1

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.

NO. 17-BK-3283 (LTS)

Re: ECF No. 2697

PROMESA TITLE III

MOTION IN COMPLIANCE WITH ORDER OF MARCH 9TH, 2018 AND REQUEST 

FOR AN EXTENSION OF TIME

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

NOW COME plaintiffs’ certified class in cases 02-1179 (GAG) Gladys García 

Rubiera, et al. v. Hon. Luis G. Fortuño, et al; and Gladys García Rubiera, et al, v. 

Asociación de Suscripción Conjunta, et al, Civil Number K DP2001-1441 (801), 

represented by the undersigned counsel and respectfully prays as follow:

1. The subscribing counsel has received an Order dated March 9, 2018 on this day,

March 12th of 2018 around 4:30pm. We have also received an email from the attorney 

of the Commonwealth, Claudia A. Juan García, Esq., inviting counsel to confer as per 

Order of the Honorable Court.

2. Unfortunately, counsel for the plaintiff, Antonio J. Amadeo Murga, is departing to 

Tampa, FL at 10:36am to celebrate his 82nd birthday with his sons who live there. 

Flight information is attached. A telephone meeting is being tried to be arranged

between counsel for the parties for tomorrow from 4:00pm to 6:00pm.

Case:17-03283-LTS Doc#:2706 Filed:03/12/18 Entered:03/12/18 18:34:47 Desc: Main

Document Page 1 of 4
2

3. On the other hand, counsel Mr. Mario Oronoz is leaving to Spain on March 14th, 2018 

and will return on April 2nd, 2018.

4. Therefore, it is the request of plaintiff that the term to file Supplemental Brief for the 

four (4) points Ordered by this Honorable Court, be extended from March 16th to March 

23rd by 5:00pm (AST), and that the March 23rd deadline be extended to March 28th.

5. Subscribing counsel Antonio J. Amadeo Murga cannot responsibly comply with the 

Order of the Honorable Court by March 16th, without upsetting and cancel traveling 

plans and family activities previously programmed. Neither co-counsel Mr. Mario 

Oronoz would be available, as we stated on paragraph three (3).

6. Nevertheless, subject to the above, we are in a position to advance the following 

information as to the four (4) points contained in the Order:

(i) whether and to what extent the Commonwealth has “established and 

complied with” a constitutionally sufficient notice and reimbursement 

procedure consistent with the 2013 First Circuit decision, Garcia-Ruberia v. 

Fortuno, 772 F.3d 102 (1st Cir. 2013);

The Commonwealth has not complied with the constitutional sufficient notice of 

reimbursement procedures consistent with the 2013 First Circuit Court decision. 

Although, a constitutionally sufficient notice was agreed in civil case K DP2001-

1441(801), the Commonwealth has not complied with the procedure agreed therein. 

Partly because of the stay granted under PROMESA.

(ii) whether and to what extent there remain potential refund monies that have 

neither been claimed nor escheated pursuant to Act 230;

There remain potential refund monies that neither have been claimed due to the 

Case:17-03283-LTS Doc#:2706 Filed:03/12/18 Entered:03/12/18 18:34:47 Desc: Main

Document Page 2 of 4
3

lack of notice nor escheated pursuant to Act 230. The parties agreed that all 

reimbursements due from 1998 to 2010 could be claimed and have not been 

escheated. See Stipulation in case 02-1179 (GAG) Gladys García Rubiera, et al. v. 

Hon. Luis G. Fortuño, et al, dated February 28, 2016. See also García Rubiera v. 

Fortuño, 727 F 3d. 102, 105 (2013).

(iii) whether any such funds have been held apart from the Commonwealth’s 

General Fund for application to liabilities under the class settlement;

During the negotiations that led to the Stipulation and Judgment, the attorneys for 

the Commonwealth represented that the funds were segregated for accounting 

purposes. 

(iv) whether partial relief from stay to permit the parties to seek determinations 

from the district court on any or all of these issues is appropriate.

In our opinion, there is no need to seek a determination form the District Court in 

any of the issues. Nevertheless, if the Honorable Court considers that any matter 

should be clarified by the District Court, we would have no objection.

WHEREFORE it is that we respectfully request form the Honorable Court that this 

Honorable Court may EXTEND the deadline from March 16th, 2018 5:00pm (AST) to 

March 23th, 2018 5:00pm (AST) to comply with the Supplemental Brief and declarations

of plaintiffs on the four (4) issues Ordered by the Honorable Court and EXTEND to March 

28th, 2018 the Supplemental Simultaneous Replies.

RESPECTFULLY SUBMITTED 

Case:17-03283-LTS Doc#:2706 Filed:03/12/18 Entered:03/12/18 18:34:47 Desc: Main

Document Page 3 of 4
4

CERTIFICATE OF SERVICE

I hereby certify that, on March 12th, 2018, 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 

counsel of record and parties in the Master Service List. 

In San Juan, Puerto Rico, March 12th, 2018.

s/ Antonio J. Amadeo Murga s/ Mario M. Oronoz Rodríguez

USDC-PR No. 110103 USDC-PR No. 120606

A.J. AMADEO MURGA LAW OFFICES ORONOZ & ORONOZ

1225 Ponce de León, Ave. Urb. Torrimar, K-4 Bambú St.

Ste. 904 Guaynabo, PR 00966-3109

San Juan, PR 00907 Tel. (787)294-5255 

Tel. (787)764-0893 mmo@oronozlaw.com

ajaamadeo@gmail.com

Case:17-03283-LTS Doc#:2706 Filed:03/12/18 Entered:03/12/18 18:34:47 Desc: Main

Document Page 4 of 4