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) 

THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS’ RESERVATION OF 

RIGHTS REGARDING DEBTOR’S MOTION IN LIMINE TO EXCLUDE EVIDENCE 

CHALLENGING OVERSIGHT BOARD’S CERTIFICATION DETERMINATIONS 

 

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 (the 

“Commonwealth”) (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). 

In re: 

THE FINANCIAL OVERSIGHT AND MANAGEMENT 

BOARD FOR PUERTO RICO, 

 as representative of 

PUERTO RICO ELECTRIC POWER AUTHORITY, 

 Debtor. 

 PROMESA 

 Title III 

 No. 17-BK-4780-LTS 

 (Jointly Administered) 

Case:17-03283-LTS Doc#:24566 Filed:06/13/23 Entered:06/13/23 17:20:47 Desc: Main

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To the Honorable United States District Judge Laura Taylor Swain: 

 The Official Committee of Unsecured Creditors (the “Committee”) respectfully submits 

this reservation of rights (the “Reservation of Rights”) regarding Debtors’ Motion in Limine to 

Exclude Evidence Challenging Oversight Board’s Certification Determinations [Docket No. 

3581] (the “Motion in Limine”). In support of this Reservation of Rights, the Committee states 

as follows: 

 1. The Oversight Board’s Motion in Limine asks the Court to exclude two categories 

of evidence at the plan confirmation hearing: (i) the testimony of certain experts retained by the 

Bondholders (as defined therein) “that purports to challenge any certification determination of 

the Oversight Board reflected in any certified fiscal plan”; and (ii) “any other such evidence 

proffered by any party in interest to challenge any certified fiscal plan at the hearing on 

confirmation of the PREPA Plan” [Docket No. 3581-1 at 1]. 

 2. The Committee intends to file an objection (the “Committee’s Plan Objection”) to 

confirmation of the Modified Second Amended Title III Plan of Adjustment of the Puerto Rico 

Electric Power Authority (the “PREPA Plan”). The Committee’s Plan Objection does not 

presently rest on any evidence it anticipates being affected by the Court’s decision on the Motion 

in Limine. Accordingly, the Committee takes no position on the Motion in Limine at this time. 

The Committee, however, reserves all rights with respect to the admissibility of the evidence it 

submits in support of the Committee’s Plan Objection. 

3. Moreover, to the extent the PREPA Plan is further modified or amended in the 

future (thereby altering the Committee’s objections), the Committee respectfully requests an 

opportunity to be heard on the issues raised within the Motion in Limine thereafter. 

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RESPECTFULLY SUBMITTED 

In San Juan, Puerto Rico, this 13th date of June, 2023. 

 /s/ Luc A. Despins 

PAUL HASTINGS LLP 

Luc A. Despins, Esq. (Pro Hac Vice)

G. Alexander Bongartz, Esq. (Pro Hac Vice)

200 Park Avenue 

New York, New York 10166 

Tel: (212) 318-6000 

lucdespins@paulhastings.com 

alexbongartz@paulhastings.com 

Nicholas A. Bassett, Esq. (Pro Hac Vice) 

875 15th Street, N.W. 

Washington, D.C. 20005 

Tel: (202) 551-1700 

nicholasbassett@paulhastings.com 

Counsel to the Official Committee of Unsecured Creditors

- and - 

/s/ Juan J. Casillas Ayala 

CASILLAS, SANTIAGO & TORRES LLC 

Juan J. Casillas Ayala, Esq. (USDC - PR 218312) 

Israel Fernández Rodríguez, Esq. (USDC – PR 225004) 

Juan C. Nieves González, Esq. (USDC - PR 231707) 

Cristina B. Fernández Niggemann, Esq. (USDC – PR 

306008) 

PO Box 195075 

San Juan, Puerto Rico 00919-5075 

Telephone: (787) 523-3434 Fax: (787) 523-3433 

jcasillas@cstlawpr.com 

ifernandez@cstlawpr.com 

jnieves@cstlawpr.com 

crernandez@cstlawpr.com 

Local Counsel to the Official Committee of Unsecured 

Creditors 

Case:17-03283-LTS Doc#:24566 Filed:06/13/23 Entered:06/13/23 17:20:47 Desc: Main

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