Court filing
Exhibit 11 — Oto Analytics, LLC v. Benworth Capital Partners PR LLC (Dkt. 182.12)
No. 3:23-cv-01034-GMM · Doc. 182-12 · Docket on CourtListener
Summary
Exhibit 11, Doc. 182-12, filed December 6, 2024 in Oto Analytics, LLC v. Benworth Capital Partners PR LLC, No. 3:23-cv-01034-GMM, consolidated with Civil No. 24-01313 (GMM), in the U.S. District Court for the District of Puerto Rico. It contains Bernardo Navarro's Answers and Objections to Oto Analytics LLC's First Set of Interrogatories, dated the 7th day of October 2024. After general objections, the answers state that he received 48 distribution payments from Benworth FL in 2021, 24 in 2022, 21 in 2023 and 5 in 2024, and that a supplementary response on payments from Benworth PR will follow. They state that since January 2021 he has owned 100% of Benworth FL and 1% of Benworth PR. The answers are signed by counsel Roberto A. Cámara-Fuertes, Jaime A. Torrens-Dávila and Mónica Ramos-Benítez.
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Case 3:23-cv-01034-GMM Document 182-12 Filed 12/06/24 Page 1 of 11
EXHIBIT 11
Case 3:23-cv-01034-GMM Document 182-12 Filed 12/06/24 Page 2 of 11
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF PUERTO RICO
OTO ANALYTICS, LLC,
Plaintiff,
v.
BENWORTH CAPITAL PARTNERS PR,
LLC; BENWORTH CAPITAL
Civil No. 23-01034 (GMM) cons.
PARTNERS, LLC; BERNARDO
NAVARRO and CLAUDIA NAVARRO, Civil No. 24-01313 (GMM)
Defendants.
FEDERAL RESERVE BANK OF SAN
FRANCISCO,
Plaintiff-Intervenor
v.
OTO ANALYTICS, LLC; BENWORTH
CAPITAL PARTNERS PR, LLC; et al.,
Defendants in Intervention.
FEDERAL RESERVE BANK OF SAN
FRANCISCO,
Consolidated Plaintiff,
v.
BENWORTH CAPITAL PARTNERS PR,
LLC, et al.,
Consolidated Defendants.
BERNARDO NAVARRO’S ANSWERS AND OBJECTIONS TO OTO ANALYTICS
LLC’S FIRST SET OF INTERROGATORIES
FROM: Bernardo Navarro
Through its attorneys:
Ferraiuoli LLC
Roberto A. Cámara-Fuertes
USDC-PR 219002
rcamara@ferraiuoli.com
Case 3:23-cv-01034-GMM Document 182-12 Filed 12/06/24 Page 3 of 11
Mr. Navarro’s Answers and Objections to Womply’s First Set of Interrogatories
Oto Analytics, LLC v. Benworth Capital Partners PR LLC, et al.
Civil No. 23-01034 (GMM) cons. Civil No. 24-01313 (GMM)
Page 2 of 10
Jaime A. Torrens-Dávila
USDC-PR 223810
jtorrens@ferraiuoli.com
Mónica Ramos-Benítez
USDC-PR 308405
mramos@ferraiuoli.com
TO: OTO ANALYTICS, LLC (“Womply”)
Through its attorneys:
Of Counsel:
Willkie Farr & Gallagher LLP
Alexander L. Cheney (admitted pro hac vice)
333 Bush Street
San Francisco, CA 94104
(415) 858-7400
acheney@willkie.com
Stuart R. Lombardi (admitted pro hac vice)
787 Seventh Avenue
New York, NY 10019
(212) 728-8882
slombardi@willkie.com
Joshua S. Levy (admitted pro hac vice)
1875 K Street, N.W.
Washington, D.C. 20006
(202) 303-1000
jlevy@willkie.com
Alejandro J. Cepeda Diaz
USDC-PR 222110
McConnell Valdés LLC
270 Muñoz Rivera Ave.
Hato Rey PR 00918
Tel: (787) 250-5637
Email: ajc@mcvpr.com
Pursuant to Rules 26 and 33 of the Federal Rules of Civil Procedure, Bernardo Navarro
(hereinafter, “Mr. Navarro”) hereby furnishes, through his attorneys, his Answers and Objections
to Womply’s First Set of Interrogatories (“Answers and Objections”), as follows:
Case 3:23-cv-01034-GMM Document 182-12 Filed 12/06/24 Page 4 of 11
Mr. Navarro’s Answers and Objections to Womply’s First Set of Interrogatories
Oto Analytics, LLC v. Benworth Capital Partners PR LLC, et al.
