Motion Submitting Cert. Translations

What This Document Is

This is Benworth Capital Partners PR LLC's two-page motion, filed April 26, 2023 by special appearance without submitting to the court's jurisdiction (counsel Ricardo F. Casellas and Carla S. Loubriel Carrion of Casellas Alcover & Burgos PSC), submitting certified English translations of Articles 298, 299 and 300 of the Puerto Rico Civil Code (P.R. Laws Ann. tit. 31 sections 6231, 6232 and 6233) in compliance with Local Civil Rule 5(c).

Factual Summary

The motion attaches the three certified statute translations as Dockets 51-1 through 51-3 — the Civil Code provisions governing rescission of transactions executed in fraud of creditors, the rescissory or "paulian" action, and that action's subsidiary nature. Benworth PR states these materials were relied upon in its Motion to Dismiss or Stay Proceedings Pending the Outcome of Arbitration (D.E. 34). It also notes that the official translation of the Puerto Rico Supreme Court's decision in Sucesion Almazan v. Lopez, 20 P.R. Dec. 537 (1914) — which Benworth PR had sought from that court — had already been submitted to the record by Womply at D.E. 47-3 and 49-3, so it is not re-filed here.

Key Facts

Filed April 26, 2023 by Benworth PR, specially appearing without submitting to jurisdiction.
Submits certified translations of P.R. Civil Code Articles 298-300 (31 L.P.R.A. sections 6231-6233), the fraud-of-creditors/paulian-action provisions at the heart of Womply's fraudulent-transfer theory.
States the translated authorities were relied on in Benworth PR's motion to dismiss or stay (Docket 34).
Acknowledges Womply had already filed the official Sucesion Almazan v. Lopez translation at D.E. 47-3.

Source Caveats

The certified translations themselves are at Dockets 51-1 through 51-3, each summarized separately.
Use the linked source file for exact wording, pagination, signatures, and scan artifacts.

Date: 2023-04-26

Full text

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

OTO ANALYTICS, LLC,
Plaintiff,
vs.
BENWORTH CAPITAL PARTNERS PR LLC,
BENWORTH CAPITAL PARTNERS LLC,
BERNARDO NAVARRO and CLAUDIA
NAVARRO,
Defendants.
Civil No. 23-1034
MOTION SUBMITTING TRANSLATIONS
AND IN COMPLIANCE WITH LOCAL CIVIL RULE 5(C)
TO THE HONORABLE COURT:
COMES NOW, Defendant Benworth Capital Partners PR LLC (“Benworth PR”), specially
appears without submitting to the Court’s jurisdiction, through the undersigned counsel, and
respectfully submits, as exhibits to this motion, certified translations of Articles 298, 299 and 300
of the Puerto Rico Civil Code, P.R. Laws Ann. tit. 31 §§ 6231, 6232 & 6233.
The official translation of Sucesión Almazán v. López, 20 P.R. Dec. 537 (1914), which
Benworth PR had sought from the Supreme Court of Puerto Rico, has already been submitted to
the record by Plaintiff at D.E. 47-3 and 49-3.
These materials were relied upon by Benworth PR in its “Motion to Dismiss or Stay
Proceedings Pending the Outcome of Arbitration” (D.E. 34).
WHEREFORE, Benworth PR requests that the Court take notice of the above and deem
it in compliance with Local Rule 5(c).
RESPECTFULLY SUBMITTED.
Case 3:23-cv-01034-GMM Document 51 Filed 04/26/23 Page 1 of 2

-2-
In San Juan, Puerto Rico, today April 26, 2023.
CERTIFICATION: The undersigned certify that this document was filed on this date with
the Clerk of Court using the CM/ECF system, which will serve notice on all attorneys of record.
CASELLAS ALCOVER & BURGOS PSC
PO Box 364924
San Juan, PR 00936-4924
Tel. (787) 756-1400
Fax. (787) 756-1401
rcasellas@cabprlaw.com
cloubriel@cabprlaw.com
/s/ Ricardo F. Casellas
USDC-PR Bar No. 203114
/s/ Carla S. Loubriel Carrión
USDC-PR Bar No. 227509
Case 3:23-cv-01034-GMM Document 51 Filed 04/26/23 Page 2 of 2

File and source

File: gov.uscourts.prd.175040.51.0.pdf
Size: 461,976 bytes
SHA-256: 648cef8e835e7d9a8800e215de6a843f7dcf81fc25f65d21d1757fb7a659784e
Our copy: gov.uscourts.prd.175040.51.0.pdf
Original: PACER (login required)