221208 ORD RE ADR PROCED MOT VERSION DECEMBER 8, 2022 1

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)

ORDER SETTING DEADLINE FOR THE SUBMISSION OF FURTHER 

DOCUMENTATION AND SUPPLEMENTAL BRIEFING IN CONNECTION WITH

THE FINANCIAL OVERSIGHT AND MANAGEMENT BOARD FOR PUERTO RICO’S 

MOTION TO AMEND ALTERNATIVE DISPUTE RESOLUTION PROCEDURES

The Court has received and reviewed the Notice of Filing of (a) Revised Proposed 

Order Granting Motion of the Financial Oversight and Management Board for Puerto Rico to 

Amend Alternative Dispute Resolution Procedures and (b) Supplemental Documentation (Docket 

Entry No. 23009 in Case No. 17-3283) (the “Notice”), filed by the Financial Oversight and 

Management Board for Puerto Rico (the “Oversight Board”). On December 1, 2022, the Court 

directed the Oversight Board to file supplemental documentation in support of the Motion of the 

Financial Oversight and Management Board for Puerto Rico to Amend Alternative Dispute 

Resolution Procedures (Docket Entry No. 22936 in Case No. 17-3283), including “a redlined 

version of the ADR Procedures Order with the proposed amendments.” (Docket Entry No. 

22951 in Case No. 17-3283.) Exhibit 1 of the Notice does not appear to provide a redlined 

version of the Order (A) Authorizing Alternative Dispute Resolution Procedures, (B) Approving 

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-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) 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).

Case:17-03283-LTS Doc#:23031 Filed:12/08/22 Entered:12/08/22 17:58:45 Desc: Main

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221208 ORD RE ADR PROCED MOT VERSION DECEMBER 8, 2022 2

Additional Form of Notice, and (C) Granting Related Relief (Docket Entry No. 12576 in Case 

No. 17-3283) (the “ADR Procedures Order”).

2

 Accordingly, the Oversight Board is directed to 

submit a corrected redlined version of the ADR Procedures Order that reflects all proposed 

amendments by December 10, 2022, at 5:00 p.m. (Atlantic Standard Time). 

Additionally, the Oversight Board shall file a supplemental brief by December 

10, 2022, at 5:00 p.m. (Atlantic Standard Time) addressing (i) the reason for proposing to

proceed to an evaluative mediation process with respect to claimants who have been entirely 

nonresponsive rather than seeking permission to remove such claims from the ADR process prior 

to evaluative mediation, and (ii) whether the Oversight Board intends to utilize the proposed 

ADR Procedures for administrative expense claims asserted against all Title III debtors and, if 

so, whether the definition of “administrative expense claim” should be incorporated in the 

proposed order rather than supplied by reference to provisions of specific plan(s).

SO ORDERED.

Dated: December 8, 2022

 /s/ Laura Taylor Swain

LAURA TAYLOR SWAIN

United States District Judge

2 Instead, as far as the Court can surmise, the Oversight Board appears to have submitted a 

redlined version of a prior iteration of the procedures filed at Docket Entry No. 9718 in 

Case No. 17-3283. 

Case:17-03283-LTS Doc#:23031 Filed:12/08/22 Entered:12/08/22 17:58:45 Desc: Main

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