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Home Court filings Oto Analytics v. Benworth Case Management Order (D.E. 161) — OTO Analytics v. Benworth

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Case Management Order (D.E. 161) — OTO Analytics v. Benworth

Record facts

CourtU.S. District Court for the District of Puerto Rico
Filed2024-09-03

U.S. District Court for the District of Puerto Rico · No. 3:23-cv-01034-GMM · Doc. 161 · 2024-09-03 · Docket on CourtListener

Summary

A Case Management Order entered September 3, 2024 as Document 161 in the consolidated cases Oto Analytics, LLC v. Benworth Capital Partners PR LLC, et al. and Federal Reserve Bank of San Francisco v. Oto Analytics, LLC, et al., No. 3:23-cv-01034-GMM, in the U.S. District Court for the District of Puerto Rico. Issued under Fed. R. Civ. P. 16(b) after the Joint Proposed Scheduling Memorandum (Docket No. 159), it sets deadlines including substantial completion of document discovery by November 29, 2024, completion of fact discovery by March 7, 2025, conclusion of all discovery by June 16, 2025, and dispositive motions by July 16, 2025. It requires joint status reports every thirty days, sets rules for courtesy copies and summary judgment filings, and bars hybrid motions. The order is signed by United States District Judge Gina R. Méndez-Miró.

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Full text

IN THE UNITED STATES DISTRICT COURT 
FOR THE DISTRICT OF PUERTO RICO 
 
 
Oto Analytics, LLC, 
 
Plaintiff, 
 
v. 
 
Benworth Capital Partners PR LLC, 
Benworth Capital Partners LLC, 
Bernardo Navarro and Claudia 
Navarro, 
 
Defendants  
 
Federal Reserve Bank of San 
Francisco, 
Plaintiff 
 
v. 
 
Oto Analytics, LLC; Benworth 
Capital Partners PR LLC, Benworth 
Capital Partners LLC, Bernardo 
Navarro and Claudia Navarro, 
 
Defendants.  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Civil No. 23-1034(GMM)cons. 
Civil No. 24-1313 (GMM) 
 
 
CASE MANAGEMENT ORDER 
 
The Court issues this Case Management Order (CMO) pursuant to 
Fed. R. Civ. P. 16(b) and Local Civil Rule 16 to schedule and plan 
the course of litigation to achieve a just, speedy, and inexpensive 
determination of this action. Fed. R. Civ. P. 1. Counsel will: (1) 
read this CMO thoroughly and comply with it strictly; (2) as 
officers of the Court, conduct themselves with utmost civility and 
professionalism toward the Court and each other; (3) faithfully 
Case 3:23-cv-01034-GMM     Document 161     Filed 09/03/24     Page 1 of 4

Civil No. 23-1034 (GMM) cons. 
Civil No. 24-1313 (GMM) 
Page -2- 
 
adhere to the Federal Rules of Civil Procedure and the Court’s 
Local Rules; and (4) earnestly attempt to resolve discovery 
disputes without the need for Court intervention.  
 
To that extent and after considering the contents of the Joint 
Proposed Scheduling Memorandum (Docket No. 159), the Court imposes 
the following deadlines: 
 
 
Event 
Deadline 
Initial Rule 26 disclosures as 
to Federal Reserve Bank of San 
Francisco (“Reserve Bank”) 
September 5, 2024 
Parties hold Rule 26 (f) 
conference 
September 25, 2024 or earlier 
Defendants Respond to Reserve 
Bank’s Discovery Requests 
 
October 7, 2024 
Substantial Completion of 
Document Discovery 
November 29, 2024 
Completion of Fact Discovery 
March 7, 2025 
For Parties to disclose 
experts and expert witness 
summaries as required by Fed. 
R. Civ. P. 26(a)(2) 
March 17, 2025 
For Parties to disclose expert 
reports as required by Fed. R. 
Civ. P. 26(a)(2)(B) 
April 28, 2025 
For Parties to Submit Rebuttal 
Expert Reports 
May 28, 2025 
Conclusion of all discovery 
June 16, 2025 
To file Dispositive Motions 
July 16, 2025 
To file oppositions to 
dispositive motions 
July 31, 2025 
Replies and sur-replies are 
allowed. 
They 
should 
be 
submitted without further Court 
authorization not later than 
Case 3:23-cv-01034-GMM     Document 161     Filed 09/03/24     Page 2 of 4

Civil No. 23-1034 (GMM) cons. 
Civil No. 24-1313 (GMM) 
Page -3- 
 
seven (7) days after filing of 
the motion they are responding 
to. 
 
• The Parties shall file a joint status report every thirty 
(30) days informing the status of discovery, and the case in 
general. First joint status report is due September 30, 2024.  
 
• Motions for summary judgment, oppositions, replies, and sur-
replies must comply with Fed. R. Civ. P. 56, Local Civ. R. 
56, and Local Civ. R. 7. Further, the motions shall be 
accompanied by certified or stipulated English translation of 
any supporting document not in the English language.  
 
• The Parties shall deliver a courtesy copy of all dispositive 
motion materials (dispositive motions, oppositions, replies, 
and sur-replies), together with their supporting documents to 
the Clerk’s Office Room 325, Old San Juan Courthouse in an 
envelope or box directed to the undersigned’s chamber if they 
are more than 25 pages, exhibits included. The copies shall 
be bound, and exhibits shall be numbered and separated by 
tabs. The exhibits shall include an index. Courtesy copies 
are due three (3) days after the corresponding motion was 
filed. Failure to comply may result in sanctions, economic or 
otherwise, including the corresponding motion being stricken 
from the record.   
 
