Administrative Motion to File Under Seal filed by Oto Analytics, LLC. (Cheney, Alexander)… — Oto Benworth (Dkt. 42)

Summary

Petitioner's Administrative Motion to File Under Seal in Oto Analytics, LLC v. Benworth Capital Partners LLC, Case No. 3:24-CV-03975-AMO, U.S. District Court for the Northern District of California, filed August 20, 2024 as Document 42. Under Civil Local Rules 7-11 and 79-5, Oto Analytics, LLC (d/b/a Womply) asks to keep under seal paragraphs 32-33 of its motion to confirm the arbitration award and Exhibits 9 and 10 to the Cheney Declaration. The motion states that these documents concern Benworth's March 10, 2023 letter-motion to disqualify the arbitrator for purported bias and Womply's opposition, which it calls false accusations. It states that a member of the JAMS National Arbitration Committee found no material proof of bias and denied the motion. The motion is signed /s/ Alexander L. Cheney of Willkie Farr & Gallagher LLP.

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PETITIONER’S ADMINISTRATIVE MOTION TO FILE UNDER SEAL 
CASE NO. 3:24-CV-03975-AMO
 
 
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 (admitted pro hac vice) 
slombardi@willkie.com 
787 7th Avenue 
New York, NY 10019 
(212) 728-8000 
 
Joshua S. Levy (admitted pro hac vice) 
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-AMO
 
PETITIONER’S ADMINISTRATIVE 
MOTION TO FILE UNDER SEAL 
Judge Martínez-Olguín 
 
Case 4:24-cv-03975-AMO     Document 42     Filed 08/20/24     Page 1 of 5

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PETITIONER’S ADMINISTRATIVE MOTION TO FILE UNDER SEAL 
CASE NO. 3:24-CV-03975-AMO 
 
Pursuant to Civil Local Rules 7-11 and 79-5, Petitioner Oto Analytics, LLC (f/k/a Oto 
Analytics, Inc., d/b/a Womply) (“Womply”) moves to keep under seal two paragraphs in its Notice 
of Motion and Motion to Confirm Arbitration Award And For Entry of Judgment (“Motion”) and 
two exhibits to the accompanying Declaration of Alexander L. Cheney (“Cheney Declaration” or 
“Cheney Decl.”), all of which contain or reference inflammatory and false accusations against the 
non-party arbitrator. 
During the arbitration underlying the Motion, Respondent Benworth Capital Partners LLC 
(“Benworth”) sought to disqualify the arbitrator for purported bias ten days before the arbitration 
hearing.  On March 10, 2023, Benworth filed a letter-motion seeking to disqualify the arbitrator, 
and Womply filed its opposition four days later.  (Cheney Decl. Exs. 9–10.)  A member of the 
JAMS National Arbitration Committee, which had no role in the arbitration itself, investigated 
Benworth’s allegations, recognized that Benworth “raise[d] these issues for the first time[] 
approximately ten days before the start of the arbitration hearing,” concluded that “there is no 
material proof of bias by the arbitrator,” and denied the motion.  (Id. Ex. 11.)  Womply seeks to 
keep under seal these two documents, which are appended as Exhibits 9 and 10 to the Cheney 
Declaration, and to redact Paragraphs 32–33 of its Motion, which reference them. 
 
Docket No. 
Document 
Page/Line Nos. 
41 
Notice of Motion and Motion to Confirm 
Arbitration Award And For Entry of Judgment 
Page 9, Line(s) 1–28 
Page 10, Line(s) 1–5 
41-11 
Exhibit 9 to the Cheney Declaration, Benworth’s 
March 10, 2023 Letter to JAMS (“Motion to 
Disqualify”) 
In its entirety 
41-12 
Exhibit 10 to the Cheney Declaration, Petitioner’s 
March 14, 2023, Opposition to the Motion to 
Disqualify (“Opp. to Mot. to Disqualify”) 
In its entirety 
Courts recognize a limited “presumption in favor of access to court records,” which can be 
overcome by any “compelling reason.”  Ctr. for Auto Safety v. Chrysler Grp., 809 F.3d 1092, 1096–
99 (9th Cir. 2016) (cleaned up; collecting cases).  “What constitutes a ‘compelling reason’ is ‘best 
Case 4:24-cv-03975-AMO     Document 42     Filed 08/20/24     Page 2 of 5

