221207 AMEND. PROCEDURES ORD RE DEC OMNI PRPFC VERSION DECEMBER 7, 2022 1

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF PUERTO RICO

------------------------------------------------------------x

In re: PROMESA

Title III

THE FINANCIAL OVERSIGHT AND

MANAGEMENT BOARD FOR PUERTO RICO,

as representative of No. 17 BK 3283-LTS

THE COMMONWEALTH OF PUERTO RICO (Jointly Administered)

et al.,

Debtors.1

------------------------------------------------------------x

PUERTO RICO PUBLIC FINANCE PROMESA 

CORPORATION, Title VI

Applicant. Case No. 22-cv-1517 (LTS)

------------------------------------------------------------x

AMENDED AND RESTATED ORDER REGARDING PROCEDURES FOR VIRTUAL TITLE VI

APPROVAL HEARING FOR THE PUERTO RICO PUBLIC FINANCE 

CORPORATION AND DECEMBER 14-15, 2022 OMNIBUS HEARING

Due to unforeseen circumstances, the Order Regarding Procedures for Title VI 

Approval Hearing for the Puerto Rico Public Finance Corporation and December 14-15, 2022 

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 (the “Commonwealth”) 

(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-5523-LTS) (Last Four Digits of Federal Tax ID: 3801) 

(Title III case numbers are listed as Bankruptcy Case numbers due to software 

limitations).

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Omnibus Hearing (Docket Entry No. 22907 in Case No. 17-3283 and Docket Entry No. 27 in 

Case No. 22-cv-1517) is amended and restated to reflect that the Court will conduct the 

hearings scheduled to begin at 9:30 a.m. (Atlantic Standard Time) on December 14, 2022 

virtually using videoconferencing and telephonic platforms as set forth herein.

The Court will conduct an omnibus hearing on certain motions in the abovecaptioned cases and related adversary proceedings (the “Omnibus Hearing”) beginning at 

9:30 a.m. (Atlantic Standard Time) on December 14, 2022. Immediately upon the conclusion 

of the Omnibus Hearing, the Court will receive evidence and hear argument in connection with 

the request of the Financial Oversight and Management Board for Puerto Rico (the “Oversight 

Board”) for approval of the Application of the Puerto Rico Public Finance Corporation, by and 

Through the Financial Oversight and Management Board for Puerto Rico, as Administrative 

Supervisor, for Approval of Qualifying Modification for PFC Pursuant to Section 601(m)(1)(D) 

of the Puerto Rico Oversight, Management, and Economic Stability Act (Docket Entry No. 1 in

Case No. 22-cv-1517) (the “Qualifying Modification Hearing” and, together with the Omnibus

Hearing, the “Hearings”). The Hearings will be conducted virtually on December 14, 2022, 

from 9:30 a.m. to 12:50 p.m. (Atlantic Standard Time), resume from 2:10 p.m. to 5:00 p.m.

(Atlantic Standard Time), and continue, if necessary, on December 15, 2022, beginning at

9:30 a.m. (Atlantic Standard Time). The Hearings shall be governed by the following 

procedures.

Registration for Videoconference, and Listen-In Facilities for Attorneys, Members of the 

Public and Press

1. Videoconferencing via Zoom. The Court will conduct the Hearing using 

the audio and video features of the Zoom platform as a virtual courtroom. An invitation to 

register will be sent by the Court to Hearing participants who have registered their appearance by 

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filing an Informative Motion in accordance with paragraph 3 below. Parties must respond to the 

invitation to register for Zoom access and will automatically receive the link and relevant login 

information to join the virtual proceeding. To optimize performance of the Zoom platform and 

in the interest of avoiding excessive billing of fees, the Financial Oversight and Management 

Board for Puerto Rico (the “Oversight Board”) and the Puerto Rico Fiscal Agency and Financial 

Advisory Authority (“AAFAF”) shall each be limited to four attorneys appearing in the Zoom 

session at any given time, and each other Party (as defined in paragraph 3(a) below) will be 

limited to two attorneys appearing in the Zoom session at any given time. Only persons who 

are identified in properly submitted Zoom registration documents, including a Party 

Appearance Sheet, will be permitted to appear at the Hearing. Counsel who have already 

filed a pretrial informative motion, including a Party Appearance Sheet are not required to refile 

a new informative motion. Recording and retransmission of the proceedings by any means are 

prohibited. All proceedings will be conducted in the English language as required by law. 48 

U.S.C. § 864. No interpretation services will be provided by the Court for the Hearing. 

