IN THE UNITED STATES DISTRICT COURT

FOR THE 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

In re:

THE FINANCIAL OVERSIGHT AND 

MANAGEMENT BOARD FOR PUERTO RICO,

as representative of

THE EMPLOYMENT RETIREMENT SYSTEM 

OF THE COMMONWEALTH OF PUERTO RICO 

(“ERS”),

Debtor.

PROMESA

Title III

No. 17 BK 03283-LTS

(Jointly Administered)

PROMESA

Title III

No. 17 BK 03566-LTS

INFORMATIVE MOTION WITH RESPECT TO THE OMNIBUS HEARING

TO BE HELD ON SEPTEMBER 21ST, 2022

TO THE HONORABLE COURT:

Individual Plaintiffs, Pedro José Nazario Serrano; Joel Rivera Morales; María de 

Lourdes Gómez Pérez; Héctor Cruz Villanueva; Lourdes Rodríguez and Luis M. Jordán Rivera, 

all of them Retirees/Beneficiaries of the ERS and Plaintiffs in a claim for damages described 

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) 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); (iii) Puerto Rico Highways and Transportation 

Authority (Bankruptcy Case No. 17-BK-3567 (LTS)) (Last Four Digits of Federal Tax ID: 3808); (iv) Puerto Rico Sales Tax Financing 

Corporation (Bankruptcy Case No. 17-BK-3284 (LTS)) (Last Four Digits of Federal Tax ID: 8474); and (v) Puerto Rico Electric Power 

Authority (Bankruptcy Case No. 17-BK-4780 (LTS)) (Last Four Digits of Federal Tax ID: 3747) (Title III case numbers are listed as 

bankruptcy case numbers due to software limitations). 

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below that is currently pending in the Commonwealth of Puerto Rico Court of First Instance, 

San Juan Part (the “Commonwealth Court”), without submitting to the jurisdiction of this 

Court, very respectfully STATE and PRAY as follows:

1. In light of (i) the “Official Committee of Unsecured of Unsecured Creditors 

Limited Response in Support of UBS Financial Services Incorporated of Puerto Rico’s Motion 

to Enforce the Plan of Adjustment” (Docket No. 22186); (ii) the “Joinder of the Avoidance 

Actions Trustee to Official Committee of Unsecured Creditors’ Limited Response in Support 

of UBS Financial Services Incorporated of Puerto Rico’s Motion to Enforce the Plan of 

Adjustment” (Docket No. 22187), and (iii) the Official Committee of Unsecured Creditors and the 

Trustee had until September 15, 2022 to amend or dismiss their complaint against UBS but such term 

expired without any further action from any of those parties, the appearing retirees/beneficiaries 

of the ERS hereby withdraw their “Motion to Stay Consideration of: UBS Financial Services 

Incorporated Of Puerto Rico’s Motion To Enforce The Plan Of Adjustment And For Related 

Injunctive Relief” (“Motion to Stay”) (Docket No. 21808).

2. Consequently, for purposes of the Omnibus Hearing that will be held on 

September 21, 2022, the appearing retirees/beneficiaries of the ERS will only argue their 

opposition to UBS’ Motion to Enforce the Plan of Adjustment, as discussed at Docket No. 

22175. As such, item #2 of the “Notice of Agenda of Matters Scheduled for the Hearing on 

September 21-22, 2022 at 9:30A.M. AST” (“agenda”) (Docket No. 22306) should be 

eliminated. Individual ERS Plaintiffs will participate of item #3 of the agenda.

THEREFORE, the ERS Individual Plaintiffs respectfully request this Honorable Court 

to: TAKE NOTICE that the Motion to Stay at Docket No. 21808 is hereby withdrawn; and that 

the retirees/beneficiaries of the ERS will only argue the merits of their opposition to UBS’ 

Motion to Enforce, as discussed at Docket No. 22175.

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RESPECTFULLY SUBMITTED.

WE HEREBY CERTIFY: That on this same date a true and exact copy of this motion was filed 

with the Clerk of Court using CM/ECF system, which will notify a copy to counsel of record. 

In San Juan, Puerto Rico, this 20th day of September 2022.

VICENTE & CUEBAS PUJOL LAW OFFICES, PSC

P.O. Box 11609 P.O. Box 363042

San Juan, PR 00910-1609 San Juan, PR 00936-3042

Phone (787) 751-8000 Phone (787) 724-0900

Facsimile (787) 756-5250 Facsimile (787) 724-1196

/s/Harold D. Vicente /s/Francisco Pujol Meneses 

Harold D. Vicente, Esq. Francisco Pujol Meneses, Esq.

USDC-PR Bar No. 117711 USDC-PR Bar No. 212706

hvicente@vclawpr.com fpujol@pujollawpr.com

/s/Harold D. Vicente-Colón BUFETE ANDRÉU & SAGARDÍA

Harold D. Vicente-Colón, Esq. 261 Avenida Domenech

USDC-PR Bar No. 211805 San Juan, Puerto Rico 009718

hdvc@vclawpr.com Phone (787) 754-1777/763-8044

Facsimile (787) 763-8045

 

 /s/José A. Andréu Fuentes

 José A. Andréu Fuentes, Esq. 

USDC-PR Bar No. 204409

 jaf@andreu-sagardia.com

Counsel for Individual Plaintiffs, Beneficiaries of the Retirement System

of the Commonwealth of Puerto Rico

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