

2025, to fully comply with the Court’s Order.

5. Counsel for Defendants initially raised the need for this extension with counsel for

the Reserve Bank via a meet and confer call on June 9, 2025. Counsel for the Reserve Bank

represented that it would not oppose the extension requested herein if Defendants agree to two

conditions: (1) that Defendants attach to this Motion a declaration, under penalty of perjury, by an

individual at Benworth FL, with personal knowledge of the issue necessitating the extension that

describes the issue and how it prevents access to the QuickBooks data, and (2) that Defendants

attach to this Motion a declaration, under penalty of perjury, by an individual from a third party,

with personal knowledge of the issue necessitating the extension, that describes the issue and how

it prevents access to the QuickBooks data.

6. Counsel for the parties conferred further via email on June 10, 2025. The Reserve

Bank now demands that Defendants provide: (1) a declaration from an individual at Benworth FL

with additional details beyond those requested during the June 9th meet and confer filed with the

instant Motion and (2) two detailed declarations from third parties to be filed by June 12, 2025.
Case 3:23-cv-01034-GMM Document 259 Filed 06/10/25 Page 3 of 4
Second Motion for Extension of Time to Comply with the Court’s Discovery Order (D.E. 245)
Civil No. 23-01034 (GMM) cons. 24-01313 (GMM)
Page 3 of 4

7. Defendants are unable to meet the demands of the Reserve Bank on their timeline.

However, Defendants will continue to meet and confer with the Reserve Bank regarding the

extension requested herein. Notwithstanding, Defendants respectfully request that the Court grant

the extension requested herein without requiring Defendants to submit declarations.

8. This motion is made in good faith to ensure compliance with the Court’s Order and

based on circumstances out of the Defendants’ control, and not for purposes of delaying the

proceedings. Granting this motion will not prejudice any party.

WHEREFORE, Defendants respectfully request that the Court grant this motion and

extend the deadline to comply with the Court’s Order at D.E. 245 to June 24, 2025.

CERTIFICATE OF SERVICE: We hereby certify that on this same date the foregoing

reply 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, on June 10, 2025.

PO Box 195168
San Juan, PR 00919-5168
Tel.: 787.766.7000
Fax: 787.766.7001

s/ Roberto A. Cámara-Fuertes
USDC-PR 219002
rcamara@ferraiuoli.com

s/ Jaime A. Torrens-Dávila
USDC-PR 223810
jtorrens@ferraiuoli.com

s/ Mónica Ramos Benítez
USDC-PR 308405
mramos@ferraiuoli.com
Case 3:23-cv-01034-GMM Document 259 Filed 06/10/25 Page 4 of 4
Second Motion for Extension of Time to Comply with the Court’s Discovery Order (D.E. 245)
Civil No. 23-01034 (GMM) cons. 24-01313 (GMM)
Page 4 of 4

KOZYAK TROPIN & THROCKMORTON
2525 Ponce de Leon Blvd., 9th Fl.
Miami, FL 33134
(305) 372-1800

Jorge L. Piedra (admitted pro hac vice)
jpiedra@kttlaw.com
Michael R. Lorigas (admitted pro hac vice)
mlorigas@kttlaw.com
Rasheed K. Nader (admitted pro hac vice)
rnader@kttlaw.com

Counsel for Benworth Capital Partners LLC and Bernardo Navarro

CASELLAS ALCOVER & BURGOS PSC
PO Box 364924
San Juan, PR 00936-4924
Tel. (787) 756-1400
Fax. (787) 756-1401
rcasellas@cabprlaw.com
cloubriel@cabprlaw.com
/s/ Carla S. Loubriel Carrión
USDC-PR Bar No. 227509

Ricardo F. Casellas
USDC-PR Bar No. 203114

Counsel for Benworth Capital Partners PR LLC and Claudia Navarro

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