Court filing
Second Joint Motion Requesting Modification of the… — Oto Analytics, LLC v. Benworth Capital Partners PR LLC (Dkt. 227)
No. 3:23-cv-01034-GMM · Doc. 227 · Docket on CourtListener
Summary
A Second Joint Motion Requesting Modification of the Case Management Order, filed April 4, 2025 as Document 227 in Federal Reserve Bank of San Francisco 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 Reserve Bank and defendants Benworth Capital Partners PR LLC, Benworth Capital Partners LLC, Bernardo Navarro and Claudia Navarro jointly ask the court to modify the Third Amended CMO (ECF No. 219). The motion recounts the court's March 24, 2025 orders granting the Motions to Compel and its April 2, 2025 opinion and order denying a motion to dismiss (ECF No. 225). It proposes moving completion of fact discovery from May 9, 2025 to June 9, 2025, setting August 8, 2025 for fact depositions and moving the conclusion of all discovery to December 15, 2025. The seven-page motion closes with a certificate of service.
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Case 3:23-cv-01034-GMM Document 227 Filed 04/04/25 Page 1 of 7
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF PUERTO RICO
FEDERAL RESERVE BANK OF SAN Civil No. 23-01034 (GMM)
FRANCISCO,
Plaintiff,
v.
BENWORTH CAPITAL PARTNERS
PR, LLC; BENWORTH CAPITAL
PARTNERS, LLC; BERNARDO
NAVARRO and CLAUDIA NAVARRO,
Defendants.
SECOND JOINT MOTION REQUESTING MODIFICATION
OF THE CASE MANAGEMENT ORDER
COME NOW Plaintiff Federal Reserve Bank of San Francisco (the “Reserve Bank”) and
Defendants Benworth Capital Partners PR LLC (“Benworth PR”), Benworth Capital Partners LLC
(“Benworth FL”), Bernardo Navarro (“Mr. Navarro”), and Claudia Navarro (together with Mr.
Navarro, the “Navarros”; collectively, “Defendants”; together with the Reserve Bank, the
“Parties”) by and through undersigned counsel, and respectfully request that this Court modify the
operative court deadlines for the following reasons:
1. On September 3, 2024, the Court issued a Case Management Order (ECF No. 161,
the “CMO”), establishing the pretrial schedule for this matter.
2. On October 30, 2024, the Parties filed a Joint Status Report (ECF No. 178),
requesting the Court’s approval to extend the deadlines in the CMO for (i) substantial completion
of document discovery and (ii) responses to Defendants’ document requests, in light of delays in
the discovery process. On October 31, 2024, the Court issued an Amended Case Management
Order (ECF No. 179, the “Amended CMO”).
Case 3:23-cv-01034-GMM Document 227 Filed 04/04/25 Page 2 of 7
3. On December 2, 2024, the Parties filed another Joint Status Report (ECF No. 181)
highlighting concerns about the ongoing discovery process, including Plaintiff’s concern that
Defendants were not on track to meet the discovery deadlines in the Amended CMO.
4. On December 16, 2024, the Court held a Status Conference to address the Parties’
concerns. See ECF No. 190.
5. On December 17, 2024, in light of the matters discussed at the Status Conference
and in the Joint Status Report (ECF No. 181), the Court issued a further Amended Case
Management Order (ECF No. 191, the “Second Amended CMO”) further adjusting the operative
discovery deadlines.
6. On March 4, 2025, the Parties filed a Joint Motion Requesting Modification of the
Case Management Order (ECF No. 216, the “First Joint Motion”) highlighting concerns regarding
compliance with the Second Amended CMO in light of several unresolved key discovery issues
and Plaintiff’s then-pending Motions to Compel discovery from Defendants relating to (i) entities
owned or controlled by the Navarros (ECF Nos. 182, 188), and (ii) accounting data from
Defendants’ QuickBooks database (ECF No. 200, collectively with ECF Nos. 182 and 188, the
“Motions to Compel”). On March 5, 2025, the Court granted the First Joint Motion, further
adjusting the operative discovery deadlines (ECF No. 219, the “Third Amended CMO”).1
7. On March 24, 2025, the Court entered orders granting the Motions to Compel (ECF
Nos. 223, 224) and requiring Defendants to produce documents (as it relates to ECF Nos. 182 and
184) or meet and confer to discuss a mode of compliance (as it relates to ECF No. 200) on or
before April 11, 2025.
1
The Parties noted the Court’s entry of the Third Amended CMO, as well as unresolved key discovery issues in
the Joint Status Report dated March 5, 2025 (ECF No. 221).
2
Case 3:23-cv-01034-GMM Document 227 Filed 04/04/25 Page 3 of 7
8. On March 31, 2025, the Parties met and conferred regarding certain unresolved key
discovery issues (including those referenced in the First Joint Motion) and compliance with
Court’s orders granting the Motions to Compel. At this time, such discussions remain ongoing.2
9. On April 2, 2025, the Court entered an opinion and order (ECF No. 225) denying
Benworth FL’s motion to dismiss the Reserve Bank’s complaint (ECF No. 169), which was joined
by Benworth PR and the Navarros (ECF No. 170). Defendants’ answers and affirmative defenses
to the Reserve Bank’s complaint, which are due on April 16, 2025, will further define the scope
of the issues and discovery in this case.
