IN THE 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

THE PUERTO RICO ELECTRIC POWER AUTHORITY,

Debtor.

PROMESA Title III

No. 17-BK-4780-LTS

JOINT URGENT MOTION OF THE AD HOC GROUP OF PREPA BONDHOLDERS, 

ASSURED GUARANTY CORP., ASSURED GUARANTY MUNICIPAL CORP., 

SYNCORA GUARANTEE, INC., AND U.S. BANK NATIONAL ASSOCIATION AS 

PREPA BOND TRUSTEE AND THE FINANCIAL OVERSIGHT AND MANAGEMENT

BOARD FOR PUERTO RICO TO EXTEND CERTAIN CONFIRMATION DEADLINES

 

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) 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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The Ad Hoc Group of PREPA Bondholders (the “Ad Hoc Group”), U.S. Bank National 

Association in its capacity as the trustee for PREPA bonds (the “Trustee”), Assured Guaranty 

Corp. and Assured Guaranty Municipal Corp. (“Assured”), and Syncora Guarantee Inc. 

(“Syncora,” and together with the Ad Hoc Group, Assured, and the PREPA Bond Trustee, the 

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

Board”), as the sole Title III representative of the Puerto Rico Electric Power Authority (“PREPA” 

or the “Debtor”) pursuant to Section 315(b) of the Puerto Rico Oversight, Management, and 

Economic Stability Act (“PROMESA”),

2

respectfully submit this unopposed joint urgent motion 

(“Joint Urgent Motion”) requesting the entry of an order, substantially in the form annexed hereto 

as Exhibit A (the “Proposed Order”), extending certain confirmation related deadlines. 

RELIEF REQUESTED AND BASIS FOR SUCH RELIEF

1. Under the Third Amended and Restated Order Establishing, Among Other Things, 

Procedures and Deadlines Concerning Objections to Confirmation and Discovery in Connection 

Therewith [ECF No. 3565] (the “Confirmation Procedures Order”), the parties are required to file

finalized witness lists, exhibit lists, and deposition designations by June 16, 2023; counterdesignations, objections to deposition designations, or objections to exhibit lists by June 23, 2023;

and objections to counter-designations by June 30, 2023. Id. at 5.

2. The parties request that the deadlines concerning finalized witness lists, exhibit 

lists, and deposition designations, as well as counter-designations and objections be extended as 

follows: 

• Witness lists, exhibit lists, and deposition designations (currently due on June 16, 

2023): June 23, 2023. 

 

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

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• Counter-designations, objections to deposition designations, and objections to 

exhibit lists (currently due on June 23, 2023): June 30, 2023.

• Objections to counter-designations (currently due on June 30, 2023): July 7, 2023. 

3. Such extensions would not impact any other deadline in this case, including the 

pretrial conference schedule for July 12, 2023 and the confirmation hearing scheduled to 

commence on July 17, 2023.

4. The parties have also conferred regarding the contents of and process for 

exchanging exhibit lists and preparing copies of the exhibits for the Court, and propose the 

following:

• First, exhibit lists filed on June 23, 2023 shall include only the exhibits that each 

party intends to seek to pre-admit into evidence. 

• Second, by June 30, 2023, the parties must make a good faith effort to identify all 

exhibits for identification purposes. In addition, any exhibits not previously 

uploaded to ECF, whether the parties intend to seek preadmission into evidence or 

to identify solely for identification purposes, shall be filed on or before June 30, 

2023, or, if necessary, under seal with the Court according to the Court’s Case 

Management Order and the Confirmation Procedures Order.

• Third, all parties reserve their rights to supplement exhibits as necessary ahead of 

the Plan Confirmation Hearing, and should a party identify any exhibits (either for 

purposes of admission or identification) after July 7, 2023, such party will (1) 

upload such exhibits to ECF (or, if necessary, file under seal) as soon as practicable, 

and (2) undertake to provide electronic and/or hard copies of such exhibits to the 

Court in the format requested by the Court. 

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5. The parties believe that these adjustments to the process for the identification and 

filing of exhibits will be more efficient for the parties and for the Court.

6. The Oversight Board and Bondholders have requested the position of other parties 

to this proceeding and no party has expressed opposition. The Ad Hoc Committee of National 

Claims Assignees joins this Joint Urgent Motion. The Unión de Trabajadores de la Industria 

Eléctricia y Reigo Inc. (“UTIER”) and the Employees’ Retirement System of Puerto Rico Electric 

Power Authority (“PREPA ERS” or “SREAEE”) have stated their agreement to the Joint Urgent 

Motion. 

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We hereby certify that, on this same date, we electronically filed the foregoing with the clerk of 

the Court using the CM/ECF system, which will notify the attorneys of record.

Dated: San Juan, Puerto Rico

June 14, 2023

TORO COLÓN MULLET P.S.C.

