Claudia Navarro Answer and Affirmative Defenses (D.E. 151) — OTO Analytics v. Benworth

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U.S. District Court for the District of Puerto Rico · No. 3:23-cv-01034-GMM · Doc. 151 · 2024-08-19 · 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. 
 
 
 
 
Civil No. 23-01034 (GMM) 
 
 
FEDERAL RESERVE BANK OF SAN 
FRANCISCO,  
 
Plaintiff-Intervenor, 
 
v. 
 
OTO ANALYTICS, LLC; BENWORTH 
CAPITAL 
PARTNERS 
PR, 
LLC; 
BENWORTH 
CAPITAL 
PARTNERS, 
LLC; 
BERNARDO 
NAVARRO 
and 
CLAUDIA NAVARRO, 
 
Defendants in Intervention. 
 
 
 
 
 
 
 
CLAUDIA NAVARRO’S 
ANSWER AND AFFIRMATIVE DEFENSES TO THE AMENDED COMPLAINT 
 
TO THE HONORABLE COURT: 
 
 
COME APPEAR co-defendant Claudia Navarro (“Mrs. Navarro”), through the 
undersigned counsel, and respectfully submits its Answer and Affirmative Defenses to the 
Amended Complaint (D.E. 125): 
 
 
Case 3:23-cv-01034-GMM     Document 151     Filed 08/19/24     Page 1 of 47

Mrs. Navarro’s Answer and Affirmative Defenses to the Amended Complaint 
Oto Analytics, LLC v. Benworth Capital Partners PR LLC, et al. 
Civil No. 23-01034 (GMM) 
Page 2 of 47 
 
INTRODUCTION 
1. 
Paragraph 1 of the Amended Complaint is Plaintiff Oto Analytics, LLC’s 
(“Womply”) conclusory characterization of the instant action and its legal conclusions pertaining 
to the applicable law. Mrs. Navarro denies any factual averments in this paragraph. 
2. 
From Paragraph 2, Mrs. Navarro admits that she and Defendant Bernardo Navarro 
(“Mr. Navarro”) have ownership interests in Benworth Capital Partners PR, LLC (“Benworth 
PR”). The remainder of the paragraph is denied. 
3. 
Paragraph 3 contains legal references or interpretations of law and, as such, does 
not require a response. In the event a response is required, Paragraph 3 is denied as drafted. 
4. 
Paragraph 4 contains statements that are not directed towards and do not pertain to 
Mrs. Navarro, and therefore no response is required from Mrs. Navarro. To the extent a response 
is required, this paragraph contains compound and vague allegations about unspecified lenders 
that are denied as drafted. 
5. 
Paragraph 5 contains statements that are not directed towards and do not pertain to 
Mrs. Navarro, and therefore no response is required from Mrs. Navarro. To the extent a response 
is required, this paragraph is denied for lack of information sufficient to form a belief about the 
truth of the allegation. 
6. 
Paragraph 6 contains statements that are not directed towards and do not pertain to 
Mrs. Navarro, and therefore no response is required from Mrs. Navarro. To the extent a response 
is required, Mrs. Navarro adopts and incorporates herein Benworth Capital Partners, LLC’s 
(“Benworth FL”) response to Paragraph 6 in its Answer to Amended Complaint. 
7. 
Paragraph 7 contains statements that are not directed towards and do not pertain to 
Mrs. Navarro, and therefore no response is required from Mrs. Navarro. To the extent a response 
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Mrs. Navarro’s Answer and Affirmative Defenses to the Amended Complaint 
Oto Analytics, LLC v. Benworth Capital Partners PR LLC, et al. 
Civil No. 23-01034 (GMM) 
Page 3 of 47 
 
is required, Mrs. Navarro adopts and incorporates herein Benworth FL’s response to Paragraph 7 
in its Answer to Amended Complaint. 
8. 
Paragraph 8 contains statements that are not directed towards and do not pertain to 
Mrs. Navarro, and therefore no response is required from Mrs. Navarro. To the extent a response 
is required, Mrs. Navarro adopts and incorporates herein Benworth FL’s response to Paragraph 8 
in its Answer to Amended Complaint. 
9. 
Paragraph 9 is denied. 
10. 
From Paragraph 10, Mrs. Navarro admits that she and Mr. Navarro have ownership 
interests in Benworth PR, and that Benworth FL transferred funds to Benworth PR and entered 
into a contract with Benworth PR. The remainder of the paragraph is denied. 
11. 
Paragraph 11 is denied. 
12. 
From Paragraph 12, Mrs. Navarro admits that she is the majority owner of 
Benworth PR and denies that “Benworth FL . . . transfer[red] Womply’s fees to Benworth PR . . . 
so that the Navarros could keep Womply’s fees for themselves.” The remainder of Paragraph 12 
contains statements that are not directed towards and do not pertain to Mrs. Navarro, and therefore 
no response is required from Mrs. Navarro. To the extent a response is required, this paragraph is 
denied for lack of information sufficient to form a belief about the truth of the allegation. 
13. 
Paragraph 13 is directed to co-defendant Mr. Navarro, not Mrs. Navarro, and 
contains Womply’s legal interpretations and conclusions of case TotalBank Florida Bank Corp. v. 
Bernardo Enrique Navarro, Case No. 2012-012858 (Fla. Cir. Ct. Miami-Dade Cnty.), and thus 
does not require a response from Mrs. Navarro. To the extent a response is required, Mrs. Navarro 
adopts and incorporates herein Mr. Navarro’s response to Paragraph 13 in its Answer to Amended 
Complaint. 
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Mrs. Navarro’s Answer and Affirmative Defenses to the Amended Complaint 
Oto Analytics, LLC v. Benworth Capital Partners PR LLC, et al. 
Civil No. 23-01034 (GMM) 
Page 4 of 47 
 
14. 
From Paragraph 14, Mrs. Navarro denies that there was a fraudulent transfer. The 
remainder of Paragraph 14 contains statements that are not directed towards and do not pertain to 
Mrs. Navarro as she was not a party to the arbitration, and therefore no response is required from 
Mrs. Navarro. To the extent a response is required, this paragraph is denied for lack of information 
sufficient to form a belief about the truth of the allegation. 
15. 
From Paragraph 15, Mrs. Navarro denies that there was a fraudulent transfer. The 
remainder of Paragraph 15 contains statements that are not directed towards and do not pertain to 
Mrs. Navarro as she was not a party to the arbitration, and therefore no response is required from 
Mrs. Navarro. To the extent a response is required, this paragraph is denied for lack of information 
sufficient to form a belief about the truth of the allegation. 
16. 
Paragraph 16 is denied. 
17. 
Paragraph 17 contains statements that are not directed towards and do not pertain 
to Mrs. Navarro, and therefore no response is required from Mrs. Navarro. To the extent a response 
is required, Mrs. Navarro adopts and incorporates herein Mr. Navarro’s response to Paragraph 17 
in its Answer to Amended Complaint. 
18. 
Paragraph 18 contains statements that are not directed towards and do not pertain 
to Mrs. Navarro, and therefore no response is required from Mrs. Navarro. To the extent a response 
is required, Mrs. Navarro adopts and incorporates herein Benworth FL and Mr. Navarro’s 
responses to Paragraph 18 in their Answers to Amended Complaint. 
19. 
Paragraph 19 contains statements that are not directed towards and do not pertain 
to Mrs. Navarro as she was not a party to the arbitration, and therefore no response is required 
from Mrs. Navarro. To the extent a response is required, Mrs. Navarro adopts and incorporates 
herein Benworth FL’s response to Paragraph 19 in its Answer to Amended Complaint. 
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Mrs. Navarro’s Answer and Affirmative Defenses to the Amended Complaint 
Oto Analytics, LLC v. Benworth Capital Partners PR LLC, et al. 
Civil No. 23-01034 (GMM) 
Page 5 of 47 
 
20. 
Paragraph 20 is denied. 
PARTIES 
21. 
Paragraph 21 is denied for lack of information sufficient to form a belief about the 
truth of the allegation. 
22. 
Paragraph 22 contains statements regarding co-defendant Benworth PR that are not 
directed to Mrs. Navarro and thus do not require a response from Mrs. Navarro. Should a response 
be required, Mrs. Navarro adopts and incorporates herein Benworth PR’s response to Paragraph 
22 in its Answer to Amended Complaint. 
23. 
Paragraph 22 contains statements regarding co-defendant Benworth FL that are not 
directed to Mrs. Navarro and thus do not require a response from Mrs. Navarro. Should a response 
be required, Mrs. Navarro adopts and incorporates herein Benworth FL’s response to Paragraph 
23 in its Answer to Amended Complaint. 
24. 
Paragraph 24 contains statements regarding co-defendant Mr. Navarro that are not 
directed to Mrs. Navarro and thus do not require a response from Mrs. Navarro. Should a response 
be required, Mrs. Navarro adopts and incorporates herein Mr. Navarro’s response to Paragraph 24 
in his Answer to Amended Complaint. 
25. 
From Paragraph 25, Mrs. Navarro denies as drafted that she “also is employed by 
Benworth FL as a processor”. The remainder of the paragraph is admitted.  
JURISDICTION AND VENUE 
26. 
Paragraph 26 contains Womply’s conclusion over the jurisdiction of this Honorable 
Court over the present action, a statement that does not require a response. To the extent a response 
is required, this paragraph is denied. 
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Mrs. Navarro’s Answer and Affirmative Defenses to the Amended Complaint 
Oto Analytics, LLC v. Benworth Capital Partners PR LLC, et al. 
Civil No. 23-01034 (GMM) 
Page 6 of 47 
 
27. 
Paragraph 27 contains Womply’s conclusion over the jurisdiction of this Honorable 
Court over the present action, a statement that does not require a response. To the extent a response 
is required, Mrs. Navarro denies any inferences from the cited portions of the document based on 
the completeness of the allegations. The remainder of this paragraph, including Womply’s 
characterization and legal conclusions and/or inferences stemming from the cited document, is 
denied. 
28. 
Paragraph 28 contains Womply’s conclusion over the jurisdiction of this Honorable 
Court over the present action, a statement that does not require a response. To the extent a response 
is required, Mrs. Navarro denies any factual averments in this paragraph. 
29. 
Paragraph 29 contains Womply’s conclusion over the jurisdiction of this Honorable 
Court over the present action, a statement that does not require a response. To the extent a response 
is required, Mrs. Navarro lacks information sufficient to form a belief about the truth of the 
allegation as she was not a party to the Arbitration. Womply’s characterization and legal 
conclusions and/or inferences stemming from the cited document is otherwise denied. 
30. 
Paragraph 30 contains Womply’s conclusion over the jurisdiction of this Honorable 
Court over the co-defendant Benworth PR, a statement that is not directed toward Mrs. Navarro 
and does not require a response. To the extent a response is required, Mrs. Navarro adopts and 
incorporates herein Benworth PR’s response to Paragraph 30 in its Answer to Amended 
Complaint. 
31. 
Paragraph 31 contains Womply’s conclusion over the jurisdiction of this Honorable 
Court over the co-defendant Mr. Navarro, a statement that is not directed toward Mrs. Navarro and 
does not require a response. To the extent a response is required, Mrs. Navarro adopts and 
incorporates herein Mr. Navarro’s response to Paragraph 31 in its Answer to Amended Complaint. 
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Mrs. Navarro’s Answer and Affirmative Defenses to the Amended Complaint 
Oto Analytics, LLC v. Benworth Capital Partners PR LLC, et al. 
Civil No. 23-01034 (GMM) 
Page 7 of 47 
 
