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Joint MOTION for extension of time until August 31,… — Oto Analytics, LLC v. Benworth Capital Partners PR LLC (Dkt. 82)

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Joint motion for brief extension of time to answer or otherwise plead against the complaint, filed 08/16/23 as Document 82 in Oto Analytics, LLC v. Benworth Capital Partners PR, LLC, Civil No. 23-01034 (GMM) in the U.S. District Court for the District of Puerto Rico. Defendants Bernardo and Claudia Navarro, appearing specially without submitting to the Court's jurisdiction or venue, say they received the summons published in El Nuevo Día newspaper on August 10, 2023, and that their deadline to respond is August 21, 2023. They ask for a brief extension of ten (10) days, until August 31, 2023, citing the length of the complaint and counsel's other commitments. A footnote asserts that the plaintiff has not filed proof of the service by publication as the Court ordered (D.E. 77).

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“Joint MOTION for extension of time until August 31,… — Oto Analytics, LLC v. Benworth Capital Partners PR LLC (Dkt. 82).” Original at ecf.prd.uscourts.gov, No. 3:23-cv-01034-GMM, Doc. 82. Archived at Pandemic Darlings, https://pandemicdarlings.com/court-filings/full-docket-oto-benworth-prd-175040/2023-08-10-gov-uscourts-prd-175040-82-0-gov-uscourts-prd-175040-82-0/, SHA-256 8063c6cfd0ba12bc6bd7df1c3907aabafa4ba415b190d50ee5becd1cdf9d27bd.

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Case 3:23-cv-01034-GMM Document 82 Filed 08/16/23 Page 1 of 3

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

OTO ANALYTICS, LLC,

Plaintiff,

v. Civil No. 23-01034 (GMM)

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

Defendants.

JOINT MOTION FOR BRIEF EXTENSION OF TIME TO ANSWER OR OTHERWISE
PLEAD AGAINST THE COMPLAINT

TO THE HONORABLE COURT:

COME NOW codefendants Bernardo and Claudia Navarro (“Mr. and Mrs. Navarro”), by

special appearance and without submitting to the jurisdiction or venue of this Honorable Court nor

waiving any defense, through the undersigned counsel, and very respectfully request as follows:

1. On August 10, 2023, Mr. and Mrs. Navarro received a copy of the summons

published in El Nuevo Día newspaper on July 21, 2023, the Court’s order granting leave for

summons by publication, and a redacted version of the Complaint. Per the summons, Mr. and

Mrs. Navarro must appear, plead, or answer within thirty (30) days from publication, which period

elapses on August 21, 2023.1

2. To date, Mr. and Mrs. Navarro have been diligently reviewing the allegations of

the 69-page Complaint, which contains extensive allegations that require careful consideration to

1
Plaintiff Oto Analytics, LLC f/k/a Oto Analytics, Inc. d/b/a Womply has not filed the corresponding documents
evidencing the service by publication attempted upon Mr. and Mrs. Navarro to show compliance with Fed. R. Civ. P.
4(e)(1) and Puerto Rico Rule of Civil Procedure 4.6 regarding service by publication, as Court ordered (D.E. 77).
Case 3:23-cv-01034-GMM Document 82 Filed 08/16/23 Page 2 of 3
Joint Motion for Brief Extension of Time…
Oto Analytics, LLC v. Benworth Capital Partners PR LLC, et al.
Civil No. 23-01034 (GMM)
Page 2 of 3

responsibly answer or otherwise plead as special defenses may apply to them that differ from those

raised by the corporate defendants, as well as analyzing information and/or documents material to

the allegations, and the applicable law. However, despite the efforts to complete this process

within the August 21 deadline, Mr. and Mrs. Navarro and the undersigned counsel hereby inform

that a brief extension of time is needed to prepare the responsive pleading or dispositive motion

and secure filing approval. The undersigned counsel anticipate that such process will be completed

in the next two (2) weeks. Moreover, the undersigned counsel for Mr. Navarro are also currently

engaged this week in several depositions and trials in various state court cases, which hinder their

ability to responsibly work on the responsive pleading or dispositive motion by the current

deadline of August 21. Accordingly, to be in position to file an adequate responsive pleading or

dispositive motion that complies with the strictures of Fed. R. Civ. P. 11, Mr. and Mrs. Navarro

and the undersigned counsel very respectfully request a brief extension of ten (10) days, until

August 31, 2023, to plead against the Complaint.

3. This brief extension is sought within the original term to answer or otherwise plead

against the Complaint, solely out of necessity, and will not cause unfair prejudice or unduly delay

proceedings, since pending before the Court is the corporate defendants’ Motion to Dismiss or

Stay Proceedings Pending the Outcome of Arbitration (D.E. 34 and 35). More importantly, the

extension will allow Mr. and Mrs. Navarro to file a responsive pleading or dispositive motion that

will aid the Court in adjudicating this case.

WHEREFORE, Mr. and Mrs. Navarro respectfully request that this Honorable Court

grant the instant motion and, consequently, allow a brief extension of ten (10) days, until August

31, 2023, to answer or otherwise plead against the Complaint.

CERTIFICATE OF SERVICE: We hereby certify that on this same date the foregoing
Case 3:23-cv-01034-GMM Document 82 Filed 08/16/23 Page 3 of 3
Joint Motion for Brief Extension of Time…
Oto Analytics, LLC v. Benworth Capital Partners PR LLC, et al.
Civil No. 23-01034 (GMM)
Page 3 of 3

motion was filed with the Clerk of the Court using the CM/ECF system, which will send

notification of such filing to all attorneys and participants of record.

RESPECTFULLY SUBMITTED.

In San Juan, Puerto Rico, this 16th day of August, 2023.

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 Bernardo Navarro

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 Claudia Navarro

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