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

No. 17 BK 3283-LTS

(Jointly Administered)

EMPRESAS OMAJEDE INC.

v.

THE FINANCIAL OVERSIGHT AND

MANAGEMENT BOARD FOR PUERTO RICO,

as representative of

THE COMMONWEALTH OF PUERTO RICO, 

Debtor.

PROMESA Title III

This filing relates only to the 

Commonwealth and shall only be 

filed in Case No. 17-3283. 

Re: ECF No. 23468

URGENT MOTION FOR EXTENSION OF DEADLINES REGARDING 

EMPRESAS OMAJEDE’S MOTION FOR ALLOWANCE AND PAYMENT OF 

ADMINISTRATIVE EXPENSE CLAIM

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”, 

and together with the Commonwealth, COFINA, HTA, ERS, and PREPA, the “Debtors”) (Bankruptcy Case No. 

19-BK-5532-LTS) (Last Four Digits of Federal Tax ID: 3801) (Title III case numbers are listed as Bankruptcy Case 

numbers due to software limitations).

Case:17-03283-LTS Doc#:23539 Filed:02/15/23 Entered:02/15/23 16:32:03 Desc: Main

Document Page 1 of 9
2

To the Honorable United States District Court Judge Laura Taylor Swain:

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 sole Title III representative of the Commonwealth pursuant to Section 315(b) of the 

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

submits this urgent motion for an entry of an order (the “Urgent Motion”), substantially in the form 

attached hereto as Exhibit A (the “Proposed Order”), extending the deadlines in the Order 

Granting Urgent Unopposed Motion for Extension of Deadlines Regarding Empresas Omajede’s

Motion for Allowance and Payment of Administrative Expense Claim [ECF No. 23468] (the 

“Scheduling Order”). Counsel for the Oversight Board and the Commonwealth has reached out 

to counsel for Empresas by email and phone on February 9, February 10, February 13, February 

14, and February 15, 2023 to determine Empresas’ position on this motion, but as of this filing, 

has not received a response. In support of the Urgent Motion, the Commonwealth states as 

follows: 

REQUEST FOR RELIEF

1. On January 18, 2023, Empresas Omajede Inc. (“Movant”) filed Empresas 

Omajede’s Motion for Allowance and Payment of Administrative Expense Claim Pursuant to 11 

U.S.C. § 503 [ECF No. 23272] (the “Motion”), seeking payment of certain asserted administrative 

expenses, as described further in the Motion.

2. On January 19, 2023, the Court entered an order setting deadlines for responsive 

papers and reply papers [ECF No. 23279]. On February 2, 2023, the Court entered the 

2 PROMESA is codified at 48 U.S.C. §§ 2101–2241. 

Case:17-03283-LTS Doc#:23539 Filed:02/15/23 Entered:02/15/23 16:32:03 Desc: Main

Document Page 2 of 9
3

Scheduling Order, extending these deadlines. Pursuant to the Scheduling Order, the deadline to 

file (i) responsive papers to the Motion is February 15, 2023 at 5:00 p.m. (Atlantic Standard Time) 

(the “Response Deadline”) and (ii) the Movant’s reply papers is February 22, 2023 at 5:00 p.m. 

(Atlantic Standard Time) (the “Reply Deadline”). The Motion will thereafter be taken under 

submission, unless the Court determines a hearing is necessary. 

3. The Commonwealth is currently analyzing its books and records, together with 

information provided by Empresas in connection with the claims reconciliation process, in an 

attempt to reconcile the assertions in the Motion. Accordingly, in order to permit the 

Commonwealth to complete its assessment, the Commonwealth respectfully requests an extension 

of the (a) Response Deadline from February 15, 2023 to March 8, 2023 at 5:00 p.m. (Atlantic 

Standard Time), and (b) Reply Deadline from February 22, 2023 to March 15, 2023 at 5:00 p.m. 

(Atlantic Standard Time). 

4. Counsel for the Oversight Board and the Commonwealth has tried on multiple 

occasions to contact counsel for Empresas. Specifically, counsel for the Oversight Board and the 

Commonwealth reached out to counsel for Empresas by email and phone on February 9, February 

10, February 13, February 14, and February 15, 2023 to determine Empresas’ position on this 

motion. As of this filing, however, counsel for the Oversight Board and the Commonwealth has 

not received a response.

5. Pursuant to Paragraph I.H of the Sixteenth Amended Notice, Case Management and 

Administrative Procedures [EF No. 20190-1] (the “Case Management Procedures”), the Oversight

Board hereby certifies that it has carefully examined the matter and concluded that there is a true 

need for an urgent motion; it has not created the urgency through any lack of due diligence; has 

made a bona fide effort to resolve the matter; and has attempted to make reasonable, good-faith 

Case:17-03283-LTS Doc#:23539 Filed:02/15/23 Entered:02/15/23 16:32:03 Desc: Main

Document Page 3 of 9
4

communications in an effort to resolve or narrow the issues being brought to the Court, including 

by email and phone on February 9, February 10, February 13, February 14, and February 15, 2023,

but has not received a response.