32. 
Paragraph 32 contains Womply’s conclusion over the jurisdiction of this Honorable 
Court over the present action, a statement that does not require a response. To the extent a response 
is required, Mrs. Navarro admits that she is domiciled in this District and that she is the president, 
CEO and authorized representative of Benworth PR. The remainder of the paragraph, consisting 
of Womply’s characterizations and legal conclusions and/or inferences, is denied. 
33. 
Paragraph 23 contains Womply’s conclusion over the jurisdiction of this Honorable 
Court over the co-defendant Benworth FL, a statement that is not directed toward Mrs. Navarro 
and does not require a response. To the extent a response is required, Mrs. Navarro adopts and 
incorporates herein Benworth FL’s response to Paragraph 33 in its Answer to Amended 
Complaint. 
34. 
Paragraph 34 including its subsections (a) through (f), inclusive, contains 
Womply’s conclusion over the jurisdiction of this Honorable Court over the present action, a 
statement that does not require a response. Should a response be required, Mrs. Navarro denies 
any factual averments in this paragraph, including its subsections (a) through (f), inclusive. 
35. 
Paragraph 35 contains Womply’s conclusion over the jurisdiction of this Honorable 
Court over the present action, a statement that does not require a response. To the extent a response 
is required, this paragraph is denied. 
FACTS 
36. 
Paragraph 36 contains legal references or interpretations of law that do not require 
a response. Should a response be required, Mrs. Navarro denies this paragraph as drafted. Mrs. 
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Mrs. Navarro’s Answer and Affirmative Defenses to the Amended Complaint 
Oto Analytics, LLC v. Benworth Capital Partners PR LLC, et al. 
Civil No. 23-01034 (GMM) 
Page 8 of 47 
 
Navarro affirmatively alleges that the CARES Act1 speaks for itself and denies Womply’s 
characterization and legal conclusions and/or inferences as to the same.2 
37. 
Paragraph 37 contains legal references or interpretations of law that do not require 
a response. Should a response be required, Mrs. Navarro denies this paragraph as drafted. Mrs. 
Navarro affirmatively alleges that the CARES Act speaks for itself and denies Womply’s 
characterization and legal conclusions and/or inferences as to the same. 
38. 
Paragraph 38 contains legal references or interpretations of law that do not require 
a response. Should a response be required, Mrs. Navarro denies this paragraph as drafted. Mrs. 
Navarro affirmatively alleges that the SBA statute and regulations speak for themselves and denies 
Womply’s characterization and legal conclusions and/or inferences as to the same. 
39. 
Paragraph 39 contains legal references or interpretations of law that do not require 
a response. Should a response be required, Mrs. Navarro denies this paragraph as drafted. Mrs. 
Navarro affirmatively alleges that the SBA statute and regulations speak for themselves and denies 
Womply’s characterization and legal conclusions and/or inferences as to the same. 
40. 
Paragraph 40 contains legal references or interpretations of law that do not require 
a response. Should a response be required, Mrs. Navarro denies this paragraph as drafted. Mrs. 
Navarro affirmatively alleges that the SBA statute and regulations speak for themselves and denies 
Womply’s characterization and legal conclusions and/or inferences as to the same. 
41. 
Paragraph 41 contains legal references or interpretations of law that do not require 
a response. Should a response be required, Mrs. Navarro denies Paragraph 41 as drafted. Mrs. 
 
1 For clarity and precision, Benworth PR will use the same abbreviations and shorthand references 
Womply uses in its Amended Complaint. 
2 Mrs. Navarro denies the factual averments and legal conclusions Womply makes in each of its 
headings and sub-headings. 
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Mrs. Navarro’s Answer and Affirmative Defenses to the Amended Complaint 
Oto Analytics, LLC v. Benworth Capital Partners PR LLC, et al. 
Civil No. 23-01034 (GMM) 
Page 9 of 47 
 
Navarro affirmatively alleges that the SBA Standard Operating Procedures speaks for itself and 
denies Womply’s characterization and legal conclusions and/or inferences as to the same. 
42. 
Paragraph 42 contains legal references or interpretations of law that do not require 
a response. Should a response be required, Mrs. Navarro denies Paragraph 42 as drafted. Mrs. 
Navarro affirmatively alleges that the SBA Standard Operating Procedures speaks for itself and 
denies Womply’s characterization and legal conclusions and/or inferences as to the same. 
43. 
Paragraph 43 contains legal references or interpretations of law that do not require 
a response. Should a response be required, Mrs. Navarro denies Paragraph 43 as drafted. Mrs. 
Navarro affirmatively alleges that the February 2020 Rule speaks for itself and denies Womply’s 
characterization and legal conclusions and/or inferences as to the same. 
44. 
Paragraph 44 contains legal references or interpretations of law that do not require 
a response. Should a response be required, Mrs. Navarro denies Paragraph 44 as drafted. B Mrs. 
Navarro affirmatively alleges that the February 2020 Rule speaks for itself and denies Womply’s 
characterization and legal conclusions and/or inferences as to the same. 
45. 
Paragraph 45 contains legal references or interpretations of law that do not require 
a response. Should a response be required, Mrs. Navarro denies Paragraph 45 as drafted. Mrs. 
Navarro affirmatively alleges that the February 2020 Rule and CARES Act speak for themselves 
and denies Womply’s characterization and legal conclusions and/or inferences as to the same. 
46. 
Paragraph 46 contains legal references or interpretations of law that do not require 
a response. Should a response be required, Mrs. Navarro denies Paragraph 46 as drafted. Ben Mrs. 
Navarro affirmatively alleges that the CARES Act speaks for itself and denies Womply’s 
characterization and legal conclusions and/or inferences as to the same. 
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Mrs. Navarro’s Answer and Affirmative Defenses to the Amended Complaint 
Oto Analytics, LLC v. Benworth Capital Partners PR LLC, et al. 
Civil No. 23-01034 (GMM) 
Page 10 of 47 
 
47. 
Paragraph 47 contains legal references or interpretations of law that do not require 
a response. Should a response be required, Mrs. Navarro denies Paragraph 47 as drafted. Mrs. 
Navarro affirmatively alleges that the April 2020 PPP Rule speaks for itself and denies Womply’s 
characterization and legal conclusions and/or inferences as to the same. 
48. 
Paragraph 48 contains legal references or interpretations of law that do not require 
a response. Should a response be required, Mrs. Navarro denies Paragraph 48 as drafted. Mrs. 
Navarro affirmatively alleges that the April 2020 PPP Rule and CARES Act speak for themselves 
and denies Womply’s characterization and legal conclusions and/or inferences as to the same. 
49. 
Paragraph 49 contains legal references or interpretations of law that do not require 
a response. Should a response be required, Mrs. Navarro denies Paragraph 49 as drafted. Be Mrs. 
Navarro affirmatively alleges that the February 2020 Rule and April 2020 PPP Rule speak for 
themselves and denies Womply’s characterization and legal conclusions and/or inferences as to 
the same. 
50. 
Paragraph 50 contains legal references or interpretations of law that do not require 
a response. Should a response be required, Mrs. Navarro denies Paragraph 50 as drafted. Mrs. 
Navarro affirmatively alleges that the April 2020 PPP Rule and CARES Act speak for themselves 
and denies Womply’s characterization and legal conclusions and/or inferences as to the same. 
51. 
Paragraph 51 contains legal references or interpretations of law that do not require 
a response. Should a response be required, Mrs. Navarro denies Paragraph 51 as drafted. Be Mrs. 
Navarro affirmatively alleges that the Economic Aid Act speaks for itself and denies Womply’s 
characterization and legal conclusions and/or inferences as to the same. 
52. 
Paragraph 52 contains legal references or interpretations of law that do not require 
a response. Should a response be required, Mrs. Navarro denies Paragraph 52 as drafted. B Mrs. 
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Mrs. Navarro’s Answer and Affirmative Defenses to the Amended Complaint 
Oto Analytics, LLC v. Benworth Capital Partners PR LLC, et al. 
Civil No. 23-01034 (GMM) 
Page 11 of 47 
 
Navarro affirmatively alleges that the Economic Aid Act speaks for itself and denies Womply’s 
characterization and legal conclusions and/or inferences as to the same. 
53. 
Paragraph 53 contains legal references or interpretations of law that do not require 
a response. Should a response be required, Mrs. Navarro denies Paragraph 53 as drafted. Mrs. 
Navarro affirmatively alleges that the Economic Aid Act and CARES Act speak for themselves 
and denies Womply’s characterization and legal conclusions and/or inferences as to the same. 
54. 
Paragraph 54 contains legal references or interpretations of law that do not require 
a response. Should a response be required, Mrs. Navarro denies Paragraph 54 as drafted. B Mrs. 
Navarro affirmatively alleges that the SBA regulations and SBA Standard Operating Procedures 
speak for themselves and denies Womply’s characterization and legal conclusions and/or 
inferences as to the same. 
55. 
Paragraph 55 contains legal references or interpretations of law that do not require 
a response. Should a response be required, Mrs. Navarro denies Paragraph 55 as drafted. B Mrs. 
Navarro affirmatively alleges that the Economic Aid Act speaks for itself and denies Womply’s 
characterization and legal conclusions and/or inferences as to the same. 
56. 
Paragraph 56 contains legal references or interpretations of law that do not require 
a response. Should a response be required, Mrs. Navarro denies Paragraph 56 as drafted. Mrs. 
Navarro affirmatively alleges that the Economic Aid Act and CARES Act speak for themselves 
and denies Womply’s characterization and legal conclusions and/or inferences as to the same. 
57. 
Paragraph 57 contains legal references or interpretations of law that do not require 
a response. Should a response be required, Mrs. Navarro denies Paragraph 57 as drafted. Mrs. 
Navarro affirmatively alleges that the April 2020 PPP Rule and CARES Act speak for themselves 
and denies Womply’s characterization and legal conclusions and/or inferences as to the same. 
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Mrs. Navarro’s Answer and Affirmative Defenses to the Amended Complaint 
Oto Analytics, LLC v. Benworth Capital Partners PR LLC, et al. 
Civil No. 23-01034 (GMM) 
Page 12 of 47 
 
