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Affidavit Declaration of Joshua S. Levy — Oto Analytics, LLC v. Benworth Capital Partners PR LLC (Dkt. 182.1)

Summary

A declaration of Joshua S. Levy of Willkie Farr & Gallagher, LLP, counsel for plaintiff Womply, filed 12/06/24 as Document 182-1 in Oto Analytics, LLC v. Benworth Capital Partners PR LLC, Civil No. 23-01034 (GMM), consolidated with Civil No. 24-01313 (GMM), District of Puerto Rico. The caption also shows the Federal Reserve Bank of San Francisco as plaintiff-intervenor. The declaration supports Womply's motion to compel interrogatory answers from the Navarros and documents from the Navarros and the two Benworth companies. It attaches exhibits including independent auditors' reports on Benworth PR's financial statements, Benworth FL's shareholder distribution transactions as of October 2, 2024, Benworth PR's bank transfers to the Navarros, and Womply's discovery requests dated July 19, 2024.

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“Affidavit Declaration of Joshua S. Levy — Oto Analytics, LLC v. Benworth Capital Partners PR LLC (Dkt. 182.1).” Original at ecf.prd.uscourts.gov, No. 3:23-cv-01034-GMM, Doc. 182-1. Archived at Pandemic Darlings, https://pandemicdarlings.com/court-filings/full-docket-oto-benworth-prd-175040/2024-12-06-gov-uscourts-prd-175040-182-1-doc-182-1/, SHA-256 6cf5f2205baa39451570c44055c6425b6693a55f920ab231c740c899b26e9f97.

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         Case 3:23-cv-01034-GMM          Document 182-1        Filed 12/06/24      Page 1 of 4




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

    OTO ANALYTICS, LLC,                             §
                                                    §
                      Plaintiff,                    §
                                                    §
    v.                                              §
                                                    §
    BENWORTH CAPITAL PARTNERS PR                    §
    LLC; BENWORTH CAPITAL PARTNERS,                 §
    LLC; BERNARDO NAVARRO and                       §
                                                         Civil No. 23-01034 (GMM) cons. Civil
    CLAUDIA NAVARRO,                                §
                                                         No. 24-01313 (GMM)
                                                    §
                      Defendants.                   §
                                                    §
    FEDERAL RESERVE BANK OF SAN                     §
    FRANCISCO,                                      §
                                                    §
                      Plaintiff-Intervenor,         §
                                                    §
    v.                                              §
    OTO ANALYTICS, LLC; BENWORTH                    §
    CAPITAL PARTNERS PR, LLC;                       §
    BENWORTH CAPITAL PARTNERS, LLC;                 §
    BERNARDO NAVARRO and CLAUDIA                    §
    NAVARRO,                                        §
                                                    §
                      Defendants in Intervention.   §


                                   DECLARATION OF Joshua S. Levy

          I, Joshua S. Levy, pursuant to 28 U.S.C. § 1746, hereby declare as follows:

          1.     I am a member of the bars of Washington, D.C. and New York, am admitted pro

hac vice in the United States District Court for the District of Puerto Rico, and am an attorney at

the law firm of Willkie Farr & Gallagher, LLP, counsel for Plaintiff Womply.1

          2.     I respectfully submit this declaration to provide this Court with certain information

referenced in Womply’s Motion to Compel (1) Responses to Interrogatory Nos. 1, 2, and 4 to the


1
    Capitalized terms have the same meanings as in Womply’s Motion unless otherwise indicated.
     Case 3:23-cv-01034-GMM           Document 182-1       Filed 12/06/24     Page 2 of 4




Navarros; (2) Documents Responsive to Document Requests Nos. 6, 7, 11, and 12 to the Navarros;

and (3) Documents Responsive to Document Request No. 18 to Benworth FL and Benworth PR.

This declaration is based on my personal knowledge or information provided to me.

