221004 ORD RE OB MOT STRIKE REPLY.DOCX VERSION OCTOBER 4, 2022 1

UNITED STATES DISTRICT COURT

FOR THE 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

Case No. 17 BK 3283-LTS

(Jointly Administered)

ORDER CONCERNING O’NEILL & BORGES LLC’S MOTION TO STRIKE (DOCKET ENTRY NO. 22419)

The Court has received and reviewed O’Neill & Borges LLC’s Motion to Strike 

“Carlos Lamoutte’s [So-Called] Reply and Informative Motion to Place Under Judicial Notice 

Certain Adjudicative Facts Pursuant to Rule 201 of the Federal Rules of Evidence” at Docket 

Number 22320 and for Other Relief (Docket Entry No. 22419 in Case No. 17-3283)2 (the 

“Motion to Strike”), filed by O’Neill & Borges LLC (“O&B”).

The Motion to Strike requests entry of an order striking the Reply3 or, in the 

alternative, striking any reference to O&B in the Reply, as well as ordering Attorney Lamoutte to 

pay the attorney’s fees expended by O&B in drafting the Motion to Strike (see Mot. to Strike at 

10-11), due to the allegedly “defamatory pretextual contentions” and insults contained in 

Attorney Lamoutte’s filings. (See, e.g., Mot. to Strike ¶¶ 13, 15, 18.) The Court’s determination 

as to whether particular statements by Attorney Lamoutte are defamatory would be intertwined

with the underlying merits of the Motion to Disqualify O&B and Motion to Disqualify 

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-BK3283-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).

2 All docket entry references herein are to the docket of Case No. 17-3283.

3 Capitalized terms used but not defined herein have the meaning given to them in the 

Motion to Strike.

Case:17-03283-LTS Doc#:22485 Filed:10/04/22 Entered:10/04/22 16:01:55 Desc: Main

Document Page 1 of 2
221004 ORD RE OB MOT STRIKE REPLY.DOCX VERSION OCTOBER 4, 2022 2

McKinsey, each of which remains sub judice. The parties’ repeated filings concerning these 

matters, whatever their justification, hinder the timely resolution of those motions. As such, for 

reasons of judicial economy and efficient use of the parties’ resources, the Motion to Strike 

should not be addressed, if at all, until the until the Motion to Disqualify O&B and Motion to 

Disqualify McKinsey have been resolved. To the extent that the Court finds it necessary to 

evaluate the truth of the assertions in and the propriety of taking judicial notice of the facts 

alleged in the Reply, O&B will be given an opportunity to respond.

Accordingly, the Motion to Strike is hereby terminated without prejudice to 

renewal following the resolution of the Motion to Disqualify O&B and the Motion to Disqualify 

McKinsey. O&B and Attorney Lamoutte are hereby ordered to cease filing further pleadings 

concerning the Motion to Strike, the Motion to Disqualify O&B, and the Motion to Disqualify 

McKinsey, pending resolution of the Motion to Disqualify O&B and Motion to Disqualify 

McKinsey. 

This Order resolves Docket Entry No. 22419 in Case No. 17-3283.

SO ORDERED.

Dated: October 4, 2022 /s/ Laura Taylor Swain 

LAURA TAYLOR SWAIN

United States District Judge

Case:17-03283-LTS Doc#:22485 Filed:10/04/22 Entered:10/04/22 16:01:55 Desc: Main

Document Page 2 of 2