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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 TO RESTRICT WOMPLY’S MOTION TO LIFT STAY
Pursuant to Standing Order No. 9 for the United States District Court for the District of
Puerto Rico, and in accordance with this Court’s March 31, 2023 Order (“Order”; ECF No. 38),
Plaintiff Oto Analytics, LLC (f/k/a Oto Analytics, Inc. d/b/a Womply) (“Womply”), by and
through its undersigned counsel, seeks leave to file its unredacted Motion to Lift Stay and
accompanying exhibit (“MLS”) in the above-captioned action restricted to viewing by the parties
and to publicly file its MLS with redactions.
On March 31, 2023, this Court granted Womply’s Motion to Restrict its Complaint
(“MRC”; ECF No. 2) to viewing by the parties and publicly file its Complaint and exhibits with
redactions. (Order at 1.) As was the case for Womply’s Complaint, Womply’s MLS quotes,
describes, and references certain material designated by Benworth Capital Partners LLC
(“Benworth FL”) as “Confidential” pursuant to a protective order issued in a private arbitration
between Womply and Benworth FL. And, as stated in its MRC, Womply contends that Benworth
FL’s designation of documents and testimony as “Confidential” in a private arbitration does not,
by itself, justify redacting this material or restricting viewing to the parties. See, e.g., United States
Case 3:23-cv-01034-GMM Document 97 Filed 12/26/23 Page 1 of 3
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v. Vazquez-Garced, 2022 WL 3926037, at *1 (D.P.R. Aug. 31, 2022) (Arias-Marxuach, J.) (noting
that the Court’s Protective Order was not meant to direct the parties to litigate the case under seal).
However, in the spirit of comity, out of an abundance of caution, and consistent with Womply’s
prior MRC, Womply requests leave to redact such similar material in its publicly filed MLS.
Dated: December 26, 2023
Of Counsel:
Willkie Farr & Gallagher LLP
By: /s/ Alexander L. Cheney
Alexander L. Cheney (admitted pro hac vice)
333 Bush St
San Francisco, CA 94104
(415) 858-7400
acheney@willkie.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)
1875 K Street, N.W.
Washington, D.C. 20006
(202) 303-1000
jlevy@willkie.com
Respectfully submitted,
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
Attorneys for Plaintiff Oto Analytics, LLC
Case 3:23-cv-01034-GMM Document 97 Filed 12/26/23 Page 2 of 3
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CERTIFICATE OF SERVICE
The undersigned certifies that on December 26, 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: December 26, 2023
By: /s/ Alejandro J. Cepeda Diaz
Attorney for Plaintiff Oto Analytics, LLC
Case 3:23-cv-01034-GMM Document 97 Filed 12/26/23 Page 3 of 3