Exhibit 4 — Oto Analytics, LLC v. Benworth Capital Partners LLC (Dkt. 1-5, N.D. Cal. No. 3:24-cv-03975)

Record facts

U.S. District Court for the Northern District of California · No. 4:24-cv-03975-AMO · Doc. 1-5 · 2024-07-01 · Docket on CourtListener

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Case 4:24-cv-03975-AMO Document1-5- Filed 07/01/24 Page1of/7

EXHIBIT 4
Case 4:24-cv-03975-AMO Document1-5- Filed 07/01/24 Page 2of7

@LAMsSh@

APPOINTMENT OF ARBITRATOR

NOTICE TO ALL PARTIES October 19, 2021

Re: Oto Analytics, Inc. dba Womply vs. Benworth Capital Partners, LLC
Reference #: 1210038203

Dear Parties:

Alexander L. Brainerd has been appointed as Arbitrator in the above-referenced matter. In accordance
with the JAMS Comprehensive Arbitration Rules no party may have ex-parte communications with the
Arbitrator. Any necessary communication with the Arbitrator must be initiated through the case manager.

The Arbitrator will bill in accordance with the enclosed Fee Schedule. Each party will be assessed a pro
rata share of all fees and expenses, unless JAMS is notified otherwise by the arbitrator or parties. Under
appropriate circumstances, the Arbitrator may award against any party JAMS fees and expenses. JAMS
agreement to render services is not only with the parties, but extends to the attorney or other representative
of the parties in the arbitration.

The parties have been billed a preliminary deposit to cover the expense of all pre-hearing work, such as
reading, drafting of orders, and conference calls. An invoice for this deposit is attached. Payment is due no
later than 11/2/2021. Upon receipt of payment, a Preliminary Arbitration Management Conference Call
will be scheduled with the Arbitrator.

Your new contact person for this file is Amy Thornton, Case Manager to Alexander L. Brainerd.

Amy Thornton
Two Embarcadero Center Suite 1500
San Francisco, CA 94111
Phone: 415-774-2686
Email: AThornton@jamsadr.com

Contact me at 714-937-8256 or laguilar@jamsadr.com if you have questions.

Sincerely,

~ Laura Aguilar

Case Manager
laguilar@jamsadr.com

_— s =

Enclosure
Case 4:24-cv-03975-AMO Document1-5 Filed 07/01/24 Page 3of7

® Invoice Date
DEPOSIT REQUEST one 10/19/2021
Invoice Number
5913868

Bill To: Ms. Corali Lopez-Castro Esq. Reference #: 1210038203 - Rep# 1
Kozyak Tropin Throckmorton, LLP Billing Specialist: Gonzalez, Erwin
2525 Ponce de Leon Blvd. Email: j
9th Floor Telephone: 949-224-4642
ie FL 33134 Employer ID: 68-0542699

RE: Oto Analytics, Inc. dba Womply vs. Benworth Capital Partners, LLC Neutral(s): Alexander Brainerd, Esq.

Representing: Benworth Capital Partners, LLC Hearing Type: ARBITRATION LA
Pe Your

Date/Time Description Share

10/19/21 JAMS INC $ 1,750.00

Non-Refundable Counterclaim Filing Fee

10/19/21 Alexander L Brainerd Esq. $ 4,000.00
Deposit for services: To be applied to professional time (session time, pre and post
session reading, research, preparation, conference calls, travel, etc.), expenses, and
case management fees. Failure to pay the deposit by the due date may result in a
delay in service or cancellation of the session. With the exception of non-refundable
fees, (Please review the Neutral's fee schedule regercing case management fee and

cancellation policies), any unused portion of this deposit will be refunded at the
conclusion of the case.

Total Billed: $ 5,750.00
Total Payment: $0
Balance: $ 5,750.00

Unused deposits will not be refunded until the conclusion of the case. If the case cancels or continues, fees are due per our cancellation and

continuance policy. Please make checks payable to JAMS, Inc. For Arbitration Cases, please contact your case manager for due date,
otherwise, payment is due upon receipt.

Click here to pay
Standard mail: . ial =
P.O. Box 845402 18881 Von Karman Ave. Suite 350
Los Angeles, CA 90084 Irvine, CA 92612

Printed on 10/19/2021 / 1210038203 - Rep# 1 Vof1

Case 4:24-cv-03975-AMO Document1-5 Filed 07/01/24 Page 4of7

® Invoice Date
DEPOSIT REQUEST one 10/19/2021
Invoice Number
5913870

Bill To: Mr. Alexander Cheney Esq. Reference #: 1210038203 - Rep# 2
Willkie Farr & Gallagher LLP Billing Specialist: Mason, Glenn T
One Front St Email: j
34th Floor Telephone: 949-224-4654
San Francisco, CA 94111 Employer ID: 68-0542699
US

RE: Oto Analytics, Inc. dba Womply vs. Benworth Capital Partners, LLC Neutral(s): Alexander Brainerd, Esq.

