Court filing

Exhibit 6 — Oto Analytics, LLC v. Benworth Capital Partners PR LLC (Dkt. 182.7)

No. 3:23-cv-01034-GMM · Doc. 182-7 · Docket on CourtListener

Summary

Exhibit 6, filed December 6, 2024 as Document 182-7 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 Claudia Navarro, dated July 19, 2024, asking for sworn answers by August 19, 2024. Its definitions include the Loan Servicing Agreement dated May 31, 2021 and the Amended Loan Servicing Agreement dated September 23, 2021 between Benworth FL and Benworth PR. The five interrogatories ask Ms. Navarro to identify payments received from Benworth FL and Benworth PR, accountants and auditors, entities in which Ms. Navarro holds an interest, and home addresses on January 1 of 2021 through 2024. The interrogatories cover January 1, 2021 to the present and are signed for the plaintiff by Alejandro J. Cepeda Diaz.

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Case 3:23-cv-01034-GMM Document 182-7 Filed 12/06/24 Page 1 of 8

EXHIBIT 6
Case 3:23-cv-01034-GMM Document 182-7 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 CLAUDIA 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 Claudia 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 182-7 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. “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.

5. “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.

6. “C. Navarro Entity” refers to (i) any entity in which Ms. Navarro has or had voting

or operational control during the Relevant Time Period; (ii) any entity in which Ms. 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 Ms. Navarro is or was a beneficiary or

beneficial owner during the Relevant Time Period.

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.

-2-
Case 3:23-cv-01034-GMM Document 182-7 Filed 12/06/24 Page 4 of 8

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. “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.

10. “LSA” refers to the Loan Servicing Agreement, dated May 31, 2021, by and

between Benworth FL and Benworth PR.

11. “Mr. Navarro” refers to Defendant Bernardo Navarro.

12. “Ms. Navarro” refers to Defendant Claudia 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,

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 Ms. Navarro.

-3-
Case 3:23-cv-01034-GMM Document 182-7 Filed 12/06/24 Page 5 of 8

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

Definition or Instruction applicable thereto, answer the portion of the Interrogatory which You do

not object.

-4-
Case 3:23-cv-01034-GMM Document 182-7 Filed 12/06/24 Page 6 of 8

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 C. Navarro Entity from

Benworth FL, 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 C. 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.

3. Identify all accountants, auditors, accounting firms, and/or auditing firms that have

performed professional services for You.

-5-
Case 3:23-cv-01034-GMM Document 182-7 Filed 12/06/24 Page 7 of 8

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 Your home address on each of the following dates: January 1, 2021;

January 1, 2022; January 1, 2023; and January 1, 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

-6-
Case 3:23-cv-01034-GMM Document 182-7 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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