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 

Re: ECF Nos. 3019, 3777

(Jointly Administered) 

In re: 

THE FINANCIAL OVERSIGHT AND 

MANAGEMENT BOARD FOR PUERTO RICO, 

as representative of

THE COMMONWEALTH OF PUERTO RICO, 

Debtor.

PROMESA 

Title III 

No. 17 BK 3283-LTS 

This Urgent Motion relates to the 

Commonwealth, HTA, and 

PREPA, and shall be filed in Case 

Nos. 17 BK 3283-LTS, 17 BK 3567-

LTS, and 17 BK 4780-LTS.

In re: 

THE FINANCIAL OVERSIGHT AND 

MANAGEMENT BOARD FOR PUERTO RICO, 

as representative of

PUERTO RICO HIGHWAYS AND 

TRANSPORTATION AUTHORITY (“HTA”), 

PROMESA 

Title III 

No. 17 BK 3567-LTS 

 

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).

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Debtor.

In re: 

THE FINANCIAL OVERSIGHT AND 

MANAGEMENT BOARD FOR PUERTO RICO, 

as representative of

PUERTO RICO ELECTRIC POWER AUTHORITY, 

Debtor.

PROMESA 

Title III 

No. 17 BK 4780-LTS 

SECOND URGENT CONSENTED MOTION FOR EXTENSION OF DEADLINES

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

The Commonwealth of Puerto Rico (the “Commonwealth”)2and the Puerto Rico Fiscal 

Agency and Financial Advisory Authority (“AAFAF”), on behalf of the Puerto Rico Electric 

Power Authority (“PREPA”) and the Puerto Rico Highways and Transportation Authority (“HTA”

and together with PREPA and the Commonwealth, the “Debtors”), pursuant to the authority 

granted to it under the Enabling Act of the Fiscal Agency and Financial Advisory Authority, Act 

2-2017, respectfully submit this urgent consented motion for extension of deadlines, substantially 

in the form attached hereto as Exhibit A (the “Proposed Order”), extending the deadlines set forth 

in the Order Extending Deadlines Regarding Hearing Request and Reply Filed by the Autonomous 

Municipality of Ponce [Case No. 17 BK 3283, ECF No. 3777] (the “Amended Scheduling Order”).

 

2

 The Financial Oversight and Management Board for Puerto Rico, as the Debtors’ representative pursuant to section 

315(b) of the Puerto Rico Oversight, Management, and Economic Stability Act (“PROMESA”), has authorized the 

Department of Justice to file this Urgent Motion on behalf of the Commonwealth and AAFAF to join in this Urgent 

Motion on behalf of HTA and PREPA. 

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Request for Relief

1. On May 4, 2018, the Autonomous Municipality of Ponce (“Movant”) filed the 

Motion for Partial Lift of Stay [Case No. 17 BK 32830, ECF No. 3019] (the “Motion), seeking 

relief from the automatic stay to allow the case captioned Municipio de Ponce v. ACT, et al., Case 

No. JAC1993-0485 (the “Prepetition Action”), before the Puerto Rico Court of First Instance to 

proceed, except for any evidentiary hearing on damages, and for the judgment entered on June 24, 

1996 in the Prepetition Action (the “Prepetition Judgment”) to be enforced, except for any 

judgment or settlement for damages. Motion ¶¶ 9, 15.

2. On July 5, 2018, the Commonwealth filed the Objection of the Commonwealth to 

Motion for Partial Lift of Stay filed by Autonomous Municipality of Ponce Stay [Case No. 17 BK 

32830, ECF No. 3439] (the “Commonwealth Objection”) arguing, among other things, that the 

enforcement of the Prepetition Judgment would require that the Commonwealth expend over $100 

million. 

3. On that same date, PREPA, through AAFAF, filed the Joinder of the Puerto Rico 

Fiscal Agency and Financial Advisory Authority on Behalf of the Puerto Rico Electric Power 

Authority to Objection of the Commonwealth to Motion for Partial Lift of Stay Filed by 

Autonomous Municipality of Ponce [Case No. 17 BK 4780, ECF No. 898]. PREPA joined the 

Commonwealth Objection and indicated that enforcement of the Prepetition Judgment would 

require it to spend approximately $16 million. 

