Administrative Motion to Consider Whether Another Party's Material Should Be Sealed filed by… — Oto Benworth (Dkt. 5)

Summary

In this administrative motion dated July 1, 2024 and filed as Document 5 in Case 4:24-cv-03975-AMO in the Northern District of California, Oto Analytics, LLC, doing business as Womply, asked the court to consider whether material that Benworth Capital Partners had designated confidential should be sealed. The motion accompanies Womply's Petition To Confirm Arbitration Award And For Entry of Judgment against Benworth. Womply provisionally filed under seal portions of the petition, the Cheney Declaration, the Corrected Final Award dated June 26, 2024, and arbitration orders dated January 17, 2023 and January 31, 2023. Under Civil Local Rule 79-5(f), it notes that Benworth bears the burden of showing the material is sealable, and the motion was signed by Alexander L. Cheney of Willkie Farr & Gallagher LLP.

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PLAINTIFF’S ADMINISTRATIVE MOTION TO FILE UNDER SEAL 
CASE NO. 3:24-cv-03975
 
 
WILLKIE FARR & GALLAGHER LLP
Alexander L. Cheney (SBN 302157) 
acheney@willkie.com 
333 Bush Street 
San Francisco, CA 94104 
(415) 858-7400 
 
Stuart R. Lombardi (pro hac vice forthcoming) 
slombardi@willkie.com 
787 7th Avenue 
New York, NY 10019 
(212) 728-8000 
 
Joshua S. Levy (pro hac vice forthcoming) 
jlevy@willkie.com 
1875 K Street, N.W. 
Washington, DC 20006-1238 
(202) 303-1000 
 
Attorneys for Petitioner 
Oto Analytics, LLC 
 
UNITED STATES DISTRICT COURT 
NORTHERN DISTRICT OF CALIFORNIA 
SAN FRANCISCO DIVISION 
 
OTO ANALYTICS, LLC,
Petitioner, 
v. 
BENWORTH CAPITAL PARTNERS 
LLC, 
Respondent. 
Case No. 3:24-cv-03975
 
PETITIONER’S ADMINISTRATIVE 
MOTION TO CONSIDER WHETHER 
ANOTHER PARTY’S MATERIAL 
SHOULD BE SEALED 
 
Case 4:24-cv-03975-AMO     Document 5     Filed 07/01/24     Page 1 of 3

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PLAINTIFF’S ADMINISTRATIVE MOTION TO FILE UNDER SEAL 
CASE NO.  3:24-cv-03975 
 
Pursuant to Civil Local Rule 79-5(f), Petitioner Oto Analytics, LLC (f/k/a Oto Analytics, 
Inc., d/b/a Womply) (“Womply”) respectfully submits this Administrative Motion To Consider 
Whether Another Party’s Material Should Be Sealed (“Administrative Motion”) in connection with 
its Petition To Confirm Arbitration Award And For Entry of Judgment (“Petition”). 
Civil Local Rule 79-5(f) provides that “[f]or any document a party (‘Filing Party’) seeks to 
seal because that document has been designated as confidential by another party or non-party, (the 
‘Designating Party’), the Filing Party must . . . file an Administrative Motion to Consider Whether 
Another Party’s Material Should Be Sealed,” so that “the Designating Party [can] file a statement 
and/or declaration” justifying any sealing or redaction.  In accordance with Civil Local 
Rule 79-5(f), Petitioner submits this Administrative Motion because its Petition and accompanying 
Declaration of Alexander L. Cheney (“Cheney Declaration”) and exhibits contain certain 
information that Respondent Benworth Capital Partners LLP (“Benworth”) has claimed or may 
claim is confidential.  Benworth has the burden to justify its claims of confidentiality and to 
establish that the designated information is sealable.  Civ. L.R. 79-5(f)(3) & (c)(1).  In the interim, 
Womply is provisionally submitting the following information under seal: 
 
Docket No. 
Document 
Page/Line Nos. 
1 
Petition to Confirm Arbitration Award and For 
Entry of Judgment  
Page 9, Line(s) 15–19 
1-1 
Cheney Declaration  
Page 2, Line(s) 19–24 
1-4 
Exhibit 3 to the Cheney Declaration, Corrected 
Final Award, dated June 26, 2024 
Portions of pages 16–17, 24, 
25–29, 37–39, 44–45, 50–51, 
53 
1-8 
Exhibit 7 to the Cheney Declaration, Arbitration 
Order, dated January 17, 2023 
Portions of pages 2–4 
1-9 
Exhibit 8 to the Cheney Declaration, Arbitration 
Order, dated January 31, 2023 
Portions of page 1–2 
 
Case 4:24-cv-03975-AMO     Document 5     Filed 07/01/24     Page 2 of 3

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PLAINTIFF’S ADMINISTRATIVE MOTION TO FILE UNDER SEAL 
CASE NO.  3:24-cv-03975 
 
WHEREFORE, Womply respectfully submits this Administrative Motion pursuant to Civil 
Local Rule 79-5, and hereby notifies Benworth of its burden to establish that the designated material 
is sealable if Benworth seeks to have the material sealed.  In accordance with Civil Local 
Rule 79-5(e), unredacted versions of these documents accompany this Administrative Motion. 
 
Date: July 1, 2024 
 
 
 
WILLKIE FARR & GALLAGHER LLP 
 
By:  /s/ Alexander L. Cheney 
 
Alexander L. Cheney 
Stuart R. Lombardi (pro hac vice 
forthcoming) 
         Joshua S. Levy (pro hac vice forthcoming) 
 
Attorneys for Petitioner  
Oto Analytics, LLC
Case 4:24-cv-03975-AMO     Document 5     Filed 07/01/24     Page 3 of 3

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