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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, THE

EMPLOYEE RETIREMENT SYSTEM OF THE

GOVERNMENT OF THE COMMONWEALTH OF

PUERTO RICO, AND THE PUERTO RICO PUBLIC

BUILDINGS AUTHORITY,

Debtors.1

PROMESA 

Title III 

No. 17 BK 3283-LTS 

(Jointly Administered) 

JOINT URGENT MOTION TO PROPOSE ORDER ON BRIEFING SCHEDULE

CONCERNING

TEACHERS’ ASSOCIATIONS’ MOTION FOR STAY PENDING APPEAL REGARDING: 

ORDER AND JUDGMENT CONFIRMING MODIFIED EIGHTH AMENDED TITLE III 

JOINT PLAN OF ADJUSTMENT OF THE COMMONWEALTH OF PUERTO RICO, THE 

EMPLOYEES RETIREMENT SYSTEM OF THE GOVERNMENT OF THE 

COMMONWEALTH OF PUERTO RICO, AND THE PUERTO RICO PUBLIC BUILDINGS 

AUTHORITY [DOCKET NO. 19813] 

[Space left blank intentionally.]

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 

(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) Employee 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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To the Honorable Laura Taylor Swain, United States District Judge:

COME NOW, Federación de Maestros de Puerto Rico, Inc., Grupo Magisterial 

Educadores(as) por la Democracia, Unidad, Cambio, Militancia y Organización Sindical, Inc., and 

Unión Nacional de Educadores y Trabajadores de la Educación, Inc., (collectively “Teachers’ 

Associations”), and the Financial Oversight and Management Board for Puerto Rico (the 

“Oversight Board”), as sole Title III representative of the Commonwealth of Puerto Rico (the 

“Commonwealth”), the Employee Retirement System of the Government of the Commonwealth 

of Puerto Rico (“ERS”), and the Puerto Rico Public Buildings Authority (“PBA,” and collectively 

with the Commonwealth and ERS, the “Debtors”), pursuant to section 315(b) of the Puerto Rico 

Oversight, Management, and Economic Stability Act (“PROMESA”), (collectively the “Parties”) 

duly represented by the undersigned counsel and respectfully state as follows: 

RELEVANT BACKGROUND

1. On January 14, 2022, pursuant to the Court’s Order [Docket No. 19734], the Oversight Board

filed the Modified Eighth Amended Title III Joint Plan of Adjustment of the Commonwealth of 

Puerto Rico, et al [Docket No. 19784] (hereafter the “Plan”). 

2. On January 18, 2022, this Court issued the Order and Judgment Confirming Modified Eighth 

Amended Title III Joint Plan of Adjustment of the Commonwealth of Puerto Rico, the 

Employees Retirement System of the Government of the Commonwealth of Puerto Rico, and 

the Puerto Rico Public Buildings Authority [Docket No. 19813] (“Confirmation Order”) and 

its Findings of Fact and Conclusions of Law in Connection with Confirmation of the Modified 

Eighth Amended Title III Joint Plan of Adjustment of the Commonwealth of Puerto Rico, the 

Employees Retirement System of the Government of the Commonwealth of Puerto Rico, and 

the Puerto Rico Public Buildings Authority[Docket No. 19812] (“Findings of Fact and 

Conclusions of Law”).

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3. On January 28, 2022, the Teachers’ Associations filed a Notice of Appeal with regards to the 

Confirmation Order and the Findings of Fact and Conclusions of Law. [Docket No. 19941] 

On the same date, the Parties met and conferred to discuss (i) the Teachers’ Associations 

intention to file a motion requesting a corresponding stay pending appeal, and (ii) a proposed 

briefing schedule regarding said motion. 

