UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF PUERTO RICO

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

In re:

THE FINANCIAL OVERSIGHT AND 

MANAGEMENT BOARD FOR PUERTO RICO,

as representative of 

THE COMMONWEALTH OF PUERTO RICO, et al.,

Debtors.1

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

PROMESA

Title III

No. 17 BK 3283-LTS

(Jointly Administered)

DEBTORS’ URGENT UNOPPOSED MOTION 

FOR LEAVE TO FILE OBJECTION UNDER SEAL

To the Honorable United States Magistrate Judge Judith G. Dein:

The Commonwealth of Puerto Rico (the “Commonwealth”), the Puerto Rico Sales Tax 

Financing Corporation (“COFINA”), the Puerto Rico Highways and Transportation Authority 

(“HTA”), the Employees Retirement System of the Government of the Commonwealth of Puerto 

Rico (“ERS”), and the Puerto Rico Electric Power Authority (“PREPA,” and together with the 

Commonwealth, COFINA, and HTA, the “Debtors”), by and through the Financial Oversight 

and Management Board for Puerto Rico (the “Oversight Board”), as the Debtors’ representative 

pursuant to section 315(b) of the Puerto Rico Oversight, Management, and Economic Stability 

 1 The Debtors in these title III cases, along with each Debtor’s respective title III case number 

listed as a bankruptcy case number due to software limitations 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) 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), (iii) Puerto Rico Highways and Transportation Authority (“HTA”) (Bankruptcy Case 

No. 17-BK- 3567 (LTS)) (Last Four Digits of Federal Tax ID: 3808), and (iv) Puerto Rico 

Sales Tax Financing Corporation (“COFINA”) (Bankruptcy Case No. 17-BK-3284 (LTS)) 

(Last Four Digits of Federal Tax ID: 8474); and (v) Puerto Rico Electric Power Authority 

(“PREPA”) (Bankruptcy Case No. 17 BK 4780-LTS) (Last Four Digits of Federal Tax ID: 

3747).

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Act (“PROMESA”),2 hereby submits this Urgent Unopposed Motion to For Leave to File 

Objection Under Seal (“Urgent Motion”) seeking entry of an order permitting Debtors to (1) 

publicly file, with confidential information redacted, Debtors’ objection (along with 

accompanying exhibits) to the Renewed Motion of Official Committee of Unsecured Creditors 

for Entry of Order, Under Bankruptcy Rule 2004, Authorizing Discovery Program With Respect 

to Certain Causes of Puerto Rico Financial Crisis Beginning on August 15, 2018 [ECF. No. 

3066] (the “Renewed Motion”) of the Official Committee of Unsecured Creditors (the “UCC”);

and (2) file unredacted version of the objection under seal.

Jurisdiction and Venue

1. The United States District Court for the District of Puerto Rico (the “Court”) has 

subject matter jurisdiction over this matter pursuant to PROMESA section 306(a).

2. Venue is proper pursuant to PROMESA section 307(a).

3. The statutory basis for the relief requested herein is found in sections 105(a) of 

the Bankruptcy Code and Bankruptcy Rule 9018, made applicable to the title III cases by 

sections 301(a) and 310 of PROMESA, and Local Rule 9018-1 of the Local Bankruptcy Rules 

for the United States Bankruptcy Court for the District of Puerto Rico (the “Local Rules”).

Relief Requested

4. On May 15, 2018, the UCC publicly filed a redacted version of the Renewed 

Motion. That same day, the UCC filed an urgent, unopposed motion to file a full, unredacted 

version of the Renewed Motion under seal. ECF No. 3067. The Court entered an order granting 

the motion to seal on May 17, 2018. ECF No. 3085.

 2 PROMESA has been codified in 48 U.S.C. §§ 2101–2241.

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5. Pursuant to the Fourth Amended Case Management Procedures [ECF No. 2839-

1], the Debtors’ objection to the Renewed Motion (the “Objection”) is due this Tuesday, May 22, 

2018 at 4:00 p.m. AST. 

6. The full, unredacted version of the Objection contains information regarding the 

ongoing investigation being performed by the independent investigator (the “Independent 

Investigator”) retained by the Oversight Board. That information is subject to numerous 

nondisclosure and confidentiality agreements and concerns matters which would impact the 

integrity of the investigative process. As such, while the Debtors oppose the substantive relief 

sought by the UCC in the Renewed Motion, the parties agree that the full, unredacted version of 

the Objection should be filed under seal and only the redacted version of the Objection be kept in 

the public file. 

7. The Debtors accordingly request that the Court grant the Urgent Motion and allow 

the Debtors to file under seal the full, unredacted version of the Objection. See Bankruptcy Rule 

9018 (the court may “make any order which justice requires” in order to, among other things, 

“protect the estate or any entity in respect of a trade secret or other confidential research, 

development, or commercial information” or to “protect governmental matters that are made 

confidential by statute or regulation”). Copies of the full, unredacted Objection may be shared 

only with the Debtors, UCC, Official Committee of Retirees and Puerto Rico Fiscal Agency and 

Financial Advisory Authority (“AAFAF”).

