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Oto Analytics, Inc. d/b/a Womply v. Capital Plus Financial, LLC — court filings

Oto Analytics Inc. v. Capital Plus Financial LLC — 9 court filings in the archive, mostly from U.S. District Court for the Northern District of Texas, Dallas Division, filed between September 9, 2021 and May 11, 2022. Among them: 2 orders, 2 opinions and 1 notice.

See also: Oto Analytics, Inc. d/b/a Womply v. Capital Plus Financial, LLC, et al. — the same docket under another case page, 2 public filings; 1 of the documents appear on both pages.

Case facts

CaptionOto Analytics Inc v. Capital Plus Financial LLC
CourtU.S. District Court for the Northern District of Texas, Dallas Division (7 filings); UNITED STATES DISTRICT COURT (1 filing)
Docket number3:21-cv-02636
Filings9 public filings
Filed2021-09-09 – 2022-05-11
Document typesorders (2), opinions (2), notice (1), declaration (1)
Original PDFs9 of 9
ProfilesCapital Plus Financial, LLC, and its parent, Crossroads Impact Corp., Womply, Barry Calhoun, Blueacorn, Eric Donnelly

Case summary

Oto Analytics, Inc. doing business as Womply sued Capital Plus Financial, LLC, Crossroads Systems, Inc. and Eric Donnelly over the Small Business Administration fees earned on processing Paycheck Protection Program loans. Womply filed in the 95th Judicial District, Dallas County, Texas; the defendants removed the action to the U.S. District Court for the Northern District of Texas, Dallas Division, No. 3:21-cv-02636-B, on October 25, 2021, and the court held on March 1, 2022 that it has subject-matter jurisdiction. The amended complaint of December 23, 2021 brings claims for declaratory judgment, tortious interference with contracts, fraud, negligent misrepresentation, promissory estoppel, unjust enrichment, quantum meruit and civil conspiracy against the Capital Plus defendants, and breach of contract against Capital Plus. On May 11, 2022 the court granted that motion to dismiss in part and dismissed counts 4, 5, 6, 7 and 8 without prejudice.

Case at a glance

PartiesPlaintiff Oto Analytics, Inc. doing business as Womply; defendants Capital Plus Financial, LLC, Crossroads Systems, Inc. and Eric Donnelly. BA Fin Orion 2 LLC doing business as Blueacorn and Barry Calhoun were also defendants
Court and docketU.S. District Court for the Northern District of Texas, Dallas Division, Civil Action No. 3:21-cv-02636-B, removed from the 95th Judicial District, Dallas County, Texas
ProgramPaycheck Protection Program (PPP), and the second-draw lender reimbursement of the lesser of fifty percent of the loan amount or $2,500 for loans under $50,000
ClaimsDeclaratory judgment, tortious interference with contracts, fraud, negligent misrepresentation, promissory estoppel, unjust enrichment, quantum meruit and civil conspiracy against all three Capital Plus defendants, and breach of contract against Capital Plus
Disposition or statusMotion to dismiss granted in part and denied in part on May 11, 2022, counts 4, 5, 6, 7 and 8 dismissed without prejudice; claims against the Blueacorn defendants dismissed April 11, 2022 for lack of personal jurisdiction. No judgment is among the filings on this page
Status checked2026-09-23 · against DOJ press releases through 2026-09-22; court docket not yet read

What does the amended complaint allege?

That the Capital Plus defendants made false representations about a joint account and how the SBA fees would be deposited into it, to induce Womply to refer PPP loan applications to Blueacorn and then to Capital Plus, and that Womply relied on those representations and sustained a loss of over $76 million. These are the complaint's allegations.

What did the court decide on May 11, 2022?

It dismissed counts 4, 5, 6, 7 and 8 of the amended complaint without prejudice and let the rest stand, finding that the statutory and regulatory framework forecloses Womply's claims for SBA fees from Capital Plus because Womply did not directly contract with Capital Plus, while the fraud and tortious interference claims were sufficiently pleaded and rest on duties independent of that contract.

What happened to the Blueacorn defendants?

The May 11, 2022 opinion records that the court had already dismissed all claims against BA Fin Orion 2 LLC doing business as Blueacorn and Barry Calhoun for lack of personal jurisdiction on April 11, 2022. The order itself is published under this route but has no extractable text.

Summary written from the documents on this page; every sentence is sourced.

Filings

9 public filings from this case, in filing-date order.

  1. Notice of Removal — Womply v. Capital PlusNoticeDefendants' Notice of Removal, Oto Analytics d/b/a Womply v. Capital Plus Financial, No. 3:21-cv-2636 (N.D. Tex.), Doc. 1, October 25, 2021: PPP fees.
  2. Order directing jurisdictional briefing — Womply v. Capital PlusOrder · PDFCourt orders briefing on federal jurisdiction over Womply's PPP referral fee suit against Capital Plus, No. 3:21-cv-02636-B, Nov. 23, 2021.
  3. Capital Plus Reply on Subject-Matter Jurisdiction — Womply v…PDFCapital Plus defendants' reply supporting federal jurisdiction over Womply's suit, No. 3:21-cv-02636-B (N.D. Tex.), January 14, 2022.
  4. Appendix in support of Womply’s opposition to Blueacorn motion to dismiss — Womply v. Capital PlusPDFWomply appendix opposing the Blueacorn motion to dismiss, No. 3:21-cv-02636-B (N.D. Tex.), Doc. 46, February 14, 2022: index of declarations and exhibits.
  5. Blueacorn defendants’ reply in support of motion to dismiss —…PDFBlueacorn defendants' reply supporting dismissal of Womply's suit over their referral contracts, No. 3:21-cv-02636-B (N.D. Tex.), February 28, 2022.
  6. Declaration of Katelin Everson with exhibit — Womply v. Capital Plus (N.D. Tex. No. 3:21-cv-02636)Declaration · PDFDeclaration attaching draft Womply and Blue Acorn PPP referral agreements, Womply v. Capital Plus, No. 3:21-cv-2636-B (N.D. Tex.), February 28, 2022.
  7. Order on subject-matter jurisdiction — Womply v. Capital PlusOrder · PDFCourt finds federal jurisdiction over Womply's claims against Capital Plus because they turn on SBA rules, No. 3:21-cv-02636-B, March 1, 2022.
  8. Memorandum opinion and order denying stay of discovery — Womply v. Capital Plus (N.D. Tex. No. 3:21-cv-02636)Opinion · PDFOrder denying Capital Plus defendants' motion to stay discovery in Womply's suit, No. 3:21-cv-02636-B (N.D. Tex.), April 14, 2022.
  9. Memorandum opinion and order on motion to dismiss — Womply v. Capital Plus (N.D. Tex. No. 3:21-cv-02636)Opinion · PDFOrder partly granting Capital Plus defendants' motion to dismiss Womply's fee suit, No. 3:21-cv-02636-B (N.D. Tex.), May 11, 2022.

More documents from this docket

3 more documents from the same CourtListener docket (gov.uscourts.txnd.355114) are in the archive but are not among the 9 filings above.

  1. Capital Plus’ Brief In Support OfMemorandum or brief
  2. Motion (2022-02-14)Memorandum or brief
  3. Memorandum Opinion and OrderOpinion

Other cases in the archive from U.S. District Court for the Northern District of Texas, Dallas Division.

Court, dates and docket numbers are as recorded on the filings.

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