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. 18239, 18277, 18253, 

18286, 19131, 19372, 19376, 19591, 

19615

(Jointly Administered)

URGENT OMNIBUS 

CONSENTED MOTION FOR EXTENSION OF DEADLINES

To the Honorable United States District Judge Laura Taylor Swain:

The Puerto Rico Fiscal Agency and Financial Advisory Authority (“AAFAF”), on behalf

of the Commonwealth of Puerto Rico (the “Commonwealth”), pursuant to the authority granted to 

it under the Enabling Act of the Fiscal Agency and Financial Advisory Authority, Act 2-2017, 

respectfully submits this urgent omnibus consented motion (the “Urgent Motion”) for entry of an 

order, substantially in the form attached hereto as Exhibit A (the “Proposed Order”), extending 

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-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).

Case:17-03283-LTS Doc#:20021 Filed:02/03/22 Entered:02/03/22 20:04:01 Desc: Main

Document Page 1 of 6
the deadlines set forth in the Order Granting Urgent Omnibus Consented Motion for Extension of 

Deadlines (the “Omnibus Scheduling Order”)2[ECF No. 19615].

Request for Relief

1. On September 24, 2021, two (2) separate groups of employees (the “DTOP 

Movants”) of the Puerto Rico Department of Transportation & Public Works (“DTOP” for its 

initials in Spanish), an entity of the Commonwealth, filed an Urgent Motion Requesting Order for

Allowance and Immediate Payment of Administrative Expense [ECF No. 18239] (the “DTOP

Motion”), requesting that the Court enter an order (i) for the collective allowance and payment of 

$48,124,313.58, (ii) “ordering Debtor to pay such administrative expense within sixty (60) 

business days” of such order, (iii) directing the Court to direct the DTOP to continue “issuing 

payment of corresponding shortfall amounts on a monthly basis, as applicable to the individual 

claimants that continue working for the DTOP.” See, DTOP Motion at pp. 18-19.

2. On September 28, 2021, twenty (20) active employees (the “ADFAN Movants”

and together with the DTOP Movants, the “Movants”) of the Family with Children Administration 

(“ADFAN”), an entity of the Commonwealth, filed an Urgent Motion for Allowance and

Immediate Payment of Administrative Expense Pursuant to Section 503(b)(1)(A)(i) and (ii) of the 

Bankruptcy Code [ECF No. 18277] (the “ADFAN Motion” and together with the DTOP Motion, 

the “Motions”), requesting that the Court enter an order (i) for “the allowance and payment of the 

Administrative Claim submitted, collectively, in the amount of $34,243,964.57”, (ii) “ordering 

Debtor pursuant to section 503(b)(1)(A)(i)(ii) and 507(a) to pay such administrative expense 

within sixty (60) business days” of such order, (iii) and granting “such other and further relief as 

2

 The Financial Oversight and Management Board for Puerto Rico, as the Commonwealth’s representative pursuant 

to section 315(b) of the Puerto Rico Oversight, Management, and Economic Stability Act (“PROMESA”), has 

authorized AAFAF to file this Second Urgent Motion on behalf of the Commonwealth.

Case:17-03283-LTS Doc#:20021 Filed:02/03/22 Entered:02/03/22 20:04:01 Desc: Main

Document Page 2 of 6
the Court deems just and proper and granting such additional relief as this Court deems just and 

necessary.” See, ADFAN Motion at p. 17.

3. Pursuant to the Omnibus Scheduling Order, the deadline for the Commonwealth to 

separately respond to each of the Motions is February 4, 2022, and the deadline for the Movants 

to file replies, if any, to such responses is February 19, 2022. 

4. Since the entry of the Omnibus Scheduling Order, the Commonwealth has 

continued (i) evaluating the allegations of the Movants raised in the Motions and (ii) gathering 

information to properly assess which portions, if any, can be consensually resolved. This process, 

however, is still ongoing and the Commonwealth needs additional time to gather information and 

finalize its analysis. The Commonwealth reached out to Movants’ counsel who has consented to 

the requested extension. 

5. Accordingly, the Commonwealth, with Movants’ consent, proposes the following 

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

• The deadline for the Commonwealth to separately respond to the Motions shall be 

extended to February 28, 2022. 

• The deadline for Movants to file replies to the respective oppositions to the Motions, if 

any, shall be extended to March 15, 2022.

• Although the deadlines to respond to the Motions and to file replies to the respective 

oppositions, if any, will fall on the same dates, such pleadings will be addressed 

separately. 

• The Court will thereafter take the Motions on submission, unless the Court determines 

that a hearing is necessary.

Case:17-03283-LTS Doc#:20021 Filed:02/03/22 Entered:02/03/22 20:04:01 Desc: Main

Document Page 3 of 6
6. Pursuant to Paragraph I.H of the Fifteenth Amended Notice, Case Management and 

Administrative Procedures [ECF No. 17127-1] (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; 

has made a bona fide effort to resolve the matter without a hearing; has made reasonable, goodfaith communications in an effort to resolve or narrow the issues that are being brought to the 

Court, and no party opposes the relief requested herein.

Notice

7. The Commonwealth has provided notice of this motion in accordance with the Case 

Management Procedures to the following parties: (a) the Office of the United States Trustee for 

the District of Puerto Rico; (b) the indenture trustees and/or agents, as applicable, for the Debtors’ 

bonds; (c) the entities on the list of creditors holding the 20 largest unsecured claims against 

COFINA; (d) counsel to the statutory committees appointed in these Title III cases; (e) the Office 

of the United States Attorney for the District of Puerto Rico; (f) counsel to the Oversight Board; 

(g) the Puerto Rico Department of Justice; (h) all parties filing a notice of appearance in these Title 

III cases; and (i) Movants. A copy of the motion is also available on the Commonwealth’s case 

website at https://cases.primeclerk.com/puertorico/.

8. The Commonwealth submits that, in light of the nature of the relief requested, no 

other or further notice need be given. 

WHEREFORE, the Commonwealth requests the Court enter the Proposed Order and 

grant such other relief as is just and proper. 

[Remainder of page intentionally left blank]

Case:17-03283-LTS Doc#:20021 Filed:02/03/22 Entered:02/03/22 20:04:01 Desc: Main

Document Page 4 of 6
Dated: February 3, 2022

San Juan, Puerto Rico 

Respectfully submitted, 

/s/ Luis C. Marini-Biaggi

Luis C. Marini-Biaggi

USDC No. 222301 

Email: lmarini@mpmlawpr.com

/s/ Carolina Velaz-Rivero

Carolina Velaz-Rivero

USDC No. 300913

Email: cvelaz@mpmlawpr.com

MARINI PIETRANTONI MUÑIZ LLC

250 Ponce de León Ave.

Suite 900

San Juan, Puerto Rico 00918

Tel: (787) 705-2171

Fax: (787) 936-7494

Attorneys for the Puerto Rico Fiscal 

Agency and Financial Advisory Authority

Case:17-03283-LTS Doc#:20021 Filed:02/03/22 Entered:02/03/22 20:04:01 Desc: Main

Document Page 5 of 6
Exhibit A

Proposed Order

Case:17-03283-LTS Doc#:20021 Filed:02/03/22 Entered:02/03/22 20:04:01 Desc: Main

Document Page 6 of 6