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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.

PROMESA

Title III

No. 17 BK 3283-LTS

(Jointly Administered)

In re:

THE FINANCIAL OVERSIGHT AND

MANAGEMENT BOARD FOR PUERTO RICO,

as representative of

THE PUERTO RICO HIGHWAYS AND 

TRANSPORTATION AUTHORITY,

Debtor.

PROMESA

Title III

No. 17 BK 3567-LTS

THE PUERTO RICO FISCAL AGENCY AND FINANCIAL ADVISORY 

AUTHORITY’S NOTICE OF INTENTION TO CROSS-EXAMINE WITNESSES IN 

CONNECTION WITH THE FOURTH AMENDED TITLE III PLAN OF ADJUSTMENT 

OF THE PUERTO RICO HIGHWAYS AND TRANSPORTATION AUTHORITY

To the Honorable United States District Judge Laura Taylor Swain:

The Puerto Rico Fiscal Agency and Financial Advisory Authority (“AAFAF”), pursuant 

to the Order Setting Deadline To Provide Notice Of Intention To Cross-Examine Witnesses In 

Connection With Hearing On Confirmation Of HTA Plan Of Adjustment (the “Order”) (Case No. 

17-03567, ECF No. 1364), hereby provides notice (the “Notice”) of its intent, subject to paragraph 

6 herein, to cross-examine David A. Skeel, Jr. and David Brownstein in connection with the 

Financial Oversight and Management Board for Puerto Rico’s (the “Oversight Board”)’s request 

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for confirmation of the Puerto Rico Highways and Transportation Authority’s (“HTA”)’s Fourth 

Amended Title III Plan of Adjustment of the Puerto Rico Highways and Transportation Authority

(as have been amended, the “HTA Plan”) (Case No. 17-03567, ECF No. 1350).

BACKGROUND

1. On June 22, 2022, the Court entered the Order Establishing, Among Other Things, 

Procedures And Deadlines Concerning Objections To Confirmation And Discovery In Connection 

Therewith (the “HTA Plan Scheduling Order”) directing that the deadline to submit objections to 

the confirmation of the HTA Plan was July 27, 2022 (the “HTA Plan Objection Deadline”). See, 

HTA Plan Scheduling Order at p. 4.

2. On July 27, 2022, AAFAF timely sought to extend the HTA Plan Objection 

Deadline to July 28, 2022 (Case No. 17-03567, ECF No. 1297). The Court granted AAFAF’s 

request (Case No. 17-03567, ECF No. 1311) and, on July 28, 2022, AAFAF timely submitted its 

Limited Objection To Section 2.4 Of The Third Amended Title III Plan Of Adjustment Of The 

Puerto Rico Highways And Transportation Authority (the “Limited Objection”) (Case No. 17-

03567, ECF No. 1318). As AAFAF noted therein, it has worked with the Oversight Board to reach 

a consensual resolution of the Limited Objection.

3. On August 8, 2022, the Court entered the Order, directing as follows:

“If any party that has timely filed an objection to or statement in support of confirmation 

of the HTA Plan wishes to cross-examine any declarant, the Party must file a notice by 

10:00 a.m. (Atlantic Standard Time) on August 12, 2022 indicating (a) the witness(es) to 

be examined, (b) the factual issue(s) to which the proposed cross-examination relates, and 

(c) the time requested for such examination(s).” 

See, Order at p. 2.

4. On July 27, 2022, the Oversight Board submitted its Final List Of Witnesses To Be 

Offered In Support Of Confirmation Of Plan Of Adjustment (the “Final List of Witnesses”) wherein 

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it disclosed that it intended to call, among other individuals, Mr. Skeel and Mr. Brownstein to 

provide testimony in support of confirmation of the HTA Plan (Case No. 17-03567, ECF No. 

1305). 

5. In compliance with the Order, through this Notice, AAFAF informs that it reserves 

the right to cross examine (a) Mr. Skeel and Mr. Brownstein; (b) on topics related to the matters 

set forth in the Limited Objection regarding consolidation of transportation-related functions 

among and between HTA and non-debtor governmental entities; and (c) for up to (ten) 10 minutes, 

respectively for each witness, for a total of up to twenty (20) minutes.

6. Notwithstanding the foregoing, AAFAF represents that it and the Oversight Board 

continue working closely on an agreement to resolve the Limited Objection. Upon execution of an

agreement, AAFAF will withdraw this Notice and the Limited Objection.

WHEREFORE, AAFAF respectfully requests that the Court takes notice of the foregoing.

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Dated: August 12, 2022

San Juan, Puerto Rico

Respectfully submitted,

O’MELVENY & MYERS LLP

/s/ Peter Friedman

John J. Rapisardi

Peter Friedman

Maria J. DiConza

Matthew P. Kremer

(Admitted Pro Hac Vice)

7 Times Square

New York, New York 10036

Telephone: (212) 326-2000

Facsimile: (212) 326-2061

Email: jrapisardi@omm.com

pfriedman@omm.com

mdiconza@omm.com

mkremer@omm.com

Attorneys for the Puerto Rico Fiscal Agency 

and Financial Advisory Authority

MARINI PIETRANTONI MUÑIZ LLC

/s/ Luis C. Marini-Biaggi

Luis C. Marini-Biaggi

USDC No. 222301

Carolina Velaz-Rivero

USDC No. 300913

250 Ponce de León Ave., Suite 900

San Juan, Puerto Rico 00918

Telephone: (787) 705-2171

Facsimile: (787) 936-7494

Attorneys for the Puerto Rico Fiscal Agency 

and Financial Advisory Authority

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