58. 
Paragraph 58 contains legal references or interpretations of law that do not require 
a response. Should a response be required, Mrs. Navarro denies Paragraph 58 as drafted. 
59. 
Paragraph 59 contains legal references or interpretations of law that do not require 
a response. Should a response be required, Mrs. Navarro denies Paragraph 59 as drafted. Be Mrs. 
Navarro affirmatively alleges that the January 2021 PPP Rule speaks for itself and denies 
Womply’s characterization and legal conclusions and/or inferences as to the same. 
60. 
Paragraph 60 contains legal references or interpretations of law that do not require 
a response. Should a response be required, Mrs. Navarro denies Paragraph 60 as drafted. Mrs. 
Navarro affirmatively alleges that the April 2020 PPP Rule and January 2021 PPP Rule speak for 
themselves and denies Womply’s characterization and legal conclusions and/or inferences as to 
the same. 
61. 
Paragraph 61 contains legal references or interpretations of law that do not require 
a response. Should a response be required, Mrs. Navarro denies Paragraph 61 as drafted. Mrs. 
Navarro affirmatively alleges that the January 2021 PPP Rule speaks for itself and denies 
Womply’s characterization and legal conclusions and/or inferences as to the same. 
62. 
Paragraph 62 contains legal references or interpretations of law that do not require 
a response. Should a response be required, Mrs. Navarro denies Paragraph 62 as drafted. Mrs. 
Navarro affirmatively alleges that the April 2020 PPP Rule and January 2021 PPP Rule speak for 
themselves and denies Womply’s characterization and legal conclusions and/or inferences as to 
the same. 
63. 
Paragraph 63 contains statements that are not directed toward Mrs. Navarro and 
therefore no response is required. In the event a response is required, it is denied for lack of 
information sufficient to form a belief about the truth of the allegation. 
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Mrs. Navarro’s Answer and Affirmative Defenses to the Amended Complaint 
Oto Analytics, LLC v. Benworth Capital Partners PR LLC, et al. 
Civil No. 23-01034 (GMM) 
Page 13 of 47 
 
64. 
Paragraph 64 contains statements that are not directed toward Mrs. Navarro and 
therefore no response is required. In the event a response is required, it is denied for lack of 
information sufficient to form a belief about the truth of the allegation. 
65. 
Paragraph 65 contains statements that are not directed toward Mrs. Navarro and 
therefore no response is required. In the event a response is required, it is denied for lack of 
information sufficient to form a belief about the truth of the allegation. 
66. 
Paragraph 66 contains statements that are not directed toward Mrs. Navarro and 
therefore no response is required. In the event a response is required, it is denied for lack of 
information sufficient to form a belief about the truth of the allegation. 
67. 
Paragraph 67 contains statements that are not directed toward Mrs. Navarro and 
therefore no response is required. In the event a response is required, it is denied for lack of 
information sufficient to form a belief about the truth of the allegation. 
68. 
Paragraph 68 contains statements that are not directed toward Mrs. Navarro and 
therefore no response is required. In the event a response is required, it is denied for lack of 
information sufficient to form a belief about the truth of the allegation. Regarding the last sentence 
of this paragraph, Mrs. Navarro adopts and incorporates herein Benworth FL’s response in its 
Answer to Amended Complaint. 
69. 
Paragraph 69 contains statements that are not directed toward Mrs. Navarro and 
therefore no response is required. In the event a response is required, Mrs. Navarro denies 
Paragraph 69 as drafted. 
70. 
Paragraph 70 contains statements that are not directed toward Mrs. Navarro and 
therefore no response is required. In the event a response is required, Paragraph 70 is denied for 
lack of information sufficient to form a belief about the truth of the allegation. 
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Mrs. Navarro’s Answer and Affirmative Defenses to the Amended Complaint 
Oto Analytics, LLC v. Benworth Capital Partners PR LLC, et al. 
Civil No. 23-01034 (GMM) 
Page 14 of 47 
 
71. 
Paragraph 71 contains statements that are not directed toward Mrs. Navarro and 
therefore no response is required. In the event a response is required, Paragraph 71 is denied for 
lack of information sufficient to form a belief about the truth of the allegation. 
72. 
Paragraph 72 contains statements that are not directed toward Mrs. Navarro and 
therefore no response is required. In the event a response is required, Paragraph 72 is denied for 
lack of information sufficient to form a belief about the truth of the allegation. 
73. 
Paragraph 73 contains statements that are not directed toward Mrs. Navarro and 
therefore no response is required. In the event a response is required, Paragraph 73 is denied for 
lack of information sufficient to form a belief about the truth of the allegation. 
74. 
Paragraph 74 contains statements that are not directed toward Mrs. Navarro and 
therefore no response is required. In the event a response is required, Paragraph 74 is denied for 
lack of information sufficient to form a belief about the truth of the allegation. 
75. 
Paragraph 75 contains statements that are not directed toward Mrs. Navarro and 
therefore no response is required. In the event a response is required, Paragraph 75 is denied for 
lack of information sufficient to form a belief about the truth of the allegation. 
76. 
Paragraph 76 contains statements that are not directed toward Mrs. Navarro and 
therefore no response is required. In the event a response is required, Paragraph 76 is denied for 
lack of information sufficient to form a belief about the truth of the allegation. 
77. 
Paragraph 77 contains statements that are not directed toward Mrs. Navarro and 
therefore no response is required. In the event a response is required, Paragraph 77 is denied for 
lack of information sufficient to form a belief about the truth of the allegation. 
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Mrs. Navarro’s Answer and Affirmative Defenses to the Amended Complaint 
Oto Analytics, LLC v. Benworth Capital Partners PR LLC, et al. 
Civil No. 23-01034 (GMM) 
Page 15 of 47 
 
78. 
Paragraph 78 contains statements that are not directed toward Mrs. Navarro and 
therefore no response is required. In the event a response is required, Paragraph 78 is denied for 
lack of information sufficient to form a belief about the truth of the allegation. 
79. 
Paragraph 79 contains statements that are not directed toward Mrs. Navarro and 
therefore no response is required. In the event a response is required, Paragraph 79 is denied for 
lack of information sufficient to form a belief about the truth of the allegation. 
80. 
Paragraph 80 contains statements that are not directed toward Mrs. Navarro and 
therefore no response is required. In the event a response is required, Paragraph 80 is denied for 
lack of information sufficient to form a belief about the truth of the allegation. 
81. 
Paragraph 81 contains statements that are not directed toward Mrs. Navarro and 
therefore no response is required. In the event a response is required, Paragraph  81 is denied for 
lack of information sufficient to form a belief about the truth of the allegation. 
82. 
Paragraph 82 contains statements that are not directed toward Mrs. Navarro and 
therefore no response is required. In the event a response is required, Paragraph 82 is denied for 
lack of information sufficient to form a belief about the truth of the allegation. 
83. 
Paragraph 83 contains statements that are not directed toward Mrs. Navarro and 
therefore no response is required. In the event a response is required, Paragraph 83 is denied for 
lack of information sufficient to form a belief about the truth of the allegation. 
84. 
Paragraph 84 contains statements that are not directed toward Mrs. Navarro and 
therefore no response is required. To the extent a response is required, Mrs. Navarro adopts and 
incorporates herein Benworth FL’s response to Paragraph 84 in its Answer to Amended 
Complaint. 
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Mrs. Navarro’s Answer and Affirmative Defenses to the Amended Complaint 
Oto Analytics, LLC v. Benworth Capital Partners PR LLC, et al. 
Civil No. 23-01034 (GMM) 
Page 16 of 47 
 
85. 
Paragraph 85 contains statements that are not directed toward Mrs. Navarro and 
therefore no response is required. To the extent a response is required, Mrs. Navarro adopts and 
incorporates herein Benworth FL’s response to Paragraph 85 in its Answer to Amended 
Complaint. 
86. 
Paragraph 86 contains statements that are not directed toward Mrs. Navarro and 
therefore no response is required. To the extent a response is required, Mrs. Navarro adopts and 
incorporates herein Benworth FL’s response to Paragraph 86 in its Answer to Amended 
Complaint. 
87. 
Paragraph 87 contains statements that are not directed toward Mrs. Navarro and 
therefore no response is required. To the extent a response is required, Mrs. Navarro adopts and 
incorporates herein Benworth FL’s response to Paragraph 87 in its Answer to Amended 
Complaint. 
88. 
Paragraph 88 contains statements that are not directed toward Mrs. Navarro and 
therefore no response is required. To the extent a response is required, Mrs. Navarro adopts and 
incorporates herein Benworth FL’s response to Paragraph 88 in its Answer to Amended 
Complaint. 
89. 
Paragraph 89 contains statements that are not directed toward Mrs. Navarro and 
therefore no response is required. To the extent a response is required, Mrs. Navarro adopts and 
incorporates herein Benworth FL’s response to Paragraph 89 in its Answer to Amended 
Complaint. 
90. 
Paragraph 90 contains statements that are not directed toward Mrs. Navarro and 
therefore no response is required. To the extent a response is required, Mrs. Navarro adopts and 
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Mrs. Navarro’s Answer and Affirmative Defenses to the Amended Complaint 
Oto Analytics, LLC v. Benworth Capital Partners PR LLC, et al. 
Civil No. 23-01034 (GMM) 
Page 17 of 47 
 
incorporates herein Benworth FL’s response to Paragraph 90 in its Answer to Amended 
Complaint. 
91. 
Paragraph 91 contains statements that are not directed towards and do not pertain 
to Mrs. Navarro, and therefore no response is required from Mrs. Navarro as she was not a party 
to the February Agreements. To the extent a response is required, this paragraph is denied for lack 
of information sufficient to form a belief about the truth of the allegation. 
92. 
Paragraph 92 contains statements that are not directed towards and do not pertain 
to Mrs. Navarro, and therefore no response is required from Mrs. Navarro as she was not a party 
to the Referral Agreement or Order Form. To the extent a response is required, this paragraph is 
denied for lack of information sufficient to form a belief about the truth of the allegation. 
93. 
Paragraph 93 contains statements that are not directed towards and do not pertain 
to Mrs. Navarro, and therefore no response is required from Mrs. Navarro as she was not a party 
to the Master Developer Agreement. To the extent a response is required, this paragraph is denied 
for lack of information sufficient to form a belief about the truth of the allegation. 
94. 
Paragraph 94 contains statements that are not directed towards and do not pertain 
to Mrs. Navarro, and therefore no response is required from Mrs. Navarro as she was not a party 
to the Agreements or February Agreements. To the extent a response is required, this paragraph is 
denied for lack of information sufficient to form a belief about the truth of the allegation. 
95. 
Paragraph 95 contains statements that are not directed towards and do not pertain 
to Mrs. Navarro, and therefore no response is required from Mrs. Navarro as she was not a party 
to the Referral Agreement. To the extent a response is required, this paragraph is denied for lack 
of information sufficient to form a belief about the truth of the allegation. 
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Mrs. Navarro’s Answer and Affirmative Defenses to the Amended Complaint 
Oto Analytics, LLC v. Benworth Capital Partners PR LLC, et al. 
Civil No. 23-01034 (GMM) 
Page 18 of 47 
 
