Arbitrator's Discovery Order No. 1 (Exhibit 5) — OTO Analytics v. Benworth (N.D. Cal. No. 3:24-cv-03975)

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Discovery Order No. 1 from the Arbitrator, Alexander L. Brainerd, Esq., in a JAMS arbitration between Oto Analytics, Inc. dba Womply and Benworth Capital Partners, LLC, dated June 14, 2022. It appears as Exhibit 5, Document 1-6, in Case 4:24-cv-03975-AMO, filed July 1, 2024. The order follows a hearing on May 18, 2022 on a motion to compel production of documents responsive to Request Numbers 20, 28, and 32, and it grants the motion in part and denies it in part without prejudice. For Request Number 20, Womply is to seek approvals to produce contracts with other PPP lenders by no later than June 2, 2022. The motion is denied without prejudice as to Request Numbers 28 and 32.

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EXHIBIT 5 
 
 
 
Case 4:24-cv-03975-AMO     Document 1-6     Filed 07/01/24     Page 1 of 2

 
 
JAMS ARBITRATION CASE REFERENCE NO. 1210038203 
Oto Analytics, Inc. dba Womply, 
Claimant/Counter-Respondent, 
 
vs. 
 
Benworth Capital Partners, LLC, 
Respondent/Counter-Claimant. 
 
 
DISCOVERY ORDER NO. 1 
 
 
This cause came before the Arbitrator on hearing on May 18, 2022, upon 
Respondent/Counter-
 
 Claimant/Counter-
produce documents responsive to Request Numbers 20, 28, and 32 of 
and the arguments of counsel, the Arbitrator orders as follows: 
 
1. 
The Motion is granted in part and denied in part without prejudice. 
2. 
Request Number 20: Womply shall make good-faith efforts to obtain necessary 
approvals under contractual confidentiality provisions to produce to Benworth its contracts with 
other PPP lenders, and shall request such approvals by no later than June 2, 2022.  Womply shall 
make commercially reasonable efforts to produce to Benworth such contracts on a rolling basis 
within three business days of obtaining approval to do so. If any other PPP lender withholds its 
approval, then Womply shall notify Benworth of same within two business days of the other PPP 
lender notifying Womply of its decision to withhold approval. To the extent the other PPP lenders 
do not respond to Womply by June 10, 2022, then Womply shall confer with Benworth about this 
issue by June 15, 2022.  
3. 
Request Numbers 28 and 32: The Motion is denied without prejudice to Benworth 
renewing its Motion at a later stage in these proceedings. 
 
Dated: June __, 2022. 
 
________________________ 
 Alexander L. Brainerd, Esq. 
 Arbitrator 
 
 
DocuSign Envelope ID: 1A540DB6-2615-4475-8FB2-FB2A88FA3B88 
Claimant Benworth Capital Partners LLC's ("Benworth") motion to compel 
(the "Motion") 
Respondent Oto Analytics, Inc. d/b/a Womply ("Womply") to 
Ben worth' s Supplemental 
Requests for Production (the "Requests"). Having considered the Motion, Womply's response, 
6/14/2022 I 3:36 PM PDT 
Case 4:24-cv-03975-AMO     Document 1-6     Filed 07/01/24     Page 2 of 2

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