Representing: Oto Analytics, Inc. dba Womply Hearing Type: ARBITRATION LA
Date/Time Description endl
10/19/21 Alexander L Brainerd Esq. $ 4,000.00

Deposit for services: To be applied to professional time (session time, pre and post
session reading, research, preparation, conference calls, travel, etc.), expenses, and
case management fees. Failure to pay the deposit by the due date may result in a
delay in service or cancellation of the session. With the exception of non-refundable
fees, (Please review the Neutral's fee schedule regarding case management fee and
cancellation policies), any unused portion of this danostt will be refunded at the
conclusion of the case.

Total Billed: $ 4,000.00
Total Payment: $0
Balance: $ 4,000.00

Unused deposits will not be refunded until the conclusion of the case. If the case cancels or continues, fees are due per our cancellation and
continuance policy. Please make checks payable to JAMS, Inc. For Arbitration Cases, please contact your case manager for due date,
otherwise, payment is due upon receipt.

Click here to pay
Standard mail: . ial =
P.O. Box 845402 18881 Von Karman Ave. Suite 350
Los Angeles, CA 90084 Irvine, CA 92612

Printed on 10/19/2021 / 1210038203 - Rep# 2 Vof1

Case 4:24-cv-03975-AMO sneral F a7 hec 4 , Page 50f7
ane General Fee Schedule
e © Alexander L. Brainerd, Esq.

PROFESSIONAL FEES
Daily Rate sccccccerwsconsesnze nein $8,000 Half Day: Rate ecesccseccrwsconccsnnrecre ne $5,000
Includes up to 8 hours of session time on the scheduled day Includes up to 4 hours of session time on the scheduled day

e All travel expenses are billed at actual cost.
e Other professional time (including additional hearing time, pre- and post-hearing reading and research, conference calls, and drafting orders and
awards) will be billed at $800 per hour. This may include travel time.

ARBITRATION FEES

Filing Fee

$1,750 — Two Party Matter

$3,000 — Matters involving three or more parties

$1,750 — Counterclaims

* Entire Filing Fee must be paid in full to expedite the commencement of the proceedings

« A refund of $875 will be issued if the matter is withdrawn within five days of filing. After five days, the Filing Fee is non-refundable.

Case Management Fee

¢ 12% of Professional Fees

e The Case Management Fee includes access to an exclusive nationwide panel of judges, attorneys, and other ADR experts,
dedicated services including all administration through the duration of the case, document handling, and use of JAMS conference
facilities including after hours and on-site business support. Weekends and holidays are subject to additional charges.

CASE MANAGEMENT FEES FOR OTHER MATTERS

(Discovery, Special Master, Reference, and Appraisal)
Initial non-refundable Case Management Fee of $875 per party
Plus 12% of Professional Fees

Neutral Analysis Matters
Contact JAMS for administrative and pricing details.

CANCELLATION/CONTINUANCE POLICY

Number of Days Cancellation/Continuance Period Fee

TdaviorlesS eee 14daysormorepriortohearing ©... 100% REFUNDABLE, except for time incurred
2daysormore 30 days ormore priortohearing «eee 100% REFUNDABLE, except for time incurred
3daysormore 8... 60 days ormore priortohearing ©... 100% REFUNDABLE, except for time incurred
Sessions of any length _................. Inside the cancellation/continuance period .................. NON-REFUNDABLE

Unused hearing time is non-refundable.

Hearing fees, including all applicable CMF, are non-refundable if time scheduled (or a portion thereof) is cancelled or continued after the
cancellation date unless the Arbitrators time can be rescheduled with another matter. The cancellation policy exists because time reserved and
later cancelled generally cannot be replaced. In all cases involving non-refundable time, the cancelling or continuing party is responsible for the
fees of all parties.

. A deposit request for anticipated preparation and follow-up time will be billed to the parties. Any unused portion will be refunded.

All fees are due and payable in advance of services rendered and by any applicable due date as stated in a hearing confirmation letter. JAMS
reserves the right to cancel your hearing if fees are not paid by all parties by the applicable cancellation date and JAMS confirms the cancellation
in writing.

Receipt of payment for all fees is required prior to service of an arbitration order or award.

For arbitrations arising out of employer-promulgated plans, the only fee that an employee may be required to pay is $400. The employer must bear
the remainder of the employee's share of the Filing Fee and all Case Management Fees. Any questions or disagreements about whether a matter
arises out of an employer-promulgated plan or an individually negotiated agreement or contract will be determined by JAMS, whose determination
shall be final.

. For arbitrations arising out of pre-dispute arbitration clauses between companies and individual consumers, JAMS Policy on Consumer
Arbitrations Pursuant to Pre-Dispute Clauses, Minimum Standards of Procedural Fairness applies. In those cases, when a consumer (as defined
by those Minimum Standards) initiates arbitration against the company, the only fee required to be paid by the consumer is $250. The company
must bear the remainder of the consumer's share of the Filing Fee and all Case Management Fees.