2. Listen-Only Public Access to the Hearings. Members of the public, 

press, and attorneys may listen to but not participate in the Hearings by dialing (888) 363-

4749, and, when prompted, entering the access code (7214978) and security code (7533) for 

listen-only access. This telephonic access line for the press and the general public will be in 

listen-only mode at all times. Recording and retransmission of the proceedings by any means 

are prohibited. 

Party Informative Motion and Exhibit List Procedures

3. Counsel for any party in interest (each, a “Party”) and any individual Party not 

represented by counsel that wishes to participate in the Hearings must file an informative motion 

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by December 7, 2022, at 5:00 p.m. (Atlantic Standard Time). The informative motion shall 

contain a completed Exhibit A, Exhibit B, and Exhibit C. Counsel who have not filed exhibits 

and/or do not intend to examine a witness may write “N/A” on the Exhibit B and Exhibit C 

cover sheets. 

a. Party Appearance Sheet. Counsel for any Party that has (a) timely filed an

objection to or statement in support of the Application of the Puerto Rico Public Finance 

Corporation, by and Through the Financial Oversight and Management Board for Puerto Rico, 

as Administrative Supervisor, for Approval of Qualifying Modification for PFC Pursuant to 

Section 601(m)(1)(D) of the Puerto Rico Oversight, Management, and Economic Stability Act 

(Docket Entry No. 1 in Case No. 22-cv-1517), or (b) a motion or response in connection with a 

matter noticed for the omnibus hearing (each, a “Party”) and wishes to participate at the Hearings 

must register an appearance by completing the Party Appearance Sheet. Counsel must identify:

(i) the Party for which they intend to appear; (ii) whether they intend to appear for the Qualified 

Modification Hearing, the Omnibus Hearing, or both; and (iii) the name(s), email address(es) for 

those attorney(s) who wish to participate in the Hearings. 

b. Witness Cover Sheet. If the Party wishes to cross-examine any declarant, the 

Party shall complete the Witness Cover Sheet indicating: (a) the witness(es) to be examined;

(b) the factual issue(s) to which the proposed cross-examination or testimony relates; (c) the 

subject matter of the testimony and its relevance to the factual issue(s); and (d) the time 

requested for such examination or testimony. 

c. Parties not represented by counsel. Any individual Party who wishes to 

participate in the Hearings must appear in person in the United States District Court for the 

District of Puerto Rico, 150 Carlos Chardón Street, Federal Building, San Juan, Puerto Rico 

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00918-1767 (the “San Juan Courtroom”) to participate. If the party wishes to appear virtually, 

he or she must file a Pretrial Informative Motion with the Party Appearance Sheet, Witness 

Cover Sheet, and Exhibit Cover Sheet as set forth in paragraph 3. 

d. Exhibit List Procedures and Exhibit Cover Sheet. Exhibit lists are due by 

December 7, 2022, at 12:00 p.m. (Atlantic Standard Time). Each Party must follow the 

below instructions for filing the Exhibit List.

i. Each Party is directed to file an Exhibit List using the CM/ECF event 

“Motion Submitting.” 

ii. Each Party must upload each exhibit as a separate attachment to the 

Exhibit List. Hyperlinks may not be used in lieu of uploading an exhibit.

iii. The Exhibit List is intended to be a single filing (with multiple exhibits). 

If your Exhibit List and attachments exceed the upload capacity of 

CM/ECF,2 you may divide your submission into multiple filings. 

A. Large Exhibits. If a single exhibit is too large to file, Parties shall 

divide the exhibit into separate attachments. In this scenario, the 

Party assigns each part of the exhibit the same exhibit letter or 

number, and types in the text field “Part 1 of [Total Number].” 

Parties must select the same exhibit letter or number to indicate to 

the Court that an uploaded exhibit is continued in the next 

attachment. For example, if “Party ABC” needs to divide 

Exhibit C into 3 attachments due to its size, “Party ABC” will 

upload and designate the exhibit as follows: Exhibit C: “Part 1 of 

3,” the next attachment as Exhibit C “Part 2 of 3,” and the final 

attachment as Exhibit C “Part 3 of 3.” The next attachment will 

then proceed to Exhibit D.

