221011 ORD DENYING SUR-REPLY MOT VERSION OCTOBER 7, 2022 1

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF PUERTO RICO

ORDER DENYING MOTION FOR LEAVE TO FILE MEMORANDUM OF

LAW IN SUPPORT OF ERS INDIVIDUAL PLAINTIFFS’ OPPOSITION 

TO UBS’ MOTION TO ENFORCE THE PLAN OF ADJUSTMENT

The Court has received and reviewed the Motion for Leave to File Memorandum 

of Law in Support of ERS Individual Plaintiff’s Opposition to UBS’ Motion to Enforce the Plan 

of Adjustment (Docket Entry No. 22500 in Case No. 17-3283) (the “Motion”),2 filed by Pedro 

José Nazario Serrano, Joel Rivera Morales, María de Lourdes Gómez Pérez, Héctor Cruz 

Villanueva, Lourdes Rodríguez, and Luis M. Jordán Rivera (the “ERS Beneficiaries”). The 

ERS Beneficiaries seek leave to file a sur-reply, to address whether “a personal, direct tort action 

is exercisable by the retirees themselves against UBS, independently from the tort action the 

ERS is exercising on its own.” (Mot. ¶ 6.)3

 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 (the “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-

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 The Courts has also received and reviewed the UBS Financial Services Incorporated of 

Puerto Rico’s Motion for Leave to File Memorandum of Law in Support of ERS 

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)

Case:17-03283-LTS Doc#:22567 Filed:10/11/22 Entered:10/11/22 11:33:38 Desc: Main

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221011 ORD DENYING SUR-REPLY MOT VERSION OCTOBER 7, 2022 2

The ERS Beneficiaries have submitted four filings in connection with the UBS 

Financial Services Incorporated of Puerto Rico’s Motion to Enforce the Plan of Adjustment and 

for Related Injunctive Relief (Docket Entry No. 21651)(the “Motion to Enforce the Plan”): the 

Motion to Stay Consideration of: UBS Financial Services Incorporated of Puerto Rico’s Motion 

to Enforce the Plan of Adjustment and for Related Injunctive Relief (Docket Entry No. 21808); 

the Reply to Opposition to Motion to Stay and (2) Opposition to Motion to Enforce the Plan of 

Adjustment (Docket Entry No. 22175); the Brief Reply To: Official Committee of Unsecured 

Creditors Limited Response in Support of UBS Financial Services Incorporated of Puerto Rico’s 

Motion to Enforce the Plan of Adjustment [Docket No. 22186] and to Joinder of the Avoidance 

Actions Trustee to Official Committee of Unsecured Creditors Limited Response in Support of 

UBS Financial Services Incorporated of Puerto Rico’s Motion to Enforce the Plan of Adjustment 

[Docket No. 22187] (Docket Entry No. 22199); and the Brief Sur-Reply to: UBS Financial 

Services Incorporated of Puerto Rico’s Reply in Further Support of its Motion to Enforce the 

Plan of Adjustment and for Related Injunctive Relief (Docket Entry No. 22294). The Court also 

heard oral argument in connection with the Motion to Enforce the Plan, which remains sub

judice, at the September Omnibus Hearing held September 21, 2022, wherein the Court took the 

motion on submission. (See September 28, 2022, Hr’g Tr. 101: 16-18.)

Generally, a sur-reply may be permitted if it is needed to allow a party to address 

new arguments raised for the first time in a reply brief. See Animal Welfare Institute v. Martin, 

588 F. Supp. 2d 70, 81 (D. Me. 2008) (“A surreply is appropriate where a party has not had the 

opportunity to contest matters introduced for the first time in the opposing party’s reply.”). Here, 

the ERS Beneficiaries have already filed an unauthorized sur-reply in support of their opposition 

to the Motion to Enforce the Plan. See Docket Entry No. 22294. Additionally, the subject of 

the second sur-reply—providing legal support for the existence of an independent claim that 

would entitle the ERS Beneficiaries to compensation for damages—has been thoroughly 

addressed in prior briefing. Thus, the ERS Beneficiaries have failed to identify a new argument 

that warrants post-argument briefing. Accordingly, the Motion is denied.

This Order resolves Docket Entry No. 22500 in Case No. 17-3283.

SO ORDERED.

Dated: October 11, 2022

 /s/ Laura Taylor Swain 

LAURA TAYLOR SWAIN

United States District Judge

 

Individual Plaintiff’s Opposition to UBS’ Motion to Enforce the Plan of Adjustment

(Docket Entry No. 22533 in Case No. 17-3283) (the “UBS Opposition”).

Case:17-03283-LTS Doc#:22567 Filed:10/11/22 Entered:10/11/22 11:33:38 Desc: Main

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