230816 PROCEDURES ORD RE AUG OMNI VERSION AUGUST 16, 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

PUERTO RICO TOURISM DEVELOPMENT PROMESA 

FUND, Title VI

Applicant. Case No. 23-cv-01373 (LTS)

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

ORDER REGARDING PROCEDURES FOR TITLE VI

APPROVAL HEARING FOR THE PUERTO RICO TOURISM

DEVELOPMENT FUND AND AUGUST 30-31, 2023 OMNIBUS HEARING

The Court will conduct an omnibus hearing on certain motions in the abovecaptioned cases and related adversary proceedings (the “Omnibus Hearing”) beginning at 

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).

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9:30 a.m. (Atlantic Standard Time) on August 30, 2023. Immediately upon the conclusion of 

the Omnibus Hearing, the Court will receive evidence and hear argument in connection with the 

request of the Puerto Rico Fiscal Agency and Financial Advisory Authority (“AAFAF”) as fiscal 

agent for the issuer and the Puerto Rico Tourism Development Fund (“TDF”) as issuer for 

approval of the Application of the Puerto Rico Tourism Development Fund, by and through the

Puerto Rico Fiscal Agency and uFinancial Advisory Authority, for Approval of the Qualifying 

Modification for the Puerto Rico Tourism Development Fund Pursuant to Section 601(m)(1)(D) 

of the Puerto Rico Oversight, Management, and Economic Stability Act (Docket Entry No. 1 in

Case No. 23-cv-01373) (the “Qualifying Modification Hearing” and, together with the Omnibus

Hearing, the “Hearings”). The Hearings will be conducted on August 30, 2023, from 9:30 a.m. 

to 12:50 p.m. (Atlantic Standard Time), resume from 2:10 p.m. to 5:00 p.m. (Atlantic 

Standard Time), and continue, if necessary, on August 31, 2023, beginning at 9:30 a.m. 

(Atlantic Standard Time). The Court will conduct the Hearings in Courtroom 17C of the 

Daniel Patrick Moynihan Courthouse, 500 Pearl Street, New York, NY 10007 (the “New York 

Courtroom”), and by video teleconference in a courtroom to be designated in the United States 

District Court for the District of Puerto Rico, Clemente Ruiz Nazario US Courthouse, 150 Carlos 

Chardón Street, Federal Building, San Juan, Puerto Rico 00918-1767 (the “San Juan 

Courtroom”). The Hearings shall be governed by the following procedures. 

Registration for In-Person Attendance and Listen-In Faculties for Attorneys, Members of 

the Public and Press

1. In-Person Participation of Counsel. Judge Swain will be present in the 

New York Courtroom. All attorneys who are scheduled to participate in the Hearings are 

expected to appear in person (either in the San Juan Courtroom or the New York 

Courtroom). Counsel who are not scheduled to present argument or examine witnesses have 

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the following options to access the Hearings: (i) observe in person in the New York Courtroom;

or (ii) observe a video feed of the Hearings in person in the San Juan Courtroom. Counsel who 

have entered their appearance in the Title III proceedings or the Title VI proceeding and

intend to participate in the Hearings in person (in the San Juan Courtroom or the New 

York Courtroom) must file an informative motion, as set forth in paragraph 5 below. 

Informative motions are due no later than August 23, 2023, at 5:00 p.m. (Atlantic Standard 

Time). 

2. Listen-Only Public Access to the Hearings. Members of the public, 

press, and attorneys may listen to but not participate in the Hearings by dialing (888) 363-

4749, and, when prompted, entering the access code (7214978) and security code (7533) for 

listen-only access. This telephonic access line for the press and the general public will be in 

listen-only mode at all times. Recording and retransmission of the proceedings by any means 

are prohibited. 

3. Live Video Feed of the Hearings. Counsel and members of the public 

and press who wish to view but not participate in the Hearings may do so by appearing in 

person at the San Juan Courtroom or the New York Courtroom. 

4. Press Room. A live video feed of the proceedings will be available for 

viewing in the press room in the San Juan courthouse. Members of the press should contact 

presscredentials@prd.uscourts.gov (San Juan) regarding viewing facilities and space availability. 

Members of the press may also view the proceedings in the New York Courtroom or dial into the 

listen-only line. 

