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)

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

Court Filing Relates Only to PREPA 

and Shall Only be Filed in Case No. 

17-BK-4780 (LTS) and Main Case 

17-BK-3283 (LTS)

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 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); and (v) Puerto Rico Electric 

Power Authority (“PREPA”) (Bankruptcy Case No. 17 BK 04780-LTS) (Last Four Digits of 

Federal Tax ID: 3747).

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INFORMATIVE MOTION OF U.S. BANK NATIONAL ASSOCIATION AS PREPA 

BOND TRUSTEE REGARDING FEBRUARY 1, 2023 OMNIBUS HEARING AND ORAL 

ARGUMENT ON MOTIONS FOR SUMMARY JUDGMENT

To the Honorable United States District Court Judge Laura Taylor Swain: 

PLEASE TAKE NOTICE that pursuant to the Court’s Order Regarding Procedures for 

February 1-2, 2023 Omnibus Hearing (Dkt. No. 23253 in Case No. 17-3283) and Order 

Regarding Oral Argument on Motions for Summary Judgment (Dkt. No. 23254 in Case No. 17-

3283) the PREPA Bond Trustee states as follows:

1. Clark T. Whitmore and Michael C. McCarthy from Maslon LLP, will appear on 

behalf of U.S. Bank National Association, solely in its capacity as successor trustee (the 

“Trustee”) under the Trust Agreement dated as of January 1, 1974 (as amended and 

supplemented from time to time, the “Trust Agreement”), between the Puerto Rico Electric 

Power Authority and the Trustee in connection with the February 1, 2023 Summary Judgment 

Hearing and Omnibus Hearing hearing in San Juan, Puerto Rico, on certain motions in the 

above-captioned cases and related adversary proceedings (the “Hearing”). 

2. The Trustee’s legal representatives reserve the right to be heard on any matter 

raised by:

(i) Notice of Motion and Motion of the Financial Oversight and Management Board 

of Puerto Rico, as Title III Representative of the Puerto Rico Electric Power 

Authority, for Summary Judgment Pursuant to Bankruptcy Rule 7056 (ECF No. 

63 in Case No. 19-00391 (LTS)), and any other responses or filings related to the 

foregoing;

(ii) Memorandum in support of Defendant/Counterclaim-Plaintiff’s and IntervenorDefendants/Counterclaim-Plaintiffs’ Motion for Summary Judgment against 

Plaintiffs/Counterclaim-Defendants (ECF No. 67 in Case No. 19-00391 (LTS)), 

and any other responses or filings related to the foregoing;

(iii) Response of the Financial Oversight and Management Board of Puerto Rico, as 

Title III Representative of the Puerto Rico Electric Power Authority, to Summary 

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Judgment Motion of Defendant-Counterclaim Plaintiff (ECF No. 89 in Case No. 

19-00391 (LTS)), and any other responses or filings related to the foregoing;

(iv) Memorandum in Response to the Financial Oversight and Management Board of 

Puerto Rico’s Motion for Summary Judgment and Intervenor-Plaintiffs’

Supplemental Briefs (ECF No. 91 in Case No. 19-00391 (LTS)), and any other 

responses or filings related to the foregoing;

(v) Declaration of William J. Natbony pursuant to Fed. R. Civ. P. 56(d) in support of 

Defendants/Counterclaim-Plaintiffs’ Opposition to the Motion of the Financial 

Oversight and Management Board of Puerto Rico, as Title III Representative of 

the Puerto Rico Electric Power Authority, for Summary Judgment Pursuant to 

Bankruptcy Rule 7056 (ECF No. 91-2 in Case No. 19-00391 (LTS)), and any other 

responses or filings related to the foregoing;

(vi) Objection of the Financial Oversight and Management Board for Puerto Rico, as 

Title III Representative of the Puerto Rico Electric Power Authority, to 

Defendants’ Fed. R. Civ. P. 56(d) Application (ECF No. 97 in Case No. 19-00391 

(LTS)), and any other responses or filings related to the foregoing;

(vii) Defendants’ Response to Objection of the Financial Oversight and Management 

Board for Puerto Rico, as Title III Representative of the Puerto Rico Electric Power 

