230712 17TH AM CMO EX 2 VERSION JULY 12, 2023 1 

Exhibit 2 

Amended Case Management Procedures [Redline] 

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Exhibit Amended Case Management Procedures [Redline] Page 1 of 18
230712 17TH AM CMO EX 2 VERSION JULY 12, 2023 1 

UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF PUERTO RICO 

----------------------------------------------------------x 

In re: PROMESA 

 Title III 

THE FINANCIAL OVERSIGHT AND 

MANAGEMENT BOARD FOR PUERTO RICO, 

as representative of No. 17 BK 3283-LTS 

THE COMMONWEALTH OF PUERTO RICO (Jointly Administered) 

et al., 

 Debtors.1

----------------------------------------------------------x 

SIXTEENTH SEVENTEENTH AMENDED 

NOTICE, CASE MANAGEMENT AND ADMINISTRATIVE PROCEDURES 

On June 2, 2017, the Court entered an order (the “Procedures Order”): (a) incorporating the Local 

Bankruptcy Rules for the United States Bankruptcy Court for the District of Puerto Rico (the 

“Local Bankruptcy Rules”) for these Title III cases; (b) approving and implementing the notice, 

case management, and administrative procedures (collectively, the “Case Management 

Procedures”); and (c) granting certain related relief. 

Anyone may obtain a copy of the Procedures Order and any amendments thereto, as well as any 

document filed with the Court in these Title III Cases by: (a) accessing the website maintained by 

Prime Clerk LLC (the “Claims and Noticing Agent”) at https://cases.primeclerk.com/puertorico (the 

“Case Website”); (b) contacting the Claims and Noticing Agent directly at (844)-822-9231 (toll free 

for U.S. and Puerto Rico) or (646)-486-7944 (for international callers); or (c) for a nominal fee, 

accessing the PACER system through the Court’s website at www.prd.uscourts.gov. Finally, 

1

 The Debtors in these Title III cases, along with each Debtor’s respective bankruptcy 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) 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); (iv) Puerto Rico Highways 

and Transportation Authority (“HTA”) (Bankruptcy Case No. 17-BK-3567-LTS) (Last 

Four Digits of Federal Tax ID: 3808); (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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230712 17TH AM CMO EX 2 VERSION JULY 12, 2023 2 

paper copies of all pleadings filed in these Title III Cases may be available from the Court Clerk 

pursuant to the Court’s procedures and miscellaneous fee schedule of the District of Puerto Rico. 

Pursuant to the Procedures Order, all notices, motions, applications, briefs, memoranda, affidavits, 

declarations, objections, responses, replies, and other documents filed in these Title III Cases are 

subject to, and will not be deemed properly served, unless they are served in accordance with, 

these Case Management Procedures as they may be amended from time to time. 

Additionally, while the Bankruptcy Rules and the Local Bankruptcy Rules apply to these Title III 

Cases, to the extent there is a conflict between the foregoing and the Case Management Procedures, 

the Case Management Procedures govern in all respects to the extent that such variance is 

permitted by the relevant rules. 

These Sixteenth Seventeenth Amended Notice, Case Management and Administrative Procedures 

are implemented by the Court to schedule Omnibus hearing dates through January 2025. 

ALL PARTIES IN INTEREST ARE STRONGLY ENCOURAGED TO REVIEW THESE 

CASE MANAGEMENT PROCEDURES IN THEIR ENTIRETY AND CONSULT THEIR 

OWN LEGAL COUNSEL WITH RESPECT TO THE MATTERS DISCUSSED HEREIN 

PRIOR TO FILING ANY DOCUMENTS IN THESE TITLE III CASES.

Sixteenth Seventeenth Amended Case Management Procedures 

I. General Case Administration and Pleadings 

A. The Claims and Noticing Agent is authorized to establish the Case Website available 

at https://cases.primeclerk.com/puertorico, where, among other things, all pleadings, 

key dates, and information about these Title III Cases will be posted. 

B. All documents filed in these Title III Cases, including, but not limited to, all notices, 

motions, applications, other requests for relief, all briefs, memoranda, affidavits, 

declarations, and other documents filed in support of such papers seeking relief 

(collectively, the “Pleadings”), objections or responses to the Pleadings (the 

“Objections”), statements related thereto (“Statements”), and replies thereto (the 

“Replies” and together with the Pleadings, the Statements, and the Objections, the 

“Documents”) shall be filed electronically with the Court on the docket of In re 

Commonwealth of Puerto Rico, Case No. 17 BK 3283-LTS (the “Docket”), by 

registered users of the Court’s case filing system in searchable portable document 

format (“PDF”). 

C. A hearing notice (“Notice of Hearing”) shall be filed and served concurrently with all 

Pleadings and shall include the following: (i) the title of the Pleading; (ii) the parties 

upon whom any Objection to the Pleading is required to be served; (iii) the date and 

time of the applicable Objection Deadline (as defined below); (iv) the date of the 

hearing at which the Pleading shall be considered by the Court; and (v) a statement that 

the relief requested may be granted without a hearing if no Objection is timely filed 

and served in accordance with the Case Management Procedures. 

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D. The applicable Objection Deadline and hearing date shall appear on the upper right 

corner of the first page of the Notice of Hearing and on the upper right corner of the 

first page of each Pleading. The applicable hearing date shall appear on the upper right 

corner of the first page of any filed Objection. 

E. Unless prior permission has been granted, notices of motion are limited to five (5) 

pages, memoranda of law in support of motions or Objections are limited to thirty-five 

(35) pages and memoranda of law in support of Replies are limited to fifteen (15) pages. 

All memoranda shall be double-spaced, 12-point font, with 1” margins. Memoranda 

of ten (10) pages or more shall contain a table of contents and a table of authorities. 

The page(s) with the case caption shall not be counted for purposes of the foregoing 

page limits. 