4. On July 20, 2018, HTA, through AAFAF, filed the Joinder of the Puerto Rico 

Fiscal Agency and Financial Advisory Authority on Behalf of the Puerto Rico Highways and 

Transportation Authority to Objection of the Commonwealth to Motion for Partial Lift of Stay 

Filed by Autonomous Municipality of Ponce [Case No. 17 BK 32830, ECF No. 3661; Case No. 17 

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BK 3567, ECF No. 471]. HTA joined the Commonwealth Objection and indicated that 

enforcement of the Prepetition Judgment would require it to spend approximately tens of thousands 

of dollars annually to fund of a court-appointed monitor pursuant to the Prepetition Judgment. 

5. On August 3, 2018, Movant filed the Omnibus Reply to Opposition to Motion 

Requesting Lift of Stay [Case No. 17 BK 32830, ECF No. 3735] (the “Reply”). 

6. On that same date, Movant also filed the Motion Requesting Hearing on 362 Lifting 

of the Stay [Case No. 17 BK 3283, ECF No. 3736] (the “Motion Requesting Hearing”) requesting 

that the Court enter an order scheduling an evidentiary hearing to consider the Motion. 

7. On August 9, 2018 the Court entered a Scheduling Order Regarding Hearing 

Request and Reply filed by the Autonomous Municipality of Ponce Case [No. 17 BK 3283, ECF 

No. 3755, Case No. 17 BK 3567, ECF No. 482 and Case No. 17 BK 4780, ECF No. 937] (the

“Scheduling Order”) , which provided that: (i) responses to the issues addressed in Section II and 

III of the Reply and (ii) Debtors’ positions as to the Motion Requesting Hearing had to be filed by 

August 15, 2018 at 5:00 p.m. The Scheduling Order also directed the Debtors and Movant to meet 

and confer and to submit a joint status report by August 21, 2018 at 5:00 pm. 

8. On August 15, 2018, the Debtors filed an Urgent Consented Motion for Extension 

of Deadlines [No. 17 BK 3283, ECF No. 3773, Case No. 17 BK 3567, ECF No. 483 and Case No. 

17 BK 4780, ECF No. 938] requesting additional time as the Debtors were in the process of 

reviewing the pertinent information regarding the facts and issues raised in the Reply. 

9. On August 16, 2018, the Court entered the Amended Scheduling Order extending 

the deadlines for the Debtors to file the responses to the Reply and to the Motion Requesting 

Hearing to August 24, 2018 at 5:00 pm. The Amended Scheduling Order also extended the 

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deadline for the Debtors and Movant to meet and confer and file the joint status report to August 

30, 2018 at 5:00 pm. 

10. The Debtors have obtained a majority of the pertinent information regarding the 

facts and issues raised in the Reply; however, the Debtors continue to work with the relevant 

Commonwealth agencies to obtain certain remaining, relevant information. In addition, to address 

the new arguments raised by Movant in the Reply, it is necessary for the Debtors to obtain and 

review translations of various documents in Spanish, including the voluminous Prepetition 

Judgment and related decision of the Puerto Rico Supreme Court. 

11. Accordingly, the Debtors need additional time to obtain said translations and

submit their responses to the Reply. In consideration of the foregoing, the Debtors request the 

following extensions of the deadlines set forth in the Amended Scheduling Order: 

• The deadline to file responses to the Reply and the Motion Requesting Hearing, shall be 

extended to September 10, 2018. 

• The deadline for Movant and the Debtors to file the joint status report shall be extended 

to September 14, 2018. 

12. The Debtors discussed this request with counsel for the Movant who consented to 

the relief requested herein. 

13. Pursuant to Paragraph 1.H of the Fifth Amended Notice, Case Management and 

Administrative Procedures [Case No. 17 BK 3283, ECF No. 3730-1] (the “Case Management 

Procedures”), the Debtors hereby certify that they have carefully examined the matter and 

concluded that there is a true need for an urgent motion; they have not created the urgency through 

any lack of due diligence; have made a bona fide effort to resolve the matter without a hearing; 

have made reasonable, good-faith communications in an effort to resolve or narrow the issues that 

are being brought to the Court, and no party opposes the relief requested herein.

