UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF PUERTO RICO

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In re

THE FINANCIAL OVERSIGHT AND 

MANAGEMENT BOARD FOR PUERTO RICO,

 as representative of

THE COMMONWEALTH OF PUERTO RICO, 

et al.,

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Debtors.

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PROMESA 

Title III

Case No. 17-BK-3283 (LTS) 

(Jointly Administered)

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In re

THE FINANCIAL OVERSIGHT AND 

MANAGEMENT BOARD FOR PUERTO RICO,

 as representative of

PUERTO RICO ELECTRIC POWER 

AUTHORITY (PREPA), 

Debtor. 

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PROMESA 

Title III

Case No. 17-BK-4780 (LTS) 

FIRST SET OF DOCUMENT REQUESTS OF CORTLAND CAPITAL MARKET 

SERVICES LLC, AS ADMINISTRATIVE AGENT,

TO FINANCIAL OVERSIGHT AND MANAGEMENT BOARD FOR PUERTO RICO 

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 The Debtors in these Title III cases, along with each Debtor’s respective Title III case number 

listed as a bankruptcy 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); and (v) Puerto Rico Electric Power Authority (Bankruptcy Case No. 17 

BK 4780-LTS) (Last Four Digits of Federal Tax ID: 3747).

Case:17-03283-LTS Doc#:22810-2 Filed:11/04/22 Entered:11/04/22 16:26:40 Desc:

Exhibit First Set of Document Requests of Cortland Capital Market Services LLC Page 1 of 6
Pursuant to Rule 2004 of the Federal Rules of Bankruptcy Procedure (collectively, the 

“Bankruptcy Rules”) and section 310 of the PROMESA, the Fuel Line Lenders hereby request 

that the Financial Oversight and Management Board for Puerto Rico respond to the following 

requests for production of documents and electronically stored information (individually, a 

“Document Request” and, collectively, the “Document Requests”) by November 10, 2022 and 

produce all responsive documents by November 14, 2022. These Document Requests are made 

without prejudice to, or waiver of, any right to further discovery at a later date. 

I. DEFINITIONS

1. “All” and “all” shall be construed as “any or all” or “each and all,” as the context 

requires, so that each Document Request shall be construed broadly, rather than narrowly, to

bring within the scope of each Document Request all responses that might otherwise be 

construed to be outside its scope. 

2. “And,” “and” and “or” shall be construed either disjunctively or conjunctively, as 

the context requires, so that each Document Request shall be construed broadly, rather than 

narrowly, to bring within the scope of each Document Request all responses that might otherwise 

be construed to be outside its scope. 

3. “Communication” means every manner of communication, disclosure or 

exchange, and every communication, disclosure or exchange, of information, whether orally or 

by document, or whether face-to-face, by telephone, telegram, mail, e-mail, personal delivery, 

electronically, facsimile, text message, or otherwise. 

4. “Document” or “documents” means documents as defined by Federal Rule of 

Civil Procedure 34. 

5. “Entity” has the meaning given to it in 11 U.S.C. § 101(15). 

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6. “Including” or “including” means including without limitation.

7. “Plan of Adjustment” means a plan of adjustment for PREPA as defined by 

PROMESA §§ 312-314. 

8. “PREPA” means the Puerto Rico Electric Power Authority and any of its 

successors, predecessors, subsidiaries, parents, affiliates, former or present agents, 

representatives or professionals and all other persons acting on their behalf, including the 

Financial Oversight and Management Board for Puerto Rico. 

9. “Relate to,” “relate to” or “relating to” means constituting, containing, 

embodying, comprising, reflecting on, identifying, stating, referring to, dealing with, 

commenting on, responding to, describing, involving, pertaining to, concerning, or evidencing. 

10. “Vitol” means Vitol S.A., Vitol, Inc., Vitol Holding Sàrl, and of their successors, 

predecessors, subsidiaries, parents, affiliates, former or present agents, representatives or 

professionals and all other persons acting on their behalf. 

11. “Vitol Appeal” means the appeal docketed under Case No. 21-1987 in the United 

States Court of Appeals for the First Circuit. 

12. “You” or “your” or any form of these words means the Financial Oversight and 

Management Board for Puerto Rico, as well as any of its successors, predecessors, subsidiaries, 

parents, affiliates, former or present agents, representatives or professionals. 

