Court filing
Joint Status Report — April 2025 (D.E. 226) — OTO Analytics v. Benworth (N.D. Cal. No. 3:24-cv-03975, 2025-04-04)
Filed April 4, 2025 in Oto Analytics v. Benworth; one of 111 filings from this case.
Record facts
| Court | U.S. District Court for the District of Puerto Rico |
|---|---|
| Filed | 2025-04-04 |
U.S. District Court for the District of Puerto Rico · No. 3:23-cv-01034-GMM · Doc. 226 · 2025-04-04 · 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’ March 5, 2025 Joint Status Report (ECF No. 221, the “March Status
Report”),1 the Parties continue to conduct discovery as set forth below. The Parties met and
conferred via video conference on March 31, 2025, regarding the outstanding issues outlined in
the March Status Report and below, as well as the orders granting the Reserve Bank’s two Motions
to Compel (ECF Nos. 223 & 224, together, the “Motions to Compel”).
• Privilege Logs. On March 25, 2025, the Reserve Bank produced its privilege log for
completed productions to Defendants. On March 28, 2025, Defendants produced their
privilege log for completed productions to the Reserve Bank.
1
On April 2, 2025, the Court denied Defendants’ Motion to Dismiss the Federal Reserve’s Complaint and
Complaint in Intervention (ECF No. 169; Court Order ECF No. 225).
Case 3:23-cv-01034-GMM Document 226 Filed 04/04/25 Page 1 of 6
2
• Accounting Dropbox. On March 19, 2025, Defendants produced documents held in the
Accounting Dropbox.2 Defendants represented that all promissory notes contained therein
have been produced, but that related communications would be provided on or before April
11, 2025.
• Mobile Data. Defendants have represented in writing that neither Mrs. Navarro or Mr.
Navarro used their mobile device to communicate with third party professionals related to
the issues in the Amended Complaint (ECF No. 123) or in the Reserve Bank’s requests for
production.
• Reserve Bank’s Outstanding Discovery Requests. The Reserve Bank continues to have
concerns regarding several issues and reserves the right to seek the Court’s intervention
including with respect to the following:
o Reserve Bank’s Search Terms. 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 March 14, 2025, Defendants provided a
report of the results of a proposed sampling review based on that counterproposal
and others for which the Parties have not agreed. Following the March 31, 2025
meet and confer, the Parties continue to discuss whether documents responsive to
certain search terms would be produced, and Defendants agreed to produce
documents responsive to other search terms on a rolling basis by the end of April
2025.
o Motions to Compel. At the March 31, 2025, meet and confer, Defendants
represented that (i) they would comply with the Court’s order entered at ECF No.
223 to produce documents responsive to the Reserve Bank’s requests for production
as requested in the motion at ECF No. 188 and (ii) provide the Reserve Bank with
the Defendants’ preferred mode of compliance with the Court’s order entered at
ECF No. 224 on or before April 4, 2025. As to the latter, Defendants are still
evaluating their position on the mode of compliance with the Court’s order entered
at ECF No. 224 and require until April 7, 2025, to give the Reserve Bank their final
position.
• Defendants’ Document Requests. 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. On March 11, 2025, the Reserve
Bank provided a disaggregated hit report based on the proposed search terms provided by
Defendants on February 11, 2025. The parties continue to meet and confer regarding this
topic.
2
The Defendants previously represented that such responsive documents would be provided by March 14,
2025. See ECF No. 221. Due to the volume of documents contained within the Accounting Dropbox and the
sensitive nature of the documents, however, Defendants required three (3) additional business days to complete their
review and production of the responsive documents.
Case 3:23-cv-01034-GMM Document 226 Filed 04/04/25 Page 2 of 6
3
• Second Joint Motion Requesting Modification of the Case Management Order.
Contemporaneously herewith, the Parties 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 such motion and, in particular,
because several key discovery issues remain unresolved, including the Defendants’ search,
collection, and production of documents in relation to the Motions to Compel, as well as
the Reserve Bank’s search, collection, and production of documents in response to
Defendants’ requests for production.
Event
Current
Deadline
Proposed Deadline
Completion of fact discovery
(other than depositions)
May 9, 2025
June 9, 2025
Exchange of final privilege
logs
N/A
June 23, 2025
Completion of fact depositions N/A
August 8, 2025
Deadline for Parties to
disclose experts and expert
witness summaries as required
by Fed. R. Civ. P. 26(a)(2)
June 16, 2025
No later than August 15,
2025, parties to submit to
Court a schedule as it
pertains to expert
disclosures and submission
of reports
Deadline for Parties to
disclose expert reports as
required by Fed. R. Civ. P.
26(a)(2)(B)
July 28, 2025
Pursuant to schedule
submitted no later than
August 15, 2025
Deadline for Parties to submit
rebuttal expert reports
August 26, 2025
Pursuant to schedule
submitted no later than
August 15, 2025
Conclusion of all discovery
September 15,
2025
December 15, 2025
Deadline to file dispositive
motions
October 14, 2025
January 29, 2026
Deadline to file oppositions to
dispositive motions
October 29, 2025
February 14, 2026
Case 3:23-cv-01034-GMM Document 226 Filed 04/04/25 Page 3 of 6
4
Dated: April 4, 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 226 Filed 04/04/25 Page 4 of 6
5
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 226 Filed 04/04/25 Page 5 of 6
6
CERTIFICATE OF SERVICE
The undersigned certifies that on April 4, 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: April 4, 2025
By: /s Aníbal A. Román Medina
Case 3:23-cv-01034-GMM Document 226 Filed 04/04/25 Page 6 of 6File and source
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