Court filing
Joint Status Report on Discovery and Case Management (D.E. 221) — OTO Analytics v. Benworth
Record facts
| Court | U.S. District Court for the District of Puerto Rico |
|---|---|
| Filed | 2025-03-05 |
U.S. District Court for the District of Puerto Rico · No. 3:23-cv-01034-GMM · Doc. 221 · 2025-03-05 · Docket on CourtListener
Full text
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF PUERTO RICO
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. 23-01034 (GMM)
JOINT STATUS REPORT
Pursuant to this Court’s September 3, 2024 Order (ECF No. 161), Plaintiff Federal Reserve
Bank of San Francisco (“Reserve Bank”), and Defendants Benworth Capital Partners PR, LLC,
Benworth Capital Partners, LLC, Bernardo Navarro, and Claudia Navarro (collectively,
“Defendants”; together with Plaintiffs, the “Parties”), through their undersigned counsel,
respectfully submit this Joint Status Report.
Since the Parties’ February 3, 2025 Joint Status Report (ECF No. 203), the Parties have
briefed motion practice and continue to conduct discovery as follows:
• Joint Motion Requesting Modification of the Case Management Order (ECF No. 216)
and Other Motions Sub Judice. On March 4, 2025, the Reserve Bank and Defendants
respectfully requested that the Court modify the operative court deadlines as set forth in
the table below. The Parties submit that these modifications are necessary for the reasons
set forth in the motion and, in particular, because several key discovery issues remain
unresolved, including the Reserve Bank’s two Motions to Compel, which have been fully
briefed and are pending before the Court (ECF Nos. 184, 188, 193 & ECF Nos. 200, 206,
209), and the Parties’ ongoing negotiations regarding supplemental productions, as well as
Defendants’ Motion to Dismiss, which has been fully briefed and is pending before the
Court (ECF Nos. 169–70, 177, 180). On March 5, 2025, the Court entered an order
approving the joint motion (ECF No. 219).
Case 3:23-cv-01034-GMM Document 221 Filed 03/05/25 Page 1 of 6
Event
Current
Deadline
Proposed
Deadline
Substantial completion of
document discovery
January 31, 2025 N/A
Completion of fact discovery
March 7, 2025
May 9, 2025
Deadline for Parties to
disclose experts and expert
witness summaries as required
by Fed. R. Civ. P. 26(a)(2)
March 17, 2025
June 16, 2025
Deadline for Parties to
disclose expert reports as
required by Fed. R. Civ. P.
26(a)(2)(B)
April 28, 2025
July 28, 2025
Deadline for Parties to submit
rebuttal expert reports
May 28, 2025
August 26, 2025
Conclusion of all discovery
June 16, 2025
September 15,
2025
Deadline to file dispositive
motions
July 16, 2025
October 14, 2025
Deadline to file oppositions to
dispositive motions
July 31, 2025
October 29, 2025
• Reserve Bank’s Document Requests. The Parties continue to meet and confer, including
via video conference on February 12, 2025, regarding the Reserve Bank’s requests. As
stated in the February 3, 2025 Joint Status Report, the Reserve Bank continues to have
concerns regarding several issues and reserves the right to seek the Court’s intervention,
including:
o Financial Statements. Several of the Reserve Bank’s requests call for Defendants’
financial statements and related information, including requests for which the
Reserve Bank provided its most recent search term counterproposal to Defendants
on February 11, 2025. On February 26, 2025, Defendants offered to report by
March 14, 2025 the results of a proposed sampling review based on that
counterproposal and others for which the Parties have not agreed. At the February
12, 2025 meet-and-confer, Defendants represented that they would begin reviewing
on February 14, 2025 the Accounting Dropbox known to contain financial
information. As of February 26, 2025, Defendants represented that non-privileged,
responsive documents stored in the Accounting Dropbox would be provided by
March 14, 2025. The Parties continue to meet and confer regarding this topic.
o Mobile Data. On January 23, 2025, Defendants stated that mobile data has been
preserved but has not been collected for any custodians and stated that Defendants
intend to collect and review for responsiveness text messages between (1) Mr.