10. For the foregoing reasons, and because of the likelihood of additional discovery-
related issues arising out of compliance with the Motions to Compel and Defendants’ forthcoming
answers and affirmative defenses, the Parties have conferred and agreed to jointly propose further
modifications to the Third Amended CMO that will accommodate the complexities and
uncertainties related to the unresolved discovery matters and avoid prejudicing the Parties. The
jointly proposed modifications are as follows:
Event Current Proposed Deadline
Deadline
Completion of fact discovery May 9, 2025 June 9, 2025
(other than depositions)
Exchange of final privilege N/A June 23, 2025
logs
Completion of fact depositions N/A August 8, 2025
Deadline for Parties to June 16, 2025 No later than August 15,
disclose experts and expert 2025, parties to submit to
witness summaries as required Court a schedule as it
by Fed. R. Civ. P. 26(a)(2) pertains to expert
disclosures and submission
of reports
2
For additional details regarding such discussions, the Parties refer the Court to the Joint Status Report filed
contemporaneously herewith.
3
Case 3:23-cv-01034-GMM Document 227 Filed 04/04/25 Page 4 of 7
Deadline for Parties to July 28, 2025 Pursuant to schedule
disclose expert reports as submitted no later than
required by Fed. R. Civ. P. August 15, 2025
26(a)(2)(B)
Deadline for Parties to submit August 26, 2025 Pursuant to schedule
rebuttal expert reports submitted no later than
August 15, 2025
Conclusion of all discovery September 15, December 15, 2025
2025
Deadline to file dispositive October 14, 2025January 29, 2026
motions
Deadline to file oppositions to October 29, 2025 February 14, 2026
dispositive motions
11. The requested modifications are necessary due to the factors as discussed herein,
which justify additional time to ensure a fair and thorough discovery process.
12. First, in light of ongoing discovery-related discussions and potential contingencies
that may arise from compliance with the Motions to Compel as well as additional discovery that
may arise in connection with Defendants’ forthcoming answers and affirmative defenses, the
Parties propose bifurcating the deadlines for completion of fact discovery and the completion of
fact depositions, as well as a modest enlargement from the current May 9, 2025 deadline for both.
The proposed deadline for fact depositions, which is effectively co-extensive with the completion
of fact discovery, is commensurate with the enlargement previously granted by the Court. See
Second Amended CMO (extending deadline for completion of fact discovery from March 7, 2025
to May 9, 2025, a total of 63 days).
13. Second, as depositions rely on the completion of fact discovery, the Parties propose
submission of a separate expert-only schedule following completion of fact discovery and
depositions (with an outside date of August 15, 2025) to potentially avoid the need to seek
adjustment of the overall case schedule.
4
Case 3:23-cv-01034-GMM Document 227 Filed 04/04/25 Page 5 of 7
14. Finally, the remaining deadlines for conclusion of all discovery and the filing of
dispositive motions and the oppositions thereto have been enlarged by approximately the same
amount as the proposed enlargement of the deadline for conclusion of fact discovery.
15. Furthermore, the extension of the deadlines will not prejudice any Party, as these
modifications are being jointly proposed in the interest of fairness and judicial economy.
16. For these reasons, the Parties respectfully request that the Court grants this joint
motion and, accordingly, enters an order modifying the Third Amended CMO.
Respectfully submitted in San Juan, Puerto Rico on April 4, 2025.
O’NEILL & BORGES LLC FERRAIUOLI LLC
By: /s/ Antonio L. Roig Lorenzo By: /s/ Roberto A. Cámara Fuertes
Antonio L. Roig Lorenzo Roberto A. Cámara Fuertes
USDC-PR No. 207712 USDC-PR 219002
Salvador J. Antonetti Stutts Jaime A. Torrens-Davila
USDC-PR No. 215002 Monica Del Pilar Ramos-Benitez
Ubaldo M. Fernández Barrera Ferraiuoli LLC
USDC-PR No. 224807 PO Box 195168
Aníbal A. Román Medina San Juan, PR 00919-5168
USDC-PR No. 308410 (787) 766-7000
250 Muñoz Rivera Ave., Ste. 800 (787) 766-7001
San Juan, PR 00918-1813 rcamara@ferraiuoli.com
(787) 764-8181 jtorrens@ferraiuoli.com
antonio.roig@oneillborges.com mramos@ferraiuoli.com
salvador.antonetti@oneillborges.com
ubaldo.fernandez@oneillborges.com
anibal.roman@oneillborges.com
CLEARY GOTTLIEB STEEN &
HAMILTON LLP
Thomas S. Kessler (admitted pro hac vice)
One Liberty Plaza
New York, New York 10006
(212) 225-2000
tkessler@cgsh.com
Attorneys for the Federal Reserve Bank of
San Francisco
5
Case 3:23-cv-01034-GMM Document 227 Filed 04/04/25 Page 6 of 7
KOZYAK TROPIN &
THROCKMORTON
Dwayne Robinson
Michael R. Lorigas
Rasheed K. Nader
2525 Ponce de Leon Boulevard,
9th Fl.
Miami, Florida 33134
(305) 372-1800
drobinson@kttlaw.com
mlorigas@kttlaw.com
rnader@kttlaw.com
Attorneys for Benworth Capital
Partners LLC and Bernardo
Navarro
CASELLAS ALCOVER &
BURGOS, P.S.C.
By: /s/ Carla S. Loubriel
Carla S. Loubriel
USDC-PR 227509
Ricardo F. Casellas
USDC-PR 203114
208 Ponce de Leon Ave.
Popular Center Bldg. Suite 1400
Hato Rey, PR 00918
(787) 756-1400
cloubriel@cabprlaw.com
rcasellas@cabprlaw.com
Attorneys for Defendants
Benworth Capital Partners PR
LLC and Claudia Navarro
6
Case 3:23-cv-01034-GMM Document 227 Filed 04/04/25 Page 7 of 7
CERTIFICATE OF SERVICE
I certify that on April 4, 2025, I filed a copy of the foregoing document using the Court’s
CM/ECF system, which will automatically generate a Notice of Electronic Filing to all counsel of
record in this matter.
s/ Aníbal A. Román Medina
7
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