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IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF PUERTO RICO

IN RE:

THE FINANCIAL OVERSIGHT AND 

MANAGEMENT BOARD OF PUERTO RICO

As representative of

THE COMMONWEALTH OF PUERTO RICO

Debtor.

PROMESA

Title III

No. 17 BK 03283-LTS

MOTION IN COMPLIANCE WITH NOTICE 

OF DEFECTIVE FILING [ECF No. 24887]

TO THE HONORABLE COURT: 

NOW comes, creditor Robert Anel Díaz-Morales (hereafter, 

“Movant”), represented by his undersigned counsel, and 

respectfully informs, and prays as follows:

1. On August 14, 2023, at 11:05 a.m., Movant filed using 

the EM/CMF filing his “Response to Five Hundred Seventy-Eight 

Omnibus Objection (Non-Substantive) of the Commonwealth of Puerto 

Rico to Proof of Claim Number 46107 And for Relief from Stay”. 

[ECF No. 24878]. 

2. The electronic filing of the Response made on August 14, 

2023, at ECF No. 24878, was necessary since Movant first filed his 

Response on August 11, 2023, at ECF No. 24869, yet counsel was 

notified by Carmen Tacaronte (see edit to ECF No. 24869) on August 

13, 2023, that the Response had been “filed in error” and that 

counsel had to re-file the same “USING THE CORRECT CM/ECF EVENT.***” 

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3. The Response filed on August 14, 2023, at 11:05 a.m., 

was, therefore, re-filed as instructed by the Clerk’s Office using 

the correct CM/ECF event.

4. To ensure that the Response was timely and correctly 

filed, since the responses to Debtor’s Five Hundred Seventy-eighth 

Omnibus Objection (Non-substantive)(ECF No. 24749), were due to be 

filed by 4:00 p.m., on August 14, 2023, counsel, in an abundance 

of caution, decided to also file a paper and complete copy of the 

Response (as filed electronically) before the Clerk's Office of 

the United States District Court for the District of Puerto Rico

on August 14, 2023. The Clerk stamped the first page of the paper 

copy of the Response as received and filed at 3:40 p.m. (Due to 

the length of the Response, the same is attached as Exhibit 1A 

and 1B).

5. The Clerk of the Court then issued a Notice of Defective 

pleading regarding the paper copy of the Response filed. [ECF No. 

24887.] The Clerk notified that: “The Clerk of Court has received 

your pleading on August 14, 2023. However, the deficiencies listed 

below have prevented us from filing the same in the case docket. 

You must submit a corrected pleading if you want it to form part 

of the record.” The ONLY deficiency noted as to the paper copy of 

the Response was that: “5. The attached document (referring to the 

paper copy of the Response) is non-compliant with Fed. R. Civ. P. 

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5(d)(3)(A) and L. Cv. R. 5(a). Counsel is required to file the 

document electronically via CM/ECF.”

6. However, the Response had already been filed earlier on 

August 14, 2023, by means of the CM/ECF system as required by Fed. 

R. Civ. P. 5(d)(3)(A) and L. Cv. R. 5(a). [ECF No. 24878.] In fact, 

the Court and the Clerk can see that the paper copy filed shows 

the date, time, and ECF. No. of the Response as filed earlier on 

August 14, 2023, on the top of each page.

7. Therefore, the paper copy of the Response filed with 

the Clerk of Court at 3:40 p.m., on August 14, 2023, that was 

filed only to ensure that the Response was timely and correctly 

filed using the correct EM/CMF event, can be disregarded by this 

Honorable Court and the Clerk as it is duplicative of the Response 

already properly and timely filed at ECF No. 24878, and the same 

does not need to be re-filed using the CM/ECF system.

8. In fact, the Honorable Judge, Laura Swain, has already 

entertained the Response filed by means of the EM/CMF filing, and 

issued an Order regarding the same. [ECF No. 24885.]

ORDER CONCERNING 24878 Response to Debtor's Objection to 

Claims (Number(s): 46107) Re: 24749 Debtor's Omnibus 

Objection to Claims - Five Hundred Seventy-eighth 

Omnibus Objection (Non-substantive) of the Commonwealth 

of Puerto Rico, the Puerto Rico Highways and Transpo 

filed by Robert Anel Diaz Morales. The Response will be 

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deemed to be solely a timely response to the 578th 

Omnibus Claims Objection, and any additional or 

different relief requested is hereby denied without 

prejudice. Any additional relief in the form of relief 

from the automatic stay or from the injunctive 

provisions of the Commonwealths plan of adjustment must 

be requested by separate motion. Signed by Judge Laura 

Taylor Swain on 8/14/2023. (sc) (Entered: 08/14/2023).”

WHEREFORE, Creditor Robert Anel Díaz-Morales respectfully

informs the foregoing and requests that the Honorable Court and 

the Clerk take note that ECF No. 24878 was correctly and timely 

filed using the EM/CMF, that the defective notice of pleading deals 

only with filing of the paper copy of the Response, and it is 

unnecessary to refile it as it would be duplicative of ECF No. 

24878. Nonetheless, the paper copy of the Response stamped as filed 

and received at 3:40 p.m., on August 14, 2023, is also 

electronically filed as an Exhibit to this Motion. 

VERY RESPECTFULLY SUBMITTED.

In San Juan, Puerto Rico, on August 15, 2023.

IT IS HEREBY CERTIFIED that the foregoing was filed with the 

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

notification electronically to all attorneys of record.

[Signatures on next page.]

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SALDAÑA, CARVAJAL & VÉLEZRIVÉ, PSC

166 Ave. de la Constitución

San Juan, Puerto Rico 00901

Tel: (787) 289-9250

Fax: (787) 289-9253

Cel: (787) 402-5670

s/Ángel E. Rotger-Sabat

ÁNGEL E. ROTGER-SABAT

USDC-PR No.208601

arotger@scvrlaw.com

COTO & ASSOCIATES

P O Box 71449

San Juan, P.R. 00936-8549

Tel: (787) 756-9640

Fax: (787) 756-9641

s/Ramón Coto-Ojeda

RAMON COTO-OJEDA

USDC-PR No. 202006

rco@crlawpr.com

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