Authority, to Defendants’ Fed. R. Civ. P. 56(d) Application (ECF No. 101 in Case 

No. 19-00391 (LTS)), and any other responses or filings related to the foregoing;

(viii) Reply of the Financial Oversight and Management Board of Puerto Rico, as Title 

III Representative of the Puerto Rico Electric Power Authority, in Support of 

Summary Judgment Motion (ECF No. 104 in Case No. 19-00391 (LTS)), and any 

other responses or filings related to the foregoing;

(ix) Reply in support of Defendant/Counterclaim Plaintiff’s and IntervenorDefendants/Counterclaim-Plaintiffs’ Motion for Summary Judgment against 

Plaintiffs/Counterclaim-Defendants (ECF No. 105 in Case No. 19-00391 (LTS)), 

and any other responses or filings related to the foregoing;

(x) Memorandum of Law in support of the Motion of the Financial Oversight and 

Management Board of Puerto Rico, as Title III Representative of Puerto Rico 

Electric Power Authority, to Exclude Expert Declaration of Robert A. Lamb (ECF 

No. 107 in Case No. 19-00391 (LTS)), and any other responses or filings related to 

the foregoing;

(xi) Objection by the Ad Hoc Group of PREPA Bondholders, Assured Guaranty Corp., 

Assured Guaranty Municipal Corp., Syncora Guarantee, Inc., and U.S. Bank 

National Association, as Trustee to the Motion of the Financial Oversight and 

Management Board of Puerto Rico to Exclude the Expert Declaration of Robert 

A. Lamb (ECF No. 114 in Case No. 19-00391 (LTS)), and any other responses or 

filings related to the foregoing;

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(xii) Reply of the Financial Oversight and Management Board of Puerto Rico, as Title 

III Representative of Puerto Rico Electric Power Authority, in support of Motion 

to Exclude Expert Declaration of Robert A. Lamb (ECF No. 117 in Case No. 19-

00391 (LTS)), and any other responses or filings related to the foregoing; and

(xiii) any other matters scheduled for the hearing or raised by any party at the hearing 

related to the Title III cases or any adversary proceeding pending in the Title III 

cases or in the interests of the Trustee.

3. The Trustee’s Party Appearance Sheet is attached hereto as Exhibit A.

We hereby certify that, on this same date, we electronically filed the foregoing with the 

clerk of the Court using the CM/ECF system, which will notify the attorneys of record. 

In San Juan, Puerto Rico, today January 25, 2023.

Respectfully submitted, Respectfully submitted, 

RIVERA, TULLA AND FERRER, 

LLC

/s Eric A. Tulla

Eric A. Tulla

USDC-DPR No. 118313

Email: etulla@ riveratulla.com

Rivera Tulla & Ferrer Building

50 Quisqueya Street

San Juan, PR 00917-1212

Tel: (787)753-0438

Fax: (787)767-5784 (787)766-0409

MASLON LLP

By: /s Clark T. Whitmore

Clark T. Whitmore (admitted pro hac vice)

Michael C. McCarthy (admitted pro hac vice)

John Duffey (admitted pro hac vice)

Jason M. Reed (admitted pro hac vice)

90 South Seventh Street, Suite 3300

Minneapolis, MN 55402

Telephone: 612-672-8200

Facsimile: 612-672-8397

E-Mail: clark.whitmore@maslon.com

mike.mccarthy@maslon.com

john.duffey@maslon.com

jason.reed@maslon.com

ATTORNEYS FOR U.S. BANK NATIONAL 

ASSOCIATION, IN ITS CAPACITY AS 

TRUSTEE

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EXHIBIT A

PARTY APPEARANCE COVER SHEET

Name of Party U.S. Bank National Association as PREPA Bond 

Trustee

Attorney 1 Appearance Method In Person - PR

Name Clark Whitmore

Law Firm Maslon LLP

Email Clark.Whitmore@maslon.com

Phone Number 612-672-8200

Docket Entry No. of 

Notice of Appearance

ECF No. 68 – Case 17-BK-4780

Attorney 2 Appearance Method In Person - PR

Name Michael McCarthy

Law Firm Maslon LLP

Email Mike.McCarthy@maslon.com

Phone Number 612-672-8200

Docket Entry No. of 

Notice of Appearance

ECF No. 3044 – Case 17-BK-4780

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