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)

UNOPPOSED URGENT MOTION FOR AN EXTENSION OF TIME

To the Honorable United States Magistrate Judge Judith Gail Dein:

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

and the Commonwealth of Puerto Rico (the “Commonwealth”), by and through the Oversight 

Board as the Commonwealth’s representative pursuant to section 315(b) of the Puerto Rico 

Oversight, Management, and Economic Stability Act (“PROMESA”),2the Puerto Rico Fiscal 

Agency and Financial Advisory Authority (“AAFAF” and together with the Oversight Board and 

the Commonwealth, the “Respondents”) respectfully submit this unopposed urgent motion

requesting an extension of the deadlines set forth in the Court’s December 23, 2017 Order [ECF 

 

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 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 (“PREPA”) (Bankruptcy Case No. 17 BK 4780-

LTS) (Last Four Digits of Federal Tax ID: 3747). (Title III case numbers are listed as Bankruptcy Case numbers 

due to software limitations).

2 PROMESA has been codified in 48 U.S.C. §§ 2101–2241.

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No. 2166].

Jurisdiction and Venue

The United States District Court for the District of Puerto Rico has subject matter 

jurisdiction over this matter pursuant to PROMESA § 306(a).

Venue is proper pursuant to PROMESA § 307(a).

Relief Requested

On November 28, 2017, Movants the Ad Hoc Group of General Obligation 

Bondholders, Ambac Assurance Corporation, Assured Guaranty Corp. and Assured Guaranty 

Municipal Corp., the Mutual Fund Group, and National Public Finance Guarantee Corporation 

filed an Urgent Renewed Joint Motion for Order Authorizing Rule 2004 Examination (the 

“Renewed Motion”) [ECF No. 1870] with 17 categories of documents requested in Schedule A 

thereto (the “Renewed Requests”). The Court issued an order on December 15, 2017, allowing a 

Rule 2004 examination as to the Renewed Requests, subject to limitations on use of certain 

documents and also subject to Respondents’ specific objections to individual requests [ECF No. 

2033] (the “December 15 Order”). 

On December 22, 2017, the Parties filed a Joint Report [ECF No. 2154] informing 

the Court that they reached an agreement regarding Requests 1-7, 9-11, and 13-15,3(see Joint 

Report at 1-2), but not as to Requests 8, 16, and 17 (id. at 3). The Joint Report proposed that the 

Movants file a brief in support of their position by January 5, 2018, Respondents’ file a brief in 

response by January 19, 2018, and Movants’ file a reply by January 26, 2018. On December 23, 

2017, the Court issued an Order adopting the briefing schedule proposed in the Joint Report [ECF 

No. 2166]. Movants filed their brief on January 5, 2018 [ECF No. 2223].

 

3 Movants previously informed the Court that they were no longer pursuing Request 12. See Movants’ reply brief 

in support of Renewed Joint Motion [ECF No. 1973] at 8.

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Prior to filing this motion, Respondents sought and received the consent of Movants 

for a brief extension of the time for the Respondents to file their brief and the Movants’ to file their 

reply.

The Respondents respectfully request the Court enter an order, in the form attached 

hereto as Exhibit A, extending the time for Respondents file a response to Movants’ brief to 

January 22, 2018 and extending the time for Movants to file a reply to January 29, 2018.

Certification in Compliance with the Third Amended Case Management Procedures and 

Local Rule 9013-1

Pursuant to Local Rule 9013-1 and paragraph 1.H of the Third Amended Notice, 

Case Management and Administrative Procedures [ECF No. 1512-1], Respondents hereby certify 

that they have: (a) carefully examined the matter and concluded that there is a true need for an 

urgent motion; (b) not created the urgency through any lack of due diligence; (c) made a bona fide 

effort to resolve the matter without a hearing; (d) made reasonable, good-faith communications in 

an effort to resolve or narrow the issues that are being brought to the Court; and (e) conferred with 

counsel for the Oversight Board, and no party opposes the relief requested herein.

Remainder of Page Intentionally Left Blank

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WHEREFORE, the Respondents respectfully request the Court enter the Proposed Order and 

grant such other relief as is just and proper.

Dated: January 19, 2018

Respectfully Submitted:

/s/ Timothy W. Mungovan

Martin J. Bienenstock 

Stephen L. Ratner

Timothy W. Mungovan

Paul V. Possinger 

(Admitted Pro Hac Vice)

PROSKAUER ROSE LLP

Eleven Times Square

New York, NY 10036

Tel: (212) 969-3000

Fax: (212) 969-2900

Attorneys for the Financial Oversight and 

Management Board and as representative of 

the Commonwealth

/s/ Hermann D. Bauer

Hermann D. Bauer (USDC No. 215205)

O’NEILL & BORGES LLC

250 Muñoz Rivera Ave., Suite 800

San Juan, PR 00918-1813

Tel: (787) 764-8181

Fax: (787) 753-8944

Co-Attorneys for the Financial Oversight and 

Management Board and as representative of 

the Commonwealth

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/s/ Peter Friedman 

John J. Rapisardi 

Suzzanne Uhland 

(Admitted Pro Hac Vice) 

O’MELVENY & MYERS LLP 

7 Times Square 

New York, NY 10036 

Tel: (212) 326-2000 

Fax: (212) 326-2061 

Peter Friedman 

(Admitted Pro Hac Vice) 

1625 Eye Street, NW 

Washington, DC 20006 

Tel: (202) 383-5300 

Fax: (202) 383-5414 

Elizabeth L. McKeen 

(Admitted Pro Hac Vice) 

610 Newport Center Drive 

17th Floor 

Newport Beach, California 92660 

Tel: (949) 823-6900 

Fax: (949) 823-6994 

Attorneys for the Puerto Rico Fiscal 

Agency and Financial Advisory Authority

/s/ Mohammad S. Yassin

Mohammad S. Yassin 

USDC-PR Bar No. 302909

PUERTO RICO FISCAL

AGENCY AND FINANCIAL

ADVISORY AUTHORITY

Robert Sánchez Vilella (Minillas)

Government Center

De Diego Avenue, Stop 22

San Juan, Puerto Rico 00907

Tel: (787) 722-2525

Fax: (787) 721-1443

Co-Attorney for the Puerto Rico Fiscal Agency 

and Financial Advisory Authority

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Exhibit A

Proposed Order

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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)

[PROPOSED] ORDER EXTENDING DEADLINES UNDER DECEMBER 23 ORDER

This matter is before the Court on the Unopposed Urgent Motion for an Extension of Time

(the “Extension Motion”).

2

 Taking notice that the Extension Motion is unopposed and finding 

good cause for the requested relief, the Extension Motion is ALLOWED. Respondents shall file 

their response to the Movant’s January 5, 2018 brief [ECF No. 2223] by January 22, 2018 and 

Movants shall file their reply by January 29, 2018.

SO ORDERED.

Dated: ___________, 2018

HONORABLE JUDITH GAIL DEIN

UNITED STATES MAGISTRATE JUDGE

 

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 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 (“PREPA”) (Bankruptcy Case No. 17 BK 4780-

LTS) (Last Four Digits of Federal Tax ID: 3747). Title III case numbers are listed as Bankruptcy Case numbers 

due to software limitations.

2 Capitalized terms used but not otherwise defined herein have the meanings given to them in the Extension Motion.

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