Court filing
Exhibit 5 — Oto Analytics, LLC v. Benworth Capital Partners PR LLC (Dkt. 182.6)
No. 3:23-cv-01034-GMM · Doc. 182-6 · Docket on CourtListener
Summary
Exhibit 5, filed December 6, 2024 as Document 182-6 in Oto Analytics, LLC v. Benworth Capital Partners PR LLC, No. 3:23-cv-01034-GMM, in the U.S. District Court for the District of Puerto Rico. The exhibit is the plaintiff's First Set of Interrogatories to Defendant Bernardo Navarro, dated July 19, 2024, asking for sworn answers by August 19, 2024. Its definitions include Dividend Payments by Benworth FL to Mr. Navarro of "at least $48,240,502.75," as described in a complaint filed by the Federal Reserve Bank of San Francisco, Civil Action No. 3:24-cv-01313 (D.P.R.). The five interrogatories ask him to identify payments from Benworth FL and Benworth PR, his accountants, entities he owns an interest in, and his home addresses from 2021 to 2024. The interrogatories are signed for the plaintiff by Alejandro J. Cepeda Diaz.
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Case 3:23-cv-01034-GMM Document 182-6 Filed 12/06/24 Page 1 of 8
EXHIBIT 5
Case 3:23-cv-01034-GMM Document 182-6 Filed 12/06/24 Page 2 of 8
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF PUERTO RICO
OTO ANALYTICS, LLC, §
§
Plaintiff, §
§
v. § Civil Action No. 23-01034
§
BENWORTH CAPITAL PARTNERS PR §
LLC, BENWORTH CAPITAL PARTNERS §
LLC, BERNARDO NAVARRO and §
CLAUDIA NAVARRO, §
§
Defendants.
PLAINTIFF OTO ANALYTICS, LLC’S FIRST SET OF INTERROGATORIES TO
DEFENDANT BERNARDO NAVARRO
Pursuant to Rules 26 and 33 of the Federal Rules of Civil Procedure (“Federal Rules”),
Plaintiff Oto Analytics, LLC (f/k/a Oto Analytics, Inc. d/b/a Womply) (“Womply”) hereby
requests that, by August 19, 2024, Defendant Bernardo Navarro answer the following
interrogatories (the “Interrogatories”) separately and fully under oath and serve the answers in
the manner prescribed by the Federal Rules. The following Interrogatories are to be read in
accordance with the Definitions and Instructions below. Womply reserves the right to serve
additional Interrogatories.
DEFINITIONS
The following Definitions apply throughout these Interrogatories without regard to
capitalization.
1. “Action” refers to the above-captioned action styled Oto Analytics, LLC v.
Benworth Capital Partners PR LLC, et al., Civil Action No. 23-01034 (D.P.R.).
2. “ALSA” refers to the Amended Loan Servicing Agreement, dated September 23,
2021, by and between Benworth FL and Benworth PR.
Case 3:23-cv-01034-GMM Document 182-6 Filed 12/06/24 Page 3 of 8
3. “B. Navarro Deposition” refers to the deposition of Mr. Navarro in the JAMS
Arbitration styled, Oto Analytics, Inc. (d/b/a Womply) v. Benworth Capital Partners LLC, Ref.
No. 1210038203, on October 26, 2022, and December 16, 2022.
4. “B. Navarro Entity” refers to (i) any entity in which Mr. Navarro has or had voting
or operational control during the Relevant Time Period; (ii) any entity in which Mr. Navarro holds
or held a majority ownership or equity interest, either directly or indirectly, during the Relevant
Time Period; or (iii) any trust or similar entity for which Mr. Navarro is or was a beneficiary or
beneficial owner during the Relevant Time Period.
5. “Benworth FL” refers to Benworth Capital Partners LLC and its members,
managers, agents, partners, owners, associates, employees, representatives, consultants,
predecessors in interest, successors, subsidiaries, assignees, licensees, or other persons acting or
purporting to act on their behalf, and all of their present or former subsidiaries, divisions, and/or
affiliates.
