Court filing

Order No. 7 on Motion to Stay (Exhibit 13) — OTO Analytics v. Benworth (N.D. Cal. No. 3:24-cv-03975)

Summary

Exhibit 13, filed 07/01/24 as Document 1-14 in Case 4:24-cv-03975-AMO, is Order No. 7 in the JAMS arbitration between Oto Analytics, Inc. dba Womply and Benworth Capital Partners, LLC, dated September 27, 2023, on Benworth's motion to stay. Benworth had moved on September 13, 2023 to stay the arbitration pending an SBA investigation into the activities of Womply during the PPP loan program, attaching an email from Eric S. Benderson, an Associate General Counsel for Litigation with the Small Business Administration. Alexander L. Brainerd, the Arbitrator, denies the motion without prejudice, finding the email too vague and general to show how the SBA investigation overlaps the arbitration issues. The order states Benworth may renew the motion if the SBA provides further information and that no Interim Award is expected before November 1, 2023.

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Filed September 27, 2023 in Oto Analytics v. Benworth; one of 111 filings from this case.

Record facts

Court	U.S. District Court for the Northern District of California
Filed	2023-09-27

Cite this document

“Order No. 7 on Motion to Stay (Exhibit 13) — OTO Analytics v. Benworth (N.D. Cal. No. 3:24-cv-03975).” U.S. District Court for the Northern District of California, No. 4:24-cv-03975-AMO, Doc. 1-14, filed 2023-09-27. Archived at Pandemic Darlings, https://pandemicdarlings.com/court-filings/oto-analytics-v-benworth/2023-09-27-order-no-7-motion-to-stay/, SHA-256 4c41b615eada95e6a70f95fb480966ffc71e27d79751b23872a7b9d540fda681.

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Full text

Case 4:24-cv-03975-AMO Document1-14 _ Filed07/01/24 Page1lof2

EXHIBIT 13
Case 4:24-cv-03975-AMO Document1-14 Filed 07/01/24 Page 2of2

JAMS ARBITRATION CASE REFERENCE NO. 1210038203

Oto Analytics, Inc. dba Womply,
Claimant(s),

and

Benworth Capital Partners, LLC,
Respondent(s).

ORDER RE BENWORTHS’ MOTION TO STAY.
ORDER NO. 7

On September 13, 2023, Benworth filed a Motion to Stay these proceedings pending the completion
of an investigation being conducted by the SBA into the activities of Womply during the PPP loan program.
The motion attached an email from Eric S. Benderson, an Associate General Counsel for Litigation with the
Small Business Administration, concerning the investigation. Womply filed an Opposition to the Motion on
September 14, 2023. On September 25, 2023, Benworth filed a Reply to Womply’s Opposition. A Hearing
was conducted on September 26, 2023, at which the Parties presented oral argument in support of their
respective positions.

Having fully considered the positions of the Parties, the Motion is DENIED without prejudice. The
information contained in Mr. Benderson’s email was somewhat vague and general and did not provide
sufficient information to determine the extent to which the SBA investigation overlaps or bears upon the
issues raised in this Arbitration. Should the SBA provide further information or clarification concerning its
investigation that would warrant a renewal of the Motion to Stay, Benworth is free to do so.

This Order will also confirm that the Arbitrator advised the Parties that due to some lingering health
issues he does not anticipate issuing an Interim Award before November 1, 2023.

IT IS SO ORDERED.

Dated: September 27, 2023 Mlercander L. Brainerd
Alexander L. Brainerd
Arbitrator

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File: gov.uscourts.cand.431982.1.14.pdf
Size: 109,376 bytes
SHA-256: 4c41b615eada95e6a70f95fb480966ffc71e27d79751b23872a7b9d540fda681
Our copy: gov.uscourts.cand.431982.1.14.pdf
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