Declaration in Support of Admin Motion re Page Limits — Oto Analytics, LLC v. Benworth Capital Partners LLC (Dkt. 46-1, N.D. Cal. No. 3:24-cv-03975)

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U.S. District Court for the Northern District of California · No. 4:24-cv-03975-AMO · Doc. 46-1 · 2024-08-26 · Docket on CourtListener

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DECLARATION OF DWAYNE A. ROBINSON, ESQ. IN SUPPORT OF 
RESPONDENT’S ADMINISTRATIVE MOTION 
Case No. 3:24-cv-03975-AMO 
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Daniel C. Girard (State Bar No. 114826)  
dgirard@girardsharp.com  
Simon S. Grille (State Bar No. 294914)  
sgrille@girardsharp.com  
GIRARD SHARP LLP  
601 California Street, Suite 1400  
San Francisco, CA 94108  
Telephone: (415) 981-4800  
Jorge L. Piedra (Florida Bar No. 88315)  
(Pro Hac Vice)  
jpiedra@kttlaw.com  
Dwayne A. Robinson (Florida Bar No. 99976)  
(Pro Hac Vice)  
drobinson@kttlaw.com  
Michael R. Lorigas (Florida Bar No. 123597)  
(Pro Hac Vice)  
mlorigas@kttlaw.com  
KOZYAK TROPIN & THROCKMORTON 
2525 Ponce de Leon Boulevard, 9th Floor  
Miami, Florida 33134  
Telephone: (305) 372-1800  
Attorneys for Benworth Capital Partners, LLC 
UNITED STATES DISTRICT COURT 
NORTHERN DISTRICT OF CALIFORNIA 
SAN FRANCISCO DIVISION 
OTO ANALYTICS, LLC f/k/a OTO 
ANALYTICS, INC. d/b/a WOMPLY, 
Petitioner, 
 
v. 
BENWORTH CAPITAL PARTNERS, LLC, 
Respondent. 
Case No. 3:24-cv-3975-AMO
DECLARATION OF DWAYNE A. 
ROBINSON, ESQ. IN SUPPORT OF 
RESPONDENT’S ADMINISTRATIVE 
MOTION FOR ENLARGEMENT OF PAGE 
LIMITS APPLICABLE TO RESPONDENT’S 
CROSS-MOTION TO VACATE AND FOR 
EXTENSION OF TIME TO RESPOND TO 
PETITIONER’S MOTION TO CONFIRM 
Case 4:24-cv-03975-AMO     Document 46-1     Filed 08/26/24     Page 1 of 4

 
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DECLARATION OF DWAYNE A. ROBINSON, ESQ. IN SUPPORT OF 
RESPONDENT’S ADMINISTRATIVE MOTION 
Case No. 3:24-cv-03975-AMO 
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I, Dwayne A. Robinson, hereby declare under penalty of perjury: 
I am a Partner at the law firm Kozyak Tropin & Throckmorton LLP. I submit this declaration in 
support of the Administrative Motion for Enlargement of Page Limits Applicable to Respondent’s Cross-
Motion to Vacate and For Extension of Time to Respond to Petitioner’s Motion to Confirm. I make this 
declaration based on my own personal knowledge. If called to do so, I could and would testify to the 
matters contained herein. 
1. 
The Small Business Administration is a federal agency that manages the Paycheck 
Protection Program (“PPP”). The PPP provided liquidity to small businesses during the COVID-19 
pandemic so that those businesses could cover their payroll expenses. Benworth, a licensed PPP lender, 
provided such loans, mainly to minority-owned businesses with assistance from Womply. Womply 
prepared and referred PPP loan application to Benworth.  
2. 
A dispute arose between Benworth and Womply, which resulted in the JAMS arbitration 
styled Oto Analytics, Inc. v. Benworth Capital Partners LLC, JAMS Ref. No. 1210038203 (the 
“Arbitration”). 
3. 
The presentation of evidence at the Arbitration’s final hearing lasted seven days and the 
parties’ closing arguments followed in a separate session. As a result, the record at this stage is 
extensive—the appendix to the Petition includes over 4,000 pages of evidence. 
4. 
Womply’s Motion to Confirm the arbitration award (“Womply’s Motion”) was filed on 
August 20, 2024. (ECF No. 41). Under Local Rule 7-3, Benworth’s response is due on September 3, 
2024. 
5. 
On Sunday, August 25, 2024, counsel for Benworth invited counsel for Womply to confer 
on Monday. Benworth followed up on that request on Monday, August 26, 2024. 
6. 
In its invitation to confer, Benworth proposed a consolidated briefing schedule whereby 
Benworth converts its Petition to Vacate filed in the Vacatur Action into a cross-motion to vacate in the 
instant action. Instead of filing an opposition in the Vacatur Action, Womply will oppose Benworth’s 
cross-motion and then Benworth will reply to that. 
7. 
Benworth has requested that the Court enlarge the page limit applicable to its cross-
motion. Until the Court rules on that issue, Benworth is unable to finalize its cross-motion and response 
Case 4:24-cv-03975-AMO     Document 46-1     Filed 08/26/24     Page 2 of 4

 
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DECLARATION OF DWAYNE A. ROBINSON, ESQ. IN SUPPORT OF 
RESPONDENT’S ADMINISTRATIVE MOTION 
Case No. 3:24-cv-03975-AMO 
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to Womply’s Motion. Without the benefit of the Court’s ruling on the page limit, it would be prejudicial 
to require Benworth to respond to Womply’s Motion by the September 3 deadline imposed by Local 
Rule 7-3. 
8. 
The following scheduling modification occurred in this case:  
a. 
On July 16, the Court vacated the ADR and Rule 26 discovery deadlines set by the 
Initial Case Management Scheduling Order (ECF No. 20). 
b. 
On July 22, the Court granted the parties’ stipulation to extend Benworth’s 
deadline to respond to Womply’s Petition to July 23, 2024. (ECF No. 25). 
9. 
The requested extension will not affect the schedule for the case because the hearing on 
Womply’s Motion is not until January 9, 2025.   
10. 
The parties are unable to stipulate to any of these issues because Womply has expressed 
that it intends to respond to the Petition to Vacate in the Vacatur Action and that it will not agree to an 
enlargement of the page limits nor to an extension of time. 
11. 
The parties agree that this action should be consolidated with Benworth v. Womply, 3:24-
cv-4840 (N.D. Cal) (the “Vacatur Action”) and intend submit a stipulation to consolidate.   
I declare under penalty of perjury under the laws of the United States that the foregoing is true 
and correct. Executed this August 26, 2024, at Miami, Florida. 
 
/s/ Dwayne A. Robinson 
 
 
Dwayne A. Robinson 
 
 
Case 4:24-cv-03975-AMO     Document 46-1     Filed 08/26/24     Page 3 of 4

 
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DECLARATION OF DWAYNE A. ROBINSON, ESQ. IN SUPPORT OF 
RESPONDENT’S ADMINISTRATIVE MOTION 
Case No. 3:24-cv-03975-AMO 
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ATTESTATION PURSUANT TO CIVIL LOCAL RULE 5-1(i)(3) 
Pursuant to Civil Local Rule 5-1(i)(3), the filer of this document attests that concurrence in the 
filing of this document has been obtained from the signatories above. 
 
Dated: August 26, 2024 
/s/ Simon S. Grille 
 
 
 
Simon S. Grille 
 
Case 4:24-cv-03975-AMO     Document 46-1     Filed 08/26/24     Page 4 of 4

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