• The Court will not accept “hybrid motions”, e.g., “to dismiss 
and/or summary judgment”, “in limine or summary judgment”. 
 
• Pre-trial Conference: to be scheduled as appropriate on a 
later date.  
 
• Deadline to file a Joint Proposed Pre-trial Order: ten (10) 
days prior to the Pre-Trial Conference. 
 
• Motions in limine shall be filed 14 days prior to the Pre-
Trial Conference.  
 
• Pursuant to Fed. R. Civ. P. 41(b), the Court may impose 
sanctions, including dismissal, for failure to prosecute or 
to comply with the Federal Rules of Civil Procedure and the 
Court’s Local Rules, or this CMO.  
 
Case 3:23-cv-01034-GMM     Document 161     Filed 09/03/24     Page 3 of 4

Civil No. 23-1034 (GMM) cons. 
Civil No. 24-1313 (GMM) 
Page -4- 
 
• The deadlines in this CMO will be strictly enforced and will 
not be extended without good cause.  
 
• Any motion seeking an extension of time must be filed in 
advance of the deadline. It shall include the specific reasons 
why the Court should extend the discovery deadline. The 
parties are not allowed to extend discovery on their own by 
mutual agreement. The parties may not agree to stay the 
discovery. A stay of proceedings requires a Court order. In 
the absence of a Court order, discovery shall continue even 
if there is a dispositive motion pending. 
 
IT IS SO ORDERED. 
In San Juan, Puerto Rico, September 3, 2024. 
 
 
 
 
 
 
 
 
s/Gina R. Méndez-Miró 
 
 
 
 
 
 
 
GINA R. MÉNDEZ-MIRÓ 
 
 
 
 
 
 
 
UNITED STATES DISTRICT JUDGE 
 
 
Case 3:23-cv-01034-GMM     Document 161     Filed 09/03/24     Page 4 of 4

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  1. Exhibit 2 — FRBSF First Requests for Production to Benworth FL (D.E. 159-2) — OTO Analytics v. Benworthsame docket · 2024-08-30
  2. Exhibit 1 — Womply First Set of Interrogatories to Benworth FL (D.E. 159-1) — OTO Analytics v. Benworthsame docket · 2024-08-30
  3. Docket 3:23-cv-01034 — Doc 162-4same docket · 2024-09-09
  4. FRBSF Motion to Consolidate (D.E. 153) — OTO Analytics v. Benworthsame docket · 2024-08-19
  5. Docket 3:23-cv-01034 — Doc 162-5same docket · 2024-09-09
  6. Claudia Navarro Answer and Affirmative Defenses (D.E. 151) — OTO Analytics v. Benworthsame docket · 2024-08-19
  7. Exhibit A - Corrected Final Award — Oto Analytics, LLC v. Benworth Capital Partners PR LLC (Dkt. 162.2)same docket · 2024-09-09
  8. Bernardo Navarro’s Answer and Affirmative Defenses to Amended Complaint (D.E. 152) — OTO Analytics v. Benworthsame docket · 2024-08-19
  9. Exhibit 13 — SBA SOP 50 10 6 (Lender and Development Company Loan Programs) — OTO Analytics v. Benworth (N.D. Cal. No. 3:24-cv-03975)same case · 2024-09-06
  10. Exhibit 16 — Benworth–SBA OCRM Emails on Third-Party PPP Support (May 2021) — OTO Analytics v. Benworth (N.D. Cal. No. 3:24-cv-03975)same case · 2024-09-06
  11. Motion to Consolidate Related Cases — OTO Analytics v. Benworthsame case · 2024-08-29
  12. Exhibit 22 — Select Subcommittee Staff Report on Fintechs and PPP Fraud — OTO Analytics v. Benworth (N.D. Cal. No. 3:24-cv-03975)same case · 2024-09-06
  13. Motion to Confirm Arbitration Award and for Entry of Judgment — OTO Analytics v. Benworth (N.D. Cal. No. 3:24-cv-03975)same case · 2024-08-20
  14. Opposition to Motion to Confirm Arbitration Award — OTO Analytics v. Benworth (N.D. Cal. No. 3:24-cv-03975)same case · 2024-09-06
  15. Declaration of Alexander L. Cheney ISO Motion to Confirm Arbitration Award — OTO Analytics v. Benworth (N.D. Cal. No. 3:24-cv-03975)same case · 2024-08-20
  16. Declaration of Dwayne A. Robinson in Support of Opposition — OTO Analytics v. Benworth (N.D. Cal. No. 3:24-cv-03975)same case · 2024-09-06
  17. Exhibit B - Order No. 8 — Oto Analytics, LLC v. Benworth Capital Partners PR LLC (Dkt. 162.3)same docket · 2024-09-09
  18. Benworth PR Answer and Affirmative Defenses — OTO Analytics v. Benworthsame docket · 2024-08-19
  19. Benworth FL Answer and Affirmative Defenses — OTO Analytics v. Benworthsame docket · 2024-08-19
  20. Joint Motion For Extension Of Time To — criminal-prosecutionssame docket · 2024-08-02

Part of: Oto Analytics, LLC v. Benworth Capital Partners LLC · U.S. District Court for the District of Puerto Rico · Paycheck Protection Program (PPP) · Lender and platform litigation · Orders and opinions · 2024 · Court filings

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