Civil No. 23-01034 (GMM) cons. Civil No. 24-01313 (GMM)
Page 3 of 10
PRELIMINARY STATEMENT
These Answers and Objections are based only upon the information currently available to
and specifically known as of the date hereof. Mr. Navarro reserves the right to amend or
supplement these Answers and Objections at any time in light of future investigation, research, or
analysis, and also expressly reserves the right to rely on, at any time, including in any other
proceeding, subsequently discovered information, or information omitted from these Answers and
Objections as a result of mistake, error, or inadvertence. Mr. Navarro has made reasonable efforts
to respond to the interrogatories, to the extent they have not been objected to, as Mr. Navarro
understands and interprets the interrogatories. If Womply subsequently asserts a meritorious
interpretation of the interrogatories that differs from Mr. Navarro’s interpretation, Mr. Navarro
reserves the right to supplement these Answers and Objections.
GENERAL OBJECTIONS
Mr. Navarro incorporates the following objections into each of its specific responses:
Mr. Navarro objects to each Interrogatory insofar as it (a) seeks information that is subject
to legal privileges, (b) seeks information that is not relevant to the claims or defenses in this action
or is not reasonably calculated to lead to the discovery of admissible evidence, (c) is vague,
ambiguous, overbroad or unduly burdensome, (d) seeks information that is not reasonably
accessible to Mr. Navarro, or is not within Mr. Navarro’s knowledge, (e) seeks information not in
Mr. Navarro’s possession, custody, or control, (f) seeks information that is already known by
Womply, or is equally or more easily accessible to Womply than to Mr. Navarro, and (g) purports
to impose upon Mr. Navarro an obligation beyond what is required by the Federal Rules of Civil
Procedure.
Specifically, Mr. Navarro objects to the requests to the extent they expressly or impliedly
Case 3:23-cv-01034-GMM Document 182-12 Filed 12/06/24 Page 5 of 11
Mr. Navarro’s Answers and Objections to Womply’s First Set of Interrogatories
Oto Analytics, LLC v. Benworth Capital Partners PR LLC, et al.
Civil No. 23-01034 (GMM) cons. Civil No. 24-01313 (GMM)
Page 4 of 10
seek information protected from disclosure by the Attorney-Client Privilege, the Attorney Work-
Product Doctrine, the Common Interest Privilege, or any other applicable privileges, doctrines, or
immunities protecting information from disclosure. Nothing in these Answers and Objections is
intended as, nor shall in any way be deemed, a waiver of any of these privileges, doctrines, or
immunities. Information protected by these privileges, doctrines, or immunities is not subject to
disclosure, and will not be provided. Mr. Navarro intends to and does assert any and all such
privileges with respect to all such information.
Mr. Navarro objects to each definition, instruction, and request to the extent it seeks
information that is confidential or proprietary in nature, or requests detailed information
concerning impressions, opinions and/or statements of factual witnesses. To the extent any term
defined or used in the interrogatory is used in responding to the interrogatories, it is not accepted
or conceded that any such term or definition is appropriate, descriptive, or accurate.
Mr. Navarro objects to the interrogatories to the extent that they require the search of
archives, backup files, or any information not readily accessible, including but not limited to any
audio, video, electronic recordings, telephone records, calendar entries, text messages or similar
forms of electronic messaging, which would be unduly burdensome and not proportional to the
needs of this case.
Mr. Navarro’s responses to each interrogatory are given without prejudice to Mr. Navarro’s
right to use or rely at any time, including trial, on subsequently discovered facts, information or
documents that may have been omitted from these responses by inadvertence, oversight or
otherwise.