4. On this date, February 1, 2022, the Teachers’ Associations filed the Teachers’ Associations

Motion for Stay Pending Appeal regarding Order and Judgment Confirming Modified Eighth

amended Title III Joint Plan of Adjustment of the Commonwealth of Puerto Rico, the Employee 

Retirement System of the Government of the Commonwealth of Puerto Rico, and the Puerto 

Rico Public Buildings Authority (“Motion for Stay Pending Appeal”). [Docket -19969]

RELIEF REQUESTED

5. The Parties request that the Court adopt the following briefing schedule on the issue of the

Motion for Stay Pending Appeal: (a) Responses and Oppositions to the Motion for Stay 

Pending Appeal will be due by Wednesday, February 9, 2022; and (b) Replies will be due 

by Tuesday, February 15, 2022.

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6. Due to the intended effective date of the Plan of March 15, 2022, and the importance of the 

matters at issue, the Teachers’ Associations further request that this Court schedule a hearing 

at its earliest convenience, subject to its availability. 

2 As a result of the meet and confer the following parties informed through their respective counsels no objection to 

the briefing schedule set forth herein and reserved all rights regarding the request for stay: Suiza Dairy; Monolines 

(Assured Guaranty Corp. and Assured Guaranty Municipal Corp., National Public Finance Guarantee, Corp., Ambac 

Assurance Corporation, and Ad Hoc Group of FGIC Noteholders); Vaquería Tres Monjitas, Inc.; Asociación de 

Maestros de Puerto Rico and Asociación de Maestros de Puerto Rico – Local Sindical (AMPR); PFZ Properties, Inc.; 

DRA Collateral Monitor; QTCB Noteholder Group; Puerto Rico Fiscal Agency and Financial Advisory Authority 

(AAFAF); Ad Hoc Group of General Obligation Bondholders (GO Group); Ad Hoc Group of Constitutional 

Debtholders; Lawful Constitutional Debt Coalition (LCDC); Official Committee of Unsecured Creditors; Official 

Committee of Retired Employees of Puerto Rico; Finca Matilde, Inc. 

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7. On the other hand, the Oversight Board requests that, after briefing is complete, the Court take 

the Motion for Stay Pending Appeal on submission unless the Court believes a hearing is 

necessary. Should the Court determine a hearing is necessary, given the intended effective 

date of the Plan of March 15, 2022, the Oversight Board respectfully requests the Court set a 

hearing at its earliest convenience, subject to its availability. 

8. The Parties agree that the timing of the Motion for Stay Pending Appeal and the expected 

effective date of the Plan constitute good cause for urgent treatment of the motion.

CERTIFICATION OF COMPLIANCE

9. Pursuant to Local Rule 9013-1 and the Fourteenth Amended Notice, Case Management and 

Administrative Procedures Order, [Docket No. 15894], the Parties hereby certify that they have 

(a) carefully examined the matter and concluded that there is a true need for an urgent motion; (b) 

not created the urgency through any lack of due diligence; (c) made a bona fide effort to resolve 

the matter; (d) made reasonable, good-faith communications in an effort to resolve or narrow the 

issues that are being brought to the Court; and (e) been in contact with each other, and all Parties 

have consented to the relief requested herein. Furthermore, the undersigned certify that the 

Parties have used their best efforts to resolve the matters in controversy informally and have, 

therefore, satisfied the Court’s meet and confer requirement. 

CONCLUSION

10. In view of the foregoing, the Parties respectfully request the Court grant the urgent motion, 

and enter an order in the form attached as Exhibit “1” hereto. 

RESPECTFULLY SUBMITTED. 

In Ponce, Puerto Rico, this 1st day of February 2022.

WE HEREBY CERTIFY that on this same date we electronically filed the foregoing 

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with the Clerk of the Court using the CM/ECF system, which will send notification of such filing 

to all participants and attorneys of record. 

/s/Rolando Emmanuelli-Jiménez 

Rolando Emmanuelli-Jiménez, Esq.

USDC: 214105

/s/Jessica E. Méndez-Colberg 

Jessica E. Méndez-Colberg, Esq.

USDC: 302108

BUFETE EMMANUELLI, C.S.P.

