Declaration of Alexander L Cheney — Benworth Capital Partners, LLC v. Oto Analytics, LLC (Dkt. 30-1, N.D. Cal. No. 3:24-cv-04840)

Summary

Alexander L. Cheney, a partner at Willkie Farr & Gallagher LLP and counsel for Respondent Oto Analytics, LLC (d/b/a Womply), declares in support of Womply's response to Benworth's Administrative Motion for Nunc Pro Tunc Enlargement of Page Limits, Document 30-1, filed 08/30/24 in Case No. 3:24-cv-4840-AMO (N.D. Cal.). He says Benworth's counsel emailed on August 28, 2024 about the motion and that Womply disagreed, having told Benworth when accepting service that its Petition to Vacate violated the page-limit rule. Womply says most of the petition criticizes the arbitrator's findings and conclusions beyond the court's limited review under the Federal Arbitration Act. To avoid further delay, Womply will not move to strike the petition or oppose the retroactive increase. The declaration is dated August 30, 2024.

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DECLARATION OF ALEXANDER L. CHENEY 
CASE No. 3:24-cv-4840-AMO 
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UNITED STATES DISTRICT COURT 
NORTHERN DISTRICT OF CALIFORNIA 
SAN FRANCISCO DIVISION 
 
 
WILLKIE FARR & GALLAGHER LLP 
Alexander L. Cheney (SBN 302157) 
acheney@willkie.com 
333 Bush Street 
San Francisco, CA 94104 
Telephone: 
(415) 858-7400 
 
Attorney for Respondent 
Oto Analytics, LLC 
BENWORTH CAPITAL PARTNERS LLC, 
Petitioner, 
v. 
OTO ANALYTICS, LLC, 
Respondent.  
 Case No. 3:24-cv-4840-AMO 
 
 
DECLARATION OF ALEXANDER L. 
CHENEY IN SUPPORT OF WOMPLY’S 
RESPONSE TO ADMINISTRATIVE 
MOTION FOR NUNC PRO TUNC 
ENLARGEMENT OF PAGE LIMITS 
APPLICABLE TO BENWORTH’S 
PETITION TO VACATE FINAL AWARD 
 
Hon. Araceli Martínez-Olguín 
Case 4:24-cv-04840-AMO     Document 30-1     Filed 08/30/24     Page 1 of 3

 
 
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DECLARATION OF ALEXANDER L. CHENEY 
CASE No. 3:24-cv-4840-AMO 
 
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I, Alexander L. Cheney, pursuant to 28 U.S.C. § 1746, declare as follows: 
1. 
I am a member in good standing of the bars of California and New York.  I am 
admitted to practice in the United States District Court for the Northern District of California.  I 
am a partner at Willkie Farr & Gallagher LLP, counsel for Respondent Oto Analytics, LLC (f/k/a 
Oto Analytics, Inc. d/b/a Womply) (“Womply”).  
2. 
I respectfully submit this declaration to provide this Court with certain information 
relied upon in Womply’s Response to Benworth Capital Partners LLC’s (“Benworth”) 
Administrative Motion for Nunc Pro Tunc Enlargement of Page Limits, filed on August 29, 2024 
(the “Response”).  This declaration is based on my personal knowledge or information provided 
to me.   
3. 
On August 28, 2024, Benworth’s counsel sent an email to Womply’s counsel 
informing Womply that Benworth intended to file a motion to request an enlargement of space 
nunc pro tunc for its Petition to Vacate Final Arbitration Award (“Petition to Vacate”; ECF 
No. 1).  
4. 
That same day, counsel for Womply responded to counsel for Benworth stating 
that it disagreed with Benworth’s request for a retroactive page limit increase, noting that when 
Womply accepted service, it informed counsel for Benworth that its Petition to Vacate violated 
the applicable Local Civil Rule regarding page limits.  Womply declined Benworth’s request at 
the time because the vast majority of Benworth’s Petition to Vacate is devoted to criticisms of 
the arbitrator’s factual findings and legal conclusions that are beyond the scope of this Court’s 
limited review under the Federal Arbitration Act. 
5. 
However, in the interest of preventing further delay in the resolution of this 
proceeding, Womply has determined that it will not move to strike Benworth’s Petition to Vacate 
and, for the same reason, Womply has decided not to oppose Benworth’s request for a retroactive 
increase of page limits. 
 
 
Case 4:24-cv-04840-AMO     Document 30-1     Filed 08/30/24     Page 2 of 3

 
 
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DECLARATION OF ALEXANDER L. CHENEY 
CASE No. 3:24-cv-4840-AMO 
 
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I declare under the penalty of perjury under the laws of the State of California and the United 
States that the foregoing is true and correct. 
 
Executed at San Francisco, California on this 30th day of August, 2024. 
 
 
 
Dated: August 30, 2024 
WILLKIE FARR & GALLAGHER LLP 
 
By: /s/ Alexander L. Cheney 
 
Alexander L. Cheney 
 
Attorney for Respondent 
Oto Analytics, LLC 
Case 4:24-cv-04840-AMO     Document 30-1     Filed 08/30/24     Page 3 of 3

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