Mr. Navarro generally objects to the interrogatories insofar as they raise questions of law
rather than fact or are contention interrogatories, normally reserved until the end of the discovery
Case 3:23-cv-01034-GMM Document 182-12 Filed 12/06/24 Page 6 of 11
Mr. Navarro’s Answers and Objections to Womply’s First Set of Interrogatories
Oto Analytics, LLC v. Benworth Capital Partners PR LLC, et al.
Civil No. 23-01034 (GMM) cons. Civil No. 24-01313 (GMM)
Page 5 of 10
period. A party may not be compelled to respond to such contention interrogatories at the early
stages of discovery other than to state the party’s current knowledge.
These Answers and Objections should not be construed as: (a) an admission as to the
propriety of any request, (b) an agreement as to erroneous assumptions or incorrect factual
predicates contained in any request, (c) an acknowledgement that documents or other items
responsive to any request exist, (d) a waiver of the General Objections or the objections asserted
in response to specific requests, (e) an admission as to the relevance or admissibility into evidence
of any documents, item or information, (f) an admission, concession, or waiver as to the validity
of any claim or defense asserted in this litigation, or (g) an agreement that requests for similar
documents, items or information will be treated in a similar manner.
Mr. Navarro states that these general objections are incorporated to all specific objections
set forth herein. To the extent that Mr. Navarro provides responses to the specific requests, the
stated objections are not waived by such responses pursuant to the Federal Rules of Civil
Procedure.
ANSWERS AND OBJECTIONS TO INTERROGATORIES
Interrogatory No. 1
Identify all payments or transfers received by You or a B. Navarro Entity from Benworth
FL, including the Dividend Payments, and for each payment or transfer, list the amount of the
payment or transfer; the date of the payments or transfer; and the reason for the payment or transfer.
Response to Interrogatory No. 1
Mr. Navarro objects to this interrogatory as it relates to “all” payments or transfers received
by “a B. Navarro Entity” from Benworth FL on the grounds that it is harassing and overly broad
to the extent it seeks information related to third persons or entities who are not parties to this
Case 3:23-cv-01034-GMM Document 182-12 Filed 12/06/24 Page 7 of 11
Mr. Navarro’s Answers and Objections to Womply’s First Set of Interrogatories
Oto Analytics, LLC v. Benworth Capital Partners PR LLC, et al.
Civil No. 23-01034 (GMM) cons. Civil No. 24-01313 (GMM)
Page 6 of 10
litigation and that are thus irrelevant to the matters in controversy. The request is speculative in
nature and amounts to an improper fishing expedition, seeking information that has no bearing on
the claims or defenses at issue in this case. Womply has not established the need or relevance of
any information pertaining to any other entities, besides Benworth FL and Benworth PR.
Without waiving any rights or objections, Mr. Navarro informs that, in the 2021 year, he
received 48 distribution payments from Benworth FL; in the 2022 year, he received 24 distribution
payments from Benworth FL; in the 2023 year, he received 21 distribution payments from
Benworth FL; and in the 2024 year, he has received 5 distribution payments from Benworth FL.
For the details of each transaction, see documents identified in Mr. Navarro’s Response to
Womply’s Request No. 4 for Production of Documents, submitted on this same date.
Interrogatory No. 2
Identify all payments or transfers received by You or a B. Navarro Entity from Benworth
PR, including, for each payment or transfer, the amount of the payment or transfer; the date of the
payments or transfer; and the reason for the payment or transfer.
Response to Interrogatory No. 2
Mr. Navarro objects to this request as it relates to “all” payments or transfers received by
“a B. Navarro Entity” from Benworth Capital Partners PR, LLC (“Benworth PR”) on the grounds
that it is harassing and overly broad to the extent it seeks information related to third persons or
entities who are not parties to this litigation and that are thus irrelevant to the matters in
controversy. The request is speculative in nature and amounts to an improper fishing expedition,
seeking information that has no bearing on the claims or defenses at issue in this case. Womply
has not established the need or relevance of any information pertaining to any other entities,
Case 3:23-cv-01034-GMM Document 182-12 Filed 12/06/24 Page 8 of 11
Mr. Navarro’s Answers and Objections to Womply’s First Set of Interrogatories
Oto Analytics, LLC v. Benworth Capital Partners PR LLC, et al.
