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DECLARATION OF SIMON S. GRILLE IN SUPPORT OF JOINT STIPULATION AND
[PROPOSED] ORDER REGARDING DEADLINE TO RESPOND TO THE PETITION
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Daniel C. Girard (State Bar No. 114826)
dgirard@girardsharp.com
Simon S. Grille (State Bar No. 294914)
sgrille@girardsharp.com
GIRARD SHARP LLP
601 California Street, Suite 1400
San Francisco, CA 94108
Telephone: (415) 981-4800
Jorge L. Piedra (Florida Bar No. 88315)
(Pro Hac Vice Forthcoming)
jpiedra@kttlaw.com
Dwayne A. Robinson (Florida Bar No. 99976)
(Pro Hac Vice Forthcoming)
drobinson@kttlaw.com
Michael R. Lorigas (Florida Bar No. 123597)
(Pro Hac Vice Forthcoming)
mlorigas@kttlaw.com
KOZYAK TROPIN & THROCKMORTON
2525 Ponce de Leon Boulevard, 9th Floor
Miami, Florida 33134
Telephone: (305) 372-1800
Attorneys for Benworth Capital Partners, LLC
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION
OTO ANALYTICS, LLC f/k/a OTO
ANALYTICS, INC. d/b/a WOMPLY,
Petitioner,
v.
BENWORTH CAPITAL PARTNERS, LLC,
Respondent.
Case No. 3:24-cv-03975-AMO
DECLARATION OF SIMON S. GRILLE IN
SUPPORT OF JOINT STIPULATION AND
[PROPOSED] ORDER REGARDING
DEADLINE TO RESPOND TO THE
PETITION
Hon. Araceli Martinez-Olguin
Case 4:24-cv-03975-AMO Document 24-1 Filed 07/18/24 Page 1 of 2
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DECLARATION OF SIMON S. GRILLE IN SUPPORT OF JOINT STIPULATION AND
[PROPOSED] ORDER REGARDING DEADLINE TO RESPOND TO THE PETITION
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I, Simon S. Grille, hereby declare under penalty of perjury:
1.
I am a Partner at the law firm Girard Sharp LLP. I submit this declaration in support of
the Joint Stipulation Regarding Deadline to Respond to the Petition. I make this declaration based on my
own personal knowledge. If called to do so, I could and would testify to the matters contained herein.
2.
On July 1, 2024, Womply filed its Petition to Confirm Arbitration Award and sent copies
to counsel for Benworth by email and mail (ECF No. 1).
3.
On July 5, 2024, counsel for Benworth agreed to accept service of process pursuant to
Federal Rule of Civil Procedure 4(d)(3). See ECF No. 15.
4.
On July 17–18, 2024, counsel for Womply and counsel for Benworth met and conferred
by email regarding the deadline to respond to the Petition.
5.
The parties dispute the deadline for Benworth to respond to Womply’s petition.
Womply’s position is that the applicable deadline is July 19, 2024 and is agreeing to extend it to July
23, 2024. Benworth’s position is that the applicable deadline is September 3, 2024. Both Parties reserve
all rights with respect to whether the deadline is July 23, 2024 or thereafter.
6.
The stipulated deadline for Benworth to respond to the Petition is no earlier than July 23,
2024.
7.
Benworth reserves its rights to seek clarification and/or further relief from this Court
regarding its deadline to respond to the Petition. Womply opposes any further extension of Benworth’s
deadline to respond to the Petition.
8.
The following scheduling modification occurred in this case:
a.
On July 16, the Court vacated the ADR and Rule 26 discovery deadlines set by
the Initial Case Management Scheduling Order (ECF No. 20).
9.
No other schedule has been entered for the case.
I declare under penalty of perjury under the laws of the United States that the foregoing is true
and correct. Executed this July 18, 2024 at San Francisco, California.
/s/ Simon S. Grille
Simon S. Grille
Case 4:24-cv-03975-AMO Document 24-1 Filed 07/18/24 Page 2 of 2