F. Nothing in the Case Management Procedures shall prejudice the right of any party to 

move the Court to request relief under Bankruptcy Code section 107(b) or Bankruptcy 

Rule 9018 to protect: (i) any entity with respect to a trade secret or confidential 

research, development, or commercial information, or (ii) any person with respect to a 

scandalous or defamatory matter, or personally identifiable information, contained in a 

Document filed in these Title III Cases. 

G. If any Pleading or Objection seeks an evidentiary hearing, the evidentiary hearing 

request shall be prominently displayed on the Pleading or Objection. The Court retains 

full discretion regarding the scheduling of evidentiary hearings. 

H. Scheduling requests (other than from the Debtors) must be brought by urgent motion 

(“Urgent Motion”). All Urgent Motions must be preceded by reasonable, good-faith 

communications in an effort to resolve or narrow the issues that are being brought to the 

Court in such Urgent Motion request. All Urgent Motions shall have a certification that the 

reasonable, good-faith communications took place, and if there is knowledge that there 

will be an objection to the Urgent Motion, the anticipation of an objection shall be 

prominently disclosed in the Urgent Motion. Courtesy copies of all Urgent Motions shall 

be e-mailed to the Court at swaindprcorresp@nysd.uscourts.gov. 

I. All Pleadings, whether Urgent Motions or not, that are requesting relief, shall be 

accompanied by a proposed order. A copy of the proposed order shall be emailed to 

the Court at swaindprcorresp@nysd.uscourts.gov in Microsoft word format. 

J. All communications filed in these Title III Cases that are informative and do not request 

any relief shall be labeled as an informative motion. 

K. Counsel who have been admitted pursuant to a pro hac vice order in a Title III case 

shall be deemed admitted without further application for all adversary proceedings in 

connection with that Title III case and in all other jointly administered Title III cases. 

Notices of appearance must still be filed for each adversary proceeding. 

L. Redactions and Filing Under Seal. Any party wishing to file in redacted form and/or 

under seal any document, or any portion thereof, must make a specific request to the 

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230712 17TH AM CMO EX 2 VERSION JULY 12, 2023 4 

Court by motion explaining the particular reasons for seeking to file that information 

under seal. See 11 U.S.C. § 107; Fed. R. Bankr. P. 9018; P.R. LBR 9018-1. 

To be approved, redactions must be narrowly tailored to serve whatever purpose 

justifies them and otherwise consistent with the presumption in favor of public access 

to judicial documents. See Gitto v. Worcester Telegram & Gazette Corp. (In re Gitto 

Glob. Corp.), No. CIV.A. 05-10334-DPW, 2005 WL 1027348, at *10 (D. Mass. May 

2, 2005), aff’d, 422 F.3d 1 (1st Cir. 2005). In general, parties’ consent or the fact that 

information is subject to a confidentiality agreement between litigants is not, by itself, 

a valid basis to overcome the presumption in favor of public access to judicial 

documents. See, e.g., Togut v. Deutsche Bank AG (In re Anthracite Capital, Inc.), 492 

B.R. 162, 182 (Bankr. S.D.N.Y. 2013). 

The motion to seal must be filed electronically using the correct event in CM/ECF, 

unless otherwise authorized by the court. See P.R. LBR 9018-1(a). The motion must 

include (1) the grounds for sealing; (2) a redacted copy of the documents sought to be 

sealed with only those redactions necessary to preserve confidentiality, made in good 

faith; and (3) a proposed order that contains (i) the identity of any parties other than the 

moving party who will have access to the documents to be sealed, (ii) the duration of 

the seal, and (iii) language indicating the order is without prejudice to the rights of any 

party in interest to seek to unseal the documents or any part thereof. The movant must 

serve unredacted copies of the relevant documents on motion counterparties to the 

extent the movant is requesting that the court permit counterparties to have access to 

the sealed documents, and must provide unredacted courtesy copies of the motion to 

seal and the relevant document(s) with all proposed redactions in highlighted form to 

the chambers of Judge Swain or Judge Dein (as applicable) at 

SwainDPRCorresp@nysd.uscourts.gov or DeinDPRCorresp@mad.uscourts.gov. 

Highly Sensitive Documents or Information. To the extent any party seeks leave to file 

a document or information under seal in paper copy, rather than on the Court’s 

CM/ECF system, or to remove a previously filed document from CM/ECF, pursuant to 

the Court’s General Order, Misc. No. 21-MC-00056-GAG (D.P.R. Feb. 10, 2021) 

(Docket Entry No. 1), on the basis that it is a Highly Sensitive Document within the 

meaning of the General Order, the party should first send an email to 

SwainDPRCorresp@nysd.uscourts.gov and 

DeinDPRCorresp@mad.uscourts.gov requesting a conference with Court staff to 

discuss the logistics of filing and submitting the documents for review pursuant to the 

General Order. The standard for designating Highly Sensitive Documents is higher 

than the standard for filing a document under seal. Very few documents that are 

routinely filed under seal will be considered Highly Sensitive Documents. 

II. Service 

A. All Documents shall be served, in the manner described herein, on the following parties 

(collectively, the “Standard Parties”): 

(i) Chambers of the Honorable Laura Taylor Swain: 

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United States District Court for the Southern District of New York 

Daniel Patrick Moynihan United States Courthouse 

500 Pearl St., Suite No. 3212 

New York, New York 10007-1312 

(ii) Office of the United States Trustee for Region 21 

Edificio Ochoa, 500 Tanca Street, Suite 301 

San Juan, PR 00901-1922 

(iii) Puerto Rico Fiscal Agency and Financial Advisory Authority (AAFAF): 

Puerto Rico Fiscal Agency and Financial Advisory Authority 

Roberto Sánchez Vilella (Minillas) Government Center 

De Diego Ave. Stop 22 

San Juan, Puerto Rico 00907 

Attn: Carlos Saavedra, Esq. 