Navarro and certain Benworth employees and (2) Mrs. Navarro and certain
Benworth employees. On February 13, 2025, the Reserve Bank proposed a
representation regarding Mr. Navarro’s and Ms. Navarro’s use of phones that
Case 3:23-cv-01034-GMM Document 221 Filed 03/05/25 Page 2 of 6
remains under review by Defendants. The Parties continue to meet and confer
regarding this topic.
• Defendants’ Document Requests. The Parties continue to meet and confer, including via
video conference on February 12, 2025, regarding Defendants’ requests and the Reserve
Bank’s responses and objections. The Reserve Bank continues to search for responsive
documents based on ongoing discussions with the Defendants, including Defendants’
proposed search terms provided on February 11, 2025.
Case 3:23-cv-01034-GMM Document 221 Filed 03/05/25 Page 3 of 6
Dated: March 5, 2025
O’NEILL & BORGES LLC
By: /s/ Antonio L. Roig Lorenzo
Antonio L. Roig Lorenzo
USDC-PR No. 207712
Salvador J. Antonetti Stutts
USDC-PR No. 215002
Ubaldo M. Fernández Barrera
USDC-PR No. 224807
Aníbal A. Román Medina
USDC-PR No. 308410
250 Muñoz Rivera Ave., Ste. 800
San Juan, PR 00918-1813
(787) 764-8181
antonio.roig@oneillborges.com
salvador.antonetti@oneillborges.com
ubaldo.fernandez@oneillborges.com
anibal.roman@oneillborges.com
CLEARY GOTTLIEB STEEN &
HAMILTON LLP
Thomas S. Kessler (admitted pro hac vice)
One Liberty Plaza
New York, New York 10006
(212) 225-2000
lschweitzer@cgsh.com
tkessler@cgsh.com
Counsel for Plaintiff the Federal Reserve
Bank of San Francisco
FERRAIUOLI LLC
By: /s/ Roberto A. Cámara Fuertes
Roberto A. Cámara Fuertes
USDC-PR 219002
Jaime A. Torrens-Davila
Monica Del Pilar Ramos-Benitez
Ferraiuoli LLC
PO Box 195168
San Juan, PR 00919-5168
(787) 766-7000
(787) 766-7001
rcamara@ferraiuoli.com
jtorrens@ferraiuoli.com
mramos@ferraiuoli.com
KOZYAK TROPIN &
THROCKMORTON
Dwayne Robinson
Michael R. Lorigas
Rasheed K. Nader
2525 Ponce de Leon Boulevard,
9th Fl.
Miami, Florida 33134
(305) 372-1800
jpiedra@kttlaw.com
drobinson@kttlaw.com
mlorigas@kttlaw.com
rnader@kttlaw.com
Counsel for Defendants
Benworth Capital Partners LLC
and Bernardo Navarro
Case 3:23-cv-01034-GMM Document 221 Filed 03/05/25 Page 4 of 6
CASELLAS ALCOVER &
BURGOS, P.S.C.
By: /s/ Carla S. Loubriel
Carla S. Loubriel
USDC-PR 227509
Ricardo F. Casellas
USDC-PR 203114
208 Ponce de Leon Ave.
Popular Center Bldg. Suite 1400
Hato Rey, PR 00918
(787) 756-1400
cloubriel@cabprlaw.com
rcasellas@cabprlaw.com
Counsel for Defendants
Benworth Capital Partners PR
LLC and Claudia Navarro
Case 3:23-cv-01034-GMM Document 221 Filed 03/05/25 Page 5 of 6
CERTIFICATE OF SERVICE
The undersigned certifies that on March 5, 2025, the foregoing document was filed with
the Clerk of the Court using CM/ECF, which sent notice to all parties receiving notifications
through the CM/ECF system.
Dated: March 5, 2025
By: /s/ Aníbal A. Román Medina
Aníbal A. Román Medina
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