Certification in Compliance with 

the Fourth Amended Case Management Procedures and Local Rule 9013-1

8. Pursuant to Local Rule 9013-1 and paragraph I.H of the Fourth Amended Case 

Management Procedures, the Debtors hereby certify that they have (a) carefully examined the 

matter and concluded that there is a true need for an urgent hearing; (b) not created the urgency 

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through any lack of due diligence; (c) made a bona fide effort to resolve the matter without a 

hearing; (d) made reasonable, good-faith communications in an effort to resolve or narrow the 

issues that are being brought to the Court; and (e) counsel for Defendants have conferred with 

counsel for UCC, and the UCC does not oppose the relief requested herein. 

9. No previous request for the relief sought herein has been made by the Debtors to 

this or any other court.

WHEREFORE the Debtors respectfully request that the Court enter an order permitting 

them to file certain materials under seal. 

[Remainder of page intentionally left blank]

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Dated: May 21, 2018

San Juan, Puerto Rico /s/ Herman D. Bauer 

Hermann D. Bauer

USDC No. 215205

O’NEILL & BORGES LLC

250 Muñoz Rivera Ave., Suite 800

San Juan, PR 00918-1813

Tel: (787) 764-8181

Fax: (787) 753-8944

Email: hermann.bauer@oneillborges.com

Martin J. Bienenstock

Paul V. Possinger

Ehud Barak

Maja Zerjal

(admitted pro hac vice)

PROSKAUER ROSE LLP

Eleven Times Square

New York, NY 10036

Tel: (212) 969-3000

Fax: (212) 969-2900

Email: mbienenstock@proskauer.com

 ppossinger@proskauer.com

 ebarak@proskauer.com

 mzerjal@proskauer.com

Timothy W. Mungovan (pro hac vice)

PROSKAUER ROSE LLP

One International Place

Boston, MA 02110

Tel: (617) 526-9600

Fax: (617) 526-9899

Email: tmungovan@proskauer.com 

Attorneys for The Financial Oversight and 

Management Board for Puerto Rico, and The 

Financial Oversight and Management Board 

for Puerto Rico as representative of The 

Commonwealth of Puerto Rico 

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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 notifications of such filing to all 

CM/ECF participants in this case.

/s/ Herman D. Bauer 

Hermann D. Bauer

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Exhibit A

Proposed Order

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UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF PUERTO RICO

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

In re:

THE FINANCIAL OVERSIGHT AND 

MANAGEMENT BOARD FOR PUERTO RICO,

as representative of 

THE COMMONWEALTH OF PUERTO RICO, et al.,

Debtors.1

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

PROMESA

Title III

No. 17 BK 3283-LTS

(Jointly Administered)

ORDER GRANTING DEBTORS URGENT

UNOPPOSED MOTION FOR LEAVE TO FILE OBJECTION UNDER SEAL

Upon consideration of the Debtors’ Urgent Unopposed Motion to File Objection 

Under Seal (the “Urgent Motion”),2 the Court hereby FINDS AND DETERMINES that (i) 

the Court has jurisdiction to consider the Urgent Motion and the relief requested therein 

pursuant to PROMESA section 310; (ii) venue is proper before this Court pursuant to 

PROMESA section 307(a); (iii) due and proper notice of this Urgent Motion has been 

provided under the particular circumstances and no other or further notice need be provided; 

(iv) based on the statements and arguments made in the Urgent Motion, the Court finds that 

 1 The Debtors in these title III cases, along with each Debtor’s respective title III case number 

listed as a bankruptcy case number due to software limitations 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) 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), (iii) Puerto Rico Highways and Transportation Authority (“HTA”) (Bankruptcy Case 

No. 17-BK- 3567 (LTS)) (Last Four Digits of Federal Tax ID: 3808), and (iv) Puerto Rico 

Sales Tax Financing Corporation (“COFINA”) (Bankruptcy Case No. 17-BK-3284 (LTS)) 

(Last Four Digits of Federal Tax ID: 8474); and (v) Puerto Rico Electric Power Authority 

(“PREPA”) (Bankruptcy Case No. 17 BK 4780-LTS) (Last Four Digits of Federal Tax ID: 

3747).

2 Capitalized terms not defined herein shall have the same meaning given to them in the 

Objection.

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it is appropriate for the Debtors to file under seal an unredacted version of the Objection. 

Accordingly, it is hereby ORDERED THAT:

1. The Debtors are authorized to file under seal an unredacted version of 

the Objection.

2. The Clerk of Court will provide the Debtors, the UCC, the Official Committee 

of Retirees, and Puerto Rico Fiscal Agency and Financial Advisory Authority (“AAFAF”)

access to the sealed materials through their counsel ofrecord.

Dated: May , 2018

HON. JUDITH G. DEIN

UNITED STATES MAGISTRATE JUDGE

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