P.O. Box 10779

Ponce, Puerto Rico 00732

Tel.: 787-848-0666

Fax: 1-787-841-1435

E-mail: rolando@emmanuelli.law

jessica@emmanuelli.law

Attorneys for the Federación de Maestros de Puerto 

Rico, Inc.; Grupo Magisterial Educadores(as) por la 

Democracia, Unidad, Cambio, Militancia y 

Organización Sindical, Inc.; Unión Nacional de 

Educadores y Trabajadores de la Educación, Inc.

[Signature block continues on the next page]

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/s/ Michael A. Firestein

Martin J. Bienenstock

Brian S. Rosen

(Admission Pro Hac Vice)

PROSKAUER ROSE LLP

Eleven Times Square

New York, NY 10036

Tel: (212) 969-3000

Fax: (212) 969-2900

Michael A. Firestein

(Admission Pro Hac Vice)

PROSKAUER ROSE LLP

2029 Century Park East

Suite 2400

Los Angeles, CA 90067

Tel: (310) 557-2900

Fax: (310) 557-2193

Timothy W. Mungovan

(Admission Pro Hac Vice)

PROSKAUER ROSE LLP

One International Place

Boston, MA 02110

Tel: (617) 526-9600

Fax: (617) 526-9899

Attorneys for the Financial Oversight and 

Management Board as representative for the Debtors

/s/ Hermann D. Bauer

Hermann D. Bauer

USDC No. 215205 

O’NEILL & BORGES LLC 

205 Muñoz Rivera Ave., Suite 800 

San Juan, PR 00918-1813 

Tel: (787) 764-1813 

Fax: (787) 753-8944 

Co-Attorney for the Financial Oversight and Management Board as representative for the 

Debtors

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Exhibit 1 – Proposed Order

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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, THE

EMPLOYEES RETIREMENT SYSTEM OF THE

GOVERNMENT OF THE COMMONWEALTH OF

PUERTO RICO, AND THE PUERTO RICO PUBLIC

BUILDINGS AUTHORITY,

Debtors.3

PROMESA 

Title III 

No. 17 BK 3283-LTS 

(Jointly Administered) 

[PROPOSED] ORDER GRANTING JOINT URGENT MOTION TO PROPOSE 

ORDER ON BRIEFING SCHEDULE

Upon consideration of the Joint Urgent Motion to Propose Briefing Schedule Order in 

Relation to Teachers’ Associations’ Motion for Stay Pending Appeal Regarding: Order And 

Judgment Confirming Modified Eighth Amended Title III Joint Plan Of Adjustment Of The 

Commonwealth Of Puerto Rico, The Employee Retirement System Of The Government Of The 

Commonwealth Of Puerto Rico, And The Puerto Rico Public Buildings Authority [Docket No. 

19813] (“Joint Motion”) and the Court having found it has subject matter jurisdiction over this 

3 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 

(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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matter pursuant to PROMESA section 306; and it appearing that venue in this district is proper 

pursuant to PROMESA section 307; and the Court having found that adequate and appropriate 

notice has been given under the circumstances and that no further notice is required; and the Court 

having determined that the factual bases set forth in the Joint Motion establish just cause for the 

relief granted herein; and after due deliberation and sufficient cause appearing therefor, it is 

HEREBY ORDERED THAT:

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

2. The deadline for Responses and Oppositions to the Teachers’ Associations’ Motion 

For Stay Pending Appeal Regarding: Order And Judgment Confirming Modified 

Eighth Amended Title III Joint Plan Of Adjustment Of The Commonwealth Of Puerto 

Rico, The Employees Retirement System Of The Government Of The Commonwealth 

Of Puerto Rico, And The Puerto Rico Public Buildings Authority (“Motion for Stay 

Pending Appeal”) shall be Wednesday, February 9, 2022, at 11:59 pm AST.

3. The deadline for Replies to any opposition in relation to the Motion for Stay Pending 

Appeal shall be Tuesday, February 15, 2022, at 11:59 pm AST.

4. The Court shall retain jurisdiction to hear and determine all matter arising from the 

implementation of this Order. 

Dated: February ____, 2022. 

__________________________________

HONORABLE LAURA TAYLOR SWAIN

 UNITED STATES DISTRICT COURT

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