Rocío Valentin, Esq. 

E-Mail: Carlos.Saavedra@aafaf.pr.gov 

Rocio.Valentin@aafaf.pr.gov 

(iv) Counsel for AAFAF: 

O’Melveny & Myers LLP 

7 Times Square 

New York, New York 10036 

Attn: John J. Rapisardi, Esq. 

Suzzanne Uhland, Esq. 

Peter Friedman, Esq. 

Nancy A. Mitchell, Esq. 

Maria J. DiConza, Esq. 

E-Mail: jrapisardi@omm.com 

suhland@omm.com 

pfriedman@omm.com 

mitchelln@omm.com 

mdiconza@omm.com 

Marini Pietrantoni Muñiz LLC 

250 Ponce de Leon Ave. 

Suite 900 

San Juan, PR 00918 

Attn: Luis C. Marini-Biaggi, Esq. 

 Carolina Velaz-Rivero, Esq. 

 Iván Garau-González, Esq. 

E-Mail: lmarini@mpmlawpr.com 

 cvelaz@mpmlawpr.com 

 igarau@mpmlawpr.com 

(v) Counsel for the Oversight Board: 

Proskauer Rose LLP 

Eleven Times Square 

New York, New York 10036-8299 

Attn: Martin J. Bienenstock 

Brian S. Rosen 

Paul V. Possinger 

Ehud Barak 

Maja Zerjal 

O’Neill & Borges LLC 

250 Muñoz Rivera Ave., Suite 800 

San Juan, PR 00918-1813 

Attn: Hermann D. Bauer, Esq. 

E-Mail: hermann.bauer 

@oneillborges.com 

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E-Mail:mbienenstock@proskauer.com 

brosen@proskauer.com 

ppossinger@proskauer.com 

ebarak@proskauer.com 

mzerjal@proskauer.com 

(vi) Counsel for the Creditors’ Committee: 

Paul Hastings LLP 

200 Park Avenue 

New York, New York 10166 

Attn: Luc. A. Despins 

James Bliss 

James Worthington 

G. Alexander Bongartz 

E-Mail: lucdespins@paulhastings.com 

 jamesbliss@paulhastings.com 

 jamesworthington@paulhastings.com 

alexbongartz@paulhastings.co

m 

Casillas, Santiago & Torres LLC 

El Caribe Office Building 

53 Palmeras Street, Ste. 1601 

San Juan, Puerto Rico 00901-2419 

Attn: Juan J. Casillas Ayala 

Diana M. Batlle-Barasorda 

Alberto J. E. Añeses Negrón 

Ericka C. Montull-Novoa 

E-Mail: jcasillas@cstlawpr.com 

dbatlle@cstlawpr.com 

aaneses@cstlawpr.com 

emontull@cstlawpr.com 

(vii) Counsel for the Retiree Committee: 

Jenner & Block LLP 

919 Third Avenue 

New York, New York 10022 

Attn: Robert Gordon 

Richard Levin 

Catherine Steege 

E-Mail: rgordon@jenner.com 

rlevin@jenner.com 

csteege@jenner.com 

Bennazar, García & Milián, C.S.P. 

Edificio Union Plaza PH-A piso 18 

Avenida Ponce de León #416 

Hato Rey, San Juan, Puerto Rico 00918 

Attn: A.J. Bennazar-Zequeira 

E-Mail: ajb@bennazar.org 

(viii) The entities listed on the List of Creditors Holding the 20 Largest Unsecured Claims 

in COFINA’s Title III Case. 

(ix) Counsel to any other statutory committee appointed in these Title III Cases. 

B. All paper and e-mail courtesy copies served on the Court shall include the applicable 

Case Management/Electronic Case Files (“CM/ECF”) header information. 

C. For purposes of service pursuant to Bankruptcy Rules 7004(b)(6), 7004(b)(9), and 

7004(g), all service to the Debtors shall be made both to counsel to the Oversight Board 

and counsel to AAFAF, as listed above. 

D. Any creditor or party in interest that wishes to receive notice in these Title III Cases 

and is not otherwise entitled to notice pursuant to the Case Management Procedures 

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shall file a notice of appearance (a “Notice of Appearance”) and request for service of 

papers in accordance with Bankruptcy Rules 2002 and 9010(b) and the Case 

Management Procedures. Any party that has previous filed a pro hac vice motion but 

not a Notice of Appearance should file a Notice of Appearance to ensure that such party 

receives notice of Documents filed in these Title III Cases. For purposes of these 

Title III Cases, creditors or parties in interest filing such Notices of Appearance shall 

be included in the CM/ECF system for noticing purposes and will be considered to 

have accepted, upon filing of such Notice of Appearance, to receive documents and 

notices through the CM/ECF system. Alternatively, if direct inclusion in the CM/ECF 

system is not possible, the filer of a Notice of Appearance shall be considered to have 

consented to receive electronic notices pursuant to Local Bankruptcy Rule 5005-4(g), 

unless the filing party complies with the certificate requirement set forth in the second 

paragraph of this Section II.D and the Court approves such certification. 

The Notice of Appearance shall include the following: (i) the requesting party’s name, 

address, and telephone number; (ii) the name and address of the requesting party’s 

counsel, if any; (iii) the requesting party’s email address for service by electronic 

transmission; (iv) the requesting party’s address for service by U.S. mail, hand 

delivery, and/or overnight delivery; and (v) the requesting party’s facsimile number for 

service by facsimile. Any creditor or party-in-interest that files a Notice of Appearance 

and request for service of papers in accordance with the Case Management Procedures 

shall receive notice via electronic transmission. Any individual or entity that does not 

maintain and cannot practicably obtain an email address must include in its Notice of 

Appearance a certification stating the same and state the reasons why obtaining such 

email address is not feasible or unduly burdensome. Notice will be provided to these 

individuals or entities by U.S. mail, overnight delivery, or facsimile at the filing party’s 

discretion. Notwithstanding Bankruptcy Rules 2002 and 9010(b), no request for 

service filed in these Title III Cases shall have any effect unless the foregoing 

requirements are satisfied. 