5. Witness Testimony. The Court expects that witnesses, if any, be 

available for in person cross-examination at the New York Courthouse during the Hearings. 

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Rule 43(a) of the Federal Rules of Civil Procedure, made applicable by Rule 9017 of the Federal 

Rules of Bankruptcy Procedure, provides that for “good cause in compelling circumstances” a 

witness may be permitted to testify by contemporaneous transmission from a location other than 

the courtroom. Any motions to allow a witness to provide remote testimony shall be due no later 

than August 24, 2023, at 5:00 p.m. (Atlantic Standard Time). 

a. The original proponent of a witness will be responsible for (a) arranging 

participation at the Qualifying Modification Hearing, (b) providing a certified interpreter if the 

witness requires translation services,2 and (c) confirming witness attendance by emailing 

SwainDPRCorresp@nysd.uscourts.gov by 3:00 p.m. (Atlantic Standard Time) the day before 

the witness is scheduled to testify with the following information: the (1) name of the witness, 

and (2) the name of the interpreter, if any. 

b. The Court will review all declarations that have been submitted in support 

of or opposition to the Qualifying Modification in advance of the Qualifying Modification 

Hearing. The deadline for TDF or AAFAF to file witness declarations to be used at the 

Qualifying Modification Hearing is 5:00 p.m. (Atlantic Standard Time) on August 22, 2023. 

The deadline for objectors to the Qualifying Modification, if any, to file witness declarations to 

be used at the Qualifying Modification Hearing is 10:00 a.m. (Atlantic Standard Time) on 

August 29, 2023. All such declarations are deemed submitted as direct testimony. 

2 The original proponent of the witness is responsible for providing a certified interpreter if 

the witness requires translation services regardless of whether the witness testifies in the 

New York Courtroom or the San Juan Courtroom. Information regarding interpreter 

services for the San Juan Courtroom can be found on the website for the United States 

District Court for the District of Puerto Rico https://www.prd.uscourts.gov/interpreterservices. 

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Party Informative Motion and Exhibit List Procedures, and Witness Testimony

6. Party Informative Motion. Counsel for any party-in-interest (each, a “Party”) 

and any individual Party not represented by counsel that wishes to participate in the Hearings

must file an informative motion by August 23, 2023, at 5:00 p.m. (Atlantic Standard Time), 

except that counsel for any objectors to the Qualifying Modification may file an informative 

motion by August 29, 2023, at 10:00 am (Atlantic Standard Time). The informative motion 

shall contain a completed Exhibit A, Exhibit B, and Exhibit C. Counsel who have not filed 

exhibits and/or do not intend to examine a witness may write “N/A” on the Exhibit B and 

Exhibit C cover sheets. 

a. Party Appearance Sheet (Exhibit A). Counsel for any Party that has (a) filed a 

motion or response in connection with a matter noticed for the omnibus hearing (each, a “Party”) 

and wishes to participate at the Hearings, or (b) a Party that has timely filed an objection to or 

statement in support of the Application of the Puerto Rico Tourism Development Fund, by and 

Through the Puerto Rico Fiscal Agency and Financial Advisory Authority, for Approval of the 

Qualifying Modification for the Puerto Rico Tourism Development Fund Pursuant to Section 

601(m)(1)(D) of the Puerto Rico Oversight, Management, and Economic Stability Act (Docket 

Entry No. 1 in Case No. 23-cv-01373), must register an appearance by completing the Party 

Appearance Sheet. Counsel must identify: (i) the Party for which they intend to appear;

(ii) whether they intend to appear for the Qualified Modification Hearing, the Omnibus Hearing, 

or both; and (iii) the name(s), email address(es), and phone number(s) for those attorney(s) who 

wish to participate in the Hearings. 

b. Exhibit List Procedures and Exhibit Cover Sheet (Exhibit B). Exhibit lists are 

due by August 23, 2023, at 12:00 p.m. (Atlantic Standard Time), except that exhibit lists filed 

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by objectors to the Qualifying Modification are due August 29, 2023, at 10:00 am (Atlantic 

Standard Time). Each Party must follow the below instructions for filing the Exhibit List.

i. Each Party is directed to file an Exhibit List using the CM/ECF event 

“Motion Submitting.” 

ii. Each Party must upload each exhibit as a separate attachment to the 

Exhibit List. Hyperlinks may not be used in lieu of uploading an exhibit.

iii. The Exhibit List is intended to be a single filing (with multiple exhibits). 