96. 
Paragraph 96 contains statements that are not directed towards and do not pertain 
to Mrs. Navarro, and therefore no response is required from Mrs. Navarro as she was not a party 
to the Referral Agreement. To the extent a response is required, this paragraph is denied for lack 
of information sufficient to form a belief about the truth of the allegation. 
97. 
Paragraph 97 contains statements that are not directed towards and do not pertain 
to Mrs. Navarro, and therefore no response is required from Mrs. Navarro as she was not a party 
to the Referral Agreement. To the extent a response is required, this paragraph is denied for lack 
of information sufficient to form a belief about the truth of the allegation. 
98. 
Paragraph 98 contains statements that are not directed towards and do not pertain 
to Mrs. Navarro, and therefore no response is required from Mrs. Navarro as she was not a party 
to the Referral Agreement. To the extent a response is required, this paragraph is denied for lack 
of information sufficient to form a belief about the truth of the allegation. 
99. 
Paragraph 99 contains statements that are not directed towards and do not pertain 
to Mrs. Navarro, and therefore no response is required from Mrs. Navarro as she was not a party 
to the Referral Agreement. To the extent a response is required, this paragraph is denied for lack 
of information sufficient to form a belief about the truth of the allegation. 
100. 
Paragraph 100 contains statements that are not directed towards and do not pertain 
to Mrs. Navarro, and therefore no response is required from Mrs. Navarro as she was not a party 
to the Referral Agreement. To the extent a response is required, this paragraph is denied for lack 
of information sufficient to form a belief about the truth of the allegation. 
101. 
Paragraph 101 contains statements that are not directed towards and do not pertain 
to Mrs. Navarro, and therefore no response is required from Mrs. Navarro as she was not a party 
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Mrs. Navarro’s Answer and Affirmative Defenses to the Amended Complaint 
Oto Analytics, LLC v. Benworth Capital Partners PR LLC, et al. 
Civil No. 23-01034 (GMM) 
Page 19 of 47 
 
to the Referral Agreement. To the extent a response is required, this paragraph is denied for lack 
of information sufficient to form a belief about the truth of the allegation. 
102. 
Paragraph 102 contains statements that are not directed towards and do not pertain 
to Mrs. Navarro, and therefore no response is required from Mrs. Navarro as she was not a party 
to the Order Form. To the extent a response is required, this paragraph is denied for lack of 
information sufficient to form a belief about the truth of the allegation. 
103. 
Paragraph 103 contains statements that are not directed towards and do not pertain 
to Mrs. Navarro, and therefore no response is required from Mrs. Navarro as she was not a party 
to the Order Form. To the extent a response is required, this paragraph is denied for lack of 
information sufficient to form a belief about the truth of the allegation. 
104. 
Paragraph 104 contains statements that are not directed towards and do not pertain 
to Mrs. Navarro, and therefore no response is required from Mrs. Navarro as she was not a party 
to the Order Form. To the extent a response is required, this paragraph is denied for lack of 
information sufficient to form a belief about the truth of the allegation. 
105. 
Paragraph 105 contains statements that are not directed towards and do not pertain 
to Mrs. Navarro, and therefore no response is required from Mrs. Navarro as she was not a party 
to the Order Form. To the extent a response is required, this paragraph is denied for lack of 
information sufficient to form a belief about the truth of the allegation. 
106. 
Paragraph 106 contains statements that are not directed towards and do not pertain 
to Mrs. Navarro, and therefore no response is required from Mrs. Navarro as she was not a party 
to the Order Form. To the extent a response is required, this paragraph is denied for lack of 
information sufficient to form a belief about the truth of the allegation. 
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Mrs. Navarro’s Answer and Affirmative Defenses to the Amended Complaint 
Oto Analytics, LLC v. Benworth Capital Partners PR LLC, et al. 
Civil No. 23-01034 (GMM) 
Page 20 of 47 
 
107. 
Paragraph 107 contains statements that are not directed towards and do not pertain 
to Mrs. Navarro, and therefore no response is required from Mrs. Navarro as she was not a party 
to the Order Form. To the extent a response is required, this paragraph is denied for lack of 
information sufficient to form a belief about the truth of the allegation. 
108. 
Paragraph 108 contains statements that are not directed towards and do not pertain 
to Mrs. Navarro, and therefore no response is required from Mrs. Navarro as she was not a party 
to the Order Form. To the extent a response is required, this paragraph is denied for lack of 
information sufficient to form a belief about the truth of the allegation. 
109. 
Paragraph 109 contains statements that are not directed towards and do not pertain 
to Mrs. Navarro, and therefore no response is required from Mrs. Navarro as she was not a party 
to the Order Form. To the extent a response is required, this paragraph is denied for lack of 
information sufficient to form a belief about the truth of the allegation. 
110. 
Paragraph 110 contains statements that are not directed towards and do not pertain 
to Mrs. Navarro, and therefore no response is required from Mrs. Navarro as she was not a party 
to the Order Form. To the extent a response is required, this paragraph is denied for lack of 
information sufficient to form a belief about the truth of the allegation. 
111. 
Paragraph 111 contains statements that are not directed towards and do not pertain 
to Mrs. Navarro, and therefore no response is required from Mrs. Navarro as she was not a party 
to the Order Form. To the extent a response is required, this paragraph is denied for lack of 
information sufficient to form a belief about the truth of the allegation. 
112. 
Paragraph 112 contains statements that are not directed towards and do not pertain 
to Mrs. Navarro, and therefore no response is required from Mrs. Navarro as she was not a party 
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Mrs. Navarro’s Answer and Affirmative Defenses to the Amended Complaint 
Oto Analytics, LLC v. Benworth Capital Partners PR LLC, et al. 
Civil No. 23-01034 (GMM) 
Page 21 of 47 
 
to the Order Form. To the extent a response is required, this paragraph is denied for lack of 
information sufficient to form a belief about the truth of the allegation. 
113. 
Paragraph 113 contains statements that are not directed towards and do not pertain 
to Mrs. Navarro, and therefore no response is required from Mrs. Navarro as she was not a party 
to the Order Form. To the extent a response is required, this paragraph is denied for lack of 
information sufficient to form a belief about the truth of the allegation. 
114. 
Paragraph 114 contains statements that are not directed towards and do not pertain 
to Mrs. Navarro, and therefore no response is required from Mrs. Navarro as she was not a party 
to the Order Form. To the extent a response is required, this paragraph is denied for lack of 
information sufficient to form a belief about the truth of the allegation. 
115. 
Paragraph 115 contains statements that are not directed towards and do not pertain 
to Mrs. Navarro, and therefore no response is required from Mrs. Navarro as she was not a party 
to the Order Form. To the extent a response is required, this paragraph is denied for lack of 
information sufficient to form a belief about the truth of the allegation. 
116. 
Paragraph 116 contains statements that are not directed towards and do not pertain 
to Mrs. Navarro, and therefore no response is required from Mrs. Navarro as she was not a party 
to the Order Form. To the extent a response is required, this paragraph is denied for lack of 
information sufficient to form a belief about the truth of the allegation. 
117. 
Paragraph 117 contains statements that are not directed towards and do not pertain 
to Mrs. Navarro, and therefore no response is required from Mrs. Navarro as she was not a party 
to the Order Form. To the extent a response is required, this paragraph is denied for lack of 
information sufficient to form a belief about the truth of the allegation. 
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Mrs. Navarro’s Answer and Affirmative Defenses to the Amended Complaint 
Oto Analytics, LLC v. Benworth Capital Partners PR LLC, et al. 
Civil No. 23-01034 (GMM) 
Page 22 of 47 
 
118. 
Paragraph 118 contains statements that are not directed towards and do not pertain 
to Mrs. Navarro, and therefore no response is required from Mrs. Navarro as she was not a party 
to the Order Form. To the extent a response is required, this paragraph is denied for lack of 
information sufficient to form a belief about the truth of the allegation. 
119. 
Paragraph 119 contains statements that are not directed towards and do not pertain 
to Mrs. Navarro, and therefore no response is required from Mrs. Navarro as it was not a party to 
the Order Form. To the extent a response is required, this paragraph is denied for lack of 
information sufficient to form a belief about the truth of the allegation. 
120. 
Paragraph 120 contains statements that are not directed towards and do not pertain 
to Mrs. Navarro, and therefore no response is required from Mrs. Navarro as she was not a party 
to the Order Form or Referral Agreement. To the extent a response is required, this paragraph is 
denied for lack of information sufficient to form a belief about the truth of the allegation. 
121. 
Paragraph 121 contains statements that are not directed towards and do not pertain 
to Mrs. Navarro, and therefore no response is required from Mrs. Navarro as she was not a party 
to the Referral Agreement or Master Developer Agreement. To the extent a response is required, 
this paragraph is denied for lack of information sufficient to form a belief about the truth of the 
allegation. 
122. 
Paragraph 122 contains statements that are not directed towards and do not pertain 
to Mrs. Navarro, and therefore no response is required from Mrs. Navarro as she was not a party 
to the Referral Agreement or Master Developer Agreement. To the extent a response is required, 
this paragraph is denied for lack of information sufficient to form a belief about the truth of the 
allegation. 
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Mrs. Navarro’s Answer and Affirmative Defenses to the Amended Complaint 
Oto Analytics, LLC v. Benworth Capital Partners PR LLC, et al. 
Civil No. 23-01034 (GMM) 
Page 23 of 47 
 
123. 
Paragraph 123 contains statements that are not directed towards and do not pertain 
to Mrs. Navarro, and therefore no response is required from Mrs. Navarro as she was not a party 
to the Referral Agreement or Order Form. To the extent a response is required, this paragraph is 
denied for lack of information sufficient to form a belief about the truth of the allegation. 
124. 
Paragraph 124 contains statements that are not directed towards and do not pertain 
to Mrs. Navarro, and therefore no response is required from Mrs. Navarro. To the extent a response 
is required, this paragraph is denied for lack of information sufficient to form a belief about the 
truth of the allegation. 
125. 
Paragraph 125 contains statements that are not directed towards and do not pertain 
to Mrs. Navarro, and therefore no response is required from Mrs. Navarro. To the extent a response 
is required, this paragraph is denied for lack of information sufficient to form a belief about the 
truth of the allegation. 
126. 
Paragraph 126 contains statements that are not directed towards and do not pertain 
to Mrs. Navarro, and therefore no response is required from Mrs. Navarro. To the extent a response 
is required, this paragraph is denied for lack of information sufficient to form a belief about the 
truth of the allegation. 
127. 
Paragraph 127 contains statements that are not directed towards and do not pertain 
to Mrs. Navarro, and therefore no response is required from Mrs. Navarro as she was not a party 
to the Order Form. To the extent a response is required, this paragraph is denied for lack of 
information sufficient to form a belief about the truth of the allegation. 
128. 
Paragraph 128 contains statements that are not directed towards and do not pertain 
to Mrs. Navarro, and therefore no response is required from Mrs. Navarro as she was not a party 
Case 3:23-cv-01034-GMM     Document 151     Filed 08/19/24     Page 23 of 47

