Court filing

Exhibit 4 — Oto Benworth (Dkt. 67.4)

No. 3:23-cv-01034-GMM · Doc. 67-4 · Docket on CourtListener

Full text

Case 3:23-cv-01034-GMM Document 67-4 Filed 06/12/23 Page 1 of 3

EXHIBIT 4
Case 3:23-cv-01034-GMM Document 67-4 Filed 06/12/23 Page 2 of 3

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF PUERTO RICO

OTO ANALYTICS, LLC,
Civil No.: 23-01034 (ADC)
Plaintiff,

BENWORTH CAPITAL PARTNERS PR
LLC, ET AL.

Defendants.

Sworn Statement

I, Frank Vega Perez, pursuant to 28 U.S.C. § 1746, hereby declare that the following is
true and correct and based on my personal knowledge:

1. I am over the age of 18, am a process server, and am a resident of Toa Alta, Puerto
Rico.

2. On February 2, 2023, I delivered the Summonses and Complaint in the above-captioned
action to Benworth Capital Partners PR LLC to Maria de la Cruz, authorized person to
receive service, at 221 Avenida Ponce De Leon, Suite 1401, San Juan, P.R. 00917. I
asked Ms. de la Cruz for Bernardo Navarro and Claudia Navarro. Ms. de la Cruz told
me that Claudia Navarro never goes to the office, Bernardo Navarro rarely comes to
the office, and, when he does, it is for a short time. I asked Ms. de la Cruz if she could
give me a phone number to contact Bernardo Navarro and Claudia Navarro. Ms. de la
Cruz answered that she was not authorized to give me any information about Bernardo
Navarro and Claudia Navarro, and was not authorized to receive the Summonses and
Complaint on their behalf. I gave her my contact information to see whether Bernardo
Navarro or Claudia Navarro would reach out to me. I have not received any calls or
other communications from Bernardo Navarro or Claudia Navarro.

3. On February 3, 2023, I went again to the office of Benworth Capital Partners PR LLC
at 221 Avenida Ponce De Leon, Suite 1401 , San Juan, P.R. 00917. I again spoke to
Ms. de la Cruz and she said to me that Bernardo Navarro was out of Puerto Rico, and
that was all the information she could provide.
Case 3:23-cv-01034-GMM Document 67-4 Filed 06/12/23 Page 3 of 3

4. On April 19, 2023, I went to the address
I was unable to enter the apartment building because
it has a tele-entry system to call up to the apa11ment. I spoke to a person standing on
the balcony of the apartment who identified herself as "Lisa" but said that she did not
want to give me her last name because she did not know me. '•Lisa'· told me that she
does not know Claudia Navarro or Bernardo Navarro, and that she has lived in that
apartment for the past 30 years. I confirmed with her that her apartment was • .

5. On April 20, 2023, I went one more time to the office of Benworth Capital Partners PR
LLC at 221 Avenida Ponce De Leon, Suite 1401, San Juan, P.R. 00917. I spoke to
Aida Medina who told me that neither Bernardo Navarro nor Claudia Navarro were
available. Ms. Medina told me that Bernardo Navarro rarely comes to the office, and
it was going to be very hard to serve him at the office location. I asked about Claudia
Navarro and if she could provide me with a phone number to contact her. Ms. Medina
said that she was not allowed to give me any other information. I gave Ms. Medina my
contact information so she could pass it on Bernardo Navarro and Claudia Navarro.
Ms. Medina said that they already have my information.

6. After I spoke with Ms. Medina, I waited in the lobby of the office building for
approximately two hours and 15 minutes to see whether Bernardo Navarro or
Claudia Navarro came into or out of the office. I did not see Bernardo Navarro or
Claudia Navarro.

7. On April 21, 2023, I went again to the office ofBenworth Capital Partners PR, LLC at
221 Avenida Ponce De Leon, Suite 1401, San Juan, P.R. 00917. I spoke to Ms. Medina
at the office who said that Bernardo Navarro and Claudia Navarro were not available
and that was all she could inform me.

In San Juan, Puerto Rico, this 26th day of April, 2023.

kv!r Frank Vega Perez
Affidavit No: - ~ 37_ -
Signed and sworn before me by Frank Vega Perez, of the personal circumstances stated above,
whom-I ha¥e identified by means of b\t;>M1iV\~l\1 t1,-v.r"'1"' :t<? \"Vl.f
In San Juan, Puerto Rico, on April !:iL, 2023.
Sello

...."'
..g
~

...
-
N
:,

2
Sello de Asistencii lea1I
8000-2022·0121·65~2022

File and source

File: gov.uscourts.prd.175040.67.4.pdf
Size: 449,441 bytes
SHA-256: e0e9cd30fc596f9aa30e59e7f24ee342f8c49c91b35831295c8a4f10bcd1d8a5
Our copy: gov.uscourts.prd.175040.67.4.pdf
Original: PACER (login required)