UNITED STATES DISTRICT COURT 

DISTRICT OF PUERTO RICO 

In re: 

THE FINANCIAL OVERSIGHT AND 

MANAGEMENT BOARD FOR PUERTO RICO, 

as representative of 

THE COMMONWEALTH OF PUERTO RICO, et al., 

 

Debtors.1

PROMESA 

Title III 

No. 17 BK 3283-LTS 

Re: ECF Nos. 18532, 18554, 19022, 

19041, 19348, 19351, 19437, 19443, 

19575, 19578, 19723, 19728 

(Jointly Administered) 

SIXTH URGENT UNOPPOSED MOTION OF THE COMMONWEALTH OF 

PUERTO RICO FOR EXTENSION OF DEADLINES 

To the Honorable United States District Judge Laura Taylor Swain: 

The Financial Oversight and Management Board for Puerto Rico (the “Oversight Board”), 

as the sole Title III representative of the Commonwealth of Puerto Rico (the “Commonwealth” or 

the “Debtor”) pursuant to section 315(b) of the Puerto Rico Oversight, Management, and 

Economic Stability Act (“PROMESA”),2 respectfully submits this sixth urgent unopposed motion 

(the “Urgent Motion”) for entry of an order, substantially in the form attached hereto as Exhibit 

 

1

 The Debtors in these Title III Cases, along with each Debtor’s respective Title III case number 

and the last four (4) digits of each Debtor’s federal tax identification number, as applicable, are 

the (i) Commonwealth of Puerto Rico (Bankruptcy Case No. 17-BK-3283- LTS) (Last Four 

Digits of Federal Tax ID: 3481); (ii) Puerto Rico Sales Tax Financing Corporation (“COFINA”) 

(Bankruptcy Case No. 17-BK-3284-LTS) (Last Four Digits of Federal Tax ID: 8474); (iii) 

Puerto Rico Highways and Transportation Authority (“HTA”) (Bankruptcy Case No. 17-BK3567-LTS) (Last Four Digits of Federal Tax ID: 3808); (iv) Employees Retirement System of 

the Government of the Commonwealth of Puerto Rico (“ERS”) (Bankruptcy Case No. 17-BK3566-LTS) (Last Four Digits of Federal Tax ID: 9686); (v) Puerto Rico Electric Power 

Authority (“PREPA”) (Bankruptcy Case No. 17- BK-4780-LTS) (Last Four Digits of Federal 

Tax ID: 3747); and (vi) Puerto Rico Public Buildings Authority (“PBA”) (Bankruptcy Case No. 

19-BK-5233-LTS) (Last Four Digits of Federal Tax ID: 3801) (Title III case numbers are listed 

as Bankruptcy Case numbers due to software limitations). 

2

 PROMESA is codified at 48 U.S.C. §§ 2101–2241. 

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A (the “Proposed Order”), extending by twenty-one (21) days, to and including Tuesday, February 

22, 2022, the deadline to object to Creditor Josefina Guinot’s Motion to Set Aside Order, 

Informing Receipt of Resolution, and Requesting Equitable Compensation [ECF No. 18532] (the 

“Motion to Set Aside”). The Commonwealth has conferred with counsel for Ms. Guinot, and 

counsel for Ms. Guinot does not oppose this request. 

Background

1. Ms. Guinot is a party to Case No. 2001-07-0054 (the “Litigation”), a proceeding 

before the Public Service Appellate Commission (by its Spanish acronym, “CASP”). On July 8, 

2021 and August 8, 2021, the CASP issued two resolutions in the Litigation (the “Resolutions”). 

2. On October 18, 2021, Ms. Guinot filed the Motion to Set Aside. Therein, Ms. 

Guinot asserts that the Resolutions resolved the Litigation in Ms. Guinot’s favor. Mot. to Set 

Aside at 12. Accordingly, the Motion to Set Aside requests an order (i) setting aside this Court’s 

disallowance of Ms. Guinot’s proof of claim and (ii) awarding Ms. Guinot certain monetary 

damages allegedly owed. Mot. to Set Aside at 21. 

3. On October 19, 2021, the Court entered the Order Scheduling Briefing of Creditor 

Josefina Guinot’s Motion to Set Aside Order, Informing Receipt of Resolution, and Requesting 

Equitable Compensation [ECF No. 18554] (the “Scheduling Order”). The Scheduling Order 

established November 2, 2021 at 5:00 p.m. (Atlantic Standard Time) as the deadline for the 

Commonwealth to respond to the Motion to Set Aside (the “Objection Deadline”). The Objection 

Deadline was subsequently extended to Tuesday, February 1, 2022 at 5:00 p.m. (Atlantic Standard 

Time). [ECF Nos. 19041, 19351, 19443, 19578, 19728]. 

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Request for Relief 

4. The Commonwealth continues to work to gather information necessary in order to 

assess the Motion to Set Aside and engage in discussions with Ms. Guinot’s counsel in order to 

determine whether the parties may be able to reach a consensual resolution of the same. The 

Commonwealth conferred with Ms. Guinot’s counsel, who does not oppose the requested 

extension in order to allow time for the parties to discuss a potential consensual resolution of the 

Motion to Set Aside. 

5. Accordingly, the Commonwealth, proposes the following extensions of the 

deadlines set forth in the Scheduling Order, to which Ms. Guinot’s counsel does not object: 

 The deadline to respond to the Motion shall be extended by twenty-one (21) days, from 

Tuesday, February 1, 2022 to Tuesday, February 22, 2022. 

 The deadline for Ms. Guinot to file a reply to a response, if any, shall also be extended 

by twenty-one (21) days, from Tuesday, February 8, 2022 to Tuesday, March 1, 2022.