/s/ Manuel Fernández-Bared

Manuel Fernández-Bared

USDC-PR No. 204,204

P.O. Box 195383

San Juan, PR 00919-5383

Tel.: (787) 751-8999

Fax: (787) 763-7760

E-mail: mfb@tcm.law

/s/ Linette Figueroa-Torres

Linette Figueroa-Torres

USDC-PR No. 227,104

E-mail: lft@tcm.law

/s/ Nayda Perez-Roman

Nayda Perez-Roman

USDC–PR No. 300,208

E-mail: nperez@tcm.law

Counsel for the Ad Hoc Group of PREPA 

Bondholders

KRAMER LEVIN 

NAFTALIS & FRANKEL LLP

/s/ Amy Caton

Amy Caton*

Thomas Moers Mayer*

Alice J. Byowitz*

1177 Avenue of the Americas

New York, New York 10036

Tel.: (212) 715-9100

Fax: (212) 715-8000

Email: acaton@kramerlevin.com

tmayer@kramerlevin.com

abyowitz@kramerlevin.com

Gary A. Orseck*

Matthew M. Madden*

2000 K Street NW, 4th Floor

Washington, DC 20006

Tel: (202) 775-4500

Fax: (202) 775-4510

Email: gorseck@kramerlevin.com

mmadden@kramerlevin.com

*Admitted Pro Hac Vice

Counsel for the Ad Hoc Group of PREPA 

Bondholders

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CASELLAS ALCOVER & BURGOS P.S.C.

By: /s/ Heriberto Burgos Pérez

Heriberto Burgos Pérez

USDC-PR No. 204,809

Ricardo F. Casellas-Sánchez

USDC-PR No. 203,114

Diana Pérez-Seda

USDC–PR No. 232,014

P.O. Box 364924

San Juan, PR 00936-4924

Tel.: (787) 756-1400

Fax: (787) 756-1401

E-mail: hburgos@cabprlaw.com 

 rcasellas@cabprlaw.com

 dperez@cabprlaw.com 

Counsel for Assured Guaranty Corp. and Assured 

Guaranty Municipal Corp.

CADWALADER, WICKERSHAM & 

TAFT LLP

By: /s/ William J. Natbony

Howard R. Hawkins, Jr.* 

Mark C. Ellenberg* 

Casey J. Servais* 

William J. Natbony*

Thomas J. Curtin*

200 Liberty Street

New York, New York 10281

Tel.: (212) 504-6000

Fax: (212) 406-6666

Email: howard.hawkins@cwt.com

 mark.ellenberg@cwt.com 

 casey.servais@cwt.com

 bill.natbony@cwt.com

 thomas.curtin@cwt.com

 

*Admitted Pro Hac Vice

Counsel for Assured Guaranty Corp. and 

Assured Guaranty Municipal Corp.

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REICHARD & ESCALERA, LLC

By: /s/ Rafael Escalara 

Rafael Escalara 

USDC-PR No. 122,609

/s/ Sylvia M. Arizmendi 

Sylvia M. Arizmendi

USDC-PR No. 210,714

/s/ Carlos R. Rivera-Ortiz 

Carlos R. Rivera-Ortiz

USDC–PR No. 303,409

255 Ponce de León Avenue

MCS Plaza, 10th Floor

San Juan, PR 00917-1913

Tel.: (787) 777-8888

Fax: (787) 765-4225

E-mail: escalara@reichardescalera.com 

 arizmendis@reichardescalera.com

 riverac@reichardescalera.com

 

Counsel for Syncora Guarantee, Inc.

QUINN EMANUEL URQUHART & 

SULLIVAN, LLP

By: /s/ Susheel Kirpalani 

Susheel Kirpalani*

Daniel Salinas

USDC-PR No. 224,006

Eric Kay*

51 Madison Avenue, 22nd Floor

New York, New York 10010-1603

Tel.: (212) 849-7000

Fax: (212) 849-7100

Email: susheelkirpalani@quinnemanuel.com

 danielsalias@quinnemanuel.com 

 erickay@quinnemanuel.com

* Admitted Pro Hac Vice

Counsel for Syncora Guarantee, Inc.