Civil No. 23-01034 (GMM) cons. Civil No. 24-01313 (GMM)
Page 7 of 10
besides Benworth FL and Benworth PR. Without waiving any rights or objections, Mr. Navarro
informs that he is in the process of gathering the necessary information to respond to this
interrogatory and will be providing a supplementary response.
Interrogatory No. 3
Identify all accountants, auditors, accounting firms, and/or auditing firms that have
performed professional services for You.
Response to Interrogatory No. 3
Mr. Navarro objects this interrogatory for being overly broad, to the extent it requests
Benworth FL to identify “all” accountants, auditors, accounting firms, and/or auditing firms that
have performed professional services for Benworth FL, without specifying with reasonable
particularity the type, nature and scope of the “professional services” Womply is inquiring about.
Moreover, this interrogatory is objected for seeking information that is irrelevant to the claims or
defenses at issue in this case.
Without waiving any rights or objections, Mr. Navarro informs that he and his wife,
Claudia Navarro (“Mrs. Navarro”) have used the professional accounting services of Carlos
Somoza, of the firm Kauffman, Rossin & Co., P.A. (2021 - present), as well as Francisco Medina
and Raul Delgado Crespo, of the firm MD CPA LLC (2021 - present).
Interrogatory No. 4
Identify the entities (including trusts) in which You are, directly or indirectly, an owner,
shareholder, equityholder, partner, member, beneficiary, or beneficial owner for each year from
2021 to present, including for each entity in each year, Your ownership percentage.
Case 3:23-cv-01034-GMM Document 182-12 Filed 12/06/24 Page 9 of 11
Mr. Navarro’s Answers and Objections to Womply’s First Set of Interrogatories
Oto Analytics, LLC v. Benworth Capital Partners PR LLC, et al.
Civil No. 23-01034 (GMM) cons. Civil No. 24-01313 (GMM)
Page 8 of 10
Response to Interrogatory No. 4
Mr. Navarro objects to this interrogatory on the grounds that it is overly broad to the extent
it seeks information related to third persons or entities who are not parties to this litigation and that
is thus irrelevant to the matters in controversy. The request is speculative in nature and seeks
information that has no bearing on the claims or defenses at issue in this case. Womply has not
established the need or relevance of any information pertaining to any other entities, besides
Benworth FL and Benworth PR. Without waiving any rights or objections, Mr. Navarro informs
that, from January 2021 to present, he has been 100% owner of Benworth FL, and 1% owner of
Benworth PR.
Interrogatory No. 5
Identify all of Your home address(es) from 2021 to 2024.
Response to Interrogatory No. 5
Mr. Navarro informs that, from January 1, 2021 to present, his only two home addresses
have been 6624 SW 69th Ave., Miami, FL 33134, and 11 The Estates, Dorado, PR 00646, the latter
being his and Mrs. Navarro’s current home address.
[CERTIFICATION OF DECLARANT ON THE FOLLOWING PAGE]
Case 3:23-cv-01034-GMM Document 182-12 Filed 12/06/24 Page 10 of 11
Case 3:23-cv-01034-GMM Document 182-12 Filed 12/06/24 Page 11 of 11
Mr. Navarro’s Answers and Objections to Womply’s First Set of Interrogatories
Oto Analytics, LLC v. Benworth Capital Partners PR LLC, et al.
Civil No. 23-01034 (GMM) cons. Civil No. 24-01313 (GMM)
Page 10 of 10
Pursuant to Rule 33 of the Federal Rules of Civil Procedure, all objections stated above are
subscribed in San Juan, Puerto Rico, this 7th day of October, 2024.
CERTIFICATE OF SERVICE: We hereby certify that on this same date we served copy
of the foregoing responses to discovery requests to all parties’ counsel appearing in this case, via
electronic mail at their electronic address of record.
In San Juan, Puerto Rico, on this 7th day of October 2024.
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
rcamara@ferraiuoli.com
s/ Jaime A. Torrens-Dávila
Jaime A. Torrens-Dávila
USDC-PR 223810
jtorrens@ferraiuoli.com
s/ Mónica Ramos Benítez
Mónica Ramos-Benítez
USDC-PR 308405
mramos@ferraiuoli.com
Counsel for Benworth Capital Partners, LLC and Bernardo Navarro
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