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PETITIONER’S ADMINISTRATIVE MOTION TO FILE UNDER SEAL 
CASE NO. 3:24-CV-03975-AMO 
 
left to the sound discretion of the trial court,’” and includes “when a court record might be used to 
‘gratify private spite or promote public scandal,’ to circulate ‘libelous’ statements, or ‘as sources 
of business information that might harm a litigant’s competitive standing.’”  Id. at 1097 (quoting 
Nixon v. Warner Commnc’ns, Inc., 435 U.S. 589, 598 (1978)).  Courts are particularly sensitive to 
“privacy interests,” and routinely permit “redacting documents to protect the privacy interests of 
innocent third parties.”  United States v. Business of Custer Battlefield Museum & Store, 658 F.3d 
1188, 1195 n.5 (9th Cir. 2011) (collecting cases).  Courts also consider the confidential nature of 
arbitration proceedings in addressing later motions to seal arbitration information.  See, e.g., Zitan 
Techs., LLC v. Liang Yu, 2021 WL 3024284, at *3 n.2 (D. Nev. July 16, 2021). 
There are compelling reasons to keep these two documents sealed to protect the privacy and 
reputation of the arbitrator, who is not a party of this action.  Benworth made highly inflammatory 
and false accusations of bias against the arbitrator for strategic advance in the arbitration.  A neutral 
third party investigated these allegations and found them to be meritless.  This Court must 
“conscientiously balance the competing interest of the public and the party who seeks to keep 
certain judicial records secret,” and there is no public interest in broadcasting false allegations.  Ctr. 
for Auto Safety, 809 F.3d at 1097 (cleaned up).  To the contrary, such false allegations of bias “have 
significant potential to tar the reputation[]” of the arbitrator who is not a party to this action will 
therefore “have no formal opportunity to clear [his] name[].”  United States v. Kwok Cheung Chow, 
2015 WL 5094744, at *4 (N.D. Cal. Aug 28, 2015) (citing United States v. Index Newspapers LLC, 
766 F.3d 1072, 1084 (9th Cir. 2014)).  Publicly disclosing these allegations raises “the ‘danger that 
the court could become a partner in the use of [arbitration] material to gratify private spite or 
promote public scandal, with no corresponding assurance of public benefit.’”  Id. (quoting Nixon, 
435 U.S. at 598) (cleaned up).  Courts in this Circuit routinely seal and redact documents “to assure 
that individuals who are accused but exonerated are not held to public ridicule,” id. (quoting Index 
Newspapers, 766 F.3 at 1084), and to protect the “strong interest in maintaining the privacy” of 
“third parties who have not chosen to have their personnel records placed into the public record.”  
TriQuint Semiconductor, Inc. v. Avago Techs. Ltd., 2011 WL 4947343, at *3 (D. Ariz. Oct. 18, 
2011) (sealing “two exhibits containing personnel records”). 
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PETITIONER’S ADMINISTRATIVE MOTION TO FILE UNDER SEAL 
CASE NO. 3:24-CV-03975-AMO 
 
 
Date: August 20, 2024 
 
 
 
WILLKIE FARR & GALLAGHER LLP 
 
 
 
 
 
 
By:  /s/ Alexander L. Cheney 
 
Alexander L. Cheney 
Stuart R. Lombardi (admitted pro hac 
vice) 
         Joshua S. Levy (admitted pro hac vice) 
 
Attorneys for Petitioner  
Oto Analytics, LLC
Case 4:24-cv-03975-AMO     Document 42     Filed 08/20/24     Page 4 of 5

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PETITIONER’S ADMINISTRATIVE MOTION TO FILE UNDER SEAL 
CASE NO. 3:24-CV-03975-AMO 
 
CERTIFICATE OF SERVICE 
I hereby certify that on August 20, 2024, I served a copy of Petitioner’s Administrative 
Motion to File Under Seal; Petitioner’s Notice of Motion and Motion to Confirm Arbitration Award 
And For Entry of Judgment; Exhibit 9 to the Cheney Declaration; and Exhibit 10 to the Cheney 
Declaration, by transmitting via e-mail or electronic transmission the foregoing documents to the 
persons at the e-mail addresses set forth below: 
GIRARD SHARP LLP  
 
Daniel C. Girard (State Bar No. 114826) 
Simon S. Grille (State Bar No. 294914) 
601 California Street, Suite 1400  
San Francisco, CA 94108  
Telephone: (415) 981-4800  
dgirard@girardsharp.com 
sgrille@girardsharp.com  
 
KOZYAK TROPIN & THROCKMORTON  
 
Jorge L. Piedra (admitted pro hac vice) 
Dwayne A. Robinson (admitted pro hac vice) 
Michael R. Lorigas (admitted pro hac vice) 
2525 Ponce de Leon Boulevard, 9th Floor  
Miami, Florida 33134  
Telephone: (305) 372-1800 
jpiedra@kttlaw.com  
drobinson@kttlaw.com  
mlorigas@kttlaw.com  
 
Dated: August 20, 2024  
 
 
 
 
By: /s/ Alexander L. Cheney _______ 
Attorney for Petitioner Oto Analytics, LLC 
 
 
Case 4:24-cv-03975-AMO     Document 42     Filed 08/20/24     Page 5 of 5

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