230323 ORD GRANTING MOT TO FILE AMICUS BRIEF VERSION MARCH 23, 2023 1

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF PUERTO RICO

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In re: PROMESA

Title III

THE FINANCIAL OVERSIGHT AND

MANAGEMENT BOARD FOR PUERTO RICO,

as representative of No. 17 BK 3283-LTS

THE COMMONWEALTH OF PUERTO RICO (Jointly Administered)

et al.,

Debtors.1

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THE FINANCIAL OVERSIGHT AND 

MANAGEMENT BOARD FOR PUERTO RICO,

Plaintiff, Adv. Proc. No. 22-00063-LTS

-vHON. PEDRO R. PIERLUISI URRUTIA in his 

official capacity as Governor of Puerto Rico,

Defendant.

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ORDER GRANTING MOTION FOR LEAVE TO FILE AMICI CURIAE BRIEF 

CONCERNING (1) THE COURT’S ORDER TO SHOW CAUSE REGARDING DISMISSAL OF

REMAINING CLAIM; AND (2) THE MOTION REQUESTING STAY OF INJUNCTION PREVENTING 

THE ENFORCEMENT OF THE PUERTO RICO ACT NO. 41-2022 PENDING APPEAL

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).

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230323 ORD GRANTING MOT TO FILE AMICUS BRIEF VERSION MARCH 23, 2023 2

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

Brief Concerning (1) the Court’s Order to Show Cause Regarding Dismissal of Remaining 

Claim; and (2) the Motion Requesting Stay of Injunction Preventing the Enforcement of the 

Puerto Rico Act Number 41-2022 Pending Appeal (Docket Entry No. 102 in Adversary 

Proceeding No. 22-00063) (the “Motion”)2 jointly filed by the Puerto Rico Retailers Association, 

Restaurants Association of Puerto Rico, the Puerto Rico Marketing, Industry and Food 

Distribution Chamber, Puerto Rico Hotel & Tourism Association, Puerto Rico Hospital 

Association, the Puerto Rico Association of Automobile Distributors and Dealers, Asociación 

Hecho en Puerto Rico, Inc., the Puerto Rico Chamber of Commerce, the Puerto Rico 

Manufacturers Association, and the Puerto Rico Builders Association (the “Proposed Amici”).

3

 

The Proposed Amici represent that “their members have a strong interest in this case, as they are 

concerned that Act 41 imposes a host of new costs, requirements, operational burdens, and 

monetary exposures on its employer members.” (Mot. ¶ 9.) 

On October 4, 2022, the Court allowed the Proposed Amici to file one amicus

brief in connection with the Financial Oversight and Management Board for Puerto Rico’s 

Motion for Summary Judgment Pursuant to Bankruptcy Rule 7056 (Docket Entry No. 29) (the 

“Plaintiff’s Motion for Summary Judgment”), and Defendant’s Motion for Judgment on the 

Pleadings (Docket Entry No. 28) (the “Defendant’s Motion for Summary Judgment”). (See

Order Allowing Request to File Amici Curiae Brief (Docket Entry No. 41).) The Proposed

Amici subsequently filed a brief. (See Docket Entry No. 74.)

In the First Circuit, the acceptance of amicus briefs is within the sound discretion 

of the court. Strasser v. Doorley, 432 F.2d 567, 569 (1st Cir. 1970). Absent joint consent of the 

parties, a district court “should go slow in accepting, and even slower in inviting, an amicus brief 

unless, [] a party . . . has a special interest that justifies his having a say, or unless the court feels 

that existing counsel may need supplementing assistance.” Id.

The Court has previously found that the Proposed Amici have a special and 

particularized interest in the legal issues presented in the Plaintiff’s Motion for Summary 

Judgment and the Defendant’s Motion for Summary Judgement. (Order Allowing Request to 

File Amici Curiae Brief at 3.) Accordingly, the Court having found that the Proposed Amici 

have demonstrated a special and particularized interest in the Show Cause Order and the Motion 

Requesting Stay of Injunction Preventing the Enforcement of the Puerto Rico Act Number 41-

2022 Pending Appeal (Docket Entry No. 95), and that no other or further notice is required, it is 

HEREBY ORDERED THAT:

1. The Motion is granted as set forth herein;

2 Unless otherwise noted, all references herein to Docket Entry Nos. are references to 

Adversary Proceeding No. 22-00063.

3 Capitalized terms not otherwise defined herein, shall have the meaning ascribed to them 

in the Motion.

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230323 ORD GRANTING MOT TO FILE AMICUS BRIEF VERSION MARCH 23, 2023 3

2. Leave to file one brief addressing the (i) Show Cause Order; and (ii) Motion 

Requesting Stay of Injunction Preventing the Enforcement of the Puerto Rico Act 

Number 41-2022 Pending Appeal (Docket Entry No. 95), as amici curiae, is 

hereby granted; 

3. The brief shall not exceed ten (10) pages (exclusive of the cover page, tables of 

contents and authorities, signature pages, exhibits, and certificate of service);

4. The Proposed Amici shall file the brief by March 24, 2023;

5. This Order shall not be construed as providing leave to appear in Court, to 

propound discovery, or to present evidence; and

6. This Order resolves Docket Entry No. 102.

SO ORDERED.

Dated: March 23, 2023

 /s/ Laura Taylor Swain

LAURA TAYLOR SWAIN

United States District Judge

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