2024.08.26 DRAFT A. Cheney Declaration iso Opp. to Petition to Vacate

Source document: 2024.08.26 DRAFT A. Cheney Declaration iso Opp. to Petition to Vacate; document type: Declaration (attaching exhibits to an opposition brief).

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DECLARATION OF ALEXANDER L. CHENEY IN SUPPORT OF OPPOSITION TO PETITION TO VACATE
CASE NO. 3:24-cv-4840-AMO
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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION

WILLKIE FARR & GALLAGHER LLP
Alexander L. Cheney (SBN 302157)
 acheney@willkie.com
333 Bush Street
San Francisco, CA 94104
Telephone:
(415) 858-7400

Attorney for Respondent
Oto Analytics, LLC
BENWORTH CAPITAL PARTNERS LLC,
Petitioner,
v.
OTO ANALYTICS, LLC,
Respondent.
 Case No. 3:24-cv-4840-AMO

DECLARATION OF ALEXANDER L.
CHENEY IN SUPPORT OF OPPOSITION
TO PETITION TO VACATE FINAL
ARBITRATION AWARD

Hon. Araceli Martínez-Olguín
Case 4:24-cv-04840-AMO     Document 25-2     Filed 08/26/24     Page 1 of 3

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DECLARATION OF ALEXANDER L. CHENEY IN SUPPORT OF OPPOSITION TO PETITION TO VACATE
CASE NO. 3:24-cv-4840-AMO
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I, Alexander L. Cheney, pursuant to 28 U.S.C. § 1746, declare as follows:
1.
I am a member in good standing of the bars of California and New York.  I am
admitted to practice in the United States District Court for the Northern District of California.  I
am a partner at Willkie Farr & Gallagher LLP, counsel for Respondent Oto Analytics, LLC (f/k/a
Oto Analytics, Inc. d/b/a Womply) (“Womply”).
2.
I respectfully submit this declaration to provide this Court with certain materials
cited in Womply’s Opposition to Petition to Vacate Final Arbitration Award.  This declaration is
based on my personal knowledge or information provided to me.
DOCUMENTS
3.
Attached hereto as Exhibit 1 is a true and correct copy of the U.S. Small Business
Administration’s Standard Operating Procedure, 50 10 6, Lender and Development Company
Loan Programs, effective October 1, 2020.
4.
Attached hereto as Exhibit 2 is a true and correct copy of Benworth Capital
Partners LLC’s (“Benworth”) Motion to Disqualify William M. Manger, Jr., as Womply’s Expert
Witness or, in the Alternative, to Strike his Opinions, dated January 25, 2023, in the JAMS
arbitration styled Oto Analytics, Inc. d/b/a Womply v. Benworth Capital Partners, LLC, JAMS
Ref. No. 1210038203 (the “Arbitration”).
5.
Attached hereto as Exhibit 3 is a true and correct copy of the Arbitrator’s Order,
dated May 2, 2023.
ADDITIONAL FACTS
6.
On February 20, 2024, the Arbitrator in the Arbitration issued an Order requiring
that Womply promptly transmit copies of loan files to Benworth.  (Petition to Vacate Final
Arbitration Award App’x 3054–3061.)  Womply consented to a declaratory judgment on its
obligation to provide loan files to Benworth.  Womply complied with the Arbitrator’s order and
delivered the loan files to Benworth on June 12, 2024.

I declare under the penalty of perjury under the laws of the State of California and the United
States that the foregoing is true and correct.
Case 4:24-cv-04840-AMO     Document 25-2     Filed 08/26/24     Page 2 of 3

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DECLARATION OF ALEXANDER L. CHENEY IN SUPPORT OF OPPOSITION TO PETITION TO VACATE
CASE NO. 3:24-cv-4840-AMO
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Executed at San Francisco, California on this 26th day of August 2024.

Dated: August 26, 2024
WILLKIE FARR & GALLAGHER LLP

By: /s/ Alexander L. Cheney

Alexander L. Cheney

Attorney for Respondent
Oto Analytics, LLC
Case 4:24-cv-04840-AMO     Document 25-2     Filed 08/26/24     Page 3 of 3

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