230113 ORD RE MSJ ORAL ARGUMENT VERSION JANUARY 13, 2023 1

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)

In re:

THE FINANCIAL OVERSIGHT AND MANAGEMENT 

BOARD FOR PUERTO RICO,

as representative of

PUERTO RICO ELECTRIC POWER AUTHORITY, 

Debtor.

No. 17 BK 4780-LTS

In re:

THE FINANCIAL OVERSIGHT AND MANAGEMENT 

BOARD FOR PUERTO RICO,

as representative of

PUERTO RICO POWER ELECTRIC AUTHORITY,

Plaintiff/Counterclaim-Defendant,

Adv. Proc. No. 19-00391-LTS

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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230113 ORD RE MSJ ORAL ARGUMENT VERSION JANUARY 13, 2023 2

PUERTO RICO FISCAL AGENCY AND FINANCIAL 

ADVISORY AUTHORITY, THE OFFICIAL COMMITTEE 

OF UNSECURED CREDITORS OF ALL TITLE III 

DEBTORS, CORTLAND CAPITAL MARKET SERVICES, 

SOLA LTD., SOLUS OPPORTUNITIES FUND 5 LP, 

ULTRA MASTER LTD, ULTRA NB LLC, UNION DE 

TRABAJADORES DE LA INDUSTRIA ELECTRICA Y 

RIEGO INC., AND SISTEMA DE RETIRO DE LOS 

EMPLEADOS DE LA AUTORIDAD DE ENERGIA 

ELECTICA,

Intervenor-Plaintiffs,

-vU.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE,

Defendant/Counterclaim-Plaintiff,

THE AD HOC GROUP OF PREPA BONDHOLDERS, 

ASSURED GUARANTY CORP., ASSURED GUARANTY 

MUNICIPAL CORP., NATIONAL PUBLIC FINANCE 

GUARANTEE CORPORATION, AND SYNCORA 

GUARANTEE, INC., 

Intervenor-Defendants/Counterclaim-Plaintiffs.

ORDER REGARDING ORAL ARGUMENT ON MOTIONS FOR SUMMARY JUDGMENT

The Court will hear oral argument on the Notice of Motion and Motion of the 

Financial Oversight and Management Board of Puerto Rico, as Title III Representative of the 

Puerto Rico Electric Power Authority, for Summary Judgment Pursuant to Bankruptcy 

Rule 7056 (Docket Entry No. 62 in Adv. Proc. No. 19-00391) and the Memorandum in Support 

of Defendant/Counterclaim-Plaintiff’s and Intervenor-Defendants/Counterclaim-Plaintiffs’ 

Motion for Summary Judgment Against Plaintiffs/Counterclaim-Defendants (Docket Entry 

No. 67 in Adv. Proc. No. 19-00391)2 (together, the “Motions”) at the omnibus hearing scheduled 

to begin at 9:30 a.m. (Atlantic Standard Time) (8:30 a.m. Eastern Standard Time) on 

February 1, 2023.

 

The Court will allot no more than three hours to oral argument concerning the 

Motions. The parties are directed to meet and confer prior to the January 27, 2023, deadline in 

paragraph 7 of the Order Regarding Procedures for Hearing on February 1-2, 2023, Omnibus 

Hearing (Docket Entry No. 23253 in Case No. 17-3283) to determine preliminary time 

allocations and the order of speakers for oral argument on the Motions for inclusion in the 

2 The pleading is comprised of the functional motion for summary judgment in addition to 

the memorandum of law in support thereof.

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230113 ORD RE MSJ ORAL ARGUMENT VERSION JANUARY 13, 2023 3

proposed agenda to be sent to the Court.

SO ORDERED.

Dated: January 13, 2023

 /s/ Laura Taylor Swain

LAURA TAYLOR SWAIN

United States District Judge

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