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Joint MOTION for Leave to File Document Reply in… — Oto Analytics, LLC v. Benworth Capital Partners PR LLC (Dkt. 55)

No. 3:23-cv-01034-GMM · Doc. 55 · Docket on CourtListener

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Case 3:23-cv-01034-GMM Document 55 Filed 04/28/23 Page 1 of 3

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF PUERTO RICO

OTO ANALYTICS, LLC,

Plaintiff,

vs. Civil No. 23-1034 (GMM)

BENWORTH CAPITAL PARTNERS PR LLC,
BENWORTH CAPITAL PARTNERS LLC,
BERNARDO NAVARRO and CLAUDIA
NAVARRO,

Defendants.

JOINT MOTION FOR LEAVE TO FILE A REPLY
IN SUPPORT OF MOTIONS TO DISMISS AND REQUESTING
AN EXTENSION OF TIME TO FILE THE JOINT REPLY BRIEF

TO THE HONORABLE COURT:

COME NOW, codefendants Benworth Capital Partners LLC (“Benworth FL”) and

Benworth Capital Partners PR LLC (“Benworth PR”), specially appearing without submitting to

the Court’s jurisdiction, through the undersigned counsel, and respectfully submit this motion for

leave to file a reply in response to Plaintiff Womply’s Consolidated Memorandum of Law in

Opposition to Benworth Capital Partners PR LLC’s and Benworth Capital Partners LLC’s

Motions to Dismiss (D.E. 49), and for an extension of time of 10 days to file the reply brief, until

May 11, 2023.

1. On April 26, 2023, Plaintiff Womply filed its opposition to Benworth PR and

Benworth FL’s motions to dismiss.

2. Pursuant to Local Rule 7(c), Plaintiffs’ term to seek leave of court and file a reply

brief expires on May 1, 2023. Plaintiffs hereby timely move for leave to reply and seek an
Case 3:23-cv-01034-GMM Document 55 Filed 04/28/23 Page 2 of 3

extension of ten (10) days to file a reply brief, until May 11, 2023, pursuant to Local Rule 6, for

good cause shown.

3. Plaintiffs will respond to new arguments in the opposition and characterizations of

the movants’ arguments that are incorrect or misleading and require clarification. This includes,

without limitation, Plaintiff’s arguments surrounding their claim for prejudgment attachment, and

case law cited for the first time in the opposition brief.

4. The appearing defendants’ requested extension of ten (10) days, until May 11,

2023, to file their proposed reply is necessary due to various pre-scheduled conflicting deadlines

in other cases that will prevent the undersigned from responsibly completing the required research

and drafting of this reply by the current deadline of May 1. Moreover, certain of the undersigned

counsel who principally were engaged in briefing Benworth PR’s motion to dismiss had pre-

scheduled travel dates from April 27-May 1, that also conflict with the current deadline.

5. The undersigned certify that this request does not have a dilatory intent, and is

sought in the interest of justice, to ensure the Court has complete briefing on the matters pending

before it.

WHEREFORE, Benworth PR and Benworth FL respectfully request that the Court grant

them leave to file a joint reply in support of their motions at D.E. 34 and 35, by no later than May

11, 2023.

RESPECTFULLY SUBMITTED.

In San Juan, Puerto Rico, today April 28, 2023.

CERTIFICATION: The undersigned certify that this document was filed on this date with

the Clerk of Court using the CM/ECF system, which will serve notice on all attorneys of record.

[SIGNATURE PAGE FOLLOWS]

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Case 3:23-cv-01034-GMM Document 55 Filed 04/28/23 Page 3 of 3

FERRAIUOLI LLC
PO Box 195168
San Juan, PR 00919-5168
Tel.: 787.766.7000
Fax: 787.766.7001

s/ Roberto A. Cámara-Fuertes
Roberto A. Cámara-Fuertes
USDC-PR 219002
Email: rcamara@ferraiuoli.com

s/ Jaime A. Torrens-Dávila
Jaime A. Torrens-Dávila
USDC-PR 223810
Email: jtorrens@ferraiuoli.com

/s/ Mónica Ramos Benítez
Mónica Ramos-Benítez
USDC-PR 308405
Email: mramos@ferraiuoli.com

Counsel for Benworth Capital Partners LLC

CASELLAS ALCOVER & BURGOS PSC
PO Box 364924
San Juan, PR 00936-4924
Tel. (787) 756-1400
Fax. (787) 756-1401
rcasellas@cabprlaw.com
cloubriel@cabprlaw.com
/s/ Ricardo F. Casellas
USDC-PR Bar No. 203114
/s/ Carla S. Loubriel Carrión
USDC-PR Bar No. 227509

Counsel for Benworth Capital Partners PR LLC

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