Proposed Order — Oto Benworth (Dkt. 63.1)

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U.S. District Court for the Northern District of California · No. 4:24-cv-03975-AMO · Doc. 63-1 · 2024-11-20 · Docket on CourtListener

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[PROPOSED] ORDER DENYING PETITION TO VACATE ARBITRATION AWARD AND GRANTING 
CROSS-PETITION TO CONFIRM ARBITRATION AWARD; [PROPOSED] JUDGMENT 
CASE NO. 3:24-cv-03975-AMO 
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UNITED STATES DISTRICT COURT 
NORTHERN DISTRICT OF CALIFORNIA 
SAN FRANCISCO DIVISION 
 
 
WILLKIE FARR & GALLAGHER LLP 
Alexander L. Cheney (SBN 302157) 
acheney@willkie.com 
Zoe Packman (SBN 347453) 
zpackman@willkie.com 
333 Bush Street, 34th Floor 
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 
OTO ANALYTICS, LLC, 
Petitioner, 
v. 
BENWORTH CAPITAL PARTNERS LLC, 
Respondent. 
 Case No. 3:24-cv-03975-AMO 
 
[PROPOSED] ORDER DENYING 
PETITION TO VACATE ARBITRATION 
AWARD AND GRANTING CROSS-
PETITION TO CONFIRM 
ARBITRATION AWARD;  
[PROPOSED] JUDGMENT 
 
Hon. Araceli Martínez-Olguín 
Case 4:24-cv-03975-AMO     Document 63-1     Filed 11/20/24     Page 1 of 4

 
 
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[PROPOSED] ORDER DENYING PETITION TO VACATE ARBITRATION AWARD AND GRANTING 
CROSS-PETITION TO CONFIRM ARBITRATION AWARD; [PROPOSED] JUDGMENT 
CASE NO. 3:24-cv-03975-AMO 
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[PROPOSED] ORDER 
Before the Court are cross-petitions concerning the Final Award dated June 26, 2024, in 
the JAMS arbitration captioned Oto Analytics, Inc. d/b/a Womply v. Benworth Capital Partners 
LLC, JAMS Ref. No. 1210038203: Respondent Benworth Capital Partners LLC’s (“Benworth”) 
Petition to Vacate Arbitration Award (3:24-cv-04840, ECF No. 1) and Petitioner Oto Analytics, 
LLC’s (“Womply”) Cross-Petition to Confirm Arbitration Award (3:24-cv-04840, ECF No. 25).  
The Court, having carefully considered the submissions, the record, the applicable law, and any 
arguments related thereto, hereby orders that Benworth’s Petition to Vacate is DENIED and 
Womply’s Cross-Petition to Confirm is GRANTED.  
PROCEDURAL BACKGROUND 
Womply filed a Petition to Confirm Arbitration Award on July 1, 2024, in the above-
entitled action.  (ECF No. 1.)  On August 7, 2024, Benworth filed a Petition to Vacate Arbitration 
Award in a new action, Case No. 3:24-cv-04840.  The parties briefed both petitions.  On October 
23, 2024, the Court consolidated the two actions and terminated all pending motions.  (ECF No. 
57.)  Following a case management conference, and pursuant to the Court’s guidance, the parties 
agreed to streamline the briefing on October 31, 2024.  (ECF No. 61.)  The parties agreed, with 
the Court’s approval, to: (1) deem Benworth’s Petition to Vacate as the operative motion in this 
action; (2) construe Womply’s Opposition (Case No. 3:24-cv-04840, ECF No. 25) as both an 
Opposition to Benworth’s Petition to Vacate and a Cross-Petition to Confirm Arbitration Award; 
(3) construe Benworth’s Reply (Case No. 3:24-cv-04840, ECF No. 33) as both a Reply in support 
of Benworth’s Petition to Vacate and a Response to Womply’s Cross-Petition to Confirm; and 
(4) permit Womply to a sur-reply in support of its Opposition. 
ANALYSIS 
Under the Federal Arbitration Act (“FAA”), “a court ‘must’ confirm an arbitration award 
‘unless’ it is vacated, modified, or corrected ‘as prescribed’ in §§ 10 and 11.”  Hall Street Assocs., 
L.L.C. v. Mattel, Inc., 552 U.S. 576, 582 (2008) (citing 9 U.S.C. § 9).  Judicial review of an 
arbitrator’s decision is “both limited and highly deferential.”  Schoenduve Corp. v. Lucent Techs., 
Inc., 442 F.3d 727, 730 (9th Cir. 2006) (quoting Poweragent Inc. v. Elec. Data Sys. Corp., 358 
Case 4:24-cv-03975-AMO     Document 63-1     Filed 11/20/24     Page 2 of 4