6. “Benworth PR” refers to Benworth Capital Partners PR LLC and its members,
managers, agents, partners, owners, associates, employees, representatives, consultants,
predecessors in interest, successors, subsidiaries, assignees, licensees, or other persons acting or
purporting to act on their behalf, and all of their present or former subsidiaries, divisions, and/or
affiliates.
7. “Communication(s)” includes every manner or method of disclosure or transfer or
exchange of information however made. This includes without limitation communications
conducted in person, by telephone, mail, email, text message, chat, instant message, facsimile,
personal delivery, or otherwise.
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8. “Concerning” includes without limitation referring to, alluding to, responding to,
relating to, connected with, commenting on, in respect of, about, regarding, discussing, showing,
describing, mentioning, reflecting, analyzing, comprising, constituting, evidencing,
memorializing, pertaining to, and/or supporting.
9. “Dividend Payments” refers to the dividend payment(s) made by Benworth FL to
Mr. Navarro of “at least $48,240,502.75, a portion of which was paid between 2021 and 2023,” as
described in Paragraph 53 of the complaint filed in the action styled Federal Reserve Bank of San
Francisco v. Benworth Capital Partners PR LLC et al., Civil Action No. 3:24-cv-01313 (D.P.R.).
10. “Document(s)” includes without limitation any Communications, writings,
drawings, graphs, charts, photographs, phone records, tape recordings, notes, diaries, calendars,
checkbooks, books, papers, accounts, audio, electronic or videotape recordings, emails, text messages,
and any computer-generated, computer-stored, or electronically-stored matter, and other data
compilations from which information can be obtained and translated, if necessary, into reasonably
useable form, including documents stored on laptop computers, personal digital assistants (PDAs),
Blackberrys, iPhones, iPads, and other similar devices.
11. “LSA” refers to the Loan Servicing Agreement, dated May 31, 2021, by and
between Benworth FL and Benworth PR.
12. “Mr. Navarro” refers to Defendant Bernardo Navarro.
13. “Person” or “Persons” includes without limitation all natural persons,
corporations, partnerships, or other business associations and all other legal or governmental
entities or associations.
14. “Solicitation Process” refers to the process by which Benworth FL solicited
proposals for the services ultimately performed by Benworth FL under the LSA and/or the ALSA,
-3-
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including without limitation from “Professional Bank, Lendio, Lenders Cooperative and . . .
BDO”, as discussed in the B. Navarro Deposition at 285:4–287:16, 348:3–349:15.
15. “You,” “Your,” or “Yours” refer to Mr. Navarro.
16. To bring within the scope of these Requests all information that might otherwise be
construed to be outside of their scope, the following rules of construction apply: (i) the masculine,
feminine, or neutral pronoun shall not exclude other genders; (ii) the word “including” shall be
read to mean including without limitation; (iii) the present tense shall be construed to include the
past tense and vice versa; (iv) references to members, managers, employees, officers, directors,
owners, agents, or representatives shall include both current and former members, managers,
employees, officers, directors, owners, agents, and representatives; (v) the words “and” and “or”
shall be construed in the conjunctive or disjunctive, whichever makes the request more inclusive;
(vi) the words “any” and “all” are interchangeable; (vii) the use of the singular form of any word
includes the plural and vice versa.
17. All words and phrases not otherwise defined herein shall be construed in
accordance with their plain and ordinary meaning.
INSTRUCTIONS
1. For the purpose of reading, interpreting, or construing the scope of these
Interrogatories, the terms used shall be given their most expansive and inclusive interpretation.
2. Unless instructed otherwise, each Interrogatory shall be construed independently
and not by reference to any other Interrogatory for the purpose of limitation or exclusion.