° Parties that, through mutual agreement, have held their case in abeyance for one year will be assessed an initial abeyance fee of $500, and $500
every six months thereafter. If a party refuses to pay the assessed fee, the other party or parties may opt to pay the entire fee on behalf of all
parties, otherwise the matter will be closed.

. JAMS panelists may use a law clerk depending on the complexity of the case. The parties will be informed of the engagement if the neutral plans
to employ a clerk. The clerk’s hourly rate will be billed to the parties subject to the agreed fee split and in accordance with JAMS’ policies.

JAMS agreement to render services is with the attorney, the party, and/or other representatives of the party.

Sacramento « San Francisco « Santa Rosa « Silicon Valley * Walnut Creek
www.jamsadr.com ¢ Updated 7/15/2021
Case 4:24-cv-03975-AMO Document1-5 Filed 07/01/24 Page 6of7

@RJAMSE@

JAMS ARBITRATION ADMINISTRATIVE POLICIES

I. Fees for the Arbitration
The Parties and their attorneys agree to pay JAMS for the arbitration as set forth in the Fee and
Cancelation Policy attached to and incorporated in this Agreement. JAMS agreement to render
services is jointly with the Party and attorney or other representative of the Party in Arbitration.

Unless otherwise agreed by JAMS, the Parties agree that they are liable for and agree to pay their
portion of JAMS’ fees and expenses and for all time spent by the arbitrator, including any time
spent in rendering services before or after the arbitration hearing. Parties are billed a preliminary
retainer to cover the expense of all pre-hearing work, including conference calls. Payment of the
preliminary retainer is required prior to scheduling a Preliminary Arbitration Management
Conference with the Arbitrator. The Parties agree to pay all invoices received prior to the hearing in
advance of the arbitration hearing. If such fees have not been paid prior to the arbitration hearing,
the Party or Parties who have not paid remain liable for such fees. The Parties further agree to
payment of an Abeyance Fee to be charged 12 months from the date of last billing, and every six
months thereafter. The Parties agree that JAMS may cancel an arbitration hearing and will not
deliver the arbitrator's decision to any Party without full payment of all invoices. Refunds will be
issued to the individual or entity that was billed, regardless of payor(s). For payments remitted via
e-check, credit card, or ACH, refunds will be issued to the credit card or bank account that was used
to make the payment.

II. Records
JAMS does not maintain a duplicate file of documents filed in the Arbitration. If the parties wish to
have any documents returned to them, they must advise JAMS in writing within 30 days of the
conclusion of the Arbitration. If special arrangements are required regarding file maintenance or
document retention, they must be agreed to in writing and JAMS reserves the right to impose an
additional fee for such special arrangements.

Ill. Disqualification of the Arbitrator and JAMS as Witness/Limitation of Liability
The Parties have agreed or hereby agree that they will not call the arbitrator or any employee or
agent of JAMS as a witness or as an expert in any proceeding involving the Parties and relating to
the dispute which is the subject of the arbitration, nor shall they subpoena any notes or other
materials generated by the arbitrator during the arbitration. The Parties further agree to defend the
arbitrator and JAMS and its employees and agents from any subpoenas from outside Parties arising
out of this Agreement or arbitration.

The Parties agree that neither the arbitrator nor JAMS, including its employees or agents, is a
necessary Party in any proceeding involving the participants and relating to the dispute which is the
subject of the arbitration. The Parties further agree that the arbitrator and JAMS, including its
employees or agents, shall have the same immunity from liability for any act or omission in
connection with the arbitration as judges and court employees would have under federal law.

IV. Party
The term “Party” as used in these Policies includes Parties to the Arbitration and their counsel or
representative.
Case 4:24-cv-03975-AMO Document1-5- Filed07/01/24 Page /7of7

@LAnske@ Document Retention Policy

Please note that 30 CALENDAR DAYS after termination of any case JAMS will destroy the
following documents submitted by parties unless parties specifically notify JAMS that they

wish to collect their documents:
© Briefs

@ Exhibits’

e Evidence

¢ Transcripts

Parties should collect their documents as soon as possible after the termination of a case.
Otherwise, they will be destroyed 30 days thereafter. Please note that JAMS does not
maintain a duplicate file of documents, which are normally forwarded to the Neutral upon
receipt. Any items marked with notes, comments or suggestions by the Neutral will

automatically be destroyed upon closing of the file.

“Termination” of a case is defined as any of the following:

© Resolution of a matter, e.g., either through settlement or issuance of an award

Mutual agreement to close the matter

Withdrawal from ADR Process

© Time Period of one year elapses without any resolution and no future dates on

calendar

Notice from JAMS that the matter has been terminated

! Exhibits - For temporary judge and referee cases, CRC 2.400(c)(2) — Exhibits will be returned to the clerk of the
court, unless stipulated otherwise by the parties and such stipulation approved by the court.

Revised October 6, 2020
Resolution Centers Nationwide « 1.800.352.5267 * www.jamsadr.com

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