UNITED STATES DISTRICT COURT

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 

Re: ECF Nos. 18532, 23356

(Jointly Administered)

TWENTY-SECOND URGENT CONSENTED MOTION OF THE COMMONWEALTH 

OF PUERTO RICO FOR EXTENSION OF DEADLINES

To the Honorable United States District Judge Laura Taylor Swain:

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

as the sole Title III representative of the Commonwealth of Puerto Rico (the “Commonwealth” or 

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

Economic Stability Act (“PROMESA”), 2 respectfully submits this Twenty-Second urgent 

consented motion (the “Urgent Motion”) for entry of an order, substantially in the form attached 

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-BK3567-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-BK3566-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-5233-LTS) (Last Four Digits of Federal Tax ID: 3801) (Title III case numbers are listed 

as Bankruptcy Case numbers due to software limitations).

2

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

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hereto as Exhibit A (the “Proposed Order”), extending by thirty-five (35) days, to and including 

Thursday, April 6, 2023, the deadline to object to Creditor Josefina Guinot’s Motion to Set Aside 

Order, Informing Receipt of Resolution, and Requesting Equitable Compensation [ECF No. 

18532] (the “Motion to Set Aside”). The Commonwealth has conferred with counsel for Ms. 

Guinot, and counsel for Ms. Guinot consents to this request. 

Background

1. Ms. Guinot is a party to Case No. 2001-07-0054 (the “Litigation”), a proceeding 

before the Public Service Appellate Commission (by its Spanish acronym, “CASP”). On July 8, 

2021 and August 8, 2021, the CASP issued two resolutions in the Litigation (the “Resolutions”). 

2. On October 18, 2021, Ms. Guinot filed the Motion to Set Aside. Therein, Ms. 

Guinot asserts that the Resolutions resolved the Litigation in Ms. Guinot’s favor. Mot. to Set 

Aside at 12. Accordingly, the Motion to Set Aside requests an order (i) setting aside this Court’s 

disallowance of Ms. Guinot’s proof of claim and (ii) awarding Ms. Guinot certain monetary 

damages allegedly owed. Mot. to Set Aside at 21. 

3. On October 19, 2021, the Court entered the Order Scheduling Briefing of Creditor 

Josefina Guinot’s Motion to Set Aside Order, Informing Receipt of Resolution, and Requesting 

Equitable Compensation [ECF No. 18554] (the “Scheduling Order”). The Scheduling Order 

established November 2, 2021 at 5:00 p.m. (Atlantic Standard Time) as the deadline for the 

Commonwealth to respond to the Motion to Set Aside (the “Objection Deadline”). The Objection 

Deadline was subsequently extended to March 2, 2023. [ECF Nos. 19041, 19351, 19443, 19578, 

19728, 19967, 20188, 20338, 20483, 20610, 20858, 21147, 21372, 21538, 21804, 21981, 22308, 

22603, 22858, 23116, 23356].

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Request for Relief

4. The Commonwealth and Ms. Guinot continue to work collaboratively in order to 

gather, review, and assess information necessary to assess the Motion to Set Aside and discuss 

whether the parties may be able to reach a consensual resolution of the same. The Commonwealth

conferred with Ms. Guinot’s counsel, who consents to the requested extension in order to allow 

time for the parties to continue to discuss a potential consensual resolution of the Motion to Set 

Aside. 

5. Accordingly, the Commonwealth, with Ms. Guinot’s consent, proposes the 

following extensions of the deadlines set forth in the Scheduling Order: 

• The deadline to respond to the Motion shall be extended by thirty-five (35) days, from 

Thursday, March 2, 2023 to Thursday, April 6, 2023.

• The deadline for Ms. Guinot to file a reply to a response, if any, shall also be extended

by thirty-five (35) days, from Thursday, March 9, 2023 to Thursday, April 13, 2023.

• The Court will thereafter take the Motion to Set Aside on submission, unless the Court 

determines that a hearing is necessary.

Certification of Compliance with

Local Rule 9013-1 and the Sixteenth Amended Case Management Procedures

6. Pursuant to Paragraph I.H of the Sixteenth Amended Notice, Case Management and 

Administrative Procedures [ECF No. 20190-1] (the “Case Management Procedures”), the 

Commonwealth hereby certifies that it has carefully examined the matter and concluded that there 

is a true need for an urgent motion; it has not created the urgency through any lack of due diligence; 

it has made a bona fide effort to resolve the matter without a hearing; it has made reasonable, goodCase:17-03283-LTS Doc#:23656 Filed:03/01/23 Entered:03/01/23 14:17:58 Desc: Main

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faith communications with Ms. Guinot in an effort to resolve or narrow the issues that are being 

brought to the Court, and Ms. Guinot consents to the relief requested herein.

WHEREFORE the Commonwealth requeststhe Court enter the Proposed Order and grant 

such other and further relief as is just and proper. 

Dated: March 1, 2023 Respectfully submitted,

San Juan, Puerto Rico

/s/ Hermann D. Bauer

Hermann D. Bauer

USDC No. 215205

Carla García-Benítez

USDC No. 203708

Gabriel A. Miranda

USDC No. 306704

O’NEILL & BORGES LLC

250 Muñoz Rivera Ave., Suite 800

San Juan, PR 00918-1813

Tel: (787) 764-8181

Fax: (787) 753-8944

/s/ Brian S. Rosen

Martin J. Bienenstock (pro hac vice)

Brian S. Rosen (pro hac vice)

Laura Stafford (pro hac vice)

PROSKAUER ROSE LLP

Eleven Times Square

New York, NY 10036

Tel: (212) 969-3000

Fax: (212) 969-2900

Attorneys for the Financial 

Oversight and Management Board 

for Puerto Rico, as representative for 

the Commonwealth of Puerto Rico

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Exhibit A

Proposed Order

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UNITED STATES DISTRICT COURT

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 

Re: ECF Nos. 18532, 23356

(Jointly Administered)

ORDER GRANTING TWENTY-SECOND URGENT CONSENTED MOTION 

OF THE COMMONWEALTH OF PUERTO RICO FOR EXTENSION OF DEADLINES

Upon the Twenty-Second Urgent Consented Motion for Extension of Deadlines(the 

“Urgent Motion”);2 and the Court having found it has subject matter jurisdiction over this 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 the relief requested in the Urgent 

Motion is in the best interests of the Commonwealth and Ms. Guinot; and the Court having found 

that the Debtor provided adequate and appropriate notice of the Urgent Motion under 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-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-5233-LTS) (Last 

Four Digits of Federal Tax ID: 3801) (Title III case numbers are listed as Bankruptcy Case 

numbers due to software limitations).

2 Capitalized terms used but not otherwise defined herein have the meanings given to them 

in the Urgent Motion. 

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circumstances and that no other or further notice is required; and the Court having reviewed the

Urgent Motion; and the Court having determined that the factual bases set forth in the Urgent 

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 Urgent Motion is granted as set forth herein.

2. The deadline to respond to the Motion shall be extended by thirty-five (35) days, from

Thursday, March 2, 2023 to Thursday, April 6, 2023.

3. The deadline for Ms. Guinot to file a reply shall also be extended by thirty-five (35)

days, from Thursday, March 9, 2023 to Thursday, April 13, 2023.

4. The Court will thereafter take the Motion on submission, unless the Court determines

that a hearing is necessary.

Dated: ___________, 2023

___________________________________

HONORABLE LAURA TAYLOR SWAIN

UNITED STATES DISTRICT JUDGE

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