Exhibit 5 — Oto Benworth (Dkt. 67.5)

Summary

Exhibit 5, Document 67-5, filed June 12, 2023 in Oto Analytics, LLC v. Benworth Capital Partners PR LLC, et al., Civil Action No. 3:23-cv-01034-ADC, in the U.S. District Court for the District of Puerto Rico. It is an Affidavit of Due Diligence by John Brady, a private process server, stating that after diligent attempts the process server was unable to serve Bernardo Navarro with the Notice of Issuance of Summons, Summons and Complaint. The affidavit describes attempts on 04/25/2023 and 04/26/2023, including a telephone call to Benworth Capital in which an employee said that Mr. Navarro does not work at that office location. It is sworn before a notary public.

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Case 3:23-cv-01034-GMM   Document 67-5   Filed 06/12/23   Page 1 of 2




   EXHIBIT 5
                  Case 3:23-cv-01034-GMM                                 Document 67-5                  Filed 06/12/23   Page 2 of 2
                   UNITED STATES DISTRICT COURT FOR THE DISTRICT OF PUERTO RICO



OTO Analytics, LLC


                                                Plaintiff
                                                                                                    Civil Action No.: 3:23-cv-01034-ADC
                                                                                     vs.
Benworth Capital Partners PR LLC, et al.


                                           Defendant(s)
                                                AFFIDAVIT OF DUE DILIGENCE

I, John Brady, a Private Process Server, having been duly authorized to make service of the Notice of Issuance of Summons,
Summons and Complaint in the above entitled case, hereby depose and say:

That I am over the age of eighteen years and not a party to or otherwise interested in this matter.

That after due search, careful inquiry and diligent attempt(s), I have been unable to serve Bernardo Navarro with the above named
process.

That on 04/25/2023 at I: IO PM, I attempted the serve Bernardo Navarro atExternal                                             . On this
occasion, I found that access to the residence is restricted by a large security gate. Accordingly, I attempted to page someone
in side the residence for several minutes using the intercom call box located at the entrance to the gate, however, I received no
response nor did I notice any movement from within the property. In addition, on this service attempt, I noted a Range Rover in
the driveway bearing Florida license plate Extern .
                                                al
That on 04/26/2023 at 2: 17 PM, I attempted to serve Bernardo Navarro at External                                          . On this
occasion, as before, my attempts to page someone inside the residence went unanswered, and I was unable to find anyone in or
around the property. I noted that the same veh icle, a Range Rover bearing Florida license plate Extern , was still parked in the
same location in the driveway.                                                                   al

That on 04/26/2023 at 2: 19 PM, at the direction of the client, 1 attempted to locate the current whereabouts of Bernardo Navarro by
calling Benworth Capital, the business he is associated with, at phone number (305) 444-9730. Accordingly, I spoke with an
employee over the phone who stated that Mr. Navarro does not work at that office location, but that his wife, C laudi a Navarro,
does. The employee stated that Claudia Navarro was not in the office on that day, nor were Bernardo Navarro and C laudia Navarro
currently in the Miami, Florida area.

I solemnly affirm under the penalties of perjury that the contents of this document are true to the best ofmy knowledge,
information, and belief.
                                                     _. -~Jv •i;:,-...     ALEX DE JESUS MARTINEZ
                                                  {?~'1:\ Notary Public · State of Florida
                                                  \; ~ ~ }                 Commission # HH 274046
                                                     ·?{o, r,~•>-        My Comm, Expires Jun 9, 2026
 Sworn to before me on                                     · · Bonded throuah National Notary Assn,

  Ap, 1 / 'Pl I     L..1

        M~li_c__________                                                                                  JohnB~
                                                                                         -l~
                                                                                 :,-.,          .                          Client Ref Number:128303-00001
 My Commission Expires:    .Ju \I\ \ t.,O"t C                                    •[!].....   . ,.                                       Job#: 1617532



                  Capitol Process Services, Inc. 11827 18th Street, NW, Washington, DC 200091 (202) 667-0050


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