If your Exhibit List and attachments exceed the upload capacity of 

CM/ECF,3 you may divide your submission into multiple filings. 

A. Large Exhibits. If a single exhibit is too large to file, Parties shall 

divide the exhibit into separate attachments. In this scenario, the 

Party assigns each part of the exhibit the same exhibit letter or 

number, and types in the text field “Part 1 of [Total Number].” 

Parties must select the same exhibit letter or number to indicate to 

the Court that an uploaded exhibit is continued in the next 

attachment. For example, if “Party ABC” needs to divide 

Exhibit C into 3 attachments due to its size, “Party ABC” will 

upload and designate the exhibit as follows: Exhibit C: “Part 1 of 

3,” the next attachment as Exhibit C “Part 2 of 3,” and the final 

attachment as Exhibit C “Part 3 of 3.” The next attachment will 

then proceed to Exhibit D.

B. Multiple Filings. If a group of exhibits reaches the 20MB 

capacity for a single CM/ECF filing, parties must continue to file 

their exhibits by starting a new filing. Parties will again select the 

“Motion Submitting” CM/ECF Activity when filing the next set of 

exhibits. The main document for a continued filing should be 

titled “Continued Exhibits of [Party Name]” and may include a list 

of the exhibits attached to that single filing.

iv. Requests to Seal Certain Exhibits. A Party who has included an exhibit 

on their Exhibit List that is subject to a sealing application must file a 

placeholder for the exhibit, clearly marked as such. The placeholder 

document can simply state “Exhibit Name, Exhibit Brief Description, 

Party [Name] will file a Motion to Seal regarding Exhibit [Letter].” The 

Party must still select the exhibit letter corresponding to the exhibit and 

type in the text field “SEALED Exhibit [Letter].” 

3 The maximum capacity of the U.S. Bankruptcy Court for the District of Puerto Rico 

CM/ECF System is 20 MB for a single filing. 

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A. When a Party files a motion to seal, the Party must select the 

CM/ECF designation “MOTION TO SEAL” or “URGENT 

MOTION TO SEAL.” This is the only CM/ECF Designation that 

allows the Clerk’s Office to unseal the document at a later date. 

Failure to select the appropriate designation will result in a 

deficient filing notification and/or termination of the motion. 

The Exhibit Cover Sheet, Exhibit B to the Informative Motion, must include all 

docket entry numbers for each exhibit that was previously filed in connection with the Exhibit 

List. Thus, a Party is only able to complete the Exhibit Cover Sheet after the Party has filed 

their Exhibit List. 

c. Witness Cover Sheet (Exhibit C). Each party who intends to cross 

examine any witnesses or reserve the right to redirect a witness at the hearing, must file a 

Witness Cover Sheet containing: (a) the witness(es) to be examined; (b) the factual issue(s) to 

which the proposed cross-examination or testimony relates; (c) the subject matter of the 

testimony and its relevance to the factual issue(s); and (d) the time requested for such 

examination or testimony. 

d. Parties not represented by counsel. Any individual Party who wishes to 

participate in the Hearings must file a Pretrial Informative Motion with the Party Appearance 

Sheet, Witness Cover Sheet, and Exhibit Cover Sheet as set forth in paragraph 6. 

Notice of Hearings Agendas and Order of Appearances for Oral Argument and Witness 

Examination in connection with the Qualifying Modification Hearing

7. In anticipation of the Hearings, the Debtors shall file an agenda outlining 

the matters to be addressed and the projected timetable for the Hearings by August 28, 2023, in 

accordance with the Seventeenth Amended Case Management Procedures and Order Granting 

Motion for Entry of an Order Approving Procedures and Establishing Schedule for Approval of 

Qualifying Modification for the Puerto Rico Tourism Development Fund. (See Docket Entry 

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No. 24725-1 § III.M; see also Docket Entry No. 10 in Case No. 23-cv-01373.) Debtors’ counsel 

shall file a revised agenda on August 29, 2023, if circumstances have changed or if requested to 

do so by the Court. Debtors’ counsel shall email a proposed agenda, including preliminary time 

allocations, to the Court by August 26, 2023, at 12:00 p.m. (Atlantic Standard Time). The 