3. You must answer each Interrogatory separately and fully, unless it is objected to.
If You object to any Interrogatory, or to any Definition or Instruction applicable thereto, state with
specificity the objection and legal basis for such objection with citations to appropriate legal
foundations for such objection. If You object to only a portion of the Interrogatory, or to any
-4-
Case 3:23-cv-01034-GMM Document 182-6 Filed 12/06/24 Page 6 of 8
Definition or Instruction applicable thereto, answer the portion of the Interrogatory which You do
not object.
4. If, in answering these Interrogatories, You claim any ambiguity in interpreting an
Interrogatory, or in a Definition or Instruction applicable thereto, You should not use that claim as
a basis for refusing to respond, but You shall set forth as part of Your response to such
Interrogatory the language deemed to be ambiguous and the interpretation used in responding to
the Interrogatory.
5. If You are unable to answer any Interrogatory in full after exercising due diligence
to secure necessary information, so state, answer to the extent possible, specify the reasons for
Your inability to answer or respond in full, and state whatever is available concerning the
unanswered portions.
6. Unless otherwise specified, these Interrogatories pertain to the period from January
1, 2021 to the present.
7. These Interrogatories are continuing in nature. If You discover further or different
information, You are required to file supplementary and amended answers relevant to any of these
Interrogatories.
INTERROGATORIES
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.
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.
-5-
Case 3:23-cv-01034-GMM Document 182-6 Filed 12/06/24 Page 7 of 8
3. Identify all accountants, auditors, accounting firms, and/or auditing firms that have
performed professional services for You.
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.
5. Identify all of Your home address(es) from 2021 to 2024.
Dated: July 19, 2024
Of Counsel:
Willkie Farr & Gallagher LLP Respectfully submitted,
Alexander L. Cheney (admitted pro hac vice) By: Alejandro J. Cepeda Diaz
333 Bush Street
San Francisco, CA 94104 Alejandro J. Cepeda Diaz
(415) 858-7400 USDC-PR 222110
acheney@willkie.com McConnell Valdés LLC
270 Muñoz Rivera Ave.
Stuart R. Lombardi (admitted pro hac vice) Hato Rey PR 00918
787 Seventh Avenue Tel: (787) 250-5637
New York, NY 10019 Email: ajc@mcvpr.com
(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 Attorneys for Plaintiff Oto
jlevy@willkie.com Analytics, LLC
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Case 3:23-cv-01034-GMM Document 182-6 Filed 12/06/24 Page 8 of 8
CERTIFICATE OF SERVICE
This is to certify that a true and correct copy of the foregoing document has been served
on the following counsel of record, this 19th day of July 2024, by electronic mail at the email
addresses indicated below:
Monica Del Pilar Ramos-Benitez Carla S. Loubriel
Roberto A. Camara-Fuertes Ricardo F. Casellas
Jaime A. Torrens-Davila CASELLAS ALCOVER &
FERRAIUOLI LLC BURGOS, P.S.C.
221 Ponce de Leon Ave. 208 Ponce de Leon Ave.
Suite 500 Popular Center Bldg. Suite 1400
San Juan, PR 00917 Hato Rey, PR 00918
(787) 766-7000 (787) 756-1400
mramos@ferraiuoli.com cloubriel@cabprlaw.com
rcamara@ferraiuoli.com rcasellas@cabprlaw.com
jtorrens@ferraiuoli.com
Counsel for Defendants Benworth
Jorge L. Piedra (admitted pro hac vice) Capital Partners PR LLC and
Dwayne Robinson (admitted pro hac vice) Claudia Navarro
Michael R. Lorigas (admitted pro hac vice)
Rasheed K. Nader (admitted pro hac vice)
KOZYAK TROPIN & THROCKMORTON
2525 Ponce de Leon Boulevard,
9th Fl.
Miami, Florida 33134
(305) 372-1800
jpiedra@kttlaw.com
drobinson@kttlaw.com
mlorigas@kttlaw.com
rnader@kttlaw.com
Counsel for Defendants Benworth Capital
Partners LLC and Bernardo Navarro
By: /s/ Alejandro J. Cepeda Diaz
Attorney for Plaintiff Oto Analytics, LLC
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