       3.     Attached hereto as Exhibit 1 is a true and correct copy of an independent auditors’

report of Benworth PR’s financial statements, dated November 21, 2022, bearing Bates number

Defendants_00226905.

       4.     Attached hereto as Exhibit 2 is a true and correct copy of an independent auditors’

report of Benworth PR’s financial statements, dated November 13, 2023, bearing Bates number

Defendants_00227702.

       5.     Attached hereto as Exhibit 3 is a true and correct copy of Benworth FL’s

Shareholder Distribution transactions as of October 2, 2024, bearing Bates number

Defendants_00227697.

       6.     Attached hereto as Exhibit 4 is a true and correct copy of Benworth PR’s bank

transfers to the Navarros from October 17, 2021 to March 28, 2024, bearing Bates number

Defendants_00240127.

       7.     Attached hereto as Exhibit 5 is a true and correct copy of Womply’s First Set of

Interrogatories to Mr. Navarro dated July 19, 2024.

       8.     Attached hereto as Exhibit 6 is a true and correct copy of Womply’s First Set of

Interrogatories to Mrs. Navarro dated July 19, 2024.

       9.     Attached hereto as Exhibit 7 is a true and correct copy of Womply’s First Set of

Requests for Production to Mr. Navarro dated July 19, 2024.

       10.    Attached hereto as Exhibit 8 is a true and correct copy of Womply’s First Set of

Requests for Production to Mrs. Navarro dated July 19, 2024.



                                               -2-
     Case 3:23-cv-01034-GMM          Document 182-1        Filed 12/06/24        Page 3 of 4




        11.   Attached hereto as Exhibit 9 is a true and correct copy of Womply’s First Set of

Requests for Production to Benworth FL dated July 19, 2024.

        12.   Attached hereto as Exhibit 10 is a true and correct copy of Womply’s First Set of

Requests for Production to Benworth PR dated July 19, 2024.

        13.   Attached hereto as Exhibit 11 is a true and correct copy of Mr. Navarro’s Answers

and Objections to Womply’s First Set of Interrogatories dated October 7, 2024.

        14.   Attached hereto as Exhibit 12 is a true and correct copy of Mrs. Navarro’s Answers

and Objections to Womply’s First Set of Interrogatories dated October 7, 2024.

        15.   Attached hereto as Exhibit 13 is a true and correct copy of Mr. Navarro’s

Supplemental Answers and Objections to Womply’s First Set of Interrogatories dated October 11,

2024.

        16.   Attached hereto as Exhibit 14 is a true and correct copy of Mrs. Navarro’s

Supplemental Answers and Objections to Womply’s First Set of Interrogatories dated October 11,

2024.

        17.   Attached hereto as Exhibit 15 is a true and correct copy of Mr. Navarro’s Answers

and Objections to Womply’s First Set of Requests for Production of Documents dated October 7,

2024.

        18.   Attached hereto as Exhibit 16 is a true and correct copy of Mrs. Navarro’s Answers

and Objections to Womply’s First Set of Requests for Production of Documents dated October 7,

2024.

        19.   Attached hereto as Exhibit 17 is a true and correct copy of Benworth FL’s Answers

and Objections to Womply’s First Set of Requests for Production of Documents dated October 7,

2024.



                                              -3-
     Case 3:23-cv-01034-GMM           Document 182-1        Filed 12/06/24       Page 4 of 4




        20.    Attached hereto as Exhibit 18 is a true and correct copy of Benworth PR’s Answers

and Objections to Womply’s First Set of Requests for Production of Documents dated October 7,

2024.

        21.    Attached hereto as Exhibit 19 is a true and correct copy of an email thread between

counsel for Womply and counsel for Defendants, dated October 7 to November 11, 2024.



        I declare under penalty of perjury that the foregoing is true and correct. Executed this

6th day of December 2024 in Charlottesville, Virginia.

                                                            /s/ Joshua S. Levy
                                                            Joshua S. Levy




                                               -4-


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