Declaration of Dwayne A. Robinson in Support of Opposition — OTO Analytics v. Benworth (N.D. Cal. No. 3:24-cv-03975)

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U.S. District Court for the Northern District of California · No. 4:24-cv-03975-AMO · Doc. 52-1 · 2024-09-06 · Docket on CourtListener

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Case No. 3:24-CV-3975-AMO 
1 
DECLARATION OF DWAYNE A. ROBINSON, ESQ. IN SUPPORT OF RESPONDENT’S OPPOSITION  
TO MOTION TO CONFIRM ARBITRATION AWARD AND FOR ENTRY OF JUDGMENT 
 
Jorge L. Piedra (Florida Bar No. 88315) 
(Pro Hac Vice) 
Jpiedra@kttlaw.com  
Dwayne A. Robinson (Florida Bar No. 99976) 
(Pro Hac Vice) 
drobinson@kttlaw.com  
Michael R. Lorigas (Florida Bar No. 123597) 
(Pro Hac Vice) 
mlorigas@kttlaw.com  
KOZYAK TROPIN & THROCKMORTON 
2525 Ponce de Leon Boulevard, 9th Floor 
Miami, Florida 33134 
Telephone: (305) 372-1800 
 
Simon S. Grille (State Bar No. 294914) 
sgrille@girardsharp.com  
GIRARD SHARP LLP 
601 California Street, Suite 1400 
San Francisco, CA 94108 
Telephone: (415) 981-4800 
 
Attorneys for Benworth Capital Partners, LLC 
 
 
UNITED STATES DISTRICT COURT 
NORTHERN DISTRICT OF CALIFORNIA 
SAN FRANCISCO DIVISION 
 
 
OTO ANALYTICS, LLC f/k/a OTO 
ANALYTICS, INC. d/b/a WOMPLY, 
 
 
Petitioner, 
v. 
BENWORTH CAPITAL PARTNERS, LLC, 
 
 
Respondent. 
Case No. 3:24-cv-03975-AMO 
 
DECLARATION OF DWAYNE A. 
ROBINSON, ESQ. IN SUPPORT OF 
RESPONDENT’S OPPOSITION TO 
MOTION TO CONFIRM ARBITRATION 
AWARD AND FOR ENTRY OF JUDGMENT 
 
Hon. Araceli Martínez-Olguín 
I, Dwayne A. Robinson, Esq., hereby declare under penalty of perjury: 
1. 
I am over the age of 18, competent to provide testimony, and make this declaration based 
on my personal knowledge.  I am a partner at the law firm of Kozyak Tropin & Throckmorton LLP and 
am one of the attorneys representing Respondent Benworth Capital Partners LLC (“Benworth”). 
2. 
I respectfully submit this declaration to provide this Court with certain materials cited in 
Benworth’s Opposition to the Motion to Confirm Arbitration Award and For Entry of Judgment filed by 
Petitioner Oto Analytics, LLC f/k/a Oto Analytics, Inc. d/b/a Womply (“Womply”).  
Case 4:24-cv-03975-AMO     Document 52-1     Filed 09/06/24     Page 1 of 4

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Case No. 3:24-CV-3975-AMO 
2 
DECLARATION OF DWAYNE A. ROBINSON, ESQ. IN SUPPORT OF RESPONDENT’S OPPOSITION  
TO MOTION TO CONFIRM ARBITRATION AWARD AND FOR ENTRY OF JUDGMENT 
 
3. 
Attached hereto as Exhibit 1 is a true and correct copy of excerpts from the transcript of 
the closing arguments presented in the Arbitration following the initial merits hearing, dated June 29, 2023. 
4. 
Attached hereto as Exhibit 2 is a true and correct copy of the Interim Final Rule titled, 
Business Loan Program Temporary Changes; Paycheck Protection Program as Amended by Economic Aid 
Act, 86 Fed. Reg. 3692, dated January 14, 2021, which was introduced into evidence in the Arbitration as 
JX022.  
 