E. The Claims and Noticing Agent shall maintain a master service list (the “Master 

Service List”), which shall include all persons and entities that have filed a Notice of 

Appearance pursuant to Bankruptcy Rules 2002 and 9010(b) and the Case 

Management Procedures (the “Rule 2002 Parties”) and the Standard Parties. The 

Master Service List shall contain addresses, facsimile numbers, and email addresses. 

The Claims and Noticing Agent shall use reasonable efforts to update and post on its 

website the Master Service List as often as practicable, but in no event less frequently 

than every fifteen (15) days. The Master Service List and any updates thereto shall be 

filed electronically on the website of the United States Bankruptcy Court for the District 

of Puerto Rico, www.prb.uscourts.gov, and on the Case Website commencing as of the 

date that is no later than ten (10) days from the date hereof. 

F. All Documents must be served, in the manner described herein, on the Master Service 

List and on any person or entity with a particularized interest in the subject matter of a 

certain Document (each, an “Affected Party”). Subject to Paragraph II.H, Documents 

filed in adversary proceedings are not required to be served on the Master Service List. 

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G. The proceedings with respect to which notice is limited to the Master Service List shall 

include all matters covered by Bankruptcy Rule 2002, with the express exception of 

the following: (a) notice of (i) the time fixed for filing proofs of claim pursuant to 

Bankruptcy Rule 3003(c) and (ii) the time fixed for filing objections to, and the 

hearings to consider, approval of a disclosure statement and plan; and (b) notice and 

transmittal of ballots for accepting or rejecting a plan, which notices shall be given in 

accordance with Bankruptcy Rule 2002 and other applicable Bankruptcy Rules, unless 

otherwise ordered by the Court or otherwise prescribed by the Bankruptcy Code. 

H. Pleadings related to a compromise or settlement must be served on the Master Service 

List and any Affected Parties, but need not be served on all creditors. 

I. Parties shall serve the U.S. Trustee by U.S. mail, overnight delivery, or hand delivery. 

Parties may serve the Standard Parties and the Affected Parties, with the exception of 

the U.S. Trustee, via the CM/ECF system described in Section II.D, and no further 

notice shall be required on such Standard Parties and Affected Parties unless the 

Bankruptcy Rules, the Local District Court Rules, or Local Bankruptcy Rules require 

otherwise or the Court orders otherwise. 

J. [RESERVED] 

K. Parties shall be authorized to rely to the maximum extent possible on CM/ECF notice 

for all Documents on the Rule 2002 Parties. To the extent it is known that one or more 

Affected Party will not receive CM/ECF notice, there shall be an obligation on the 

moving party to ensure service by the most efficient and timely manner possible on 

such Affected Parties (including service by e-mail unless the Affected Party has 

included a certification on its Notice of Appearance that it does not maintain an e-mail 

address). 

L. All Documents served by email shall include access to an attached file containing the 

entire Document, including the proposed form(s) of order and any exhibits, attachments 

and other relevant materials in PDF format, readable by Adobe Acrobat or an 

equivalent program. Notwithstanding the foregoing, if a Document cannot be annexed 

to an email (because of its size, technical difficulties or otherwise), the party serving 

the Document may, in its sole discretion: (i) serve the entire Document by U.S. mail 

or overnight delivery, including the proposed form(s) of order and any exhibits, 

attachments and other relevant materials or (ii) email the parties being served and 

include a notation that the Document cannot be annexed and will be (a) mailed if 

requested or (b) posted on the Case Website. 

M. Service by email shall be effective as of the date the Document is sent to the email 

address provided by the party. If service is made by email, the Debtors shall not be 

required to serve a paper copy of the Document on interested parties and email service 

shall satisfy the Court’s rules for service. 

N. If a party entitled to notice of a Document does not have an email address or an email 

address is not available in the Master Service List, the party shall be served by 

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U.S. mail, overnight delivery, facsimile, or hand delivery, the choice of the foregoing 

being in the sole discretion of the party who is required to serve. 

O. Upon the completion of noticing any particular matter, the party seeking relief shall file 

with the Court within three (3) business days either an affidavit of service or a 

certification of service attaching the list of parties that received notice; provided, 

however, that parties shall not be required to serve the affidavits of service on such 

recipients. 

P. Upon the request of a non-Debtor Movant for the Claims and Noticing Agent to serve 

Pleadings, and provided the Oversight Board as the instructing entity permits the 

Claims and Noticing Agent to serve such Pleadings, the Claims and Noticing Agent 

shall serve such Pleadings and bill the related service expense directly to the applicable 

non-Debtor movant. 

III. Scheduling 

A. The Debtors shall be authorized to schedule, in cooperation with the Court, periodic 

omnibus hearings (the “Omnibus Hearings”) at which Pleadings shall be heard. Upon 

scheduling, the Claims and Noticing Agent shall post the date of the Omnibus Hearings 

on the Case Website. The next Omnibus Hearings shall be scheduled for the following 

dates and times:2

 9:30 a.m. on the 23rd day of March 2022; 

 9:30 a.m. on the 18th day of May 2022; 

 9:30 a.m. on the 29th day of June 2022;

 9:30 a.m. on the 30th day of August 2023; 

 9:30 a.m. on the 4th day of October 2023; 

 9:30 a.m. on the 6th day of December 2023; 

 9:30 a.m. on the 23rd24th of January 2024; 

 9:30 a.m. on the 6th day of March 2024; 

 9:30 a.m. on the 22nd day of May 2024; 

 9:30 a.m. on the 24th day of July 2024; 

 9:30 a.m. on the 18th of September 2024; 

2

 All hearing times are in Atlantic Standard Time. 

