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UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF PUERTO RICO

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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

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PUERTO RICO PUBLIC FINANCE PROMESA 

CORPORATION, Title VI

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

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ORDER REGARDING PROCEDURES FOR TITLE VI

APPROVAL HEARING FOR THE PUERTO RICO PUBLIC FINANCE 

CORPORATION AND DECEMBER 14-15, 2022 OMNIBUS HEARING

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 

 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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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 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 Court will conduct the Hearings in Courtroom 3 of the United 

States District Court for the District of Puerto Rico, 150 Carlos Chardón Street, Federal 

Building, San Juan, Puerto Rico 00918-1767 (the “San Juan Courtroom”). The Hearings shall be 

governed by the following procedures. 

Registration for In-Person Attendance; CourtSolutions Participation, and Listen-In 

Facilities for Attorneys, Members of the Public and Press

1. In-Person Participation. Judge Swain will be present in the San Juan 

Courtroom. All attorneys who are scheduled to participate in a matter scheduled to be 

heard at the Hearing are expected to appear in person (either in the San Juan Courtroom 

or the New York Courtroom). Counsel who are not scheduled to present argument or examine

witnesses have the following options to access the Hearings: (i) observe in person in the San 

Juan Courtroom; (ii) observe a video feed of the Hearings in person in Courtroom 17C of the 

United States District Court for the Southern District of New York, Daniel Patrick Moynihan 

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Courthouse, 500 Pearl Street, New York, New York 10007 (the “New York Courtroom”); or 

(iii) register for a speaking line and/or listen-only CourtSolutions access line. Persons present in 

the well of either courtroom will be required to wear KN-95 or KF-94 masks except when 

speaking. Observers in the San Juan Courtroom are required to wear masks and observers in the 

New York Courtroom are encouraged to wear masks. Counsel who have entered their 

appearance in the Title III proceedings or the Title VI proceeding and intend to participate 

in or observe the Hearings in person (in the San Juan Courtroom or the New York 

Courtroom) or through the CourtSolutions platform must file an informative motion, as set 

forth in paragraph 6 below. Informative motions are due no later than December 7, 2022, at

12:00 p.m. (Atlantic Standard Time). 

2. CourtSolutions Registration. Counsel who have entered an appearance 

in the Title III proceedings or the Title VI proceeding have the option to register for a live 

participation line or listen-only line. Such counsel must register individually with 

CourtSolutions at www.court-solutions.com no later than December 7, 2022, at 12:00 p.m.

(Atlantic Standard Time) and pay the fee established by CourtSolutions.2 

3. 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.

 2 Counsel who intend to participate by CourtSolutions are advised that filing an 

informative motion in accordance with paragraph 6, does not relieve the attorney of the 

obligation to separately register on www.court-solutions.com.

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4. Live Video Feed of the Hearings. Members of the public and press who 

wish to view but not participate in the Hearings through a live video feed may do so by 

appearing in person at the United States District Court for the District of Puerto Rico, 150 Carlos 

Chardón Street, Federal Building, San Juan, Puerto Rico 00918-1767 (the “San Juan 

Courthouse”) or the United States District Court for the Southern District of New York, Daniel 

Patrick Moynihan Courthouse, 500 Pearl Street, New York, New York 10007 (the “New York 

Courthouse”). 

5. Press Room. A live video feed of the proceedings will be available for 

viewing in the press rooms in the San Juan Courthouse. Members of the press should contact 

presscredentials@prd.uscourts.gov (San Juan) regarding viewing facilities and space availability. 

Members of the press are also able to view the proceedings in the New York Courtroom or dial 

into the listen-only line. 

Party Informative Motion and Exhibit List Procedures

6. 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 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 

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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:

(a) the Party for which they intend to appear; (b) whether they intend to appear for the Qualified 

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

method of appearance for those attorney(s) who wish to participate in or observe 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 file a Pretrial Informative Motion with the Party Appearance 

Sheet, Witness Cover Sheet, and Exhibit Cover Sheet as set forth in paragraph 6. 

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.

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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,3 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.

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. 

 3 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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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. 

7. Witness Testimony. The court expects that all witnesses be available for in 

person cross-examination at the San Juan Courthouse during the Qualifying Modification

Hearing. 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. Any motions to allow a witness to provide remote testimony 

shall be due no later than December 8, 2022. 

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

in-person participation at the Qualifying Modification Hearing, (b) providing a certified 

interpreter if the witness requires translation services,

4 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 

 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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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. 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 

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

8. 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 

 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, 

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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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. 

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 

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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 forty-five minutes allotted. 

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9. Courtroom Procedures. All persons appearing in person or by telephonic 

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

rebroadcasting of 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. All individuals 

at the San Juan Courtroom and the New York Courtroom must comply with the relevant 

COVID-19 protocols (including any applicable masking and social distancing requirements), 

available at https://www.prd.uscourts.gov/covid-19-pandemic-orders-and-important-information

(San Juan Courtroom) and https://www.nysd.uscourts.gov/covid-19-coronavirus (New York 

Courtroom), respectively, and the directions of the Court.

SO ORDERED.

Dated: November 23, 2022

 /s/ Laura Taylor Swain

LAURA TAYLOR SWAIN

United States District Judge

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