Court filing

Motion to Inform Court of Recent Events — OTO Analytics v. Benworth (D.P.R. No. 3:23-cv-01034)

Summary

Plaintiff Oto Analytics, LLC's (Womply's) motion to inform the court of recent events, filed 06/20/24 as Document 117 in Oto Analytics, LLC v. Benworth Capital Partners PR LLC, et al., Civil Action No. 23-01034, United States District Court for the District of Puerto Rico. It states that Womply moved on June 12, 2024 to lift the stay after the arbitration concluded and that defendants opposed, saying Benworth FL would move to correct the Final Award. Womply attaches Benworth FL's June 18, 2024 Motion to Correct and argues that the correction concerns post-award interest and would not change the determination that Benworth FL owes Womply approximately $118 million. It argues the case should proceed to discovery and is signed /s/ by Alexander L. Cheney and Alejandro J. Cepeda Diaz.

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Filed June 20, 2024 in Oto Analytics v. Benworth; one of 111 filings from this case.

Record facts

Court	U.S. District Court for the District of Puerto Rico
Filed	2024-06-20

Cite this document

“Motion to Inform Court of Recent Events — OTO Analytics v. Benworth (D.P.R. No. 3:23-cv-01034).” U.S. District Court for the District of Puerto Rico, No. 3:23-cv-01034-GMM, Doc. 117, filed 2024-06-20. Archived at Pandemic Darlings, https://pandemicdarlings.com/court-filings/oto-analytics-v-benworth/2024-06-20-motion-to-inform-recent-events/, SHA-256 3098e4e562ff2be1b1a90775be0f85648e1f4a15335cd66c1176e88e9c25ac10.

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Full text

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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File: gov.uscourts.prd.175040.117.0.pdf
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SHA-256: 3098e4e562ff2be1b1a90775be0f85648e1f4a15335cd66c1176e88e9c25ac10
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