Exhibit 7 — OTO Analytics, LLC (Womply) v. Benworth Capital Partners LLC

Record facts

U.S. District Court for the Northern District of California · No. 4:24-cv-03975-AMO · Doc. 41-9 · 2024-08-20 · Docket on CourtListener

Full text

EXHIBIT 7 
 
 
 
Case 4:24-cv-03975-AMO     Document 41-9     Filed 08/20/24     Page 1 of 5

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JAMS ARBITRATION CASE REFERENCE NO. 1210038203 
 
 
Oto Analytics, Inc. dba Womply, 
 
Claimant(s), 
 
 
 
and 
 
Benworth Capital Partners, LLC, 
 
Respondent(s). 
 
______________________________________________ 
 
PROTECTED MATERIALS AND 
 
 
I. 
 
 
 
t seeks permission to disclose material 
designated as confidential under the Protective Order entered in this Arbitration for the purpose of initiating an action 
and injunctive relief arising from the alleged fraudulent transfer of funds by Benworth to a related company known as 
oppose Wo
-existing record concerning the Request, on 
 
Shortly after the issuance of Order No. 4, it was determined that Benworth had in fact timely filed an 
Request had been fully litigated.  Additional letter briefs concerning the Emergency Request were filed by both 
parties and two hearings were conducted, on December 7, 2022 and January 12, 2023, at which time the parties 
presented extensive argument concerning their respective positions. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  
 
 
 
 
  
 
 
 
 
 
 
 
 
 
 
 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Case 4:24-cv-03975-AMO     Document 41-9     Filed 08/20/24     Page 2 of 5

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the Emergency Request is GRANTED. 
owing from 
Benworth for services related to PPP loans made by Benworth during the COVID-19 pandemic.  In its Answer to 
fees in trust until it
made both to the Arbitrator and Womply, 
 
 
 
 
 
During the course of discovery in this Arbitration, an extensive record has been developed concerning the 
  
 
 
 
Pursuant to the relevant agreements between the parties, either party may seek equitable or injunctive relief 
concerning issues relevant to this Arbitration in a court of law.  These provisions allow Womply to seek equitable or 
injunctive relief in a court of competent jurisdiction relating to the alleged fraudulent transfer 
 
  Womply intends to apply for injunctive and/or equitable relief in the United 
States District Court for Puerto Rico.  In order to file for the relief it seeks, it needs to submit to the Puerto Rico 
District Court evidence discovered during the course of this Arbitration and designated as Protected Material under 
the Stipulated Protective Order.  Its Emergency Request seeks an order from the Arbitrator granting Womply relief 
from the Protective Order for this purpose. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
  
 
 
 
 
 
 
 
 
 
  
 
 
 
 
 
 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
  
 
 
 
 
 
 
 
 
Case 4:24-cv-03975-AMO     Document 41-9     Filed 08/20/24     Page 3 of 5

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Benworth contends that Rule 26 of the JAMS Comprehensive Arbitration Rules & Procedures prohibits the 
granting of Wompl
of the Arbitration or any confidential information arising from the Arbitration to third parties.  That restriction has no 
application to this situation, where a party to the Arbitration, consistent with its right to bring a separate action for 
equitable or injunctive relief arising from issues related to this Arbitration, seeks permission to use confidential 
information to pursue that action. 
As a matter of fairness, Benworth should be allowed to use Protected Material to the extent necessary to 
defend against whatever causes of action Womply may assert to obtain equitable or injunctive relief. 
Based upon the above, the following Order is issued: 
The Parties shall be permitted to disclose Protected Material (as defined in the Stipulated Protective Order 
approved and adopted on January 19, 2022) to a court of law of competent jurisdiction to the extent necessary to 
assert or defend against claims and causes of action for equitable or injunctive relief arising from the alleged improper 
transfer of funds from Benworth Capital Partners LLC to Benworth Capital Partners PR LLC and from Benworth 
Capital Partners PR LLC to principals or owners of that entity, as these matters relate to this Arbitration.  The parties 
shall, consistent with applicable law, take all reasonable and lawful steps to file the Protected Material under seal. 
II. 
 
Womply seeks to compel Benworth to produce certain documents and also seeks an order requiring the 
their respective arguments at the time of the December 7, 2022 and January 12, 2023 hearings.  Based upon the 
written submissions and oral argument of the parties, the following Order is issued:   
1. Benworth shall produce its 2021 financial statement. 
2. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Case 4:24-cv-03975-AMO     Document 41-9     Filed 08/20/24     Page 4 of 5

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3. 
 
 
4. 
as Benworth put at issue its ability to respond to a judgment or award in this Arbitration, 
that relate to any transfer of funds from Benworth to Benworth Puerto Rico. 
5. The parties are ordered to prepare and serve privilege logs. 
6. 
Womply did not argue for the production of a loan reconciliation document, 
 
 Accordingly, this order does not address whether a loan 
reconciliation document should be produced. 
7. The production of documents and the service of privilege logs shall be accomplished by no later 
than February 1, 2023. 
 
IT IS SO ORDERED. 
 
January 17, 2023 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
_____________________________ 
 
 
 
 
 
 
 
 
Alexander L. Brainerd 
 
 
 
 
 
 
 
 
Arbitrator 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  
 
 
 
 
 
 
  
 
 
 
 
 
 
 
 
 
  
 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Case 4:24-cv-03975-AMO     Document 41-9     Filed 08/20/24     Page 5 of 5

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