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 9:30 a.m. on the 30th of October 2024; 

 9:30 a.m. on the 4th day of December 2024; 

 9:30 a.m. on the 29th day of January 2025;

B. All Omnibus Hearings may be scheduled for two consecutive days, if needed. 

C. Those in attendance in the main courtroom at any hearing shall refrain from wearing 

cologne or perfume. 

D. Subject to consultation with Chambers via email to 

swaindprcorresp@nysd.uscourts.gov, hearings in connection with individual and 

omnibus claim objections, applications for professional compensation and 

reimbursement, pre-trial conferences, asset sales and trials related to adversary 

proceedings, approval of a disclosure statement, confirmation of a plan, and any other 

Pleading filed by the Debtors may be scheduled for dates other than the Omnibus 

Hearing dates; provided, however, that hearings in connection therewith may be 

scheduled on a non-Omnibus Hearing date only after consultation with counsel to the 

Oversight Board and counsel to the Debtors (which consultation shall occur as soon as 

practicable); provided, further, that initial pre-trial conferences scheduled in connection 

with adversary proceedings involving the Debtors shall be set on the next available 

Omnibus Hearing date that is at least 45 days after the filing of the complaint; unless 

the Court expedites the pre-trial conference; provided, further, that hearings on all other 

Pleadings, except for those Pleadings specifically referenced in this Paragraph III.D, 

filed by any party must be scheduled for an Omnibus Hearing except for a Pleading 

requiring emergency or expedited relief in accordance with these Case Management 

Procedures. 

E. Except for filings that have previously been authorized by the Court in response to an 

Urgent Motion establishing such scheduling, if a Document is filed by a party other 

than the Debtors and purports to set a hearing date inconsistent with the Case 

Management Procedures (an “Inconsistent Filing”), the hearing shall be scheduled 

without the necessity of Court order for the first Omnibus Hearing date after the 

applicable notice period has expired and all applicable deadlines shall be accordingly 

extended, and the Debtors shall provide such party with notice of the Case Management 

Procedures within three (3) business days of receipt of the Inconsistent Filing. 

F. If a movant, applicant, or other party determines that a motion, application, or pre-trial 

conference requires emergency or expedited relief, the movant, applicant, or other party 

may, for good cause shown, seek an expedited hearing or pre-trial conference pursuant 

to Urgent Motion, and the Debtors and other parties in interest, as applicable, shall have 

the right to contest such request for expedition. All requests for emergency or 

expedited relief shall comply with the applicable Local Bankruptcy Rule. 

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G. If a Pleading seeks relief pursuant to Bankruptcy Rule 2002(a) or Bankruptcy 

Rule 2002(b), the hearing to consider such Pleading shall be set in accordance with the 

time period set forth in Bankruptcy Rules 2002(a) and (b) and 9006. For all other 

Pleadings, with the exception of Pleadings filed pursuant to the Presentment Procedures 

(as described below), Pleadings shall not be considered unless filed and served in 

accordance with the Case Management Procedures at least twenty-two (22) calendar 

days before the next applicable hearing date; provided, however, that nothing in the 

Case Management Procedures shall prejudice the right of any party to move the Court 

to request an enlargement or reduction of any time period under Bankruptcy 

Rules 9006(b) and (c). 

H. Notwithstanding the immediately preceding paragraph, a party may present a proposed 

order addressing administrative matters for approval by the Court; provided, however, 

that the presentment of a proposed order for administrative relief must be filed and 

served at least seven (7) calendar days before the presentment date, and Objections 

thereto must be filed and served at least one (1) calendar day before presentment date 

(the “Presentment Procedures”). 

I. The deadline to file an Objection (the “Objection Deadline”) to any Pleading shall be 

(i) 4:00 p.m. (Atlantic Standard Time) on the date that is fifteen (15) calendar days 

before the applicable hearing date or (ii) any date otherwise ordered by the Court. The 

Objection Deadline may be extended with the consent of the movant or applicant. If 

such an extension has been agreed upon, the parties need not file a stipulation or other 

pleading with the Court reflecting the extension; provided, however, that movant shall 

provide notice of the extension to Chambers by e-mail to 

swaindprcorresp@nysd.uscourts.gov. However, if an Objection Deadline was set by a 

separate scheduling order of the Court, any extension must be noticed by the filing of 

an informative motion. The Objection shall not be considered timely unless filed with 

the Court and received by the movant and the Standard Parties on or before the 

applicable Objection Deadline. All parties filing an Objection shall include their 

telephone number, facsimile number, and email in the signature block on the last page 

of the Objection. 

J. Unless the Court orders otherwise, if any Pleading, including a Stay Relief Motion (as 

defined below), is adjourned, the Objection Deadline with respect thereto shall be 

extended to 4:00 p.m. (Atlantic Standard Time) on the date that is fifteen (15) calendar 

days prior to the applicable hearing and all other applicable deadlines shall be likewise 

extended. 

K. The deadline to file Replies, joinders to an Objection, or any Statement shall be (i) for 

all parties other than the Debtors and any statutory committee, 4:00 p.m. (Atlantic 

Standard Time) on the date that is eight (8) calendar days before the applicable hearing 

date, (ii) for the Debtors and any statutory committee, 4:00 p.m. (Atlantic Standard 

Time) on the date that is seven (7) calendar days before the applicable hearing date, or 

(iii) any date and time otherwise ordered by the Court. 

