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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF PUERTO RICO
OTO ANALYTICS, LLC,
Plaintiff,
v.
BENWORTH CAPITAL PARTNERS PR
LLC, BENWORTH CAPITAL PARTNERS
LLC, BERNARDO NAVARRO and
CLAUDIA NAVARRO,
Defendants.
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Civil Action No. 23-01034
MOTION FOR EXTENSION OF TIME TO FILE RESPONSE TO DEFENDANTS’
MOTION TO DISMISS AND MOTION TO QUASH SERVICE OF PROCESS
TO THE HONORABLE COURT:
NOW COMES Plaintiff Oto Analytics, LLC (f/k/a Oto Analytics, Inc., d/b/a Womply),
through the undersigned counsel, and respectfully states and requests as follows:
1.
On March 27, 2023, Defendant Benworth Capital Partners PR LLC (“Benworth
PR”) filed a Motion to Dismiss or Stay Proceedings (Dkt. No. 34). Defendant Benworth Capital
Partners, LLC filed a Motion for Joinder to Benworth PR’s Motion to Dismiss or Stay Proceedings
on March 29, 2023 (Dkt. No. 35). The deadline under D.P.R. Loc. R. 7(b) for filing a response to
this motion is April 10, 2023.
2.
On March 30, 2023, Defendants Bernardo Navarro and Claudia Navarro filed a
Motion to Quash Service (Dkt. No. 37). The deadline under D.P.R. Loc. R. 7(b) for filing a
response to this motion is April 13, 2023.
3.
Pursuant to Fed. R. Civ. P. 6(b)(1)(A), and in light of religious holidays, including
those recognized by this Court on April 6 and 7, Plaintiff requests a 14-day extension to respond
to Defendants’ motions. If a 14-day extension is granted, Plaintiff’s deadline to respond to
Case 3:23-cv-01034-GMM Document 45 Filed 04/06/23 Page 1 of 4
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Defendants’ Motion to Dismiss would be April 24, 2023 and Plaintiff’s deadline to respond to
Defendants’ Motion to Quash Service of Process would be April 27, 2023.
4.
Whether to grant an extension of time is within the discretion of the district court.
See Quinones-Pimentel v. Cannon, No. 3:20-cv-01443-JAW, 2021 WL 4056305, at *2–3 (D.P.R.
Jan. 22, 2021). This Court regularly grants extensions of time for good cause shown, even in cases
where a party moves for an extension of time after a deadline has passed. See, e.g., Ryan McCurley
v. Citigroup Glob. Mkts. Holdings Inc., No. 22-1031 (ADC), 2023 WL 2652623, at *2 (D.P.R.
Mar. 27, 2023).
5.
Defendants’ motions raise complex jurisdictional questions involving ripeness and
standing in the context of a pending arbitration. The time allowed by the Local Rules is insufficient
for Plaintiff to adequately respond to these issues.
6.
Plaintiffs have conferred with Defendants, and Defendants do not oppose this
Motion for an extension of time.
7.
If granted, this extension of time would not cause undue prejudice or delay.
WHEREFORE, Plaintiff respectfully requests that the Honorable Court grant the requested
14-day extension of time to file a response to Defendants’ Motion to Dismiss and Motion to Quash
Service of Process.
Case 3:23-cv-01034-GMM Document 45 Filed 04/06/23 Page 2 of 4
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Dated: April 6, 2023
Respectfully submitted,
By: /s/ Alexander L. Cheney
Alexander L. Cheney (admitted pro hac vice)
Willkie Farr & Gallagher LLP
One Front Street
San Francisco, CA 94111
(415) 858-7400
acheney@willkie.com
By: /s/ Alejandro J. Cepeda Diaz
Alejandro J. Cepeda Diaz
USDC-PR 222110
McConnell Valdés LLC
270 Muñoz Rivera Ave.
Hato Rey PR 00918
Tel: (787) 250-5637
Email: ajc@mcvpr.com
Stuart R. Lombardi (admitted pro hac vice)
Willkie Farr & Gallagher LLP
787 7th Avenue
New York, NY 10019
(212) 728-8000
slombardi@willkie.com
Joshua S. Levy (admitted pro hac vice)
Willkie Farr & Gallagher LLP
1875 K Street, N.W.
Washington, D.C. 20006
(202) 303-1000
jlevy@willkie.com
Attorneys for Plaintiff Oto Analytics, LLC
Case 3:23-cv-01034-GMM Document 45 Filed 04/06/23 Page 3 of 4
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CERTIFICATE OF SERVICE
The undersigned certifies that on April 6, 2023, the foregoing document was filed with
the Clerk of the Court using CM/ECF, which sent notices to all parties receiving notifications
through the CM/ECF system.
Dated: April 6, 2023
By: /s/ Alexander L. Cheney
Attorney for Plaintiff Oto Analytics, LLC
Case 3:23-cv-01034-GMM Document 45 Filed 04/06/23 Page 4 of 4