 
 
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[PROPOSED] ORDER DENYING PETITION TO VACATE ARBITRATION AWARD AND GRANTING 
CROSS-PETITION TO CONFIRM ARBITRATION AWARD; [PROPOSED] JUDGMENT 
CASE NO. 3:24-cv-03975-AMO 
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F.3d 1187, 1193 (9th Cir.2004)).  “Neither erroneous legal conclusions nor unsubstantiated 
factual findings justify federal court review of an arbitral award.”  Bosack v. Soward, 586 F.3d 
1096, 1102 (9th Cir. 2009) (cleaned up).  
Vacatur is not warranted here.  See Sanchez v. Elizondo, 878 F.3d 1216, 1221 (9th Cir. 
2018) (explaining there “is a very high standard for vacatur”) (cleaned up).  Benworth has not 
demonstrated that the Final Award is “completely irrational” or “exhibits a manifest disregard of 
the law.”  Id. at 1221–22.  Nor has Benworth shown that the Final Award violates “an explicit, 
well-defined, and dominant public policy.”  Va. Mason Hosp. v. Wash. State Nurses Ass’n, 511 
F.3d 908, 916 (9th Cir. 2007).  Accordingly, Benworth’s Petition to Vacate is DENIED, 
Womply’s Cross-Petition to Confirm is GRANTED, and the Final Award is CONFIRMED.  
 
IT IS SO ORDERED. 
 
Dated: _____________ 
 
 
 
 
____________________________ 
  
 
 
 
 
 
 
 
Hon. Araceli Martínez-Olguín 
  
 
 
 
 
 
 
 
United States District Judge  
 
 
Case 4:24-cv-03975-AMO     Document 63-1     Filed 11/20/24     Page 3 of 4

 
 
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[PROPOSED] ORDER DENYING PETITION TO VACATE ARBITRATION AWARD AND GRANTING 
CROSS-PETITION TO CONFIRM ARBITRATION AWARD; [PROPOSED] JUDGMENT 
CASE NO. 3:24-cv-03975-AMO 
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[PROPOSED] JUDGMENT 
Before the Court are cross-petitions concerning the Final Award dated June 26, 2024, in 
the JAMS arbitration captioned Oto Analytics, Inc. d/b/a Womply v. Benworth Capital Partners 
LLC, JAMS Ref. No. 1210038203: Respondent Benworth Capital Partners LLC’s (“Benworth”) 
Petition to Vacate Arbitration Award (3:24-cv-04840, ECF No. 1) and Petitioner Oto Analytics, 
LLC’s (“Womply”) Cross-Petition to Confirm Arbitration Award (3:24-cv-04840, ECF No. 25).  
The Court, having carefully considered the submissions, the record, the applicable law, and any 
arguments related thereto, enters Judgment as follows: 
It is hereby ADJUDGED, ORDERED, and DECREED that: 
1. Pursuant to 9 U.S.C. § 201 et seq., the Final Award, dated June 26, 2024, in the JAMS 
arbitration captioned Oto Analytics, Inc. d/b/a Womply v. Benworth Capital Partners 
LLC, JAMS Ref. No. 1210038203, is CONFIRMED.  
2. Benworth’s Petition to Vacate Final Arbitration Award is DENIED. 
3. In conformity with the Final Award, judgment is entered in favor of Oto Analytics, 
LLC and against Benworth Capital Partners LLC. 
 
 
Dated: _____________ 
 
 
 
 
____________________________ 
  
 
 
 
 
 
 
 
Hon. Araceli Martínez-Olguín 
  
 
 
 
 
 
 
 
United States District Judge 
Case 4:24-cv-03975-AMO     Document 63-1     Filed 11/20/24     Page 4 of 4

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