 The Court will thereafter take the Motion to Set Aside on submission, unless the Court 

determines that a hearing is necessary. 

Certification of Compliance with 

Local Rule 9013-1 and the Fifteenth Amended Case Management Procedures 

6. Pursuant to Paragraph I.H of the Fifteenth Amended Notice, Case Management and 

Administrative Procedures [ECF No. 17127-1] (the “Case Management Procedures”), the 

Commonwealth hereby certifies that it has carefully examined the matter and concluded that there 

is a true need for an urgent motion; it has not created the urgency through any lack of due diligence; 

has made a bona fide effort to resolve the matter without a hearing; has made reasonable, goodfaith communications with Ms. Guinot in an effort to resolve or narrow the issues that are being 

brought to the Court, and Ms. Guinot does not oppose the relief requested herein. 

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WHEREFORE the Commonwealth requests the Court enter the Proposed Order and grant 

such other and further relief as is just and proper. 

Dated: February 1, 2022 Respectfully submitted, 

 San Juan, Puerto Rico 

/s/ Hermann D. Bauer 

Hermann D. Bauer 

USDC No. 215205 

Carla García-Benítez 

USDC No. 203708 

Gabriel A. Miranda 

USDC No. 306704 

O’NEILL & BORGES LLC 

250 Muñoz Rivera Ave., Suite 800 

San Juan, PR 00918-1813 

Tel: (787) 764-8181 

Fax: (787) 753-8944 

/s/ Brian S. Rosen

Martin J. Bienenstock (pro hac vice) 

Brian S. Rosen (pro hac vice) 

Laura Stafford (pro hac vice) 

PROSKAUER ROSE LLP

Eleven Times Square 

New York, NY 10036 

Tel: (212) 969-3000 

Fax: (212) 969-2900 

Attorneys for the Financial 

Oversight and Management Board 

for Puerto Rico, as representative for 

the Commonwealth of Puerto Rico

 

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Exhibit A 

Proposed Order 

 

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UNITED STATES DISTRICT COURT 

DISTRICT OF PUERTO RICO 

In re: 

THE FINANCIAL OVERSIGHT AND 

MANAGEMENT BOARD FOR PUERTO RICO, 

as representative of 

THE COMMONWEALTH OF PUERTO RICO, et al., 

 

Debtors.1

PROMESA 

Title III 

No. 17 BK 3283-LTS 

Re: ECF Nos. 18532, 18554, 19022, 

19041, 19348, 19351, 19437, 19443, 

19575, 19578, 19723, 19728 

(Jointly Administered) 

ORDER GRANTING SIXTH URGENT UNOPPOSED MOTION 

OF THE COMMONWEALTH OF PUERTO RICO FOR EXTENSION OF DEADLINES 

Upon the Sixth Urgent Unopposed Motion for Extension of Deadlines (the “Urgent 

Motion”);2 and the Court having found it has subject matter jurisdiction over this matter pursuant 

to PROMESA section 306; and it appearing that venue in this district is proper pursuant to 

PROMESA section 307; and the Court having found that the relief requested in the Urgent Motion 

is in the best interests of the Commonwealth and Ms. Guinot; and the Court having found that the 

 

1

 The Debtors in these Title III Cases, along with each Debtor’s respective Title III case 

number and the last four (4) digits of each Debtor’s federal tax identification number, as applicable, 

are the (i) Commonwealth of Puerto Rico (Bankruptcy Case No. 17-BK-3283- LTS) (Last Four 

Digits of Federal Tax ID: 3481); (ii) Puerto Rico Sales Tax Financing Corporation (“COFINA”) 

(Bankruptcy Case No. 17-BK-3284-LTS) (Last Four Digits of Federal Tax ID: 8474); (iii) Puerto 

Rico Highways and Transportation Authority (“HTA”) (Bankruptcy Case No. 17-BK-3567-LTS) 

(Last Four Digits of Federal Tax ID: 3808); (iv) Employees Retirement System of the Government 

of the Commonwealth of Puerto Rico (“ERS”) (Bankruptcy Case No. 17-BK-3566-LTS) (Last 

Four Digits of Federal Tax ID: 9686); (v) Puerto Rico Electric Power Authority (“PREPA”) 

(Bankruptcy Case No. 17- BK-4780-LTS) (Last Four Digits of Federal Tax ID: 3747); and (vi) 

Puerto Rico Public Buildings Authority (“PBA”) (Bankruptcy Case No. 19-BK-5233-LTS) (Last 

Four Digits of Federal Tax ID: 3801) (Title III case numbers are listed as Bankruptcy Case 

numbers due to software limitations). 

2

 Capitalized terms used but not otherwise defined herein have the meanings given to them 

in the Urgent Motion. 

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Debtor provided adequate and appropriate notice of the Urgent Motion under the circumstances 

and that no other or further notice is required; and the Court having reviewed the Urgent Motion; 

and the Court having determined that the factual bases set forth in the Urgent Motion establish just 

cause for the relief granted herein; and after due deliberation and sufficient cause appearing 

therefor, it is HEREBY ORDERED THAT: 

1. The Urgent Motion is granted as set forth herein. 

2. The deadline to respond to the Motion shall be extended by twenty-one (21) days, from 

Tuesday, February 1, 2022 to Tuesday, February 22, 2022. 

3. The deadline for Ms. Guinot to file a reply shall also be extended by twenty-one (21) 

days, from Tuesday, February 8, 2022 to Tuesday, March 1, 2022. 

4. The Court will thereafter take the Motion on submission, unless the Court determines 

that a hearing is necessary. 

Dated: ___________, 2022 

___________________________________ 

HONORABLE LAURA TAYLOR SWAIN 

UNITED STATES DISTRICT JUDGE 

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