Mrs. Navarro’s Answer and Affirmative Defenses to the Amended Complaint 
Oto Analytics, LLC v. Benworth Capital Partners PR LLC, et al. 
Civil No. 23-01034 (GMM) 
Page 24 of 47 
 
to the Order Form. To the extent a response is required, this paragraph is denied for lack of 
information sufficient to form a belief about the truth of the allegation. 
129. 
Paragraph 129 contains statements that are not directed towards and do not pertain 
to Mrs. Navarro, and therefore no response is required from Mrs. Navarro as she was not a party 
to the Order Form. To the extent a response is required, this paragraph is denied for lack of 
information sufficient to form a belief about the truth of the allegation. 
130. 
Paragraph 130 contains statements that are not directed towards and do not pertain 
to Mrs. Navarro, and therefore no response is required from Mrs. Navarro as she was not a party 
to the Agreements. To the extent a response is required, this paragraph is denied for lack of 
information sufficient to form a belief about the truth of the allegation. 
131. 
Paragraph 131 contains statements that are not directed towards and do not pertain 
to Mrs. Navarro, and therefore no response is required from Mrs. Navarro. To the extent a response 
is required, this paragraph is denied for lack of information sufficient to form a belief about the 
truth of the allegation. 
132. 
Paragraph 132 contains statements that are not directed towards and do not pertain 
to Mrs. Navarro, and therefore no response is required from Mrs. Navarro. To the extent a response 
is required, this paragraph is denied for lack of information sufficient to form a belief about the 
truth of the allegation. 
133. 
Paragraph 133 contains statements that are not directed towards and do not pertain 
to Mrs. Navarro, and therefore no response is required from Mrs. Navarro. To the extent a response 
is required, this paragraph is denied for lack of information sufficient to form a belief about the 
truth of the allegation. 
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Mrs. Navarro’s Answer and Affirmative Defenses to the Amended Complaint 
Oto Analytics, LLC v. Benworth Capital Partners PR LLC, et al. 
Civil No. 23-01034 (GMM) 
Page 25 of 47 
 
134. 
Paragraph 134 contains statements that are not directed towards and do not pertain 
to Mrs. Navarro, and therefore no response is required from Mrs. Navarro. To the extent a response 
is required, this paragraph is denied for lack of information sufficient to form a belief about the 
truth of the allegation. 
135. 
Paragraph 135 contains statements that are not directed towards and do not pertain 
to Mrs. Navarro, and therefore no response is required from Mrs. Navarro as she was not a party 
to the Order Form. To the extent a response is required, this paragraph is denied for lack of 
information sufficient to form a belief about the truth of the allegation. 
136. 
Paragraph 135 contains statements that are not directed towards and do not pertain 
to Mrs. Navarro, and therefore no response is required from Mrs. Navarro as she was not a party 
to the Agreements. To the extent a response is required, this paragraph is denied for lack of 
information sufficient to form a belief about the truth of the allegation. 
137. 
Paragraph 137 contains statements that are not directed towards and do not pertain 
to Mrs. Navarro, and therefore no response is required from Mrs. Navarro. To the extent a response 
is required, this paragraph is denied for lack of information sufficient to form a belief about the 
truth of the allegation. 
138. 
Paragraph 138 contains statements that are not directed towards and do not pertain 
to Mrs. Navarro, and therefore no response is required from Mrs. Navarro. To the extent a response 
is required, this paragraph is denied for lack of information sufficient to form a belief about the 
truth of the allegation. 
139. 
Paragraph 139 contains statements that are not directed towards and do not pertain 
to Mrs. Navarro, and therefore no response is required from Mrs. Navarro as she was not a party 
Case 3:23-cv-01034-GMM     Document 151     Filed 08/19/24     Page 25 of 47

Mrs. Navarro’s Answer and Affirmative Defenses to the Amended Complaint 
Oto Analytics, LLC v. Benworth Capital Partners PR LLC, et al. 
Civil No. 23-01034 (GMM) 
Page 26 of 47 
 
to the Order Form. To the extent a response is required, this paragraph is denied for lack of 
information sufficient to form a belief about the truth of the allegation. 
140. 
Paragraph 140 contains statements that are not directed towards and do not pertain 
to Mrs. Navarro, and therefore no response is required from Mrs. Navarro as she was not a party 
to the Agreements. To the extent a response is required, this paragraph is denied for lack of 
information sufficient to form a belief about the truth of the allegation. 
141. 
Paragraph 141 contains statements that are not directed towards and do not pertain 
to Mrs. Navarro, and therefore no response is required from Mrs. Navarro. To the extent a response 
is required, this paragraph is denied for lack of information sufficient to form a belief about the 
truth of the allegation. 
142. 
Paragraph 142 contains statements that are not directed towards and do not pertain 
to Mrs. Navarro, and therefore no response is required from Mrs. Navarro. To the extent a response 
is required, this paragraph is denied for lack of information sufficient to form a belief about the 
truth of the allegation. 
143. 
Paragraph 143 contains statements that are not directed towards and do not pertain 
to Mrs. Navarro, and therefore no response is required from Mrs. Navarro as she was not a party 
to the Agreements. To the extent a response is required, this paragraph is denied for lack of 
information sufficient to form a belief about the truth of the allegation. 
144. 
Paragraph 144 contains statements that are not directed towards and do not pertain 
to Mrs. Navarro, and therefore no response is required from Mrs. Navarro as she was not a party 
to the Agreements. To the extent a response is required, this paragraph is denied for lack of 
information sufficient to form a belief about the truth of the allegation. 
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Mrs. Navarro’s Answer and Affirmative Defenses to the Amended Complaint 
Oto Analytics, LLC v. Benworth Capital Partners PR LLC, et al. 
Civil No. 23-01034 (GMM) 
Page 27 of 47 
 
145. 
Paragraph 145 contains statements that are not directed towards and do not pertain 
to Mrs. Navarro, and therefore no response is required from Mrs. Navarro as she did not draft the 
August 16 Letter. To the extent a response is required, this paragraph is denied for lack of 
information sufficient to form a belief about the truth of the allegation. 
146. 
Paragraph 146 contains statements that are not directed towards and do not pertain 
to Mrs. Navarro, and therefore no response is required from Mrs. Navarro as she did not draft the 
August 16 Letter. To the extent a response is required, this paragraph is denied for lack of 
information sufficient to form a belief about the truth of the allegation. 
147. 
Paragraph 147 contains statements that are not directed towards and do not pertain 
to Mrs. Navarro, and therefore no response is required from Mrs. Navarro as she did not draft the 
August 16 Letter. To the extent a response is required, this paragraph is denied for lack of 
information sufficient to form a belief about the truth of the allegation. 
148. 
Paragraph 148 contains statements that are not directed towards and do not pertain 
to Mrs. Navarro, and therefore no response is required from Mrs. Navarro as she did not draft the 
August 16 Letter. To the extent a response is required, this paragraph is denied for lack of 
information sufficient to form a belief about the truth of the allegation. 
149. 
Paragraph 149 contains statements that are not directed towards and do not pertain 
to Mrs. Navarro, and therefore no response is required from Mrs. Navarro as she did not draft the 
August 16 Letter. To the extent a response is required, Mrs. Navarro adopts and incorporates herein 
Mr. Navarro’s response to Paragraph 149 in its Answer to Amended Complaint. 
150. 
Paragraph 150 contains statements that are not directed towards and do not pertain 
to Mrs. Navarro, and therefore no response is required from Mrs. Navarro. To the extent a response 
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Mrs. Navarro’s Answer and Affirmative Defenses to the Amended Complaint 
Oto Analytics, LLC v. Benworth Capital Partners PR LLC, et al. 
Civil No. 23-01034 (GMM) 
Page 28 of 47 
 
is required, Mrs. Navarro adopts and incorporates herein Mr. Navarro’s response to Paragraph 150 
in its Answer to Amended Complaint. 
151. 
Paragraph 151 contains statements that are not directed towards and do not pertain 
to Mrs. Navarro, and therefore no response is required from Mrs. Navarro. To the extent a response 
is required, Mrs. Navarro adopts and incorporates herein Mr. Navarro’s response to Paragraph 151 
in its Answer to Amended Complaint. 
152. 
Paragraph 152 contains statements that are not directed towards and do not pertain 
to Mrs. Navarro, and therefore no response is required from Mrs. Navarro. To the extent a response 
is required, this paragraph is denied for lack of information sufficient to form a belief about the 
truth of the allegation. 
153. 
Paragraph 153 contains statements that are not directed towards and do not pertain 
to Mrs. Navarro, and therefore no response is required from Mrs. Navarro. To the extent a response 
is required, this paragraph is denied for lack of information sufficient to form a belief about the 
truth of the allegation. 
154. 
Paragraph 154 contains statements that are not directed towards and do not pertain 
to Mrs. Navarro, and therefore no response is required from Mrs. Navarro. To the extent a response 
is required, this paragraph is denied for lack of information sufficient to form a belief about the 
truth of the allegation. 
155. 
 Paragraph 155 contains statements that are not directed towards and do not pertain 
to Mrs. Navarro, and therefore no response is required from Mrs. Navarro. To the extent a response 
is required, this paragraph is denied for lack of information sufficient to form a belief about the 
truth of the allegation. 
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Mrs. Navarro’s Answer and Affirmative Defenses to the Amended Complaint 
Oto Analytics, LLC v. Benworth Capital Partners PR LLC, et al. 
Civil No. 23-01034 (GMM) 
Page 29 of 47 
 
156. 
Paragraph 156 contains statements that are not directed towards and do not pertain 
to Mrs. Navarro, and therefore no response is required from Mrs. Navarro. To the extent a response 
is required, this paragraph is denied for lack of information sufficient to form a belief about the 
truth of the allegation. 
157. 
Paragraph 157 contains statements that are not directed towards and do not pertain 
to Mrs. Navarro, and therefore no response is required from Mrs. Navarro as she was not a party 
to the arbitration. To the extent a response is required, this paragraph is denied for lack of 
information sufficient to form a belief about the truth of the allegation. 
158. 
Paragraph 158 contains statements that are not directed towards and do not pertain 
to Mrs. Navarro, and therefore no response is required from Mrs. Navarro as she was not a party 
to the arbitration. To the extent a response is required, this paragraph is denied for lack of 
information sufficient to form a belief about the truth of the allegation. 
159. 
Paragraph 159 contains statements that are not directed towards and do not pertain 
to Mrs. Navarro, and therefore no response is required from Mrs. Navarro as she was not a party 
to the arbitration. To the extent a response is required, this paragraph is denied for lack of 
information sufficient to form a belief about the truth of the allegation. 
160. 
Paragraph 160 contains statements that are not directed towards and do not pertain 
to Mrs. Navarro, and therefore no response is required from Mrs. Navarro as she was not a party 
to the arbitration. To the extent a response is required, this paragraph is denied for lack of 
information sufficient to form a belief about the truth of the allegation. 
161. 
Paragraph 161 contains statements that are not directed towards and do not pertain 
to Mrs. Navarro, and therefore no response is required from Mrs. Navarro as she was not a party 
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Mrs. Navarro’s Answer and Affirmative Defenses to the Amended Complaint 
Oto Analytics, LLC v. Benworth Capital Partners PR LLC, et al. 
Civil No. 23-01034 (GMM) 
Page 30 of 47 
 