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RIVERA, TULLA & FERRER LLC

/s/ Eric A. Tulla

Eric A. Tulla

USDC-DPR No. 118313

Email: etulla@riveratulla.com

Rivera Tulla & Ferrer Building

50 Quisqueya Street

San Juan, PR 00917-1212

Tel: (787)753-0438

Fax: (787)767-5784 

Counsel for U.S. Bank National Association, 

in its Capacity as PREPA Bond Trustee

MASLON LLP

/s/ Clark T. Whitmore

Clark T. Whitmore*

Michael C. McCarthy*

John Duffey* 

Jason M. Reed*

90 South Seventh Street, Suite 3300

Minneapolis, MN 55402

Tel.: (612) 672-8200

Fax: (612) 672-8397

Email: clark.whitmore@maslon.com

mike.mccarthy@maslon.com

john.duffey@maslon.com

jason.reed@maslon.com

* Admitted Pro Hac Vice

Counsel for U.S. Bank National 

Association, in its Capacity as PREPA 

Bond Trustee

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PROSKAUER ROSE LLP

/s/ Margaret A. Dale

Martin J. Bienenstock 

Ehud Barak

Margaret A. Dale

Jeffrey W. Levitan 

Michael T. Mervis

Daniel S. Desatnik

Elliot R. Stevens

(Admitted Pro Hac Vice)

PROSKAUER ROSE LLP

Eleven Times Square

New York, NY 10036

Tel: (212) 969-3000

Fax: (212) 969-2900

Steven O. Weise

(Admitted Pro Hac Vice)

PROSKAUER ROSE LLP

2029 Century Park East, Suite 2400

Los Angeles, CA 90067

Tel: (310) 557-2900

Fax: (310) 557-2193

Paul V. Possinger

(Admitted Pro Hac Vice)

PROSKAUER ROSE LLP

70 West Madison, Suite 3800 

Chicago, IL 60602

Tel: (312) 962-3550

Fax: (312) 962-3551

Jared M. DuBosar

(Admitted Pro Hac Vice)

PROSKAUER ROSE LLP

2255 Glades Road, Suite 421 Atrium

Boca Raton, FL 33431

Tel: (561) 241-7400 

Fax: (561) 241-7145

Attorneys for the Financial 

Oversight and Management Board 

as sole Title III representative for PREPA

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EXHIBIT A 

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IN THE 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.3

PROMESA Title III

No. 17-BK-3283-LTS

(Jointly Administered)

In re:

THE FINANCIAL OVERSIGHT AND MANAGEMENT 

BOARD FOR PUERTO RICO,

as representative of

THE PUERTO RICO ELECTRIC POWER AUTHORITY,

Debtor.

PROMESA Title III

No. 17-BK-4780-LTS

ORDER GRANTING JOINT URGENT MOTION OF THE AD HOC GROUP OF 

PREPA BONDHOLDERS, ASSURED GUARANTY CORP., ASSURED GUARANTY

MUNICIPAL CORP., SYNCORA GUARANTEE, INC., AND U.S. BANK NATIONAL 

ASSOCIATION AS PREPA BOND TRUSTEE AND THE FINANCIAL OVERSIGHT 

AND MANAGEMENT BOARD FOR PUERTO RICO TO EXTEND OF CERTAIN

CONFIRMATION DEADLINES

 

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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1

Upon consideration of the Joint Urgent Motion of the Ad Hoc Group of PREPA 

Bondholders, Assured Guaranty Corp., Assured Guaranty Municipal Corp., Syncora Guarantee 

Inc., and U.S. Bank National Associations as PREPA Bond Trustee, and the Financial Oversight 

and Management Board to Extend Certain Confirmation Deadlines (Docket Entry No. _____ in 

Case No. 17-bk-3238) (the “Joint Urgent Motion”) and the relief requested and basis for such 

relief set forth in the Joint Urgent Motion, the Court hereby finds that good and sufficient cause 

exists for granting of the Bondholders’ requested relief.

Accordingly, it is hereby ORDERED THAT:

7. The Joint Urgent Motion is GRANTED as set forth herein. 

8. The deadline by which all parties must file finalized witness lists, exhibit lists, and 

depositions designations is hereby extended from June 16, 2023 to June 23, 2023. 

a. The exhibit lists filed on June 23, 2023 shall include only the exhibits that each 

party intends to seek to pre-admit into evidence. 

b. By June 30, 2023, the parties must make a good faith effort to identify all exhibits 

for identification purposes. In addition, any exhibits not previously uploaded to 

ECF, whether the parties intend to seek preadmission into evidence or to identify 

solely for identification purposes, shall be filed on or before June 30, 2023, or, if 

necessary, under seal with the Court according to the Court’s Case Management 

Order and the Confirmation Procedures Order. 

c. Any exhibits identified after July 7, 2023 must be provided to the Court by the 

identifying party in the format requested by the Court. 

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2

9. The deadline by which all parties must file counter-designations, objections to deposition 

designations, or objections to exhibit lists is hereby extended from June 23, 2023 to June 

30, 2023.

10. The deadline by which all parties must file any objections to counter-designations is hereby 

extended from June 30, 2023 to July 7, 2023. 

SO ORDERED 

Dated: June _____, 2023

 San Juan, Puerto Rico

 ___________________________________

HONORABLE LAURA TAYLOR SWAIN

United States District Judge

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