MOTION to Restrict Document Womply's Motion… — Federal Reserve Bank of San Francisco v. Benworth Capital… (Dkt. 97)

Summary

A Motion to Restrict Womply's Motion to Lift Stay filed December 26, 2023 as Doc. 97 by plaintiff Oto Analytics, LLC (d/b/a Womply) in Oto Analytics, LLC v. Benworth Capital Partners PR LLC, et al., Civil Action No. 23-01034, in the U.S. District Court for the District of Puerto Rico. Citing Standing Order No. 9 and the Court's March 31, 2023 Order (ECF No. 38), it asks to file its unredacted Motion to Lift Stay and an exhibit restricted to the parties, with a redacted public version. The motion states that the filing quotes material Benworth Capital Partners LLC designated Confidential under a protective order in a private arbitration. Womply states that it contends such a designation does not by itself justify redaction, but requests leave to redact the material out of comity and caution. The three-page motion is signed by Alexander L. Cheney and Alejandro J. Cepeda Diaz.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Full text

       Case 3:23-cv-01034-GMM              Document 97         Filed 12/26/23       Page 1 of 3




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

 OTO ANALYTICS, LLC,                                  §
                                                      §
                     Plaintiff,                       §
                                                      §
                         v.                           §    Civil Action No. 23-01034
                                                      §
 BENWORTH CAPITAL PARTNERS PR                         §
 LLC, BENWORTH CAPITAL PARTNERS                       §
 LLC, BERNARDO NAVARRO and                            §
 CLAUDIA NAVARRO,                                     §
                                                      §
                     Defendants.


             MOTION TO RESTRICT WOMPLY’S MOTION TO LIFT STAY

        Pursuant to Standing Order No. 9 for the United States District Court for the District of

Puerto Rico, and in accordance with this Court’s March 31, 2023 Order (“Order”; ECF No. 38),

Plaintiff Oto Analytics, LLC (f/k/a Oto Analytics, Inc. d/b/a Womply) (“Womply”), by and

through its undersigned counsel, seeks leave to file its unredacted Motion to Lift Stay and

accompanying exhibit (“MLS”) in the above-captioned action restricted to viewing by the parties

and to publicly file its MLS with redactions.

        On March 31, 2023, this Court granted Womply’s Motion to Restrict its Complaint

(“MRC”; ECF No. 2) to viewing by the parties and publicly file its Complaint and exhibits with

redactions. (Order at 1.) As was the case for Womply’s Complaint, Womply’s MLS quotes,

describes, and references certain material designated by Benworth Capital Partners LLC

(“Benworth FL”) as “Confidential” pursuant to a protective order issued in a private arbitration

between Womply and Benworth FL. And, as stated in its MRC, Womply contends that Benworth

FL’s designation of documents and testimony as “Confidential” in a private arbitration does not,

by itself, justify redacting this material or restricting viewing to the parties. See, e.g., United States
       Case 3:23-cv-01034-GMM             Document 97        Filed 12/26/23       Page 2 of 3




v. Vazquez-Garced, 2022 WL 3926037, at *1 (D.P.R. Aug. 31, 2022) (Arias-Marxuach, J.) (noting

that the Court’s Protective Order was not meant to direct the parties to litigate the case under seal).

However, in the spirit of comity, out of an abundance of caution, and consistent with Womply’s

prior MRC, Womply requests leave to redact such similar material in its publicly filed MLS.




Dated: December 26, 2023


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 Oto Analytics, LLC
(212) 728-8000
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




                                                 -2-
       Case 3:23-cv-01034-GMM           Document 97        Filed 12/26/23     Page 3 of 3




                                CERTIFICATE OF SERVICE

       The undersigned certifies that on December 26, 2023, 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 26, 2023                             By: /s/ Alejandro J. Cepeda Diaz

                                                     Attorney for Plaintiff Oto Analytics, LLC




                                               -3-


File and source

File

gov.uscourts.prd.175040.97.0.pdf

Size

24,681 bytes

SHA-256

dd2edf368a8e7e1745f249a9cd1744dbb3f4acd9564a93a5eb2a0a129ed9bb57

Our copy

gov.uscourts.prd.175040.97.0.pdf

Original

PACER (login required)