B. Multiple Filings. If a group of exhibits reaches the 20MB 

capacity for a single CM/ECF filing, parties must continue to file 

their exhibits by starting a new filing. Parties will again select the 

“Motion Submitting” CM/ECF Activity when filing the next set of 

exhibits. The main document for a continued filing should be 

titled “Continued Exhibits of [Party Name]” and may include a list 

of the exhibits attached to that single filing.

2 The maximum capacity of the U.S. Bankruptcy Court for the District of Puerto Rico 

CM/ECF System is 20 MB for a single filing. 

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iv. Requests to Seal Certain Exhibits. A Party who has included an exhibit 

on their Exhibit List that is subject to a sealing application must file a 

placeholder for the exhibit, clearly marked as such. The placeholder 

document can simply state “Exhibit Name, Exhibit Brief Description, 

Party [Name] will file a Motion to Seal regarding Exhibit [Letter].” The 

Party must still select the exhibit letter corresponding to the exhibit and 

type in the text field “SEALED Exhibit [Letter].” 

A. When a Party files a motion to seal, the Party must select the 

CM/ECF designation “MOTION TO SEAL” or “URGENT 

MOTION TO SEAL.” This is the only CM/ECF Designation that 

allows the Clerk’s Office to unseal the document at a later date. 

Failure to select the appropriate designation will result in a 

deficient filing notification and/or termination of the motion. 

The Exhibit Cover Sheet, Exhibit C to the Pretrial Informative Motion, must 

include all docket entry numbers for each exhibit that was previously filed in connection with the 

Exhibit List. Thus, a Party is only able to complete the Exhibit Cover Sheet after the Party has 

filed their Exhibit List. 

4. Remote Witness Testimony. Rule 43(a) of the Federal Rules of Civil 

Procedure, made applicable by Rule 9017 of the Federal Rules of Bankruptcy Procedure,

provides that for “good cause in compelling circumstances” a witness may be permitted to testify

by contemporaneous transmission from a location other than the courtroom. Having found that

good cause and compelling circumstances exist here due to the COVID-19 pandemic, any 

witness called to testify at the Hearings shall testify by contemporaneous transmission from a 

different location than the Court (the “Remote Witnesses”). 

a. The original proponent of a witness will be responsible for (a) arranging 

virtual participation at the Qualifying Modification Hearing, (b) providing a certified interpreter 

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if the witness requires translation services,

3

 and (c) confirming witness attendance by emailing 

SwainDPRCorresp@nysd.uscourts.gov by 3:00 p.m. (Atlantic Standard Time) the day before 

the witness is scheduled to testify with the following information: the (1) name of the witness, 

and (2) the name of the interpreter, if any. 

b. The Party intending to examine a witness must have identified the witness 

on the Party’s witness list, due December 7, 2022, and included the declarant’s name on the 

Witness Cover Sheet attached to the Party’s Pretrial Informative Motion. Direct testimony will 

be by declaration previously provided pursuant to the procedures prescribed for that purpose, and 

cross-examination and redirect examination, if any, shall be as set forth herein. 

c. The Court will review all declarations that have been submitted in support 

of or opposition to the Qualifying Modification in advance of the Qualifying Modification

Hearing. The deadline for all Parties to file witness declarations to be used at the Qualifying 

Modification Hearing is December 4, 2022. All such declarations are deemed submitted as 

direct testimony. 

d. All Remote Witnesses shall be sworn in over Zoom, and such testimony 

will have the same effect and be binding upon the Remote Witness in the same manner as if such 

Remote Witness was sworn in by the Court in person in open court at the courthouse. The Party 

intending to examine a Remote Witness must have identified the Remote Witness on the Party’s 

witness list, and included the person’s name on the Witness Cover Sheet attached to the Party’s 

Pretrial Informative Motion. Direct testimony will be by declaration previously provided 

pursuant to the procedures prescribed for that purpose, and cross-examination and redirect 

3 Information regarding interpreter services can be found on the website for the United 

States District Court for the District of Puerto Rico 

https://www.prd.uscourts.gov/interpreter-services. 