L. Sur-replies shall not be permitted or considered unless authorized by the Court. 

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M. Two (2) business days before a scheduled hearing, the Debtors shall, after consultation 

via email with the Court, file with the Court an agenda (the “Agenda”) setting forth 

each matter to be heard at the hearing (updated after the initial submission, if necessary) 

and shall serve the Agenda by email or facsimile on (i) the Standard Parties, (ii) the 

Rule 2002 Parties, and (iii) any party that filed Documents referenced in the Agenda; 

provided, however, that where the Debtors have less than 48 hours’ notice of a hearing, 

the Debtors shall file an agenda only to the extent feasible. 

N. The Agenda shall include, to the extent known by the Debtors: (i) the docket number 

and title of each matter scheduled to be heard at the hearing, including the initial filing 

and any Objections, Statements, Replies, or Documents related thereto; (ii) whether the 

matter is contested or uncontested; (iii) whether the matter has been settled or is 

proposed to be continued; (iv) the identification number of any proof(s) of claim(s) 

implicated in the Document; and (v) other comments that will assist the Court; 

provided, however, that the matters listed on the Agenda shall be limited to matters of 

substance and shall not include administrative filings such as notices of appearance and 

affidavits of service. 

O. The Agenda may include notice of matters that have been consensually adjourned to a 

later hearing date in lieu of parties filing a separate notice of such adjournment. 

P. Parties may request relief without a hearing by filing a certificate of no objections 

(“CNO”), provided that the notice filed with the request for relief includes a statement 

that the request for relief may be granted and an order entered without a hearing unless 

a timely Objection is made. After the Objection deadline has passed, and no Objection 

had been filed or served in accordance with the set procedures set forth herein, counsel 

to the entity that has filed the request for relief may file a CNO indicating that no 

Objection has been filed or served on the party who has filed the request for relief and 

submit an order granting the relief requested. The CNO must include the date of the 

filing and service of the motion or application, the deadline for filing an objection 

thereto, and a statement that counsel is filing the CNO not less than forty-eight (48) 

hours after the expiration of such deadline. In filing the CNO, counsel for the moving 

party represents to the Court that the moving party is unaware of any objection, 

responsive pleading, or request for a hearing with respect to the motion or application, 

that counsel has reviewed the Court’s docket not less than forty-eight (48) hours after 

expiration of the time to file an objection, and that no objection, responsive pleading, 

or request for a hearing with respect to the motion or applications appears on the docket. 

Q. In the event a matter is properly noticed for hearing and the parties reach an agreement 

to settle the dispute prior to the hearing, the parties may announce the settlement at the 

scheduled hearing; provided, however, that the parties shall notify the Court, the Office 

of the United States Trustee, counsel for the Oversight Board, as representative of the 

Debtors, and the Creditors’ Committee of such agreement as soon as practicable prior 

to the hearing. In the event the Court determines that notice of the dispute and the 

hearing is adequate notice of the effects of the settlement (i.e., that the terms of the 

settlement are not materially different from what parties in interest could have expected 

if the dispute were fully litigated), the Court may approve the settlement at the hearing 

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without further notice of the terms of the settlement. In the event the Court determines 

that additional or supplemental notice is required, the Debtors shall serve such notice 

in accordance with the Case Management Procedures and a hearing to consider such 

settlement shall be on the next hearing day deemed appropriate by the Court. 

R. Subject to Paragraphs III.F and III.U, at least fifteen (15) business days prior to filing 

a Stay Relief Motion to continue a prepetition ordinary course civil action against a 

Debtor other than PREPA, the movant shall contact counsel for the Oversight Board 

(Attn: Hermann Bauer (Hermann.Bauer@oneillborges.com) and Ubaldo M. Fernández 

Barrera (ubaldo.fernandez@oneillborges.com)) and counsel for AAFAF (Attn: Diana 

M. Perez (dperez@omm.com), Luis C. Marini-Biaggi (lmarini@mpmlawpr.com) and 

Carolina Velaz-Rivero (cvelaz@mpmlawpr.com)), and for all Lift Stay Notices related 

to PREPA, the movant shall contact counsel for the Oversight Board (Attn: Hermann 

Bauer (Hermann.Bauer@oneillborges.com) and Ubaldo M. Fernández Barrera 

(ubaldo.fernandez@oneillborges.com)), counsel for AAFAF (Attn: Diana M. Perez 

(dperez@omm.com)), and counsel for PREPA (Attn: Arturo Diaz-Angueira 

(adiaz@diazvaz.law) and Katiuska Bolanos-Lugo (kbolanos@diazvaz.law)), by 

electronic-mail to advise them of the movant’s intent to seek relief from the automatic 

stay (the “Lift Stay Notice” and the notice period, the “Lift Stay Notice Period”). The 

Lift Stay Notice Period and the procedures set forth below shall not apply to Stay Relief 

Motions that are filed by creditors seeking to enforce a financial debt claim. 

The Lift Stay Notice shall include (i) the identity of the movant and its contact 

information, (ii) the claim(s), lawsuit(s), or other proceeding(s) for which movant seeks 

relief from the automatic stay, including the relevant case number and court 

information, (iii) the amount of the claim(s) and the asserted causes of action, (iv) a 

brief description of the status of the underlying claim(s), lawsuit(s), or proceeding(s), 

and (v) cause as to why the stay should be lifted. 

During the Lift Stay Notice Period, the Debtors and the movant shall meet and confer 

(in person or telephonically) to attempt to resolve, in whole or in part, the movant’s 

request for relief from the automatic stay. 

If (i) the Debtors disagree with the movant’s request for relief from the automatic stay 

and/or (ii) the Lift Stay Notice Period expires without the parties reaching an agreement 

governing the scope of the relief from the automatic stay, then the movant may file a 

Stay Relief Motion pursuant to the Case Management Procedures. Such Stay Relief 

Motion must include a certification that the movant has met and conferred with the 

Debtors regarding the requested relief. If movant did not meet and confer with the 

Debtors prior to filing a Stay Relief Motion, and cannot show exigent circumstances 

for failing to meet and confer, the Court shall deny the Stay Relief Motion without 

prejudice until the movant has met and conferred with the Debtors. 

