Exhibit 13 — Arbitration Order No. 7 on Benworth's Motion to Stay - OTO Analytics, LLC (Womply) v. Benworth Capital Partners LLC (N.D. Cal. No. 3:24-cv-03975)

Summary

Exhibit 13, filed 08/20/24 as Document 41-15 in the Northern District of California case over the JAMS arbitration between Oto Analytics, Inc. dba Womply and Benworth Capital Partners, LLC. It is Order No. 7 of arbitrator Alexander L. Brainerd, dated September 27, 2023, on Benworth's motion to stay the arbitration pending an SBA investigation into the activities of Womply during the PPP loan program. The arbitrator denied the motion without prejudice after a hearing on September 26, 2023. He found that an email from Eric S. Benderson of the Small Business Administration was somewhat vague and general and did not show how far the investigation bears on the issues in the arbitration. The order says Benworth is free to renew the motion if the SBA provides further information.

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Record facts

U.S. District Court for the Northern District of California · No. 4:24-cv-03975-AMO · Doc. 41-15 · 2024-08-20 · Docket on CourtListener

Full text

EXHIBIT 13 
 
 
 
Case 4:24-cv-03975-AMO     Document 41-15     Filed 08/20/24     Page 1 of 2

JAMS ARBITRATION CASE REFERENCE NO. 1210038203 
Oto Analytics, Inc. dba Womply, 
Claimant(s), 
and 
Benworth Capital Partners, LLC, 
Respondent(s). 
ORDER RE BENWORTHS' MOTION TO STAY. 
ORDER NO. 7 
On September 13, 2023, Benworth filed a Motion to Stay these proceedings pending the completion 
of an investigation being conducted by the SBA into the activities ofWomply during the PPP loan program. 
The motion attached an email from Eric S. Benderson, an Associate General Counsel for Litigation with the 
Small Business Administration, concerning the investigation. Womply filed an Opposition to the Motion on 
September 14, 2023. On September 25, 2023, Benworth filed a Reply to Womply's Opposition. A Hearing 
was conducted on September 26, 2023, at which the Parties presented oral argument in support of their 
respective positions. 
Having fully considered the positions of the Parties, the Motion is DENIED without prejudice. The 
information contained in Mr. Benderson's email was somewhat vague and general and did not provide 
sufficient information to determine the extent to which the SBA investigation overlaps or bears upon the 
issues raised in this Arbitration. Should the SBA provide further information or clarification concerning its 
investigation that would warrant a renewal of the Motion to Stay, Benworth is free to do so. 
This Order will also confirm that the Arbitrator advised the Parties that due to some lingering health 
issues he does not anticipate issuing an Interim Award before November 1, 2023. 
IT IS SO ORDERED. 
Dated: September 27, 2023 
Alexander L. Brainerd 
Arbitrator 
Case 4:24-cv-03975-AMO     Document 41-15     Filed 08/20/24     Page 2 of 2

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