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examination, if any, shall be via Zoom as set forth herein. 

e. Unless directed otherwise, a Remote Witness can appear at counsel’s 

office, or a Remote Witness can appear by a separate location. Counsel and a Remote Witness 

are not permitted to share the same computer device if a Remote Witness appears at counsel’s 

office. Note that placing two devices in close proximity may result in feedback and/or audio 

malfunctions, so headsets must be used if both counsel and the Remote Witness are in the same 

room. If there is an error or malfunction with Zoom, the testimony will proceed by dial-in by 

using the telephone number provided in the Zoom dial-in invitation or another number to be 

provided by the Court if that dial-in number also does not function properly. The Party intending 

to examine the Remote Witness must make arrangements with the original proponent of the 

Remote Witness for availability of the Remote Witness and the original proponent will be 

responsible for (a) providing a certified interpreter if the Remote Witness will not testify in 

English,4 and (b) emailing SwainDPRCorresp@nysd.uscourts.gov by 3:00 p.m. (Atlantic 

Standard Time) the day before the Remote Witness is scheduled to testify with the following 

information: the (1) name of the Remote Witness, (2) the name of the interpreter, if any, (3) 

email address of the Remote Witness, (4) email address of the interpreter, if any, and (5) whether 

the Remote Witness will share a computer device with counsel.

f. Additionally, the Party intending to examine the Remote Witness is 

responsible for supplying all previously-disclosed exhibits from all Parties to be used during the 

Remote Witness’ testimony to the Remote Witness in hard copy, or where a hard copy is 

unfeasible, with an electronic version, by no later than the day before the Remote Witness is 

4 Information regarding interpreter services can be found on the website for the United 

States District Court for the District of Puerto Rico 

https://www.prd.uscourts.gov/interpreter-services. 

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scheduled to testify. To the extent that counsel in good faith finds it necessary to use exhibits not 

previously disclosed, they must be provided to opposing counsel for objection by reliable means 

and to the witness and the Court by reliable means, which may be electronic, prior to tender of 

the exhibit. Any additional exhibits admitted under such circumstances must be filed on the ECF 

system (with a Supplemental Exhibit Cover Sheet) by 10:00 p.m. (Atlantic Standard Time) on 

the day the exhibit is used to examine the Remote Witness. No person other than counsel for 

the Party offering or representing the Remote Witness may be present in the room from which 

the Remote Witness will testify, with the exception of any person providing technical assistance 

and/or interpretation to the Remote Witness. While the Remote Witness is testifying, the 

Remote Witness must not have in the room from which the Remote Witness will testify any 

documents except the Remote Witness’ declaration submitted as direct testimony (with exhibits, 

if any) and all exhibits from all Parties that will have been provided as set forth herein. When 

called to testify, a Remote Witness must be situated in such a manner as to be able to view the 

video screen and be seen by the Court. Remote Witnesses testifying via Zoom shall utilize the 

Zoom link only during the time they are testifying and shall disconnect from the Zoom 

proceeding (using the “Leave Meeting” Zoom feature) upon the conclusion of the Remote 

Witness’ testimony, unless the Court authorizes otherwise.

g. Parties must meet and confer in advance of the Qualifying Modification

Hearing to use their best efforts to agree on the admissibility of the proposed exhibits into 

evidence. By no later than December 8, 2022, at 2:00 p.m. (Atlantic Standard Time), the 

Parties shall, through the Oversight Board’s counsel, provide to each of the courthouses5

: (a) a 

5 The binders shall be addressed to the following locations: (i) United States District Court 

for the District of Puerto Rico, 150 Carlos Chardón Street, Federal Building, San Juan, 

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list of exhibits whose admissibility into evidence for purposes of the Qualifying Modification 

Hearing is agreed; (b) a list of exhibits whose admissibility into evidence is not agreed; and 

(c) hard copies of all witness direct testimony declarations.

Notice of Omnibus Hearing Agenda and Order of Appearances for Oral Argument and 

Witness Examination in connection with the Qualifying Modification Hearing

5. In anticipation of the Hearings, the Debtors shall file an agenda outlining 

the matters to be addressed and the projected timetable for the Hearings by December 12, 2022, 

in accordance with the Sixteenth Amended Case Management Procedures and Order Granting 

Motion for Entry of an Order Approving Procedures and Establishing Schedule for Approval of 

Qualifying Modification for the Puerto Rico Public Finance Corporation. (See Docket Entry 

No. 20190-1 § III.M; see also Docket Entry No. 10 in Case No. 22-cv-1517.) Debtors’ counsel 

shall file a revised agenda on December 13, 2022, if circumstances have changed or if requested 

to do so by the Court. Debtors’ counsel shall email a proposed agenda, including preliminary 

time allocations, to the Court by December 10, 2022, at 12:00 p.m. (Atlantic Standard Time). 