Parties intending to present argument and examine witnesses in connection with the Qualifying 

Modification Hearing shall meet and confer and jointly propose time allocations for argument in 

connection with the Qualifying Modification Hearing.

a. Omnibus Hearing Agenda. The agenda shall include: (a) the names of the 

individuals who intend to appear and speak on behalf of each relevant Party in connection with 

each motion or report; (b) the order in which the parties to the relevant motion shall present 

argument; and (c) time allocations for each Party. 

b. Status Reports. The Oversight Board and AAFAF shall file written status 

reports by 5:00 p.m. (Atlantic Standard Time) on August 28, 2023. The Oversight Board’s 

report shall address: (a) the general status and activities of the Oversight Board; (b) the general 

status of relations among the Oversight Board and the Commonwealth and federal governments;

(c) the general status of the ADR and ACR processes, including the anticipated number of 

matters to be directed into the ADR process and anticipated timetable for initiation of ADR 

procedures with respect to such matters; and (d) the anticipated timing and volume of objections 

to claims. AAFAF shall provide a general status report on its status and activities, including an 

overview of the Commonwealth’s ongoing response to the COVID-19 pandemic. At the Omni 

Hearing, the Court will ask counsel to the Oversight Board and AAFAF to respond to questions 

and comments, if any, related to their respective status reports.

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c. Qualifying Modification Hearing Agenda. The Agenda shall include the 

order of appearances for oral argument and witness examination including: (a) the Parties 

(including any persons appearing pro se) who intend to appear and present opening and closing 

statements; (b) time allocations for each speaker providing an opening and closing statement; 

(c) the names and anticipated order of the witnesses that will be cross-examined; (d) the names 

and anticipated order of the Parties who will cross-examine the witnesses; and (e) the name of 

any Party who anticipates conducting redirect examination of a witness. The Court will allocate 

up to two hours for the Qualifying Modification Hearing. Parties are not required to exhaust the 

entire 2 hours allotted. 

8. Courtroom Procedures. All persons appearing in person or by telephonic 

means are reminded of the general prohibition against photographing, recording, and 

rebroadcasting of court proceedings. Violation of this prohibition may result in sanctions, 

including removal of court issued media credentials, restricted entry to future hearings, denial of 

entry to future hearings, or any other sanctions deemed necessary by the Court. The formalities 

of a courtroom must be observed. 

9. Electronic Device Policy in New York. Counsel with New York bar 

credentials are permitted to bring one cellular telephone into the New York courthouse in 

accordance with the Fifth Amended Standing Order M10-468.4

 Counsel seeking to bring 

additional electronic devices into the New York Courtroom for the Hearings must complete the 

Electronic Device General Purpose Form available on the Court’s website at 

https://www.nysd.uscourts.gov/forms/fillable-form-electronic-devices-general-purpose and 

4

 The Fifth Amended Standing Order is available at 

https://nysd.uscourts.gov/sites/default/files/2022-

04/20mc316%205th%20amd%20standing%20order.pdf. 

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230816 PROCEDURES ORD RE AUG OMNI VERSION AUGUST 16, 2023 10

submit the completed form to the following address: swaindprcorresp@nysd.uscourts.gov by 

August 24, 2023, at 12:00 p.m. (Atlantic Standard Time). Such requests must be compliant 

with S.D.N.Y. Standing Order M10‐468. The Court directs counsel’s attention to the technical 

and device usage restrictions detailed in the Fifth Amended Standing Order. Devices may not be 

used for communications purposes in the courtroom and no recording or transmission of the 

proceedings is permitted.

10. Electronic Device Policy in San Juan. Counsel with Puerto Rico bar 

credentials are permitted to bring electronic devices into the San Juan courthouse. Counsel 

authorized to appear Pro Hac Vice in the Title III proceedings shall present (i) a paper or hard 

copy of the order granting Pro Hac Vice admission, and (ii) a current government-issued photo 

identification.5

 Devices may not be used for communications purposes in the courtroom and no 

recording or transmission of the proceedings is permitted. 

SO ORDERED.

Dated: August 16, 2023 

 /s/ Laura Taylor Swain 

 LAURA TAYLOR SWAIN

United States District Judge

5

 The electronic devices policy for the United States District Court for the District of 

Puerto Rico is available at https://promesa.prd.uscourts.gov/electronic-devices-policies.

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