13. The use of the singular form of any word includes the plural and vice versa. The 

feminine includes the masculine and neuter genders and vice versa. The past tense includes the 

present tense where the clear meaning is not distorted by the change of tense. 

14. The name of any person or professional firm refers also to that person or 

professional firm’s successors, predecessors, subsidiaries, parents, affiliates, former or present 

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agents, representatives, employees or professionals, and all other persons or entities acting or 

purporting to act on any of their behalf.

II. INSTRUCTIONS

A. Unless otherwise specified, each Document Request calls for production of 

documents dated from January 1, 2022 to the present. 

B. These Document Requests are ongoing and continuing in nature. Any responsive 

documents received or identified by you after the date of your initial response must be produced 

pursuant to these Document Requests. 

C. If an objection to any Document Request is made, such objection must be made in 

writing and must describe in detail the legal and factual basis for such objection, and must 

identify the specific Document Request and language within such Document Request to which 

the objection is made.

D. All documents produced shall be organized and labeled to correspond with the 

requests in these Document Requests or shall be produced as they are kept in the ordinary course 

of business. 

E. All documents produced shall be produced in their entirety notwithstanding the 

fact that portions thereof may contain information not requested. All interim as well as final 

versions or drafts of the documents shall be produced, and all versions or copies that are not 

identical to the original or another produced copy, whether due to handwritten notations, 

modifications, changes, amendments, revisions, or otherwise, shall be produced. 

F. For any document or other requested information no longer in existence and for 

which there is some record of its existence or destruction, identify the document or other 

information, and state how, when, and why it passed out of existence or cannot be located. 

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G. If any of the documents or information requested is claimed to be immune from 

discovery on the grounds of privilege or other exemption, then identify the purported privilege or 

exemption claimed, state the basis for the privilege or exemption asserted, and describe the 

information alleged to be privileged in detail sufficient to determine if the privilege has been 

properly invoked, as and to the extent required by Federal Rule of Civil Procedure 26(b)(5), 

made applicable by Bankruptcy Rules 7026 and 9014. 

III. REQUESTS FOR PRODUCTION OF DOCUMENTS

Please produce the following to the offices of Wachtell, Lipton, Rosen & Katz, 51 West 

52nd Street, New York, New York 10019 or in such other manner as shall be mutually agreed: 

1. Any settlement agreement by and between PREPA or the Financial Oversight and 

Management Board for Puerto Rico, and Vitol related to the Vitol Appeal. 

2. Any agreement or understanding by and between PREPA or the Financial 

Oversight and Management Board for Puerto Rico and Vitol, in any way related to 

the terms on which Vitol would vote for or receive treatment under a Plan of 

Adjustment for PREPA. 

3. All communications between PREPA or the Financial Oversight and Management 

Board for Puerto Rico, on the one hand, and Vitol on the other hand, related to the 

subject matter of Documents Requests 1 and 2, including draft settlement 

agreements or other communications exchanged relating to PREPA dismissing the 

Vitol Appeal, or terms on which Vitol would be treated under or vote for a Plan of 

Adjustment for PREPA. 

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Dated: November , 2022

Jose L. Ramirez-Coll 

USDC-PR No. 221702 

ANTONETTI MONTALVO & RAMIREZ 

COLL

P.O. Box 13128 

San Juan, Puerto Rico 00908 

Telephone: (787) 977-0303 

Facsimile: (787) 977-0323 

Email: jramirez@amrclaw.com

 

Richard G. Mason (admitted pro hac vice) 

Amy R. Wolf (admitted pro hac vice) 

Emil A. Kleinhaus (admitted pro hac vice) 

Angela K. Herring (admitted pro hac vice) 

Michael H. Cassel (admitted pro hac vice) 

WACHTELL, LIPTON, ROSEN & KATZ

51 West 52nd Street 

New York, New York 10019 

Telephone: (212) 403-1000 

Facsimile: (212) 403-2000 

Email: rgmason@wlrk.com 

 arwolf@wlrk.com

 eakleinhaus@wlrk.com 

 akherring@wlrk.com 

 mhcassel@wlrk.com

Attorneys for Cortland Capital Market 

Services LLC, as Administrative Agent

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