MOTION for Extension of Time until March… — Federal Reserve Bank of San Francisco v. Benworth Capital… (Dkt. 26)

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        Case 3:23-cv-01034-GMM              Document 26          Filed 02/28/23         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 co-defendant, Mr. Bernardo Navarro (“Mr. Navarro”), 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

attorney who was recently retained to assume its legal representation.

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

captioned case against Mr. Bernardo Navarro and other co-defendants. [D.E. 1].

        3.      On February 27, Plaintiff filed copy of an Affidavit of Service indicating that Mr. Navarro

was served with summons on February 7, 2023, through Ms. Alondra G[ó]mez, an Office Administrator

who purportedly stated that she was authorized to accept service on behalf of Mr. Navarro. [D.E. 23].

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

against the Complaint by February 28, 2023. See Fed. R. Civ. P. 12(a)(1)(A)(i).

        5.      Although Mr. Navarro has begun its review of the Plaintiff’s pleadings, he needs an

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

        6.      Pursuant to Rule 6 of the Local Rules of this Court, “[t]he clerk is authorized to enter orders
        Case 3:23-cv-01034-GMM                 Document 26     Filed 02/28/23        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

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

Therefore, Mr. Navarro respectfully requests a 30-day extension of time, counted from the original deadline

of February 28, 2023, to answer or otherwise plead against the Complaint. The period requested elapses

on March 30, 2023.

        7.       The instant request is made by Mr. Navarro 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, including but without limited to deficient or improper service of

process. The period requested is not burdensome for the Plaintiff nor is it requested to delay matters

pending before the Court.

        WHEREFORE, defendant Mr. Navarro 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 28, 2023, until March 30, 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 28th day of February 2023.

                                                                              For Mr. Bernardo Navarro:




                                                                                         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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