C. The parties may wish to engage in settlement discussions

Summary

A Joint Proposed Civil Case Management Plan filed May 27, 2025 as Document 34 in William Kolbert v. Benworth Capital Partners LLC, et al., Case 1:25-cv-00117-FB-CHK, in the U.S. District Court for the Eastern District of New York. The defendants listed in the caption include Benworth Capital Partners LLC, Bernardo Navarro, Claudia Navarro, Oto Analytics, LLC d/b/a Womply and Toby Scammell, and the plan names counsel who conferred for each side. The parties decline referral to the court's ADR program and do not consent to proceed before a Magistrate Judge under 28 U.S.C. § 636(c). The plan proposes that, if the parties engage in settlement discussions, a demand be served by May 30, 2025, and it proposes Rule 26(a)(1) disclosures by June 19, 2025, completion of fact discovery by January 23, 2026, and completion of all discovery by April 9, 2026.

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Full text

   Case 1:25-cv-00117-FB-CHK            Document 34 Filed 05/27/25             Page 1 of 2 PageID #:
                                               1013


   UNITED STATES DISTRICT COURT
   EASTERN DISTRICT OF NEW YORK

       William Kolbert,
                       Plaintiff(s),                                    JOINT PROPOSED
                                                                 CIVIL CASE MANAGEMENT PLAN
           -against-
                                                                      Civ. 1:25-cv-00117-FB-VMS
       Benworth Capital Partners LLC;
       Benworth Capital Partners PR LLC;
       Benworth Financial LLC;
       Bernardo Navarro a/k/a Bernardo E. Navarro;
       Claudia Navarro a/k/a Claudia Pezzia Navarro;
       Oto Analytics, LLC f/k/a Oto Analytics, Inc.,
       d/b/a Womply; and Toby Scammell a/k/a
       Toby G. Scamell;

                        Defendant(s).
                                                  x
    The parties/counsel who conferred in drafting this joint proposed case management plan:

    For Plaintiff: Petroff Amshen, LLP appearance by Serge F. Petroff

    For Defendants Benworth Capital Partners LLC, Benworth Capital Partners PR LLC, Benworth
    Financial LLC, Bernardo Navarro a/k/a Bernardo E. Navarro and Claudia Navarro a/k/a Claudia
    Pezzia Navarro: Holland & Knight, appearance by Sean C. Sheely and Carolina Lopez.

    For Defendants Oto Analytics, LLC f/k/a/ Oto Analytics, Inc., d/b/a Womply and Toby Scammel:
    Wilkie Farr & Gallagher LLP, appearance by Alyxandra Vernon, Alexander L. Cheney and Stuart R.
    Lombardi.


A. Do the parties request referral to the Court’s ADR program? Yes: No: X

B. Do the parties consent to proceed before a Magistrate Judge pursuant to 28 U.S.C. § 636(c)?

        Yes:       If yes, fill out the AO 85 Notice, Consent and Reference of a Civil Action to a
                   Magistrate Judge Form and file it on ECF. https://www.uscourts.gov/forms/civil-
                   forms/notice-consent-and-reference-civil-action-magistrate-judge.
         No: X    If no, do not indicate which party declines consent.

C. The parties may wish to engage in settlement discussions.
   If so, Plaintiff(s) will serve demand by May 30, 2025. Defendant(s) will respond by June 5, 2025.

D. Defendant(s) will answer or otherwise respond to complaint by May 30, 2025 , if not yet done.

   The parties will serve Rule 26(a)(1) initial disclosures by June 19, 2025, if not yet done.

   The parties will serve initial document requests and interrogatories on or before August 11,

   2025. Any joinder and/or amendments of the pleadings must be made by September 5, 2025.
Case 1:25-cv-00117-FB-CHK           Document 34 Filed 05/27/25             Page 2 of 2 PageID #:
                                           1014


The parties will complete fact discovery by January 23, 2026.

If the parties perform expert discovery, they will serve initial disclosures by February 23, 2026;
initial expert reports by March 2, 2026; and rebuttal expert reports on or before March 16,
2026. All discovery, including expert depositions, will be completed by April 9, 2026, and the
parties will file a joint letter certifying the close of all discovery by this same date.

Other considerations the parties wish to bring to the Court’s attention, such as the need for
electronic discovery or confidentiality order.


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