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.,

Debtor

 

PROMESA Title III

No. 17-03283 -LTS

(Jointly Administered) 

LUIS A. RIVERA SIACA

Movant, 

v. 

THE FINANCIAL OVERSIGHT AND MANAGEMENT 

BOARD FOR PUERTO RICO 

as representative of 

THE COMMONWEALTH OF PUERTO RICO, et al.

Debtors

ECF Nos. 21408; 23145 and 23826

INFORMATIVE MOTION

TO THE HONORABLE COURT: 

COMES NOW, Luis A. Rivera Siaca (“LARS”), through its undersigned counsel, and 

respectfully states and requests: 

1. As it appears from the docket of this case1, LARS has two lease agreements with 

the Department of Education of the Commonwealth of Puerto Rico (the “PRDE”), pursuant to 

which the PRDE had been occupying and utilizing two properties belonging to LARS (the 

(a) As to the First Contract at ECF Nos. 21408, 21509, 21706, 22338 and 23249

(b) As to the Second Contract at ECF Nos. 23145, 23210, 23249 and 23250

Case:17-03283-LTS Doc#:24713 Filed:07/07/23 Entered:07/07/23 15:53:13 Desc: Main

Document Page 1 of 3
2

“Properties”) necessary for the PRDE’s operations without making any payments to LARS, owing 

LARS a substantial amount in administrative rent, the Financial Oversight and Management 

Board for Puerto Rico (the “Board”) averring that the two leases were unenforceable because they 

were executed without its prior review policy established under PROMESA Section 204(b)(2) and 

the Board had not authorized the PRDE to pay LARS for that reason. 

2. On March 17, 2023, LARS filed an Urgent Motion as to Decision on Pending 

Matters (ECF No. 23826), regarding ECF Nos. 21408 and 23145, which is still pending. 

3. Due to the PRDE’s continued occupancy of the Properties without any payment to 

LARS, on March 29, 2023, LARS was forced to file an eviction proceeding against the PRDE in 

the case styled Luis A. Rivera Siaca, Enery Pilar Ortiz Jiménez and their Conjugal Partnership v. 

Eliezer Ramos Parés in his official capacity as Secretary of the Department of Education of the 

Commonwealth of Puerto Rico and the Commonwealth of Puerto Rico, Case No. 

SJ2023CV02787, with the Court of First Instance of Puerto Rico Superior Section of San Juan, 

sustaining being owed $4,658,457.70 by the PRDE as of February 28, 2023.

4. On May 1st, 2023, the PRDE made an initial payment of $1,922,785.29 to LARS,

and after prolonged negotiations, on June 30, 2023, a final payment of $3,078,795.28 was issued 

to LARS for a combined total payment of $5,001,580.57, covering the rent under the two contracts 

until May 31, 2023. 

5. Due to the PRDE’s payment to LARS, the captioned contested matter has become 

academic.

WHEREFORE, it is respectfully requested that an order be entered deeming the 

captioned matter moot.

CERTIFICATE OF SERVICE: I hereby certify that on this same date I electronically 

filed the foregoing with the Clerk of the Court using the CM/ECF system, which will send 

notification of such filing to all ECF participants. 

Case:17-03283-LTS Doc#:24713 Filed:07/07/23 Entered:07/07/23 15:53:13 Desc: Main

Document Page 2 of 3
3

San Juan, Puerto Rico this 7

th day of July 2023

s/Charles A. Cuprill-Hernández

USDC-PR 114312

Charles A. Cuprill, P.S.C. Law Offices

356 Fortaleza Street - Second Floor

San Juan, PR 00901

Tel.: 787-977-0515

Fax: 787-977-0518

E-mail: cacuprill@cuprill.com

Case:17-03283-LTS Doc#:24713 Filed:07/07/23 Entered:07/07/23 15:53:13 Desc: Main

Document Page 3 of 3