D.E. 84: Notice of Service by Publication on Defendants Bernardo and Claudia Navarro (Aug. 21, 2023) — Oto Analytics v. Benworth

Record facts

U.S. District Court for the District of Puerto Rico · No. 3:23-cv-01034-GMM · Doc. 84 · 2023-08-21 · Docket on CourtListener

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IN THE UNITED STATES DISTRICT COURT 
FOR THE DISTRICT OF PUERTO RICO 
OTO ANALYTICS, LLC, 
Plaintiff, 
v. 
BENWORTH CAPITAL PARTNERS PR 
LLC, BENWORTH CAPITAL PARTNERS 
LLC, BERNARDO NAVARRO and 
CLAUDIA NAVARRO, 
Defendants. 
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Civil Action No. 23-01034 (GMM) 
PLAINTIFF OTO ANALYTICS, LLC’S NOTICE OF SERVICE BY PUBLICATION ON 
DEFENDANTS BERNARDO NAVARRO AND CLAUDIA NAVARRO 
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 
Attorneys for Plaintiff Oto Analytics, LLC 
Alexander L. Cheney (admitted pro hac vice) 
Willkie Farr & Gallagher LLP 
One Front Street  
San Francisco, CA 94111 
(415) 858-7400
acheney@willkie.com
Joshua S. Levy (admitted pro hac vice) 
Willkie Farr & Gallagher LLP 
1875 K Street, N.W. 
Washington, D.C. 20006 
(202) 303-1000
jlevy@willkie.com
August 21, 2023 
Case 3:23-cv-01034-GMM   Document 84   Filed 08/21/23   Page 1 of 4

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TO THE HONORABLE COURT: 
COMES NOW Plaintiff Oto Analytics, LLC (f/k/a Oto Analytics, Inc. d/b/a Womply) 
(“Womply”), and respectfully requests that this Court take notice that Defendants Bernardo 
Navarro (“Mr. Navarro”) and Claudia Navarro (“Ms. Navarro”; together with Mr. Navarro, the 
“Navarros”), have been served by publication. 
1.
On July 17, 2023, this Court granted Womply’s Motion for Leave to Serve by
Publication Defendants Bernardo Navarro and Claudia Navarro.  (ECF No. 77.) 
2.
In accordance with this Court’s Order, on July 21, 2023, the Summons by
Publication against the Navarros was published in El Nuevo Día newspaper, a newspaper of 
general circulation in Puerto Rico.  Attached hereto as Exhibit A is an affidavit executed by 
Yaritza Perez Rivera, an El Nuevo Día employee, and a copy of the published summons. 
3.
On July 24, 2023, within ten days of publication of the Summons, a copy of the
Complaint, this Court’s Order allowing Summons by Publication, the Summons by Publication, 
and the notice published in the newspaper were sent to the Navarros at their last known addresses 
in both Dorado, Puerto Rico, and Coral Gables, Florida, via certified mail with return receipt 
requested.   
4.
Attached hereto as Exhibit B are copies of the letter sent to the Navarros at their
Coral Gables, Florida, address and the certified mail receipt. 
5.
Attached hereto as Exhibit C are copies of the letter sent to the Navarros at their
Dorado, Puerto Rico, address, the certified mail receipt, and the return receipt.  The return receipt 
shows that the letter was delivered on August 10, 2023.   
6.
On August 16, 2023, the Navarros represented to this Court that “[o]n August 10,
2023, Mr. and Mrs. Navarro received a copy of the summons published in El Nuevo Día newspaper 
Case 3:23-cv-01034-GMM   Document 84   Filed 08/21/23   Page 2 of 4

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on July 21, 2023, the Court’s order granting leave for summons by publication, and a redacted 
version of the Complaint.”  (ECF No. 82 ¶ 1.)   
7. 
Under Federal Rule of Civil Procedure 4 and Puerto Rico Rule of Civil Procedure 
4.6, the Navarros’ deadline to answer the Complaint or otherwise plead expires on August 21, 
2023, that is, 30 days after publication of the summons.  On August 17, 2023, this Court granted 
the Navarros’ request to extend this deadline to August 31, 2023.  (ECF Nos. 82–83.) 
WHEREFORE, Womply requests that this Court take notice of its compliance with the 
requirements for Service by Publication on the Navarros. 
Dated: August 21, 2023 
Of Counsel: 
Willkie Farr & Gallagher LLP 
By: Alexander L. Cheney       . 
Alexander L. Cheney (admitted pro hac vice) 
One Front Street  
San Francisco, CA 94111 
(415) 858-7400
acheney@willkie.com
Joshua S. Levy (admitted pro hac vice) 
1875 K Street, N.W. 
Washington, D.C. 20006 
(202) 303-1000
jlevy@willkie.com
Respectfully submitted, 
By: Alejandro J. Cepeda Diaz     . 
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 
Attorneys for Plaintiff Oto Analytics, LLC 
Case 3:23-cv-01034-GMM   Document 84   Filed 08/21/23   Page 3 of 4

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CERTIFICATE OF SERVICE 
The undersigned certifies that on August 21, 2023, the foregoing document was filed 
with the Clerk of the Court using CM/ECF, which sent notices to all parties receiving 
notifications through the CM/ECF system. 
Dated: August 21, 2023 
By: /s/ Alejandro J. Cepeda Diaz 
Attorney for Plaintiff Oto Analytics, LLC 
Case 3:23-cv-01034-GMM   Document 84   Filed 08/21/23   Page 4 of 4

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