The Parties intending to present argument and examine witnesses in connection with the 

Qualifying Modification Hearing shall meet and confer and jointly propose time allocations for 

argument in connection with the Qualifying Modification Hearing.

a. Omnibus Hearing Agenda. The agenda shall include: (a) the names of the 

individuals who intend to appear and speak on behalf of each relevant Party in connection with 

each motion or report; (b) the order in which the parties to the relevant motion shall present 

argument; and (c) time allocations for each Party. 

Puerto Rico 00918-1767, and (ii) the United States District Court for the Southern 

District of New York, Daniel Patrick Moynihan Courthouse, 500 Pearl Street, New York, 

New York 10007.

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b. Status Reports. The Oversight Board and AAFAF shall file written status 

reports by 5:00 p.m. (Atlantic Standard Time) on December 13, 2022. The Oversight Board’s 

report shall address: (a) the general status and activities of the Oversight Board, including 

measures taken in response to the COVID-19 pandemic; (b) the general status of relations among 

the Oversight Board and the Commonwealth and federal governments; (c) the general status of 

the ADR and ACR processes, including the anticipated number of matters to be directed into the 

ADR process and anticipated timetable for initiation of ADR procedures with respect to such 

matters; and (d) the anticipated timing and volume of objections to claims. AAFAF shall 

provide a general status report on its status and activities, including an overview of the 

Commonwealth’s ongoing response to the COVID-19 pandemic. At the Omni Hearing, the 

Court will ask counsel to the Oversight Board and AAFAF to respond to questions and 

comments, if any, related to their respective status reports.

c. Qualifying Modification Hearing Agenda. The Agenda shall include the 

order of appearances for oral argument and witness examination including: (a) the Parties 

(including any persons appearing pro se) who intend to appear and present opening and closing 

statements; (b) time allocations for each speaker providing an opening and closing statement;

(c) the names and anticipated order of the witnesses that will be cross-examined; (d) the names 

and anticipated order of the Parties who will cross-examine the witnesses; and (e) the name of 

any Party who anticipates conducting redirect examination of a witness. The Court will allocate 

up to two hours for the Qualifying Modification Hearing. Parties are not required to exhaust the 

entire 2 hours allotted. 

6. Courtroom Procedures. All persons granted remote access to the Hearings

are reminded of the general prohibition against photographing, recording, and rebroadcasting of 

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court proceedings. Violation of this prohibition may result in sanctions, including removal of 

court issued media credentials, restricted entry to future hearings, denial of entry to future 

hearings, or any other sanctions deemed necessary by the Court. The formalities of a courtroom 

must be observed. When appearing by Zoom, each counsel or pro se party must be situated in 

such a manner as to be able to view the video screen and be seen by the Court. Each Party is 

strongly encouraged to utilize a headset to optimize audio quality and reduce background noise. 

Each Party’s camera must be turned on when addressing the Court or examining a Remote 

Witness. No Party is permitted to join the Zoom proceeding by phone. Those appearing by 

Zoom may be removed from the virtual courtroom if they do not comply with this Order. During 

the Hearings, individuals who are registered to participate via Zoom are directed to observe the 

following rules:

a. The following naming conventions must be used by Zoom participants for 

admission to the Zoom virtual courtroom.6 For example: 

i. Attorney participants: [Party Represented (abbreviations may be 

used)] / [Last Name of Attorney, First Name of Attorney] / [Law 

Firm/Government Office].

a. PARTY A / Doe, John / ABC Law Firm, or

b. XYZ Agency/ Doe, Jane / Office of the ABC Government

ii. Pro se participants: Pro se / [Last Name, First Name].

a. For example: Pro se / Doe, Jane

iii. Remote Witnesses: Witness / [Last Name, First Name].

a. For example, Witness / Doe, John (PhD)

b. Identify yourself if asked to do so.

6 Parties must change their Zoom Screen Name before entering the waiting room.

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c. Identify yourself by name each time you speak.

d. Mute yourself when you are not speaking to eliminate background noise. 

e. Turn off your video unless you are speaking or otherwise directly involved 

in the argument or examination, unless the Court directs otherwise.

SO ORDERED.

Dated: December 7, 2022

 /s/ Laura Taylor Swain

LAURA TAYLOR SWAIN

United States District Judge

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