230302 ORD RE R&D UST MOTION VERSION MARCH 2, 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

Case No. 17 BK 3283-LTS

(Jointly Administered)

ORDER STAYING R&D MASTER ENTERPRISES, INC.’S MOTION REQUESTING COURT ORDER

The Court has received and reviewed the Motion Requesting Court Order (Docket 

Entry No. 23651 in Case No. 17-3283)

2 (the “Motion”), filed by R&D Master Enterprises, Inc.

(“R&D”). The Motion seeks entry of an order directing the Executive Office for the United 

States Trustees to “inform the [Court of the] result of any investigation [concerning conflicts of 

interest of professionals retained by the Financial Oversight and Management Board for Puerto 

Rico or,] . . . in the alternative, if no investigation has been conducted, an [o]rder should be 

entered wherein the US Trustee[s] Office is . . . [directed to] investigate the [l]aw [f]irm of 

O’Neill & Borges for conflict[s of] interest.” (Mot. ¶ 4.)

The Court previously set a briefing schedule with respect to R&D’s Motion to 

Disqualify the Law Firm O’Neill & Borges, LLC for Unresolvable Conflicts of Interest Incurred 

in Violation of the Puerto Rico Recovery Accuracy in Disclosures Act of 2021, 48 U.S.C. 2101 et 

seq. (Docket Entry No. 23285) (the “Disqualification Motion”) and advised the parties that it 

would take the Disqualification Motion on submission. Interested parties filed objections to the 

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-BK3283-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).

2 All docket entry references herein are to the docket of Case No. 17-3283.

Case:17-03283-LTS Doc#:23667 Filed:03/02/23 Entered:03/02/23 11:43:54 Desc: Main

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230302 ORD RE R&D UST MOTION VERSION MARCH 2, 2023 2

Disqualification Motion arguing, among other things, that R&D lacks standing to prosecute the 

Disqualification Motion and that the Court lacks jurisdiction to adjudicate the Disqualification 

Motion. R&D filed a reply in support of the Disqualification Motion. Accordingly, the 

Disqualification Motion is now fully briefed and under consideration by the Court.

The objections to the Disqualification Motion raise substantial threshold issues

concerning the Court’s jurisdiction and Movant’s standing with respect to the Disqualification 

Motion. The resolution of those issues is likely to be pertinent to adjudication of the Motion. As 

such, in the exercise of its reasoned discretion and in the interests of efficiency and judicial 

economy, the Court hereby stays the Motion pending the Court’s consideration of the 

Disqualification Motion.

SO ORDERED.

Dated: March 2, 2023 /s/ Laura Taylor Swain 

LAURA TAYLOR SWAIN

United States District Judge

Case:17-03283-LTS Doc#:23667 Filed:03/02/23 Entered:03/02/23 11:43:54 Desc: Main

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