June 18, 2025 Order, we write to notify Your Honor that the parties’ settlement discussions have

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A letter of July 18, 2025 to the Honorable Frederic Block in Kolbert v. Benworth Capital Partners LLC et al., Case 1:25-cv-00117-FB, in the U.S. District Court for the Eastern District of New York, filed as Document 40 and signed /s/ Alexander L. Cheney. Counsel for Oto Analytics, LLC, d/b/a Womply, and Toby Scammell writes on consent of all parties and under the court's June 18, 2025 Order to report that settlement discussions have so far been unsuccessful. The letter sets out an agreed briefing schedule for the defendants' motions to dismiss the Amended Complaint: opening briefs by August 1, 2025, oppositions by September 5, 2025 and replies by September 19, 2025.

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333 Bush St
San Francisco, CA 94104
Tel: 415 858 7400
Fax: 415 858 7599
BRUSSELS    CHICAGO    DALLAS    FRANKFURT    HOUSTON    LONDON    LOS ANGELES    MILAN
MUNICH    NEW YORK    PALO ALTO    PARIS    ROME    SAN FRANCISCO    WASHINGTON

July 18, 2025
VIA ECF

Re:
Kolbert v. Benworth Capital Partners LLC et al., Case No. 1:25-cv-00117-FB-VMS

Dear Judge Block:

We represent Defendants Oto Analytics, LLC, f/k/a Oto Analytics, Inc., d/b/a Womply
(“Womply”) and Toby Scammell (“Scammell,” and together with Womply, the “Womply
Defendants”) in the above-captioned matter.  On consent of all parties and pursuant to this Court’s
June 18, 2025 Order, we write to notify Your Honor that the parties’ settlement discussions have
so far been unsuccessful.  The parties have agreed to the following briefing schedule for
Defendants’ forthcoming motions to dismiss Plaintiff’s Amended Complaint:  opening briefs due
on or before August 1, 2025; opposition briefs due on or before September 5, 2025; and reply
briefs due on or before September 19, 2025.

Respectfully submitted,
/s/ Alexander L. Cheney
The Honorable Frederic Block
United States District Court
Eastern District of New York
225 Cadman Plaza East
Brooklyn, NY 11201
Case 1:25-cv-00117-FB-CHK     Document 40     Filed 07/18/25     Page 1 of 1 PageID #:
1035

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