UNITED STATES DISTRICT COURT

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)

RE: ECF No. 2858

JOINT INFORMATIVE MOTION SUBMITTING STATUS REPORT

REGARDING MEMORANDUM AND ORDER DATED APRIL 6, 2018

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

The Financial Oversight and Management Board for Puerto Rico (the “Oversight 

Board”), as representative of the Commonwealth of Puerto Rico (the “Commonwealth”) in this 

Title III case pursuant to section 315(b) of the Puerto Rico Oversight, Management, and 

Economic Stability Act (“PROMESA”),2 and Gladys García Rubiera, as lead plaintiff on behalf 

of a certified class (collectively, the “Movants”) in the class action lawsuits captioned Gladys 

García Rubiera, et al. v. Hon. Luis G. Fortuño, et al., Case No. 02-1179 (GAG), pending before 

the United States District Court for the District of Puerto Rico, and Gladys García Rubiera, et 

 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 

4780-LTS) (Last Four Digits of Federal Tax ID: 3747). (Title III case numbers are listed as Bankruptcy Case 

numbers due to software limitations).

2 PROMESA is codified at 48 U.S.C. §§ 2101-2241.

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al., v. Asociación de Suscripción Conjunta, et al., Civil Number K DP2001-1441 pending before 

the Puerto Rico Court of First Instance (collectively, the “Lawsuits”), hereby file this joint status 

report in the form of an informative motion pursuant to the Court’s Memorandum Order 

Granting In Part And Denying In Part Motion Requesting Relief From Stay Under Section 

362(d)(1) of the Bankruptcy Code (Docket Entry No. 2434) [ECF No. 2858].

A. How the claim process established by the Stipulations should be coordinated with the 

general proof of claim submission and bar dates mechanisms in these Title III cases.

i. Movants’ position:

Plaintiffs’ position is that a Proof of Claim should be signed by the representatives of the 

class and the attorney for the class and filed before the bar date, May 29th, 2018 for the total 

amount owed to the class and separately for the amount of attorney’s fees. Plaintiffs’ proposes

that the bar date for the members of the class to file individual Proof of Claim should be 

extended for a period of two (2) years after adequate final notice is given pursuant to the 

stipulations.

ii. Oversight Board’s Position:

The Oversight Board agrees that a single proof of claim may be submitted by the 

representatives of the certified class in the Lawsuits. The Oversight Board does not believe 

individual class members should be required to file individual proofs of claim, as the underlying 

claim(s) can be adjudicated or settled on their behalf through the class representatives. 

B. Whether claims arising from premiums paid from 2006 to 2010, and related attorney’s 

fees claims, should be treated in the same fashion as pre-2006 claims.

i. Movants’ position:

Although Plaintiffs ‘class considers that all refunds are not part of the estate of debtor and 

without prejudice to their appeal, which they have already filed, they consider that the refunds 

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corresponding to the year 2006 to 2010 and the share of attorney’s fees should be treated in the 

same fashion as pre-2006 premiums, as the 2006-2010 premiums were not escheated and remain 

the property of the Plaintiffs’ class.

ii. Oversight Board’s Position:

The Oversight Board asserts all the applicable funds subject to the Lawsuits, whenever 

received by the Commonwealth, are property of the Commonwealth not subject to any property 

right or interest of the Movants. As such, the claims of the Movants asserted in the Lawsuits 

are general, unsecured, prepetition litigation claims against the Commonwealth that will be 

treated accordingly in the Commonwealth’s Title III plan of adjustment, and all members of the 

certified class should receive the same treatment regardless of the timing of the respective 

payments to the Commonwealth.

[Signature page follows]

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Dated: May 1, 2018

 San Juan, Puerto Rico

Respectfully submitted,

/s/ Hermann 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 (pro hac vice) 

Brian S. Rosen (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 

Email: brosen@proskauer.com

Attorneys for the Financial Oversight and 

Management Board for Puerto Rico, as the 

representative of the Commonwealth of 

Puerto Rico

s/ Antonio J. Amadeo Murga 

USDC-PR No. 110103 

A.J. AMADEO MURGA LAW OFFICES 

1225 Ponce de León, Ave. 

Ste. 904 

San Juan, PR 00907 

Tel. (787)764-0893 

ajaamadeo@gmail.com 

s/ Mario M. Oronoz Rodríguez

USDC-PR No. 120606

ORONOZ & ORONOZ

Urb. Torrimar, K-4 Bambú St.

Guaynabo, PR 00966-3109

Tel. (787)294-5255

mmo@oronozlaw.com

Attorneys for the Movants

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