Presentment Date: February 2, 2023 

Objection Deadline: February 1, 2023 at 4:00 p.m. (AST) 

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

(Jointly Administered)

This filing relates to the 

Commonwealth, ERS and HTA.

NOTICE OF PRESENTMENT OF PROPOSED ORDER GRANTING THE FIVE 

HUNDRED TWENTY-EIGHTH OMNIBUS OBJECTION (SUBSTANTIVE) OF THE 

COMMONWEALTH OF PUERTO RICO, THE EMPLOYEES RETIREMENT SYSTEM 

OF THE GOVERNMENT OF THE COMMONWEALTH OF PUERTO RICO AND THE 

PUERTO RICO HIGHWAYS AND TRANSPORTATION AUTHORITY TO 

DEFICIENT ADR CLAIMS (ECF NO. 22260) 

PLEASE TAKE NOTICE that, on January 25, 2023, the Commonwealth of Puerto Rico 

(the “Commonwealth”), the Employees Retirement System of the Government of the 

Commonwealth of Puerto Rico (“ERS”), and the Puerto Rico Highways and Transportation 

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 (“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-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-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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Authority (“HTA,” and together with the Commonwealth and ERS, the “Debtors”), by and through 

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

sole Title III representative of the Commonwealth pursuant to Section 315(b) of the Puerto Rico 

Oversight, Management, and Economic Stability Act (“PROMESA”),2 hereby submit this Notice 

of Presentment of Proposed Order Granting the Five Hundred Twenty-Eighth Omnibus Objection 

(Substantive) of Commonwealth of Puerto Rico, the Employees Retirement System of the 

Government of the Commonwealth of Puerto Rico and the Puerto Rico Highways and 

Transportation Authority to Deficient ADR Claims (this “Notice”).

PLEASE TAKE FURTHER NOTICE that, on September 16, 2022, the Debtors, by and 

through the Oversight Board, filed the Five Hundred Twenty-Eighth Omnibus Objection 

(Substantive) of Commonwealth of Puerto Rico, the Employees Retirement System of the 

Government of the Commonwealth of Puerto Rico and the Puerto Rico Highways and 

Transportation Authority to Deficient ADR Claims [ECF No. 22260] (the “Five Hundred TwentyEighth Omnibus Objection”) to the proofs of claim listed on Exhibit A thereto. 

PLEASE TAKE FURTHER NOTICE that, the Five Hundred Twenty-Eighth Omnibus

Objection was scheduled for hearing on November 2, 2022. 

PLEASE TAKE FURTHER NOTICE that, any party against whom the Five Hundred 

Twenty-Eighth Omnibus Objection was served, or any other party to the Debtors’ Title III cases

who objected to the relief sought therein, was required to file and serve a response to the Five 

Hundred Twenty-Eighth Omnibus Objection with the clerk’s office of the United States District 

Court for the District of Puerto Rico (the “Court”) by 4:00 p.m. (Atlantic Standard Time) on 

October 17, 2022 (the “Response Deadline”).

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

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PLEASE TAKE FURTHER NOTICE that, as set forth in Exhibit C to the Five Hundred 

Twenty-Eighth Omnibus Objection, if no responses were filed by the Response Deadline, the Fie 

Hundred Twenty-Eighth Omnibus Objection “will be deemed unopposed and may be granted

unless: (1) the requested relief is forbidden by law; (2) the requested relief is against public policy; 

or (3) in the opinion of the court, the interest of justice requires otherwise.” Ex. C to the Five 

Hundred Twenty-Eighth Omnibus Objection, [ECF No. 22260-4, at 3].

PLEASE TAKE FURTHER NOTICE that, according to this Court’s Sixteenth Amended 

Case Management Procedures [ECF No. 20190-1] (the “Case Management Procedures”), the 

Court may enter an order granting request for relief without a hearing upon receipt of a certificate 

of no objection (“CNO”, as defined by the Case Management Procedures). See Case Management 

Procedures, Section III, paragraph P.

PLEASE TAKE FURTHER NOTICE that, in accordance with the Case Management 

Procedures, the undersigned hereby certifies that this Notice is filed not less than forty-eight (48) 

hours after the expiration of the Response Deadline.

PLEASE TAKE FURTHER NOTICE that, pursuant to notices of withdrawal, the 

Commonwealth withdrew the Five Hundred Twenty-Eighth Omnibus Objection solely as to Proof 

of Claim Nos. 11316; 9663; 11316; 49384; 116945; and 122090 (collectively, the “Withdrawn 

Claims”). See ECF Nos. 22754 and 23036.

PLEASE TAKE FURTHER NOTICE that, the undersigned hereby certifies that counsel 

for the Oversight Board has reviewed, not less than forty-eight (48) hours after expiration of the 

Response Deadline, (i) the docket in the above-captioned case, (ii) mailings received by Kroll 

Restructuring Administration, LLC (“Kroll”), (iii) mailings received by the Oversight Board, and 

(iv) mailings received by counsel for the Official Committee of Unsecured Creditors of the 

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Commonwealth of Puerto Rico and forwarded to counsel for the Oversight Board and, to the best 

of the undersigned’s knowledge, no applicable objection, responsive pleading, or request for a 

hearing with respect to the Five Hundred Twenty-Eighth Omnibus Objection, except as it may 

related to the Withdrawn Claims, has been submitted. 

PLEASE TAKE FURTHER NOTICE that, attached hereto as Exhibit A, the 

Commonwealth hereby submits a revised Exhibit A to the Five Hundred Twenty-Eighth Omnibus 

Objection removing the Withdrawn Claims. 

PLEASE TAKE FURTHER NOTICE that, attached hereto as Exhibit B is a proposed 

order (the “Proposed Order”) granting the relief requested in the Five Hundred Twenty-Eighth 

Omnibus Objection. 

PLEASE TAKE FURTHER NOTICE that, pursuant to Paragraph III.H of the Case 

Management Procedures, “the presentment of a proposed order for administrative relief must be 

filed and served at least seven (7) calendar days before the presentment date, and Objections 

thereto must be filed and served at least one (1) calendar day before the presentment date,” and

accordingly, unless a written objection to the Proposed Order is filed with the Court by 4:00 p.m. 

(Atlantic Standard Time) on February 1, 2023, the relief requested in the Five Hundred TwentyEighth Omnibus Objection shall be deemed unopposed, and the Proposed Order may be entered 

without a further hearing. 

PLEASE TAKE FURTHER NOTICE that, copies of all documents filed in these Title 

III cases are available (a) free of charge by visiting https://cases.ra.kroll.com/puertorico or by 

calling +1 (844) 822-9231, and (b) on the Court’s website at http://www.prd.uscourts.gov, subject 

to the procedures and fees set forth therein. 

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Dated: January 25, 2023 

San Juan, Puerto Rico 

Respectfully submitted,

/s/ Brian S. Rosen 

Martin J. Bienenstock 

Brian S. Rosen

(Admitted Pro Hac Vice) 

PROSKAUER ROSE LLP

Eleven Times Square

New York, NY 10036 

Tel: (212) 969-3000 

Fax: (212) 969-2900 

Email: mbienenstock@proskauer.com 

 brosen@proskauer.com 

/s/ Ricardo Burgos Vargas 

Ricardo Burgos Vargas 

USDC núm. 218210 

A&S LEGAL STUDIO, PSC

434 Ave. Hostos 

San Juan, PR 00918 

Tel.: (787) 751-6764 

Fax: (787) 763-8260 

Attorneys for the Financial Oversight and 

Management Board for Puerto Rico, as 

representative of the Commonwealth, ERS and 

HTA

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