Exhibit 1

Parties and Actions Granted Modification of the Title III Stay

Case:17-03283-LTS Doc#:3326-1 Filed:06/20/18 Entered:06/20/18 13:53:37 Desc:

Exhibit Parties and Actions Granted Modification of the Title III Stay Page 1 of 7
TITLE III STAY MODIFICATIONS AGREED TO BY THE DEBTORS

FROM APRIL 21, 2018 THROUGH JUNE 19, 2018

CASE 

INFORMATION MOVANT DEBTOR BRIEF DESCRIPTION OF THE MODIFICATION STIPULATION DATE

1. Vargas Moya v. 

Administración 

Sistemas de Retiro de 

los Empleados del 

Gobierno y la 

Judicatura (In re 

Vargas Moya), Adv. 

Proceeding No. 16-

0087-ESL, U.S. 

Bankruptcy Court for 

District of P.R.

Adversary 

Proceeding related to 

enforcement of 

statutory lien 

David Vargas Moya and 

Sandra Ramírez Pérez

ERS The Title III Stay is hereby modified solely to the limited 

extent necessary to allow ERS to pay Movants the 

Settlement Amount in accordance with the Prepetition 

Stipulation within 14 days of execution of this Stipulation 

and to allow the Bankruptcy Court to consider the pending 

summary judgment motions in the Prepetition Action 

regarding: (1) whether ERS has a statutory lien over the 

totality of David Vargas Moya’s retirement funds and 

benefits- including future funds or contributions made by 

Mr. Moya to the retirement system, or if the statutory lien 

only applies to the retirement funds accumulated up to the 

filing of the Mr. Moya’s bankruptcy petition on March 12, 

2012, and (2) whether any portion of ERS’s claim shall be 

discharged in Movants’ bankruptcy case, provided, however, 

the Title III Stay shall continue to apply in all other respects 

to the Prepetition Action including, but not limited to, the 

execution and enforcement of any judgment, and any claims 

for money damages, and provisional remedies against ERS 

or any other Title III Debtor. 

Executed by 

ERS on May 1, 

2018, and 

returned and 

executed by 

Movant on May 

15, 2018

2. Rivera-Quiñones et 

al v. Department of 

Education of Puerto 

Rico, Civil No. 16-

2171 (BJM), U.S. 

District Court for 

District of P.R.

IDEA Action 

(attorney’s fees)

AVR (a minor) and her 

mother, Ms. Widallys 

Rivera-Quiñones

Commonwealth The Title III Stay is hereby modified solely to the limited 

extent necessary (i) to allow the pending claim against the 

Commonwealth under Title II of the ADA to be dismissed, 

with prejudice, in the Prepetition Action, and (ii) to permit 

the Prepetition Action to proceed to judgment to determine 

the amount of attorney’s fees under the IDEA and allow

Movants to enforce any judgment entered by the District 

Court to collect such attorney’s fees; provided, however, the 

Title III Stay shall continue to apply in all other respects to 

the Prepetition Action including, but not limited to, the 

execution and enforcement of any judgment for damages and 

provisional remedies.

May 2, 2018

3. Lirisbeth Mercado- Lirisbeth Mercado-Nieves Commonwealth In the interest of justice and without conceding or admitting May 9, 2018

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Exhibit Parties and Actions Granted Modification of the Title III Stay Page 2 of 7
CASE 

INFORMATION MOVANT DEBTOR BRIEF DESCRIPTION OF THE MODIFICATION STIPULATION DATE

Nieves and on behalf 

of IVM. v. 

Department of 

Education, Civil No. 

18-1035 (JAG), U.S. 

District Court for 

District of P.R.

IDEA Action 

(attorney’s fees)

and her minor daughter, 

I.V.M.

liability, the Parties have agreed to settle all matters related 

to Movants’ claims under section 1415(i)(3)(B) of IDEA for 

the recovery of the attorney’s fees and taxable costs spent in 

the litigation of the Prepetition Action.