The Debtors, in their discretion (subject to the Oversight Board’s consent) and without 

immediate leave of Court, may (i) enter into stipulations modifying or lifting the 

automatic stay and (ii) agree to modify or lift the automatic stay with respect to any 

prepetition ordinary course civil action against a Debtor. 

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The Debtors shall file an omnibus motion, every sixty (60) days, identifying each 

automatic stay modification agreed to by the Debtors during the relevant period and 

seeking Court approval of such modifications nunc pro tunc to the relevant 

modification date (an “Omnibus Lift Stay Motion”). 

Each Omnibus Lift Stay Motion shall include personalized information for each 

automatic stay modification including, as applicable, a brief description of the 

modification, case information (including case number and court), and counterparty. 

For the avoidance of doubt, nothing in this Paragraph III.R prejudices the rights of a 

party to request the consideration of any Stay Relief Motion on an expedited basis, or 

the rights of the Debtors or any other party in interest to contest such request for 

expedited consideration. 

S. Subject to Paragraphs III.F, III.T, and III.U, a motion for relief from the automatic stay 

(a “Stay Relief Motion”) in accordance with Bankruptcy Code section 362 shall be 

noticed for consideration on the Omnibus Hearing Date that is at least 22 days after the 

Stay Relief Motion is filed and notice thereof is served upon counsel for the Oversight 

Board, as representative of the Debtors. Unless otherwise ordered by the Court, the 

Objection Deadline with respect thereto shall be the later to occur of (i) fifteen 

(15) calendar days after the date of filing and service of the Stay Relief Motion and 

(ii) eight (8) calendar days prior to the hearing scheduled with respect thereto; 

effectively, this means that the Objection Deadline will be eight (8) calendar days prior 

to the hearing scheduled with respect to the Stay Relief Motion, except in certain 

situations where an expedited hearing is scheduled with respect to the Stay Relief 

Motion. The movant may file and serve a reply four (4) calendar days prior to the 

hearing. 

T. If a moving party notices a Stay Relief Motion for an Omnibus Hearing Date that falls 

on or after the thirtieth (30th) day after the filing of the Stay Relief Motion, or consents 

to the adjournment of an Omnibus Hearing to a date that falls on or after the thirtieth 

(30th) day after the filing of the Stay Relief Motion, the moving party shall be deemed 

to have consented to the continuation of the automatic stay in effect pending the 

conclusion of, or as a result of, a final hearing and determination under Bankruptcy 

Code section 362(d), and shall be deemed to have waived its right to assert the 

termination of the automatic stay under Bankruptcy Code section 362(e) with respect 

to that Stay Relief Motion. Any moving party shall be permitted to request an expedited 

hearing on its Stay Relief Motion, as provided in Paragraph III.F, and in that case, the 

moving party shall not be deemed to have waived its right to assert the termination of 

the automatic stay under Bankruptcy Code section 362(e); provided, however, that any 

expedited hearing granted in accordance with this paragraph shall be without prejudice 

to the right of the parties to request, and/or the Court to otherwise treat, such expedited 

hearing as a preliminary hearing in accordance with Bankruptcy Code section 362(e). 

For the avoidance of doubt, any hearing on a Stay Relief Motion shall be scheduled as 

a final hearing (which the Court may later treat as a preliminary hearing in the Court’s 

discretion) unless the Affected Parties agree otherwise or the Court orders otherwise. 

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A hearing on a Stay Relief Motion will take place only if an Objection is timely filed; 

if no Objection is timely filed, an order may be entered granting the relief requested. 

U. Notwithstanding Paragraphs III.R, III.S, and III.T, nothing in the foregoing paragraphs 

prejudices the rights of a party to request the expedited consideration of any motion 

seeking relief from stay, or the rights of the Debtors or any other party in interest to 

contest such request for expedited consideration. 

V. If the date any Document would be due falls on a day other than a business day, such 

Document must be filed and served by the first business day preceding such date, 

except where the Document relates to a hearing scheduled to be held within one week 

of the filing date, in which event the Document must be filed on the calendar date it is 

due. 

W. Under the discretion provided to the Court by Bankruptcy Rule 9006(b), and to forestall 

the need for a bridge order, unless otherwise provided by the Bankruptcy Code or 

Bankruptcy Rules, if a motion to extend the time to take any action is filed before the 

expiration of the period prescribed by the Bankruptcy Code, the Bankruptcy Rules, the 

Local Rules, or by Court order, the time shall automatically be extended until the Court 

acts on the motion, without the necessity for the entry of a bridge order. 

IV. Disclosure Requirements 

A. Every group, committee and entity described in Federal Rule of Bankruptcy Procedure 

2019(b)(1) (each, a “Rule 2019(b) Group”) that, on or before August 9, 2017, has taken 

a position before the Court3 must file a verified statement that complies with the 

disclosure requirements enumerated by Federal Rule of Bankruptcy Procedure 2019 by 

August 24, 2017 at 5:00 p.m. (Atlantic Standard Time). For the avoidance of doubt 

and for the purposes of these Title III cases, compliance with Bankruptcy Rule 2019 

includes disclosure of: (i) all disclosable economic interests with respect to each 

Debtor in whose Title III case the group, committee and/or entity has taken a position,4

including derivative interests, and (ii) the existence and amount of any bond insurance 

3

 For the avoidance of doubt, the phrase “takes a position before the Court” includes, but is 

not limited to, the filing of any Pleading by or on behalf of a Rule 2019 Group in any Title 

III case or related adversary proceeding, including informative motion practice containing 

factual or legal representations or arguments. 

