Motion to Inform Court of Recent Events — OTO Analytics v. Benworth (N.D. Cal. No. 3:24-cv-03975)

Record facts

U.S. District Court for the District of Puerto Rico · No. 3:23-cv-01034-GMM · Doc. 117 · 2024-06-20 · 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 
 
 
 
 
  
 
PLAINTIFF OTO ANALYTICS, LLC’S MOTION TO INFORM THE COURT OF 
RECENT EVENTS 
 
Plaintiff Womply, through its undersigned counsel, respectfully submits this Motion to 
Inform the Court of Recent Events.  On June 12, 2024, Womply filed a Notice of Conclusion of 
Arbitration and Motion to Lift Stay (“Motion to Lift Stay”; ECF No. 109).1  On June 13, 2024, 
Benworth Capital Partners PR, LLC (“Benworth PR”), Benworth Capital Partners, LLC 
(“Benworth FL”), and Bernardo and Claudia Navarro (the “Navarros” and collectively with 
Benworth PR and Benworth FL, “Defendants”), filed a Joint Opposition to Womply’s Motion to 
Lift Stay (“Opp.”; ECF No. 111).  One of the primary arguments Defendants made in opposing 
the Motion to Lift Stay was that “[Benworth FL] will move to correct the [Final] [A]ward” in the 
Arbitration, implying that the Final Award could change materially.  Opp. at 2.  On June 18, 2024, 
Benworth FL filed its Motion to Correct the Final Award, which is attached hereto as Exhibit 1 
(“Motion to Correct”).  It supports lifting the stay of this case for at least two reasons. 
 
1 Capitalized terms used but not otherwise defined herein shall have the same meanings as in 
Womply’s Motion to Lift Stay (ECF No. 109). 
Case 3:23-cv-01034-GMM     Document 117     Filed 06/20/24     Page 1 of 4

 
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First, the correction Benworth FL seeks to make to the Final Award would not change the 
Arbitrator’s determination that Benworth FL owes Womply approximately $118 million.  Instead, 
it concerns whether Womply is entitled to additional post-award prejudgment interest and, if so, 
at what rate.  That is an issue for the court considering whether to affirm the Final Award and, in 
any event, it does not justify continuing to stay this case. 
Second, in the Motion to Correct, Benworth FL admits that the Arbitrator’s issuance of the 
Final Award has rendered Benworth FL’s debt to Womply a “fixed liability” that is “a contractual 
equivalent of a judgment.”   Motion to Correct at 1–2 (internal citations and quotations omitted).  
As a result, this case—which Womply commenced in order to (among other things) unwind a 
fraudulent transfer that is preventing Womply from collecting its “fixed” debt from 
Benworth FL—should now proceed to discovery.   
Womply thanks the Court for its attention to this matter.  
 
Case 3:23-cv-01034-GMM     Document 117     Filed 06/20/24     Page 2 of 4

 
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Dated: June 20, 2024 
 
 
Of Counsel 
 
Willkie Farr & Gallagher LLP 
 
By: /s/ Alexander L. Cheney_______ 
 
Alexander L. Cheney (admitted pro hac vice) 
333 Bush St 
San Francisco, CA 94104 
(415) 858-7400 
acheney@willkie.com 
 
Stuart R. Lombardi (admitted pro hac vice) 
Willkie Farr & Gallagher LLP 
787 7th Avenue 
New York, NY 10019 
(212) 728-8000 
slombardi@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: /s/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 117     Filed 06/20/24     Page 3 of 4

 
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CERTIFICATE OF SERVICE 
The undersigned certifies that on June 20, 2024, 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: June 20, 2024   
 
 
 
By: /s/ Alejandro J. Cepeda Diaz _______ 
Attorney for Plaintiff Oto Analytics, LLC 
 
Case 3:23-cv-01034-GMM     Document 117     Filed 06/20/24     Page 4 of 4

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