to the arbitration. To the extent a response is required, this paragraph is denied for lack of 
information sufficient to form a belief about the truth of the allegation. 
162. 
Paragraph 162 contains statements that are not directed towards and do not pertain 
to Mrs. Navarro, and therefore no response is required from Mrs. Navarro as she was not a party 
to the arbitration. To the extent a response is required, this paragraph is denied for lack of 
information sufficient to form a belief about the truth of the allegation. 
163. 
Paragraph 163 contains statements that are not directed towards and do not pertain 
to Mrs. Navarro, and therefore no response is required from Mrs. Navarro as she was not a party 
to the arbitration. To the extent a response is required, this paragraph is denied for lack of 
information sufficient to form a belief about the truth of the allegation. 
164. 
Paragraph 164 contains statements that are not directed towards and do not pertain 
to Mrs. Navarro, and therefore no response is required from Mrs. Navarro as she was not a party 
to the arbitration. To the extent a response is required, this paragraph is denied for lack of 
information sufficient to form a belief about the truth of the allegation. 
165. 
Paragraph 165 is denied. 
166. 
Paragraph 166 contains statements that are not directed towards and do not pertain 
to Mrs. Navarro, and therefore no response is required from Mrs. Navarro as she was not a party 
to the arbitration. To the extent a response is required, Mrs. Navarro adopts and incorporates herein 
Benworth FL and Mr. Navarro’s responses to Paragraph 166 in their Answer to Amended 
Complaint. The remainder of this paragraph is denied for lack of information sufficient to form a 
belief about the truth of the allegation. 
167. 
Paragraph 167 contains statements that are not directed towards and do not pertain 
to Mrs. Navarro, and therefore no response is required from Mrs. Navarro. To the extent a response 
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Mrs. Navarro’s Answer and Affirmative Defenses to the Amended Complaint 
Oto Analytics, LLC v. Benworth Capital Partners PR LLC, et al. 
Civil No. 23-01034 (GMM) 
Page 31 of 47 
 
is required, Mrs. Navarro adopts and incorporates herein Benworth FL’s response to Paragraph 
167 in its Answer to Amended Complaint. 
168. 
From Paragraph 168, Mrs. Navarro admits that (1) Benworth PR entered into the 
Original LSA with Benworth FL, (2) Mr. Navarro executed the agreement on behalf of Benworth 
FL, and (3) Mrs. Navarro executed the agreement on behalf of Benworth PR. The remainder of 
the paragraph, including Womply’s characterization and legal conclusions and/or inferences as to 
the Original LSA, is denied. 
169. 
Paragraph 169 is denied as drafted. Mrs. Navarro affirmatively alleges that the 
Original LSA speaks for itself and denies Womply’s characterization and legal conclusions and/or 
inferences as to the same. 
170. 
Paragraph 170 is denied as drafted. Mrs. Navarro affirmatively alleges that (1) 
Benworth PR filed a Certificate of Organization and Certificate of Formation of a Limited Liability 
Company with the Government of Puerto Rico Department of State on June 28, 2021, and (2) 
Benworth FL and Benworth PR executed the Amended LSA but denies Womply’s characterization 
and legal conclusions and/or inferences as to the Amended LSA. 
171. 
Paragraph 171 is denied as drafted. Mrs. Navarro affirmatively alleges that the 
Amended LSA speaks for itself and denies Womply’s characterization and legal conclusions 
and/or inferences as to the same.  
172. 
 Paragraph 172 is denied as drafted. Mrs. Navarro affirmatively alleges that the 
Amended LSA speaks for itself and denies Womply’s characterization and legal conclusions 
and/or inferences as to the same. 
173. 
From Paragraph 173, Mrs. Navarro admits that she and Mr. Navarro collaborated 
to draft the LSAs. The remainder of the paragraph is denied. 
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Mrs. Navarro’s Answer and Affirmative Defenses to the Amended Complaint 
Oto Analytics, LLC v. Benworth Capital Partners PR LLC, et al. 
Civil No. 23-01034 (GMM) 
Page 32 of 47 
 
174. 
Paragraph 174 contains statements that are not directed towards and do not pertain 
to Mrs. Navarro, and therefore no response is required from Mrs. Navarro. To the extent a response 
is required, Mrs. Navarro adopts and incorporates herein Benworth FL and Mr. Navarro’s 
responses to Paragraph 174 in their Answers to Amended Complaint. 
175. 
Paragraph 175 contains statements that are not directed towards and do not pertain 
to Mrs. Navarro, and therefore no response is required from Mrs. Navarro as it was not a party to 
the arbitration. To the extent a response is required, Mrs. Navarro adopts and incorporates herein 
Benworth FL’s response to Paragraph 175 in its Answer to Amended Complaint. 
176. 
Paragraph 176 contains statements that are not directed towards and do not pertain 
to Mrs. Navarro, and therefore no response is required from Mrs. Navarro. To the extent a response 
is required, Mrs. Navarro adopts and incorporates herein Benworth FL and Mr. Navarro’s 
responses to Paragraph 176 in their Answers to Amended Complaint. 
177. 
Paragraph 177, including its footnote 10, is denied as drafted. Mrs. Navarro 
affirmatively alleges that the LSA speaks for itself and denies Womply’s characterization and legal 
conclusions and/or inferences regarding the same. 
178. 
Paragraph 178 is denied as drafted. Mrs. Navarro affirmatively alleges that the LSA 
speaks for itself and denies Womply’s characterization and legal conclusions and/or inferences 
regarding the same. 
179. 
Paragraph 179 is denied as drafted. Mrs. Navarro alleges that the LSA speaks for 
itself and denies Womply’s characterization and legal conclusions and/or inferences regarding the 
same. 
180. 
Paragraph 180 contains statements that are not directed towards and do not pertain 
to Mrs. Navarro, and therefore no response is required from Mrs. Navarro as it was not a party to 
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Mrs. Navarro’s Answer and Affirmative Defenses to the Amended Complaint 
Oto Analytics, LLC v. Benworth Capital Partners PR LLC, et al. 
Civil No. 23-01034 (GMM) 
Page 33 of 47 
 
the arbitration. To the extent a response is required, Mrs. Navarro adopts and incorporates herein 
Benworth FL and Mr. Navarro’s responses to Paragraph 180 in their Answers to Amended 
Complaint. 
181. 
Paragraph 181 is denied. 
182. 
Paragraph 182 is denied. 
183. 
Paragraph 183 contains statements that are not directed towards and do not pertain 
to Mrs. Navarro, and therefore no response is required from Mrs. Navarro as it was not a party to 
the arbitration. To the extent a response is required, Mrs. Navarro adopts and incorporates herein 
Benworth FL and Mr. Navarro’s responses to Paragraph 183 in their Answers to Amended 
Complaint. 
184. 
Paragraph 184 is denied as drafted. 
185. 
Paragraph 185 is denied. 
186. 
Paragraph 186 is denied as drafted.  Mrs. Navarro affirmatively alleges that Mr. 
Navarro’s testimony at his depositions and the Amended LSA speaks for itself and denies 
Womply’s characterization and legal conclusions and/or inferences regarding the same. 
187. 
Paragraph 187 is denied. 
188. 
Paragraph 188 is denied as drafted. Mrs. Navarro affirmatively alleges that the 
content of Benworth FL’s website speaks for itself and denies Womply’s characterization and legal 
conclusions and/or inferences of the content of its website. 
189. 
Paragraph 189 is denied as drafted. Mrs. Navarro affirmatively alleges that the 
content of Mr. Navarro’s LinkedIn profile speaks for itself and denies Womply’s characterization 
and legal conclusions and/or inferences regarding the same. 
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Mrs. Navarro’s Answer and Affirmative Defenses to the Amended Complaint 
Oto Analytics, LLC v. Benworth Capital Partners PR LLC, et al. 
Civil No. 23-01034 (GMM) 
Page 34 of 47 
 
190. 
From Paragraph 190, Mrs. Navarro admits that Benworth FL has serviced its own 
PPP loans in the past. The remainder of the paragraph is denied. 
191. 
From Paragraph 191, Mrs. Navarro admits that (1) Benworth FL sent a letter to 
Congress in 2022 and (2) Paragraph 191 cites portions of said letter but denies that such citation 
is the sole statement contained in the letter and denies any inferences from the cited portions based 
on completeness of the allegations. Mrs. Navarro affirmatively alleges that the letter referenced in 
this paragraph speaks for itself and denies Womply’s characterization and legal conclusions and/or 
inferences as to the same. Mrs. Navarro refers to the letter itself for its true and complete contents. 
192. 
Paragraph 192 is denied. 
193. 
Paragraph 193 is denied. 
194. 
Paragraph 194 is denied. 
195. 
Paragraph 195 is denied as drafted. 
196. 
Paragraph 196 is denied as drafted. Mrs. Navarro affirmatively alleges that Mr. 
Navarro’s testimony at his depositions speaks for itself and denies Womply’s characterization and 
legal conclusions and/or inferences regarding the same. 
197. 
Paragraph 197 is denied as drafted. Mrs. Navarro affirmatively alleges that the 
testimony referenced in this paragraph should speak for itself and denies Womply’s 
characterization and legal conclusions and/or inferences regarding the same. 
198. 
Paragraph 198 is denied as drafted. Mrs. Navarro affirmatively alleges that Mr. 
Navarro’s testimony at his depositions should speak for itself and denies Womply’s 
characterization and legal conclusions and/or inferences regarding the same. 
199. 
Paragraph 199 is denied as drafted. 
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Mrs. Navarro’s Answer and Affirmative Defenses to the Amended Complaint 
Oto Analytics, LLC v. Benworth Capital Partners PR LLC, et al. 
Civil No. 23-01034 (GMM) 
Page 35 of 47 
 
200. 
Paragraph 200 is denied as drafted. Mrs. Navarro affirmatively alleges that Mr. 
Navarro’s testimony should speak for itself and denies Womply’s characterization and legal 
conclusions and/or inferences regarding the same. 
201. 
Paragraph 201 is denied. 
202. 
Paragraph 202 is denied. 
203. 
Paragraph 203 is denied as drafted. Mrs. Navarro affirmatively alleges that Mr. 
Navarro’s testimony should speak for itself and denies Womply’s characterization and legal 
conclusions and/or inferences regarding the same. 
204. 
Paragraph 204 is denied as drafted. Mrs. Navarro affirmatively alleges that Mr. 
Navarro’s testimony should speak for itself and denies Womply’s characterization and legal 
conclusions and/or inferences regarding the same. 
205. 
Paragraph 205 contains statements regarding co-defendant Mr. Navarro, not Mrs. 
Navarro, and contains Womply’s legal interpretations and conclusions of case TotalBank Florida 
Bank Corp. v. Bernardo Enrique Navarro, Case No. 2012-012858 (Fla. Cir. Ct. Miami-Dade 
Cnty.), thus does it not require a response from Mrs. Navarro. Should a response be required, Mrs. 
Navarro adopts and incorporates herein Mr. Navarro’s response to Paragraph 205 in his Answer 
to Amended Complaint. 
206. 
Paragraph 206 contains statements regarding co-defendant Mr. Navarro, not Mrs. 
Navarro, and contains Womply’s legal interpretations and conclusions as to case TotalBank 
Florida Bank Corp. v. Bernardo Enrique Navarro, Case No. 2012-012858 (Fla. Cir. Ct. Miami-
Dade Cnty.), thus does it not require a response from Mrs. Navarro. Should a response be required, 
Mrs. Navarro adopts and incorporates herein Mr. Navarro’s response to Paragraph 206 in his 
Answer to Amended Complaint. 
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Mrs. Navarro’s Answer and Affirmative Defenses to the Amended Complaint 
Oto Analytics, LLC v. Benworth Capital Partners PR LLC, et al. 
Civil No. 23-01034 (GMM) 
Page 36 of 47 
 