4

 For the avoidance of doubt, a Rule 2019 Group takes a position in the case of a Title III 

Debtor by appearing in such Debtor’s Title III case or related adversary proceeding in any 

capacity, including by, among other things, filing a Pleading, filing an informative motion, 

executing a court-approved stipulation, filing a proof of claim, appearing at a hearing 

before the Court, or asserting any legal or factual positions that would in any way affect 

the property or rights of the Title III Debtor. 

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or other credit protection, including by a monoline insurer. The foregoing sentence 

summarizes certain elements of Rule 2019 but does not purport to enumerate all of the 

reporting requirements thereunder, which apply in their entirety. In particular, 

disclosures pursuant to Rule 2019(c) and Rule 2019(d) must present information 

identifying each relevant disclosable economic interest each Rule 2019(b) Group 

member holds with respect to each Title III Debtor as of the applicable reporting date. 

Aggregation of holdings of securities of multiple issues, issuers, and/or groups of 

holders is not compliant with the Rule. The term “disclosable economic interest” has 

the meaning set forth in Federal Rule of Bankruptcy Procedure 2019(a)(1) and includes, 

but is not limited to, holdings in series of obligations having different features, maturity 

dates or other factors distinguishing rights thereunder from other bonds of the same 

issuer; claims of rights in revenues or other holdings of a Title III Debtor that are based 

on guarantees of obligations of other instrumentalities or liens or any beneficial 

ownership claimed in connection with obligations of other instrumentalities; general 

unsecured claims; and any other right or derivative right purportedly granting the 

holder an economic interest that is affected by the value, acquisition, or disposition of 

a claim against or interest in a Title III Debtor. 

B. A Rule 2019(b) Group that first takes a position before the Court or solicits votes 

regarding the confirmation of a plan after August 9, 2017, with respect to any of the 

Title III Debtors in these jointly administered cases must file a verified statement 

compliant with Federal Rule of Bankruptcy Procedure 2019(c) identifying each of its 

members’ disclosable economic interests in each of the Debtors consistent with the 

principles described in subdivision IV.A of these Case Management Procedures within 

five (5) calendar days of taking such position before the Court or soliciting such votes. 

Federal Rule of Bankruptcy Procedure 9011(b) applies to attorneys filing such 

statements. 

A Rule 2019(b) Group that has previously filed a verified statement pursuant to 

subdivision IV.A. or IV.B. of these Case Management Procedures must file a revised 

verified statement compliant with Rule 2019(c) by July 3, 2020. Such verified 

statement must present the information required by Rule 2019(c) with respect to each 

of the group members’ disclosable economic interests held in relation to each of the 

Debtors in the jointly administered Title III cases as of (i) the later of January 14, 2019, 

or the date of the Group’s first verified statement and (ii) a date no earlier than June 24, 

2020. For the avoidance of doubt, such verified statement must present the information 

required by Rule 2019(c) with respect to each of the group members’ disclosable 

economic interests held in relation to PBA as of a date no earlier than June 24, 2020, 

and as of the date of any Rule 2019 verified statement filed after September 26, 2019. 

Federal Rule of Bankruptcy Procedure 9011 applies to attorneys filing the statements 

required by this paragraph. 

C. If any fact disclosed in the Rule 2019(b) Group’s most recently filed statement 

(including, but not limited to, information concerning the composition of the Rule 

2019(b) Group and information concerning any group member’s disclosable economic 

interests) changes materially, the Rule 2019(b) Group must file a supplemental verified 

statement contemporaneously with or within 48 hours after the next instance in which 

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the Rule 2019(b) Group takes a position before the Court or solicits votes on the 

confirmation of a plan with respect to any of the Title III Debtors. Federal Rule of 

Bankruptcy Procedure 9011 applies to attorneys filing such supplemental statements. 

The absence of such a supplemental statement shall be deemed a representation that no 

material changes have occurred. 

All supplemental statements filed after July 3, 2020, shall disclose material changes in 

the disclosable economic interests of group members and other facts from those 

disclosed in the statements filed to comply with the July 3, 2020, reporting date set 

forth above or the Rule 2019(b) Group’s later initial filing pursuant to Rule 2019(c) 

and subdivision IV.B. above. In addition, on or before July 3, 2020, all supplemental 

statements that were filed between January 14, 2019 and July 3, 2020 must be restated, 

if necessary to bring them into compliance with the requirements in this Part IV, to 

reflect any material changes in the disclosable economic interests of group members 

and other facts from those disclosed in the statements filed to comply with the July 3, 

2020 reporting date set forth above. 

D. [Expired provision of Fifth through Eleventh Amended Case Management Procedures 

deleted.] 

E. A Rule 2019(b) Group shall be required to make the retroactive disclosures set forth in 

the foregoing subdivisions IV.B and IV.C, as applicable, only with respect to those 

entities that were members of that Rule 2019(b) Group as of June 8, 2020. 

V. Other Case Management Procedures 

A. Nothing in the Procedures Order shall prejudice the rights of any party in interest to 

seek an amendment or waiver of the provisions of the Case Management Procedures 

upon a showing of good cause. 

B. The Debtors may seek to amend the Case Management Procedures from time to time 

throughout these Title III Cases, and shall present such amendments to the Court by 

notice of presentment in accordance with the Case Management Procedures. 

C. Within three (3) business days of entry of the Procedures Order or any amendment 

thereto, the Claims and Noticing Agent shall serve a printed copy of the relevant 

Procedures Order upon all parties on the Master Service List and post a copy of that 

Procedures Order on the Case Website. 

D. The Court retains jurisdiction to hear and determine all matters arising from or relating 

to the implementation of the Procedures Order. 

E. The Court retains power to provide notice of sua sponte amendments to the Case 

Management Procedures and/or Procedures Order. 

Dated: February 22, 2022July 12, 2023

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