The Title III Stay is hereby modified solely to the limited 

extent necessary to allow Movants to enforce this Stipulation 

and seek payment of the Settlement Amount from the 

Commonwealth; provided, however, the Title III Stay shall 

continue to apply in all other respects to the Prepetition 

Actions including, but not limited to, the execution and 

enforcement of any judgment for damages and provisional 

remedies.

4. Carmencita Pérez v. 

ELA, Case No. 

FAC2015-2267, 

Puerto Rico Court of 

First Instance

Forfeiture Action

Mercedes-Benz Financial 

Services

Commonwealth The Title III Stay is hereby modified solely to the limited 

extent necessary to allow the Forfeiture Action to proceed to 

judgment in the ordinary course in accordance with the UFA 

and, if judgment is entered in Movant’s favor, to allow

Movant to pursue remedies against the Commonwealth 

under section 19 of the UFA.

May 10, 2018

5. Norberto Tomassini 

Arce y otros v 

Administracion de 

Correccion and Ivan 

Ayala y otros v 

Administracion de 

Correccion, 

KLAN2016-01283, 

Puerto Rico Court of 

Appeals

Employment Action

(wage and hours)

A group of Correctional 

Officers that are plaintiffs 

in the consolidated cases: 

Norberto Tomassini Arce, 

Et Als. v. Administracion 

De Correccion and Ivan 

Ayala, Et Als. v. 

Administracion De 

Correccion, Civil No. 

KLAN2016-01283

Commonwealth The Title III Stay is hereby modified solely to the limited 

extent necessary to allow the Case No. KLAN 2016-01283, 

pending before the Puerto Rico Court of Appeals to proceed 

to judgment before the Puerto Rico Court of Appeal and for 

judgment to be rendered by the Puerto Rico Court of Appeal; 

provided, however, the Title III Stay shall continue to apply 

in all other respects to the Prepetition Action including, but 

not limited to, the execution and enforcement of any 

judgment and any claims for money, money damages and 

provisional remedies against the Commonwealth or any 

other Title III Debtor.

May 10, 2018

6. Puerto Rico Electric Sucesión Sastre Wirshing PREPA Modification of the stay to the limited extent necessary to May 10, 2018

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Exhibit Parties and Actions Granted Modification of the Title III Stay Page 3 of 7
CASE 

INFORMATION MOVANT DEBTOR BRIEF DESCRIPTION OF THE MODIFICATION STIPULATION DATE

Power Authority v. 

Sucesión Sastre 

Wirshing, et. al., civil 

case no. KEF2004-

1226, and Miguel 

Pedro Sastre 

Wirshing, et. al. v. 

Puerto Rico Electric 

Power Authority, et. 

al., Civil Case No. 

KAC2011-0384, 

Puerto Rico Court of 

First Instance, San 

Juan Part

Eminent Domain 

Action

enable the prepetition action to proceed to judgment before 

the Commonwealth Court; provided, however, the Title III 

stay shall continue to apply in all other respects to the 

prepetition action, including, but not limited to, the

execution and enforcement of any judgment, injunction, any 

claims for money damages, and provisional remedies against 

PREPA, if any, or any other Title III debtor.

7. Ruth Jiménez de 

Jesus v. Estado Libre 

Asociado de Puerto 

Rico, Case No. CC2017-412, Supreme 

Court of Puerto Rico

Civil Rights and

Constitutional Claims

Action

Ruth Jiménez de Jesus Commonwealth The Title III Stay is hereby modified solely to the limited 

extent necessary to allow (a) the Certiorari Petition to 

proceed to final judgment before the PR Supreme Court and 

for final judgment to be rendered by the PR Supreme Court; 

and (b) the Prepetition Action to proceed to final judgment 

before the Prepetition Court and for final judgment to be 

rendered by the Prepetition Court; provided, however, the 

Title III Stay shall continue to apply in all other respects to 

the Prepetition Action and Certiorari Petition including but 

not limited to, the execution and enforcement of any 

judgment and any claims for money damages against the 

Commonwealth or any other Title III Debtor, without 

prejudice to Movant’s right to seek further relief from the 

Title III Stay solely to request equitable remedies in the 

Prepetition Action, if any, in accordance with the Lift Stay 

Protocol and the Case Management Order, and the 

Commonwealth reserves all rights to oppose such relief or 

request.