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Notice

14. The Debtors have provided notice of this motion in accordance with the Case 

Management Procedures to the following parties: (a) the Office of the United States Trustee for 

the District of Puerto Rico; (b) the indenture trustees and/or agents, as applicable, for the Debtors’ 

bonds; (c) the entities on the list of creditors holding the 20 largest unsecured claims against 

COFINA; (d) counsel to the statutory committees appointed in these Title III cases; (e) the Office 

of the United States Attorney for the District of Puerto Rico; (f) counsel to the Oversight Board; 

(g) the Puerto Rico Department of Justice; (h) the Other Interested Parties;3(i) all parties filing a 

notice of appearance in these Title III cases; and (j) Movant. A copy of the motion is also available 

on the Debtors’ case website at https://cases.primeclerk.com/puertorico/.

15. The Debtors submit that, in light of the nature of the relief requested, no other or 

further notice need be given. 

WHEREFORE, the Debtors respectfully request the Court enter the Proposed Order and 

grant such other relief as is just and proper. 

Dated: August 24, 2018 

San Juan, Puerto Rico 

 

3 The “Other Interested Parties” include the following: (i) counsel to certain of the insurers and trustees of the bonds 

issued or guaranteed by the Debtors; and (ii) counsel to certain ad hoc groups of holders of bonds issued or 

guaranteed by the Debtors. 

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Respectfully submitted, 

WANDA VÁZQUEZ GARCED 

Secretary of Justice

/s/ Wandymar Burgos Vargas

WANDYMAR BURGOS VARGAS

USDC 223502

Deputy Secretary in Litigation

Department of Justice

P.O. Box 9020192

San Juan, Puerto Rico 00902-0192

Phone: 787-721-2940 Ext. 2500, 2501

wburgos@justicia.pr.gov

Attorneys for the Commonwealth of Puerto 

Rico

/s/Luis C. Marini-Biaggi

Luis C. Marini-Biaggi

USDC No. 222301 

Email: lmarini@mpmlawpr.com

/s/Carolina Velaz-Rivero

Carolina Velaz-Rivero

USDC No. 300913

Email: cvelaz@mpmlawpr.com

MARINI PIETRANTONI MUÑIZ LLC

MCS Plaza, Suite 500

255 Ponce de León Ave.

San Juan, Puerto Rico 00917

Tel: (787) 705-2171

Fax: (787) 936-7494

Attorneys for the Puerto Rico Fiscal 

Agency and Financial Advisory Authority

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/s/ Kevin D. Finger_________

Nancy A. Mitchell (Admitted Pro Hac Vice)

Nathan A. Haynes (Admitted Pro Hac Vice)

Greenberg Traurig LLP

MetLife Building

200 Park Avenue

New York, NY 10166

Tel: (212) 801-9200

Fax: (212) 801-6400

Email: mitchelln@gtlaw.com

haynesn@gtlaw.com

David D. Cleary (admitted pro hac vice)

Kevin D. Finger (admitted pro hac vice)

Greenberg Traurig, LLP

77 West Wacker Drive

Suite 3100

Chicago, IL 60601

Tel: (312) 456-8400

Fax: (312) 456-8435

Email: clearyd@gtlaw.com

fingerk@gtlaw.com

Joseph P. Davis III (admitted pro hac vice)

Greenberg Traurig, LLP

One International Place, Suite 2000

Boston, MA 02110

Tel: (617) 310-6000

Fax: (617) 310-6001

Email: davisjo@gtlaw.com

Attorneys for Puerto Rico Fiscal Agency and 

Financial Advisory Authority

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/s/ Arturo Diaz-Angueira 

Arturo Diaz-Angueira 

USDC No. 117907

adiaz@cnrd.com

/s/ Katiuska Bolaños-Lugo

Katiuska Bolaños-Lugo

USDC No. 231812

kbolanos@cnrd.com

CANCIO, NADAL, RIVERA & DIAZ, 

PSC 

403 Muñoz Rivera Ave.

San Juan, PR 00918-3345

Tel: (787) 767-9625

Fax: (787) 622-2230

Attorneys for the Puerto Rico Electric 

Power Authority

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Exhibit A

Proposed Order

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