NOTICE

6. The Oversight Board has provided notice of this Urgent Motion in accordance with 

the Case Management Procedures to the following parties: (a) the Office of the United States 

Trustee for the District of Puerto Rico; (b) the entities on the list of creditors holding the 20 largest 

unsecured claims against COFINA; (c) counsel to the statutory committee appointed in these Title 

III cases; (d) the Office of the United States Attorney for the District of Puerto Rico; (e) counsel 

to the Oversight Board and AAFAF; (f) all parties filing a notice of appearance in these Title III 

cases; and (g) Movant. A copy of the motion is also available at 

https://cases.ra.kroll.com/puertorico. 

WHEREFORE the Oversight Board requests the Court enter the Proposed Order and 

grant such other relief as is deemed just and proper. 

Dated: February 15, 2023 Respectfully submitted,

San Juan, Puerto Rico

PROSKAUER ROSE LLP

/s/ Brian S. Rosen

Martin J. Bienenstock (pro hac vice) 

Brian S. Rosen (pro hac vice) 

Eleven Times Square 

New York, NY 10036 

Tel: (212) 969-3000 

Fax: (212) 969-2900 

O’NEILL & BORGES LLC

Case:17-03283-LTS Doc#:23539 Filed:02/15/23 Entered:02/15/23 16:32:03 Desc: Main

Document Page 4 of 9
5

/s/ Hermann D. Bauer

Hermann D. Bauer

USDC No. 215205

Carla García-Benítez

USDC No. 203708

Gabriel A. Miranda

USDC No. 306704

250 Muñoz Rivera Ave., Suite 800

San Juan, PR 00918-1813

Tel: (787) 764-8181

Fax: (787) 753-8944

Attorneys for the Financial Oversight 

and Management Board as 

representative for the Commonwealth 

of Puerto Rico

Case:17-03283-LTS Doc#:23539 Filed:02/15/23 Entered:02/15/23 16:32:03 Desc: Main

Document Page 5 of 9
6

CERTIFICATE OF SERVICE

I hereby certify that, on this same date, I electronically filed the foregoing with the Clerk 

of the Court using the CM/ECF system, which will send notifications of such filing to all CM/ECF 

participants in this case. 

/s/ Hermann D. Bauer

Hermann D. Bauer

Case:17-03283-LTS Doc#:23539 Filed:02/15/23 Entered:02/15/23 16:32:03 Desc: Main

Document Page 6 of 9
EXHIBIT A

Proposed Order

Case:17-03283-LTS Doc#:23539 Filed:02/15/23 Entered:02/15/23 16:32:03 Desc: Main

Document Page 7 of 9
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

No. 17 BK 3283-LTS

(Jointly Administered)

EMPRESAS OMAJEDE INC.

v.

THE FINANCIAL OVERSIGHT AND

MANAGEMENT BOARD FOR PUERTO RICO,

as representative of

THE COMMONWEALTH OF PUERTO RICO, 

Debtor.

PROMESA Title III

This filing relates only to the 

Commonwealth and shall only be 

filed in Case No. 17-3283. 

Re: ECF No. 23468

ORDER GRANTING URGENT MOTION FOR EXTENSION OF DEADLINES 

REGARDING EMPRESAS OMAJEDE’S MOTION FOR ALLOWANCE AND 

PAYMENT OF ADMINISTRATIVE EXPENSE CLAIM

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”, 

and together with the Commonwealth, COFINA, HTA, ERS, and PREPA, the “Debtors”) (Bankruptcy Case No. 

19-BK-5532-LTS) (Last Four Digits of Federal Tax ID: 3801) (Title III case numbers are listed as Bankruptcy Case 

numbers due to software limitations).

Case:17-03283-LTS Doc#:23539 Filed:02/15/23 Entered:02/15/23 16:32:03 Desc: Main

Document Page 8 of 9
2

Upon consideration of the Urgent Motion for Extension of Deadlines Regarding Empresas 

Omajede’s Motion for Allowance and Payment of Administrative Expense Claim (Docket Entry 

No. ___ in Case No 17-3283, the “Urgent Motion”);2 and the Court having found it has subjectmatter jurisdiction over this matter pursuant to PROMESA section 306(a); and it appears that 

venue in this district is proper pursuant to PROMESA section 307(a); and the Court having found 

the Oversight Board provided adequate and appropriate notice of the Urgent Motion under the 

circumstances and no other or further notice is required; and upon the record herein, after due 

deliberation thereon, the Court having found good and sufficient cause exists for the granting of 

the relief as set forth herein: 

1. The Urgent Motion is GRANTED as set forth herein. 

2. The Scheduling Order shall be modified as provided herein.

3. The following briefing schedule shall apply:

a. The deadline for parties to file responsive papers to the Motion shall be March 

8, 2023 at 5:00 p.m. (Atlantic Standard Time).

b. The deadline for the Movant to file a reply to all oppositions and responses shall 

be March 15, 2023 at 5:00 p.m. (Atlantic Standard Time).

4. The Court will thereafter take the Motion on submission.

5. The Court shall retain jurisdiction to hear and determine all matters arising from the 

implementation of this Order. 

SO ORDERED:

Dated: [ ], 2023

HONORABLE LAURA TAYLOR SWAIN

United States District Judge

2 Capitalized terms not otherwise defined herein shall have the meanings given to them in the Urgent Motion.

Case:17-03283-LTS Doc#:23539 Filed:02/15/23 Entered:02/15/23 16:32:03 Desc: Main

Document Page 9 of 9