May 14, 2018

8. Aquasur Corporation Aquasur Corporation PREPA Modification of the stay to the limited extent necessary to May 14, 2018

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Exhibit Parties and Actions Granted Modification of the Title III Stay Page 4 of 7
CASE 

INFORMATION MOVANT DEBTOR BRIEF DESCRIPTION OF THE MODIFICATION STIPULATION DATE

v. Puerto Rico Land 

& Fruit S.E. et al, 

Civil No. NCSI 

2016-00665, Puerto 

Rico Court of First 

Instance, Fajardo 

Superior Part

Eminent Domain 

Action 

enable the prepetition action to proceed before the state 

court; provided, however, the Title III stay should continue 

to apply in all other respects to the prepetition action, 

including, but not limited to, the execution and enforcement 

of any judgment and for any claims for money damages 

against PREPA, if any, or any other Title III Debtor.

9. David Jimenez, et als. 

v. ELA, KCD2016-

0749, Puerto Rico 

Court of First 

Instance

David Jimenez, et als. 

v. DE, 

KLRX20150061, 

Puerto Rico Court of 

Appeals

David Jimenez, et als. 

v. ELA, 2014-007-

046, Administrative 

Forum in the Puerto 

Rico Department of 

Education

IDEA Action 

(attorney’s fees)

(i) David Jimenez Toro, 

Vilmarie Quijano 

Martinez, and their minor 

son S.D.J.Q.;

(ii) Alejandro Rodríguez 

Andujar, Francheska 

Molina Ramos, and their 

minor son Y.R.M

Commonwealth In the interest of justice and without conceding or admitting 

liability, the Parties have agreed to settle all matters related 

to Movants’ claims under section 1415(i)(3)(B) of IDEA for 

the recovery of the attorney’s fees and taxable costs spent in 

the litigation of the Prepetition Actions. 

Within sixty (60) days of execution of this Stipulation, the 

Puerto Rico Department of Education (the “PR-DOE”) shall 

pay directly to the Movants’ counsel, Adrian O. Diaz, who 

represents the interests of Movants, $7,813.31 in attorney’s 

fees and costs (the “Settlement Amount”). The Settlement 

Amount shall not accrue interest. The PR-DOE’s agreement 

to set a specific date for the payment of the Settlement 

Amount in this case shall not be interpreted as a policy or 

custom to do so by the PR-DOE. 

The Title III Stay is hereby modified solely to the limited 

extent necessary to allow Movants to enforce this Stipulation 

and seek payment of the Settlement Amount from the 

Commonwealth; provided, however, the Title III Stay shall 

continue to apply in all other respects to the Prepetition 

Action including, but not limited to, the execution and 

enforcement of any judgment for damages and provisional 

remedies.

May 17, 2018

10. Jose Luis Guzmán, et. 

al. v. Autoridad de 

José Luis Guzmán, 

Waleska RodríguezPREPA Modification of the stay to the limited extent necessary to enable movants and PREPA to enter into a settlement and 

May 22, 2018

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CASE 

INFORMATION MOVANT DEBTOR BRIEF DESCRIPTION OF THE MODIFICATION STIPULATION DATE

Energía Eléctrica, et. 

al., Case No. 

ABCI2015-00839; 

Janet Jiménez, et. al. 

v. Autoridad de 

Energía Eléctrica, et. 

al., Case No. 

ABCI2015-00893; 

and Gerardo 

González Cotto, et. 

al. v. Autoridad de 

Energía Eléctrica, et. 

al., Case No. 

