1

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. 22767, 22772

(Jointly Administered)

URGENT CONSENSUAL MOTION FOR EXTENSION OF DEADLINES

To the Honorable United States District Judge Laura Taylor Swain:

The Puerto Rico Fiscal Agency and Financial Advisory Authority (“AAFAF”), on behalf

of the Commonwealth of Puerto Rico (the “Commonwealth”), pursuant to the authority granted to 

it under the Enabling Act of the Fiscal Agency and Financial Advisory Authority, Act 2-2017, 

respectfully submits this urgent consensual motion (the “Urgent Motion”) for entry of an order, 

substantially in the form attached hereto as Exhibit A (the “Proposed Order”), extending 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).

Case:17-03283-LTS Doc#:22861 Filed:11/14/22 Entered:11/14/22 15:37:41 Desc: Main

Document Page 1 of 6
deadlines set forth in the Order Granting Urgent Consensual Motion for Extension of Deadlines

[ECF No. 22772] (the “Scheduling Order”)2.

Background

1. On June 22, 2021, forty-four (44) correction officers (the “Movants”) of the 

Department of Corrections and Rehabilitation of the Commonwealth of Puerto Rico (“DCR”), an 

entity of the Commonwealth, filed a Motion Requesting Order for Allowance of Administrative 

Expense Priority Claim and Request for Immediate Payment Filed by Forty-Four Correction 

Officers of the Department of Correction and Rehabilitation of the Commonwealth of Puerto Rico

[ECF No. 17134] (the “Motion”), requesting that the Court enter an order (i) for “the allowance of 

the amounts claimed by the Movants as an administrative expense priority from the date of the 

filing of the Title III Commonwealth case and from then on”, (ii) directing the Commonwealth to

pay such amounts in “full, and final satisfaction” within sixty (60) days of entry of such order,

(iii) directing the Debtor to continue issuing payments on a monthly basis, and (iv) ordering the 

Trial Court of Aguadilla, in connection with certain state court litigations related to Movants’ 

request in their Motion, to “make the necessary adjustment to the ‘KRONOS’ time register system 

to register as overtime the 30 minute hour work during mealtime periods”. See, Motion at p. 17-

18. 

2. On November 1, 2022, the Court entered the Scheduling Order, which provides that 

oppositions to the Motion must be filed by November 14, 2022, and Movants’ reply by November 

21, 2022.

2

 The Financial Oversight and Management Board for Puerto Rico, as the Commonwealth’s representative pursuant 

to section 315(b) of the Puerto Rico Oversight, Management, and Economic Stability Act (“PROMESA”), has 

authorized AAFAF to file this Urgent Motion on behalf of the Commonwealth. 

Case:17-03283-LTS Doc#:22861 Filed:11/14/22 Entered:11/14/22 15:37:41 Desc: Main

Document Page 2 of 6
Request for Relief

3. Since the filing of the Motion, the Commonwealth conducted multiple internal 

reviews of their books and records to evaluate the merits ̶or lack thereof ̶of the claims made in 

the Motion for the periods included therein. Such analysis, among other things, entailed a 

corroboration of whether all the Movants pertaining to the Motion were active in the DCR for the 

periods for which relief was sought. 

4. As mentioned in prior occasions, the Commonwealth and the Movants had reached 

an agreement, in principle, as to the amounts for the periods claimed in the Motion. Although the 

parties have been in the process of finalizing a written agreement for such periods, and although 

significant progress in such endeavor has been made, they had previously been unable to culminate 

it because the Movants requested that an agreement between the parties includes amounts, if any

are owed, up to the Effective Date of the Commonwealth’s Plan (the “Plan”)3. As also mentioned 

in prior occasions, the Commonwealth and the Movants had also managed to reach an agreement, 

in principle, as to amounts owed up to the Effective Date of the Plan.

5. Notwithstanding the above, while in the process of exchanging comments to the 

draft of a written agreement for all relevant periods up to the Effective Date, the Movants noted a 

certain discrepancy in the amounts for one specific claimant, stemming from a confusion in the 

Movants’ amounts alleged in the Motion for such claimant. Although such discrepancy was not 

significant, it nonetheless resulted in an additional delay in the finalization of an agreement 

between the parties, as it caused the Commonwealth to conduct an additional reconciliation for 

one specific Movant, in furtherance of attempting to continue with the endeavors for a consensual 

3 Modified Eighth Amended Title III Joint Plan of Adjustment of the Commonwealth of Puerto Rico, et al. [ECF No. 

19813-1 Ex. A].

Case:17-03283-LTS Doc#:22861 Filed:11/14/22 Entered:11/14/22 15:37:41 Desc: Main

Document Page 3 of 6
resolution as to this one specific claimant. Therefore, to continue settlement communications, the 

Commonwealth reached out to Movants’ counsel who has consented to the requested extension.

6. Accordingly, the Commonwealth, with Movants’ consent, proposes the following 

extensions of the deadlines set forth in the Scheduling Order to allow further discussions with 

Movants: 

• The deadline to respond to the Motion shall be extended to November 28, 2022. 

• The deadline for Movants to file a reply to an opposition, if any, shall be extended to

December 5, 2022.

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

that a hearing is necessary.

7. Pursuant to Paragraph I.H of the Sixteenth Amended Notice, Case Management and 

Administrative Procedures [ECF No. 20190-1] (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 in an effort to resolve or narrow the issues that are being brought to the 

Court, and no party opposes the relief requested herein.

Notice

8. The Commonwealth has provided notice of this Urgent Motion in accordance with 

the Case Management Procedures to the following parties: (a) the Office of the United States 

Trustee for the District of Puerto Rico; (b) the indenture trustees and/or agents, as applicable, for 

the Debtors’ bonds; (c) the entities on the list of creditors holding the 20 largest unsecured claims 

against COFINA; (d) counsel to the statutory committees appointed in these Title III cases; (e) the 

Case:17-03283-LTS Doc#:22861 Filed:11/14/22 Entered:11/14/22 15:37:41 Desc: Main

Document Page 4 of 6
Office of the United States Attorney for the District of Puerto Rico; (f) counsel to the Oversight 

Board; (g) the Puerto Rico Department of Justice; (h) all parties filing a notice of appearance in 

these Title III cases; and (i) Movants. A copy of the Urgent Motion is also available on the 

Commonwealth’s case website at https://cases.primeclerk.com/puertorico/.

9. The Commonwealth submits that, in light of the nature of the relief requested, no 

other or further notice need be given. 

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

grant such other relief as is just and proper. 

Dated: November 14, 2022

San Juan, Puerto Rico 

Respectfully submitted, 

/s/ Luis C. Marini-Biaggi

Luis C. Marini-Biaggi

USDC No. 222301 

Email: lmarini@mpmlawpr.com

/s/ Carolina Velaz-Rivero

Carolina Velaz-Rivero

USDC No. 300913

Email: cvelaz@mpmlawpr.com

MARINI PIETRANTONI MUÑIZ LLC

250 Ponce de León Ave.

Suite 900

San Juan, Puerto Rico 00918

Tel: (787) 705-2171

Fax: (787) 936-7494

Attorneys for the Puerto Rico Fiscal 

Agency and Financial Advisory Authority

Case:17-03283-LTS Doc#:22861 Filed:11/14/22 Entered:11/14/22 15:37:41 Desc: Main

Document Page 5 of 6
6

Exhibit A

Proposed Order

Case:17-03283-LTS Doc#:22861 Filed:11/14/22 Entered:11/14/22 15:37:41 Desc: Main

Document Page 6 of 6