207. 
Paragraph 207 contains statements regarding co-defendant Mr. Navarro, not Mrs. 
Navarro, and contains Womply’s legal interpretations and conclusions as to case TotalBank 
Florida Bank Corp. v. Bernardo Enrique Navarro, Case No. 2012-012858 (Fla. Cir. Ct. Miami-
Dade Cnty.), thus does it not require a response from Mrs. Navarro. Should a response be required, 
Mrs. Navarro adopts and incorporates herein Mr. Navarro’s response to Paragraph 207 in his 
Answer to Amended Complaint. 
208. 
Paragraph 208 contains statements regarding co-defendant Mr. Navarro, not Mrs. 
Navarro, and contains Womply’s legal interpretations and conclusions as to case TotalBank 
Florida Bank Corp. v. Bernardo Enrique Navarro, Case No. 2012-012858 (Fla. Cir. Ct. Miami-
Dade Cnty.), thus does it not require a response from Mrs. Navarro. Should a response be required, 
Mrs. Navarro adopts and incorporates herein Mr. Navarro’s response to Paragraph 208 in his 
Answer to Amended Complaint. 
209. 
Paragraph 209 contains statements regarding co-defendant Mr. Navarro, not Mrs. 
Navarro, and contains Womply’s legal interpretations and conclusions as to case TotalBank 
Florida Bank Corp. v. Bernardo Enrique Navarro, Case No. 2012-012858 (Fla. Cir. Ct. Miami-
Dade Cnty.), thus does it not require a response from Mrs. Navarro. Should a response be required, 
Mrs. Navarro adopts and incorporates herein Mr. Navarro’s response to Paragraph 209 in his 
Answer to Amended Complaint.  
210. 
Paragraph 210 contains statements that are not directed towards and do not pertain 
to Mrs. Navarro, and therefore no response is required from Mrs. Navarro as she was not a party 
to the arbitration. To the extent a response is required, Mrs. Navarro adopts and incorporates herein 
Benworth FL’s response to Paragraph 210 in its Answer to Amended Complaint. 
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Mrs. Navarro’s Answer and Affirmative Defenses to the Amended Complaint 
Oto Analytics, LLC v. Benworth Capital Partners PR LLC, et al. 
Civil No. 23-01034 (GMM) 
Page 37 of 47 
 
211. 
Paragraph 211 contains statements that are not directed towards and do not pertain 
to Mrs. Navarro, and therefore no response is required from Mrs. Navarro as she was not a party 
to the arbitration. To the extent a response is required, Mrs. Navarro adopts and incorporates herein 
Benworth FL’s response to Paragraph 211 in its Answer to Amended Complaint. 
212. 
Paragraph 212 contains statements that are not directed towards and do not pertain 
to Mrs. Navarro, and therefore no response is required from Mrs. Navarro as she was not a party 
to the arbitration. To the extent a response is required, Mrs. Navarro adopts and incorporates herein 
Benworth FL’s response to Paragraph 212 in its Answer to Amended Complaint. 
213. 
Paragraph 213 contains statements that are not directed towards and do not pertain 
to Mrs. Navarro, and therefore no response is required from Mrs. Navarro as she was not a party 
to the arbitration. To the extent a response is required,  Mrs. Navarro adopts and incorporates 
herein Benworth FL’s response to Paragraph 213 in its Answer to Amended Complaint. 
214. 
Paragraph 214 contains statements that are not directed towards and do not pertain 
to Mrs. Navarro, and therefore no response is required from Mrs. Navarro as she was not a party 
to the arbitration. To the extent a response is required,  Mrs. Navarro adopts and incorporates 
herein Benworth FL’s response to Paragraph 214 in its Answer to Amended Complaint. 
COUNT I – ACTUAL FRAUDULEN TRANSFER 
(Against Benworth PR and Benworth FL) 
 
215. 
Count I is not against Mrs. Navarro, but, to the extent necessary, Mrs. Navarro 
incorporates her responses to paragraphs 1 through 214 as if fully stated herein. 
216. 
Count I is not against Mrs. Navarro, but, to the extent necessary, Paragraph 216 is 
denied. 
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Mrs. Navarro’s Answer and Affirmative Defenses to the Amended Complaint 
Oto Analytics, LLC v. Benworth Capital Partners PR LLC, et al. 
Civil No. 23-01034 (GMM) 
Page 38 of 47 
 
217. 
Count I is not against Mrs. Navarro, but, to the extent necessary, Paragraph 217 is 
denied. 
218. 
Count I is not against Mrs. Navarro, but, to the extent necessary, Paragraph 218 is 
denied. 
219. 
Count I is not against Mrs. Navarro, but, to the extent necessary, Paragraph 219 is 
denied. 
220. 
Count I is not against Mrs. Navarro, but, to the extent necessary, Paragraph 220 is 
denied. 
221. 
Count I is not against Mrs. Navarro, but, to the extent necessary, Paragraph 221 is 
denied. 
222. 
Count I is not against Mrs. Navarro, but, to the extent necessary, Paragraph 222 is 
denied. 
223. 
Count I is not against Mrs. Navarro, but, to the extent necessary, Paragraph 223 is 
denied. 
224. 
Count I is not against Mrs. Navarro, but, to the extent necessary, Paragraph 224 is 
denied.  Mrs. Navarro affirmatively alleges that it filed a Certificate of Organization and Certificate 
of Formation of a Limited Liability Company with the Government of Puerto Rico Department of 
State on June 28, 2021. 
225. 
Count I is not against Mrs. Navarro, but, to the extent necessary, Paragraph 225 is 
denied. 
226. 
Count I is not against Mrs. Navarro, but, to the extent necessary, Paragraph 226 is 
denied. 
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Mrs. Navarro’s Answer and Affirmative Defenses to the Amended Complaint 
Oto Analytics, LLC v. Benworth Capital Partners PR LLC, et al. 
Civil No. 23-01034 (GMM) 
Page 39 of 47 
 
227. 
Count I is not against Mrs. Navarro, but, to the extent necessary, Paragraph 227 is 
denied. 
228. 
Count I is not against Mrs. Navarro, but, to the extent necessary, Paragraph 228 is 
denied. 
229. 
Count I is not against Mrs. Navarro, but, to the extent necessary, Paragraph 229 is 
denied. 
COUNT II – CONSTRUCTIVE FRAUDULENT TRANSFER 
(Against Benworth PR and Benworth FL) 
 
230. 
Count II is not against Mrs. Navarro, but, to the extent necessary, Mrs. Navarro 
incorporates her responses to paragraphs 1 through 229 as if fully stated herein. 
231. 
Count II is not against Mrs. Navarro, but, to the extent necessary, Paragraph 231 is 
denied. 
232. 
Count II is not against Mrs. Navarro, but, to the extent necessary, Paragraph 232 is 
denied. 
233. 
Count II is not against Mrs. Navarro, but, to the extent necessary, Paragraph 233 is 
denied.  
234. 
Count II is not against Mrs. Navarro, but, to the extent necessary, Paragraph 234 is 
denied. 
235. 
Count II is not against Mrs. Navarro, but, to the extent necessary, Paragraph 235 is 
denied. 
236. 
Count II is not against Mrs. Navarro, but, to the extent necessary, Paragraph 236 is 
denied. 
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Mrs. Navarro’s Answer and Affirmative Defenses to the Amended Complaint 
Oto Analytics, LLC v. Benworth Capital Partners PR LLC, et al. 
Civil No. 23-01034 (GMM) 
Page 40 of 47 
 
237. 
Count II is not against Mrs. Navarro, but, to the extent necessary, Paragraph 237 is 
denied. 
238. 
Count II is not against Mrs. Navarro, but, to the extent necessary, Paragraph 238 is 
denied. 
239. 
Count II is not against Mrs. Navarro, but, to the extent necessary, Paragraph 239 is 
denied. Mrs. Navarro affirmatively alleges that Benworth PR filed a Certificate of Organization 
and Certificate of Formation of a Limited Liability Company with the Government of Puerto Rico 
Department of State on June 28, 2021. 
240. 
Count II is not against Mrs. Navarro, but, to the extent necessary, Paragraph 240 is 
denied. 
COUNT III – DECLARATORY JUDGMENT – ALTER EGO OR SUCCESSOR 
(Against Benworth PR and Benworth FL) 
 
241. 
Count III is not against Mrs. Navarro, but, to the extent necessary, Mrs. Navarro 
incorporates her responses to paragraphs 1 through 240 as if fully stated herein. 
242. 
Count III is not against Mrs. Navarro, but, to the extent necessary, Paragraph 242 
is denied. 
243. 
Count III is not against Mrs. Navarro, but, to the extent necessary, Paragraph 243 
is denied. 
244. 
Count III is not against Mrs. Navarro, but, to the extent necessary, Paragraph 244 
is denied. 
245. 
Count III is not against Mrs. Navarro, but, to the extent necessary, Paragraph 245 
is denied. 
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Mrs. Navarro’s Answer and Affirmative Defenses to the Amended Complaint 
Oto Analytics, LLC v. Benworth Capital Partners PR LLC, et al. 
Civil No. 23-01034 (GMM) 
Page 41 of 47 
 
246. 
Count III is not against Mrs. Navarro, but, to the extent necessary, Paragraph 246, 
including its subsections (a) through (n), is denied. 
247. 
Count III is not against Mrs. Navarro, but, to the extent necessary, Paragraph 247 
is denied. 
248. 
Count III is not against Mrs. Navarro, but, to the extent necessary, Paragraph 248 
is not a factual averment and thus does not require a response. To the extent a response is required, 
Mrs. Navarro denies Paragraph 248.  
COUNT IV – DECLARATORY JUDGMENT – VEIL PIERCING 
(Against Bernardo Navarro, Claudia Navarro, and Benworth PR) 
 
249. 
Mrs. Navarro incorporates her responses to paragraphs 1 through 248 as if fully 
stated herein. 
250. 
Paragraph 250 is denied. 
251. 
Paragraph 251 is denied. 
252. 
Paragraph 252 is denied. 
253. 
Paragraph 253 is denied. 
254. 
Paragraph 254 is denied. 
255. 
Paragraph 255 is not a factual averment and is denied. 
PRAYER FOR RELIEF 
 
256. 
Paragraph 256 is denied. Womply is not entitled to any of the relief sought in the 
Amended Complaint. 
JURY TRIAL DEMAND 
 
Mrs. Navarro demands trial by jury on all issues and counts. 
 