ABCI2016-00503, 

Puerto Rico Court of 

First Instance, 

Aguada Part

Tort Action 

(automotive accident)

Rodriguez, Jonathan 

Guzmán-Rodriguez, 

Senni Zayas-Álvarez, 

Orlando Rivera, Evelyn 

Torres-Seguí, Jose LuisZayas, Janet Jiménez, 

Janelly Arroyo- Jiménez, 

Gerardo González Cotto, 

and Gerardo V. González 

Babilonia

agreement to settle the prepetition actions, and move the 

Commonwealth Court to enter a judgment by consent in 

connection with the Settlement; provided, however, the Title 

III stay shall continue to apply in all other respects to the 

prepetition actions including, but not limited to, the 

execution and enforcement of any judgment, injunction, and 

any claims for money damages, and provisional remedies 

against PREPA or any other Title III debtor; provided, 

further, should the Commonwealth Court deny the request to 

enter judgement by consent with respect to the settlement 

and dismiss the prepetition actions with prejudice, the Title 

III stay shall continue to apply in all respects to the 

prepetition actions.

11. Aníbal Padilla Vélez 

v. DTOP, ISCI2010-

01599 (consolidated 

with ISCI2010-01600 

& ISCI2010-01805), 

Puerto Rico Court of 

First Instance

Tort Action

Aníbal Padilla Velez, 

Jesús Padilla Vélez, 

Ismael Alvarez Perez and 

the Minors, Julysbeth 

Thali Luciano Alvarez, 

Julitza Luciano Alvarez, 

Juliana Michelle Luciano 

Alvarez and Julian 

Emanuel Pabon Padilla

Commonwealth The Title III Stay is hereby modified solely to the limited 

extent necessary to allow the Prepetition Action to proceed 

to judgment before the Prepetition Court; provided, however, 

the Title III Stay shall continue to apply in all other respects 

to the Prepetition Action including, but not limited to, the 

execution and enforcement of any judgment and any claims 

for money damages and provisional remedies against the 

Commonwealth or any other Title III Debtor.

May 23, 2018 

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CASE 

INFORMATION MOVANT DEBTOR BRIEF DESCRIPTION OF THE MODIFICATION STIPULATION DATE

12. Autoridad de 

Carreteras y 

Transportación de 

P.R. v. Finca 

Perseverancia, Inc. et 

al., KEF2011-0244, 

Puerto Rico Court of 

First Instance

Eminent Domain 

Action 

Finca Perseverancia, Inc. HTA The Title III Stay is hereby modified solely to the limited 

extent necessary to enable the Prepetition Action to proceed 

to judgment before the State Court, provided, however, the 

Title III Stay shall continue to apply in all other respects to 

the Prepetition Action, including but not limited to, the 

execution and enforcement of any judgment and for any 

claims for money damages and provisional remedies against 

HTA or any other Title III Debtor, and any requirement for 

HTA to supplement the Deposit. 

June 14, 2018

13. CMA Builders Corp.

v. Puerto Rico 

Electric Power 

Authority, et. al., 

Civil Case No. CC2017-0520, Supreme 

Court of the 

Commonwealth of 

Puerto Rico

Contract dispute 

related to bid 

cancellation

CMA Builders Corp. PREPA Modification of the stay to the limited extent necessary to 

enable the prepetition action to proceed to judgment before 

the Commonwealth Court; provided, however, the Title III 

stay shall continue to apply in all other respects to the 

prepetition action, including, but not limited to, the 

execution and enforcement of any judgment, injunction, any 

claims for money damages, and provisional remedies against 

PREPA, if any, or any other Title III debtor.

June 18, 2018

14. Consuelo RamosAguiar v. 

Municipality of San 

Juan, et al., Civil 

Num. K DP2015-

1183, Puerto Rico 

Court of First 

Instance, Superior 

Court of San Juan

Personal Injury 

Action

Consuelo Ramos-Aguiar PREPA Modification of the stay to the limited extent necessary to 

enable the movant to prosecute the prepetition action before 

the State Court; provided, however, the Title III stay shall 

continue to apply in all other respects to the prepetition 

action, including, but not limited to, the execution and 

enforcement of any judgment and for any claims for money 

damages and provisional remedies against PREPA.

June 19, 2018

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