Case docket
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
| Caption | Oto Analytics Inc v. Capital Plus Financial LLC |
|---|---|
| Court | U.S. District Court for the Northern District of Texas, Dallas Division (7 filings); UNITED STATES DISTRICT COURT (1 filing) |
| Docket number | 3:21-cv-02636 |
| Filings | 9 public filings |
| Filed | 2021-09-09 – 2022-05-11 |
| Document types | orders (2), opinions (2), notice (1), declaration (1) |
| Original PDFs | 9 of 9 |
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
| Parties | Plaintiff 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 docket | U.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 |
| Program | Paycheck 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 |
| Claims | Declaratory 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 status | Motion 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 checked | 2026-09-23 · 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.
- Notice of Removal — Womply v. Capital PlusNotice
- Order directing jurisdictional briefing — Womply v. Capital PlusOrder · PDF
- Capital Plus Reply on Subject-Matter Jurisdiction — Womply v…PDF
- Appendix in support of Womply’s opposition to Blueacorn motion to dismiss — Womply v. Capital PlusPDF
- Blueacorn defendants’ reply in support of motion to dismiss —…PDF
- Declaration of Katelin Everson with exhibit — Womply v. Capital Plus (N.D. Tex. No. 3:21-cv-02636)Declaration · PDF
- Order on subject-matter jurisdiction — Womply v. Capital PlusOrder · PDF
- Memorandum opinion and order denying stay of discovery — Womply v. Capital Plus (N.D. Tex. No. 3:21-cv-02636)Opinion · PDF
- Memorandum opinion and order on motion to dismiss — Womply v. Capital Plus (N.D. Tex. No. 3:21-cv-02636)Opinion · PDF
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.
- Capital Plus’ Brief In Support OfMemorandum or brief
- Motion (2022-02-14)Memorandum or brief
- Memorandum Opinion and OrderOpinion
Court, dates and docket numbers are as recorded on the filings.