1535218-Declaration DAR - Benworth [2]

What This Document Is

A three-page declaration by Dwayne A. Robinson, Esq. of Kozyak Tropin & Throckmorton, filed 2024-08-29 as attachment 1 to Benworth's administrative motion (docket entry 27) for a 30-day enlargement of time to reply to Oto Analytics's opposition to the petition to vacate the arbitration award. Robinson swears the declaration under penalty of perjury, identifying himself as a partner at the firm and one of Benworth's attorneys of record.

Factual Summary

The declaration restates, on Robinson's personal knowledge, the grounds for the enlargement request set out in the motion itself: his firm's competing deadlines in Cato Corp. v. Zurich American Insurance Co. (N.C. Supreme Court, No. COA23-305), Caston v. Hoffmann-La Roche, Inc. (9th Cir., No. 24-2920, D.C. No. 3:23-cv-00928-TLT), and Benes v. de la Aguilera (Fla. 3d DCA, No. 3D24-0152), plus other unspecified deadlines; his view that the vacatur issues require more than seven days to brief; the requested 30-day enlargement to October 3, 2024; the absence of prejudice given the next related-matter hearing was not until January 9, 2025; and the meet-and-confer with Womply's counsel, at which Womply objected on the ground it believed the court could resolve the petition on the papers before the January 2025 hearing. Robinson executed the declaration on August 29, 2024 in Miramar, Florida.

Key Facts

Docket entry 27-1 in 3:24-cv-04840; filed 2024-08-29 as an attachment to the entry-27

enlargement motion.

Declarant: Dwayne A. Robinson, Esq., partner at Kozyak Tropin & Throckmorton LLP,

counsel for Benworth.

Cites three named outside-case deadlines as the basis for needing additional reply time.
States the meet-and-confer occurred and records Womply's stated ground for objecting.
Executed August 29, 2024, in Miramar, Florida, under penalty of perjury.

Source Caveats

All factual assertions here are Robinson's own sworn representations on behalf of

Benworth (counsel's outside deadlines, the meet-and-confer account, Womply's stated reasoning); none are independently corroborated beyond what the public docket confirms.

Date: 2024-08-29

Full text

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Case No. 3:24-CV-4840-AMO
1
DECLARATION OF DWAYNE A. ROBINSON, ESQ. IN SUPPORT OF PETITIONER’S ADMINISTRATIVE MOTION FOR
ENLARGEMENT OF TIME TO REPLY TO RESPONDENT’S OPPOSITION TO PETITION TO VACATE FINAL
ARBITRATION

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)
Jpiedra@kttlaw.com
Dwayne A. Robinson (Florida Bar No. 99976)
(Pro Hac Vice)
drobinson@kttlaw.com
Michael R. Lorigas (Florida Bar No. 123597)
(Pro Hac Vice)
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

BENWORTH CAPITAL PARTNERS LLC,

Petitioner,

v.

OTO ANALYTICS, LLC,

Respondent.

Case No. 3:24-cv-4840-AMO

DECLARATION OF DWAYNE A.
ROBINSON, ESQ. IN SUPPORT OF
PETITIONER’S ADMINISTRATIVE
MOTION FOR ENLARGEMENT OF TIME
TO REPLY TO RESPONDENT’S
OPPOSITION TO PETITION TO VACATE
FINAL ARBITRATION

I, Dwayne A. Robinson, Esq., hereby declare under penalty of perjury:
1.
I am over the age of 18, competent to provide testimony, and make this declaration based
on my personal knowledge.  I am a partner at the law firm of Kozyak Tropin & Throckmorton LLP and
am one of the attorneys representing Petitioner Benworth Capital Partners LLC (“Benworth”).
Case 4:24-cv-04840-AMO     Document 27-1     Filed 08/29/24     Page 1 of 3

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Case No. 3:24-CV-4840-AMO
2
DECLARATION OF DWAYNE A. ROBINSON, ESQ. IN SUPPORT OF PETITIONER’S ADMINISTRATIVE MOTION FOR
ENLARGEMENT OF TIME TO REPLY TO RESPONDENT’S OPPOSITION TO PETITION TO VACATE FINAL
ARBITRATION

2.
Kozyak Tropin & Throckmorton has deadlines in other proceedings that necessitate an
enlargement of time to file its reply: Oral Argument in the Supreme Court of North Carolina, Cato
Corporation, et al., v. Zurich American Insurance Company, Case No. COA23-305; Initial Brief due in
the United States Court of Appeals for the Ninth Circuit, Andrea M. Caston, et al., v. Hoffmann-La Roche,
Inc., et al., Case No. 24-2920, D.C. No. 3:23-cv-00928-TLT; a Reply Brief in Benes v. de la Aguilera,
Case No. 3D24-0152 (Fla. 3d DCA), among other deadlines. The issues related to the Petition to Vacate
also require more time to brief than seven days.
3.
Benworth requests a 30-day enlargement of time to and including October 3, 2024, to
submit its reply.
4.
Because the next hearing in these related matters is not until January 9, 2025, the requested
enlargement will not prejudice the parties or the Court.
5.
The undersigned met and conferred with counsel for Respondent regarding the requested
relief.  Respondent said it objects to the extension because it suspects that this Court could resolve the
Petition to Vacate on the papers before the January 2025 hearing date.

I declare under penalty of perjury that the foregoing is true and correct.  Executed this August 29,
2024, in Miramar, Florida.

/s/ Dwayne A. Robinson

Dwayne A. Robinson

Case 4:24-cv-04840-AMO     Document 27-1     Filed 08/29/24     Page 2 of 3

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Case No. 3:24-CV-4840-AMO
3
DECLARATION OF DWAYNE A. ROBINSON, ESQ. IN SUPPORT OF PETITIONER’S ADMINISTRATIVE MOTION FOR
ENLARGEMENT OF TIME TO REPLY TO RESPONDENT’S OPPOSITION TO PETITION TO VACATE FINAL
ARBITRATION

ATTESTATION PURSUANT TO CIVIL LOCAL RULE 5-1(i)(3)
Pursuant to Civil Local Rule 5-1(i)(3), the filer of this document attests that concurrence in the
filing of this document has been obtained from the signatories above.

Dated: August 29, 2024

/s/ Simon S. Grille

Simon S. Grille

Case 4:24-cv-04840-AMO     Document 27-1     Filed 08/29/24     Page 3 of 3

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