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Mrs. Navarro’s Answer and Affirmative Defenses to the Amended Complaint 
Oto Analytics, LLC v. Benworth Capital Partners PR LLC, et al. 
Civil No. 23-01034 (GMM) 
Page 42 of 47 
 
MRS. NAVARRO’S AFFIRMATIVE DEFENSES 
FIRST AFFIRMATIVE DEFENSE 
(Lack of Subject Matter Jurisdiction) 
 
 
The veil piercing claim (Count IV) in the Amended Complaint is barred, in whole or in 
part, because there is no subject-matter jurisdiction over Womply’s claims. Womply must establish 
“as a matter of black letter law, . . . the citizenship of all of its members” to establish diversity 
jurisdiction. BRT Mgmt. LLC v. Malden Storage LLC, 68 F.4th 691, 693 (1st Cir. 2023). Here, 
Womply alleges that its sole member is Oto Holdco, LLC, whose sole member is SCAT20210724, 
LLC, whose sole member is “AltoIRA Custodian” for the benefit of Toby Scammell’s Roth IRA 
retirement account. Womply, however, has not established the citizenship of “AltoIRA” or that 
the citizenship of a beneficiary of a Roth IRA retirement account is sufficient to establish diversity. 
SECOND AFFIRMATIVE DEFENSE 
(Unclean Hands) 
 
 
The veil piercing claim (Count IV) in the Amended Complaint is barred, in whole or in 
part, by the doctrine of unclean hands. Specifically, the fees Womply seeks from Benworth FL 
include fees gained through fraudulent applications for PPP loans that Womply referred. The SBA 
has denied the guaranteed purchase of thousands of Womply-referred loans totaling more than $51 
million, and it may deny an additional $68 million more. Thus, if the SBA ultimately does not 
buyback these loans, Benworth FL will have to refund the principal loan amounts that the Federal 
Reserve advanced to Benworth FL for funding these Womply-referred fraudulent PPP loans. 
 
 
 
 
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Mrs. Navarro’s Answer and Affirmative Defenses to the Amended Complaint 
Oto Analytics, LLC v. Benworth Capital Partners PR LLC, et al. 
Civil No. 23-01034 (GMM) 
Page 43 of 47 
 
THIRD AFFIRMATIVE DEFENSE 
(Ripeness) 
 
 
The veil piercing claim (Count IV) in the Amended Complaint is barred, in whole or in 
part, because Womply’s claims are not ripe because the issue of whether Benworth FL is a debtor 
of Womply has not yet been confirmed under the Federal Arbitration Act. 
FOURTH AFFIRMATIVE DEFENSE 
(Reasonable Actions and Good Faith) 
 
 
The veil piercing claim (Count IV) in the Amended Complaint is barred, in whole or in 
part, because Mrs. Navarro’s conduct was at all times reasonable, proper, in good faith, and in 
compliance with applicable law. Thus, Womply’s claim against Mrs. Navarro related to piercing 
the corporate veil fails ab initio. 
FIFTH AFFIRMATIVE DEFENSE 
(Good Faith and Fair Value) 
 
 
The veil piercing claim (Count IV) in the Amended Complaint is barred, in whole or in 
part, because Mrs. Navarro’s conduct was at all times made in good faith and that reasonably 
equivalent value was received in exchange for the transfers referenced in the Amended Complaint. 
Thus, Womply’s claim against Mrs. Navarro related to piercing the corporate veil fails ab initio.  
SIXTH AFFIRMATIVE DEFENSE 
(Lack of Insolvency) 
 
 
The veil piercing claim (Count IV) in the Amended Complaint is barred, in whole or in 
part, because the transfers referenced in the Amended Complaint did not render Benworth FL 
insolvent. Thus, Womply’s claim against Mrs. Navarro related to piercing the corporate veil fails 
ab initio. 
 
 
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Mrs. Navarro’s Answer and Affirmative Defenses to the Amended Complaint 
Oto Analytics, LLC v. Benworth Capital Partners PR LLC, et al. 
Civil No. 23-01034 (GMM) 
Page 44 of 47 
 
SEVENTH AFFIRMATIVE DEFENSE 
(Ordinary Course of Business) 
 
 
The veil piercing claim (Count IV) in the Amended Complaint is barred, in whole or in 
part, because the transfers referenced in the Amended Complaint were made in the ordinary course 
of business. Thus, Womply’s claim against Mrs. Navarro related to piercing the corporate veil fails 
ab initio.  
EIGHTH AFFIRMATIVE DEFENSE 
(Lack of Fraudulent Intent) 
 
 
The veil piercing claim (Count IV) in the Amended Complaint is barred, in whole or in 
part, because Benworth FL lacks the intent to defraud creditors. Thus, Womply’s claim against 
Mrs. Navarro related to piercing the corporate veil fails ab initio. 
NINTH AFFIRMATIVE DEFENSE 
(Subsequent Good Faith Transferee) 
 
 
The veil piercing claim (Count IV) in the Amended Complaint is barred, in whole or in 
part, because the subsequent transferee took the funds in good faith and for value, without 
knowledge of the alleged fraud. Thus, Womply’s claim against Mrs. Navarro related to piercing 
the corporate veil fails ab initio. 
TENTH AFFIRMATIVE DEFENSE 
(Payment of Legitimate Debt) 
 
 
The veil piercing claim (Count IV) in the Amended Complaint is barred, in whole or in 
part, because the transfers referenced in the Amended Complaint were not fraudulent but, instead, 
were made to pay off a legitimate obligation under Benworth FL’s loan servicing agreements with 
Benworth PR. Thus, Womply’s claim against Mrs. Navarro related to piercing the corporate veil 
fails ab initio. 
 
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Mrs. Navarro’s Answer and Affirmative Defenses to the Amended Complaint 
Oto Analytics, LLC v. Benworth Capital Partners PR LLC, et al. 
Civil No. 23-01034 (GMM) 
Page 45 of 47 
 
ELEVENTH AFFIRMATIVE DEFENSE 
(Separate Financial Records) 
 
 
The veil piercing claim (Count IV) in the Amended Complaint is barred, in whole or in 
part, because Benworth FL’s finances were kept separate from those of Benworth PR, indicating 
a clear distinction between the corporate entities. 
TWELFTH AFFIRMATIVE DEFENSE 
(No Commingling of Assets) 
 
 
The veil piercing claim (Count IV) in the Amended Complaint is barred, in whole or in 
part, because there was no commingling of corporate assets between Benworth PR, Benworth FL, 
Mr. Navarro, and Mrs. Navarro. Thus, Womply’s claim against Mrs. Navarro related to piercing 
the corporate veil fails ab initio. 
THIRTEENTH AFFIRMATIVE DEFENSE 
(Legitimate Business Purpose) 
 
 
The veil piercing claim (Count IV) in the Amended Complaint is barred, in whole or in 
part, against Mrs. Navarro because Benworth PR was formed and operated for legitimate business 
purposes and not to perpetrate fraud or evade obligations. Thus, Womply’s claim against Mrs. 
Navarro related to piercing the corporate veil fails ab initio. 
FOURTEENTH AFFIRMATIVE DEFENSE 
(Set Off) 
 
 
The damages Womply seeks are subject to a set off. The fees Womply seeks from 
Benworth FL include fees gained through missing loan files and fraudulent applications for PPP 
loans that Womply referred. The SBA has denied the guaranteed purchase of thousands of 
Womply-referred loans totaling more than $51 million, and it may deny an additional $68 million 
more. Thus, if the SBA ultimately does not buyback these loans, Benworth FL will have to refund 
the principal loan amounts that the Federal Reserve advanced to Benworth FL for funding these 
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Mrs. Navarro’s Answer and Affirmative Defenses to the Amended Complaint 
Oto Analytics, LLC v. Benworth Capital Partners PR LLC, et al. 
Civil No. 23-01034 (GMM) 
Page 46 of 47 
 
Womply-referred fraudulent PPP loans. Mrs. Navarro asserts that Womply’s recovery should 
therefore be offset by the amount that Benworth FL is ultimately required to repay to the Federal 
Reserve. 
FIFTEENTH AFFIRMATIVE DEFENSE 
(Set Off) 
 
 
The damages Womply seeks are subject to a set off. Section 2.3 of the Referral Agreement 
and Section 2.3 of the Order Form provide that Womply shall return any fees paid by Benworth 
FL that the SBA or other governmental agency determines were not in compliance with applicable 
SBA and/or PPP Loan Program Requirements. Benworth FL has paid Womply approximately 
$465 million in fees and those fees are currently the subject of an investigation by the SBA and/or 
other governmental agencies. If the SBA and/or another governmental agency determines that the 
fees Benworth FL paid Womply, in whole or in part, were not in compliance with applicable SBA 
and/or PPP Loan Program Requirements, Womply must return those fees to Benworth FL and any 
damages awarded to Womply here should therefore be set off by the amount of fees that Womply 
is required to return to Benworth FL. 
SIXTEENTH AFFIRMATIVE DEFENSE 
(Public Policy) 
 
 
The damages Womply seeks are barred, in whole or in part, because compelling Benworth 
FL to pay Womply fees would require Benworth FL to violate public policy. The SBA has an 
explicit, well-defined policy that specifically militates against the relief Womply seeks here. That 
public policy expressly provides that agents, including lender service providers, like Womply, are 
only entitled to fees from lenders in connection with SBA loans that are owed under agreements 
that were submitted to and approved by the SBA. See 13 C.F.R. §§ 103.5(a), (c); Small Business 
Administration, Office of Capital Access, SOP 50 10 6: Lender and Development Company Loan 
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Mrs. Navarro’s Answer and Affirmative Defenses to the Amended Complaint 
Oto Analytics, LLC v. Benworth Capital Partners PR LLC, et al. 
Civil No. 23-01034 (GMM) 
Page 47 of 47 
 
Programs at p. 185 (Oct. 1, 2020). Womply acted as an agent and lender service provider under 
the Parties’ Agreements. The relief Womply seeks here is the payment of fees under agreements 
that indisputably were never submitted to or approved by the SBA. Ordering Benworth FL to pay 
Womply those fees as damages here would thus require Benworth FL to violate the SBA’s explicit, 
well-defined policy. Accordingly, Womply is barred from recovering damages in this action from 
Benworth FL. 
CERTIFICATE OF SERVICE: We hereby certify that on this same date the foregoing 
reply was filed with the Clerk of the Court using the CM/ECF system, which will send notification 
of such filing to all attorneys and participants of record. 
RESPECTFULLY SUBMITTED. 
In San Juan, Puerto Rico, on August 19, 2024. 
CASELLAS ALCOVER & BURGOS PSC 
PO Box 364924 
San Juan, PR 00936-4924 
Tel. (787) 756-1400 
Fax. (787) 756-1401 
rcasellas@cabprlaw.com 
cloubriel@cabprlaw.com  
/s/ Ricardo F. Casellas 
USDC-PR Bar No. 203114 
/s/ Carla S. Loubriel Carrión 
USDC-PR Bar No. 227509 
 
Counsel for Claudia Navarro 
 
 
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SHA-256

33a168e4af48f3a69ad21c9554cd4f402cac7790a7bf24e002399b8b2404724d

Our copy

gov.uscourts.prd.175040.151.0.pdf

Original

PACER (login required)