Court filing
Exhibit 8 — Oto Analytics, LLC v. Benworth Capital Partners LLC (N.D. Cal. No. 3:24-cv-03975)
Summary
Exhibit 8, Document 41-10, filed 08/20/24 in Oto Analytics, LLC v. Benworth Capital Partners LLC, Case 4:24-cv-03975-AMO (N.D. Cal.): ORDER NO. 6 in the arbitration between Womply and Benworth, dated February 1, 2023 above the name of Alexander L. Brainerd, Arbitrator. The order memorializes rulings given at a conference and states that Womply's request for permission to move for summary disposition is DENIED and that Benworth's request for relief from Order No. 5 is DENIED. It states that Benworth's request for relief from the protective order is DENIED without prejudice. On Benworth's motion to disqualify William M. Manger, Jr., it sets Womply's response for February 17, 2023, any reply for March 3, 2023, and a hearing at the Pre-Hearing Conference.
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Filed August 20, 2024 in Oto Benworth; one of 102 filings from this case.
Record facts
| Court | U.S. District Court for the Northern District of California |
|---|---|
| Filed | 2024-08-20 |
Cite this document
“Exhibit 8 — Oto Analytics, LLC v. Benworth Capital Partners LLC (N.D. Cal. No. 3:24-cv-03975).”
U.S. District Court for the Northern District of California, No. 4:24-cv-03975-AMO, Doc. 41-10, filed 2024-08-20. Archived at Pandemic Darlings, https://pandemicdarlings.com/court-filings/full-docket-oto-benworth-cand-431982/2024-08-20-exhibit-8-arbitration-order-no-6-summary-disposition-and-protective-order-gov-uscourts-cand-431982-41-10/
, SHA-256 2a72157c46e938b3867736dae22cecd8e3b7f23cd3230bd1679e249e4736b532.Full text
EXHIBIT 8
Case 4:24-cv-03975-AMO Document 41-10 Filed 08/20/24 Page 1 of 4
DocuSign Envelope ID: 903Ft376-D02E-469A-MBC-643EC81BA5DE
J M ARBITRATIO
OTOA Al TI
,
("WOMPLY"),
a WOMPLY
Claiman CoW1ter-Respondent.
V .
ITAL PARTi RS LLC
Respondent/Counter- lai.ma.ut.
o. 121003 203
ORDER NO. 6 RE: \ OMPL ' REQUEST FOR PERMISSION TO FILE MOTIO
FORS
IIMAR\: DISPO IIION AND BEM ORTH S REQUE T FOR RELIEF
FROM PROTECTIVE ORDER l\'Il ORDER NO. 5
On Janua.iy l. 2023. a conference ,.,as held concerning the motions decided
below. This Order memorializes the rulings given at that onference.
I.
WOMPLY' REQUEST FOR PERMI
IO TO FILE MOTIO FORS MMARY
Dr PO ITIO1
On January 9, 2023 Womply filed a letter brief requesting pennission co mo e
for summar disposition pursuant to JA.:\11 Rule 20. Additional letter briefs concerning
ompl 's request were filed b the Partie on January 17 2023 Benworth's Response), January
1 ,20 3(Wompl 's Repl ). andJanua1yJ9, 023(Benwo11h·s ResponsetoWomply's Reply.
Based upon those letter briefs and the pa1ties· statements at the January 31 conference,
ompl 's request for p rmission to move for sununary disposition is DENIED.
II.
BE WORTH' REQUEST FOR RELIEF FROM ORDER 0. 5
On Janua1 17, ~023, Arbitrator Brainerd issued Order o. 5. ordering B nworth
to. among other things. -
Case 4:24-cv-03975-AMO Document 41-10 Filed 08/20/24 Page 2 of 4
DocuSign Envelope ID. 903F1376-D02E-469A-AABC-6:43EC81BA5DE
-
On January 20, 2023, Benworth filed a letter brief requesting that the Arbitrat.or "modify
or otherwise grant relief from thoseponious of the January 17 Order.'· Womply filed a response
to Benworch's lener on January 23, 2023, and Benwortb filed a reply on Janua1y 27, 2023.
Based upon those letter briefs and the parties' statements at the January 31 conference,
Benworth's request for relief from Order No. 5 is DENIED.
Within five days from the issuance of this Order,
III
BENWORTH'S REQUEST FOR RELIEF FROM PROTECTIVE ORDER
On January 20. 2023. Benworth filed a lefter briefreq11esting
Womply filed a response to Benworth's letter brief oo January 23. 2023, and
Benworth filed a reply on January 27, 2023. Based upon those letter briefs and the parties'
statements at t]Je January 31 conference, Benworth's request for relief from the protective order
is DENIED without prejudice.
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Case 4:24-cv-03975-AMO Document 41-10 Filed 08/20/24 Page 3 of 4
DocuSign Envelope ID: 903F1376-D02E-469A-AABC-643EC81BA5DE
IV.
BENWORTH'S MOTION TO DISQUALIFY WILLIAM M. MANGER
On January 25, 2023, Benworth filed a motion to "disqualify William M.
Manger, Jr., from serving as an expert witness for [Womply] or, in the alternative, to strike his
opinions." The schedule on Benworth's motion to disqualify shall be as follows:
•
Womply will file its response by February 17, 2023;
•
Benw01ih will file any reply to Womply's response by March 3, 2023; and
•
The motion will be heard at the March l 0, 2023 Pre-Hearing Conference.
IT IS SO ORDERED.
February 1, 2023
~;;s:k(. fJrAfwxJ
Alexander L. Brainerd
Arbitrator
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Case 4:24-cv-03975-AMO Document 41-10 Filed 08/20/24 Page 4 of 4File and source
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