5. 
Attached hereto as Exhibit 3 is a true and correct copy of SBA Form 2483, the First Draw 
PPP Loan Application, which was introduced into evidence in the Arbitration as JX060. 
6. 
Attached hereto as Exhibit 4 is a true and correct copy of SBA Form 2483-SD, the Second 
Draw PPP Loan Application, which was introduced into evidence in the Arbitration as JX061. 
7. 
Attached hereto as Exhibit 5 is a true and correct copy of an email with attachment 
produced by Womply in the Arbitration bearing bates number WOMPLYBWC0000019, which was 
introduced into evidence in the Arbitration as JX030. 
8. 
Attached hereto as Exhibit 6 is a true and correct copy of excerpts from the transcript of 
Day 2 of the Arbitration hearing, dated March 21, 2023. 
9. 
Attached hereto as Exhibit 7 is a true and correct copy of a document produced by Womply 
in the Arbitration bearing bates number WOMPLYBWC00015530, which was introduced into evidence 
in the Arbitration as JX355. 
10. 
Attached hereto as Exhibit 8 is a true and correct copy of the Declaration of Toby Scammell 
dated November 30, 2022, which was introduced into evidence in the Arbitration as JX323. 
11. 
Attached hereto as Exhibit 9 is a true and correct copy of borrower-facing screenshots of 
Fast Lane, which was introduced into evidence in the Arbitration as JX340. 
12. 
Attached hereto as Exhibit 10 is a true and correct copy of excerpts from the transcript of 
Day 3 of the Arbitration hearing, dated March 22, 2023. 
13. 
Attached hereto as Exhibit 11 is a document containing a true and correct link to a video 
showing Womply’s Fast Lane application process, which was introduced into evidence in the Arbitration 
as JX338. 
14. 
Attached hereto as Exhibit 12 is a true and correct copy of an email chain produced by 
Womply in the Arbitration bearing bates number WOMPLYBWC00010552, which was introduced into 
Case 4:24-cv-03975-AMO     Document 52-1     Filed 09/06/24     Page 2 of 4

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Case No. 3:24-CV-3975-AMO 
3 
DECLARATION OF DWAYNE A. ROBINSON, ESQ. IN SUPPORT OF RESPONDENT’S OPPOSITION  
TO MOTION TO CONFIRM ARBITRATION AWARD AND FOR ENTRY OF JUDGMENT 
 
evidence in the Arbitration as JX060. 
15. 
Attached hereto as Exhibit 13 is a true and correct copy of the standard operating 
procedures promulgated by the SBA’s Office of Capital Access titled, SOP 50 10 6: Lender and 
Development Company Loan Program, and dated October 1, 2020, which was introduced into evidence in 
the Arbitration as JX019. 
16. 
Attached hereto as Exhibit 14 is a true and correct copy of excerpts from the transcript of 
Day 4 of the Arbitration hearing, dated March 23, 2023. 
17. 
Attached hereto as Exhibit 15 is a true and correct copy of Benworth’s Post-Hearing Brief, 
dated May 12, 2023. 
18. 
Attached hereto as Exhibit 16 is a true and correct copy of an email chain produced by 
Benworth in the Arbitration bearing bates number Benworth00000181, which was introduced into 
evidence in the Arbitration as JX209. 
19. 
Attached hereto as Exhibit 17 is a true and correct of Benworth’s Motion for 
Reconsideration, dated December 28, 2023. 
20. 
Attached hereto as Exhibit 18 is a true and correct copy of a document produced by 
Womply in the Arbitration bearing bates number WOMPLYBWC00015653, which was introduced into 
evidence in the Arbitration as JX356. 
21. 
Attached hereto as Exhibit 19 is a true and correct copy of Benworth’s Pre-Hearing Brief, 
dated March 13, 2023. 
22. 
Attached hereto as Exhibit 20 is a true and correct copy of Benworth’s Response to 
Womply’s Post-Hearing Brief, dated May 31, 2023. 
23. 
Attached hereto as Exhibit 21 is a true and correct copy of Benworth’s Motion to Stay, 
dated September 13, 2023. 
24. 
Attached hereto as Exhibit 22 is a true and correct copy of the U.S. House of 
Representatives’ Select Subcommittee on the Coronavirus Crisis’s December 2022 report titled, We Are 
Not the Fraud Police”: How Fintechs Facilitated Fraud In The Paycheck Protection Program.  
 
 
 
Case 4:24-cv-03975-AMO     Document 52-1     Filed 09/06/24     Page 3 of 4

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Case No. 3:24-CV-3975-AMO 
4 
DECLARATION OF DWAYNE A. ROBINSON, ESQ. IN SUPPORT OF RESPONDENT’S OPPOSITION  
TO MOTION TO CONFIRM ARBITRATION AWARD AND FOR ENTRY OF JUDGMENT 
 
I declare under penalty of perjury under the laws of the United States that the foregoing is true 
and correct.  Executed this September 6, 2024, at Miami, Florida. 
 
 
 
 
 
 
 
/s/ Dwayne A. Robinson 
 
 
 
 
 
 
 
 
Dwayne A. Robinson 
Case 4:24-cv-03975-AMO     Document 52-1     Filed 09/06/24     Page 4 of 4

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