UNITED STATES DISTRICT COURT 

 FOR THE DISTRICT OF PUERTO RICO 

In re: 

THE FINANCIAL OVERSIGHT AND PROMESA Title III

MANAGEMENT BOARD FOR PUERTO RICO, No. 17 BK 

3283-LTS 

 as representative of (Jointly Administered)

THE COMMONWEALTH OF PUERTO RICO, et al., 

Debtors

************

OPPOSITION TO THE “FIVE HUNDRED NINETY-SECOND OMNIBUS OBJECTION 

(SUBSTANTIVE) OF THE COMMONWEALTH OF PUERTO RICO AND THE 

EMPLOYEES’ RETIREMENT SYSTEM OF THE GOVERNMENT OF THE 

COMMONWEALTH OF PUERTO RICO TO CLAIMS FOR WHICH THE DEBTORS 

ARE NOT LIABLE”

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

COME NOW, 2) José A. Álvarez Galarza, 4) José Ángel Betancourt Castellano, 20) Juan 

Manuel Cruz Morales, 27) Domingo Fantauzzi Ramos, 31) Leonardo García Pacheco, 33) Luis A. 

García Serrano, 43) Nelson López Laboy, 47) Benjamín Morales Pagán, 51) Henry Orta Vázquez, 

52) Arnaldo L. Ortiz Mateo, 54) Jaime Luis Osorio Cepeda, 62) Francisco Reyes Colón, 70) 

Roberto Rodríguez-Rodríguez, 72) Pedro Ruiz Delgado, 76) Carmelo Santiago Otero, 77) Antonio 

Case:17-03283-LTS Doc#:24921 Filed:08/18/23 Entered:08/18/23 16:31:29 Desc: Main

Document Page 1 of 5
Santiago Vargas, and 88) Rainiero Vázquez Fontán1

(hereinafter, “Claimants”), through the 

undersigned counsel, and very respectfully set forth and pray:

The Commonwealth of Puerto Rico (the “Commonwealth”) and the Employees Retirement 

System of the Government of the Commonwealth of Puerto Rico (“ERS,” and, together with the

Commonwealth, the “Debtors”), by and through the Financial Oversight and Management Board 

for Puerto Rico (the “Oversight Board”), as the sole Title III representative of the Debtors pursuant 

to Section 315(b) of the Puerto Rico Oversight, Management, and Economic Stability Act 

(“PROMESA”), filed the five hundred ninety-second omnibus objection (the “592 Omnibus 

Objection”) (Doc#:24760) to certain claims of the appearing Claimants that seek recovery for 

amounts for which the Commonwealth is legally liable. In support of this Opposition to the 592

Omnibus Objection, the appearing Claimants respectfully represent as follows:

BASIS FOR THE OPPOSITION TO OBJECTIONS TO PROOFS OF CLAIMS

The Five Hundred Ninety-Second Omnibus Objection seeks to disallow claims to assert 

liability on the basis of litigation where the Claimants, as the Debtors incorrectly represent, were 

not named plaintiffs before the Commonwealth courts.

Contrary to Debtors’ assertion, all the Claimants are named party-plaintiffs in the

consolidated case of LESLIE OCASIO FIGUEROA, ET. AL., v. DEPARTAMENTO DE 

AGRICULTURA, ET. AL., NSCI 2001-00036, NSCI 2002-00935, NDP 2000-0046, NDP 

2000-0070. This case is now on appeal before the Appellate Commission of the Human Resources 

Administration System (“Comisión Apelativa del Sistema de Administración de Recursos 

Humanos”) (CASARH, by its Spanish acronym). CASARH, as a quasi-judicial administrative 

1 The numbers of the appearing seventeen Claimants correspond to the number of their respective claims as they 

appear in Exhibit A (Claims to be Disallowed) of the 592 Omnibus Objection.

Case:17-03283-LTS Doc#:24921 Filed:08/18/23 Entered:08/18/23 16:31:29 Desc: Main

Document Page 2 of 5
forum, has exclusive primary jurisdiction to deal with employer-labor matters such as the unjust 

or illegal dismissal from employment from the Department of Agriculture of the Commonwealth 

of Puerto Rico as timely objected to by the Claimants, Appellants before CASARH. Copy of the 

first page of the Appeal before CASARH, stamped as RECEIVED on November 14, 2022, both 

by CASARH and the Department of Agriculture – the Appellee – is attached hereto as Exhibit 1.

The First page lists, among others, the names of all seventeen Claimants Debtors incorrectly 

represent are not Plaintiffs in Litigation against the Commonwealth of Puerto Rico. Said Appeal, 

assigned Appeal No. 2022-11-0490, is still pending resolution before CASARH. Thus, it is 

incorrect to state that the Claimants are not Plaintiffs against the Commonwealth.

Debtors confusingly and mistakenly represent in their Exhibit A and Exhibit B 

(DECLARATION OF JAY HERRIMAN IN SUPPORT OF THE FIVE HUNDRED NINETYSECOND OMNIBUS OBJECTION (SUBSTANTIVE) OF THE COMMONWEALTH OF 

PUERTO RICO AND THE EMPLOYEES RETIREMENT SYSTEM OF THE GOVERNMENT 

OF THE COMMONWEALTH OF PUERTO RICO TO CLAIMS FOR WHICH THE DEBTORS 

ARE NOT LIABLE) that the Claimants’ respective “(p)roof of claim purports to assert liability on 

the basis of case number NSCI-2001-00036, but the claimant does not appear as a named plaintiff 

in the partial judgment,”

2

or that their “(p)roof of claim purports to assert liability on the basis of 

case number NSCI-2001-00036, but the claimant does not appear as a named plaintiff in that 

litigation”. This is not true, as all of the Claimants were named Plaintiffs in the consolidated 

litigation, NSCI-2001-00036, and all of the claimants are Appellants before CASARH. See 

2 Perhaps what Debtors meant to say is that the Claimants were not “prevailing Plaintiffs” in a Judgement entered in 

the consolidated case NSCI-2001-00036. Nevertheless, Claimants are appealing said Judgement before CASARH 

and said Appeal is pending resolution. If Appellants prevail on appeal and it is determined that their dismissal from 

employment with the Department of Agriculture was unjust or illegal, Claimants will have the right to collect 

monetary awards from the Commonwealth.

Case:17-03283-LTS Doc#:24921 Filed:08/18/23 Entered:08/18/23 16:31:29 Desc: Main

Document Page 3 of 5
Exhibit 1 and Exhibit 2, the latter being an English Translation of Exhibit 1. Since there is no other 

objection to the Proof of Claims individually filed by the appearing Claimants, Debtors’ 592 

Omnibus Objection (Substantive) must be denied as it applies to the appearing seventeen 

Claimants.

WHEREFORE, the appearing Claimants respectfully request (1) entry of an order

denying the relief requested by Debtors against the Claimants and (2) granting Claimants such 

other and further relief as is just. 

Dated: August 14, 2023, San Juan, Puerto Rico.

Respectfully submitted,

Guzmán & Rodríguez-Lopez Law Office

PMB 733

1353 Luis Vigoraux Ave.

Guaynabo, P.R. 00966

Tel. (787) 403-2292

S/Humberto Guzmán, Esq. 

HUMBERTO GUZMÁN RODRÍGUEZ

USDCPR NO. 128308 

CLAIMANTS’ COUNSEL

Email: hguzman@grllaw.net

Case:17-03283-LTS Doc#:24921 Filed:08/18/23 Entered:08/18/23 16:31:29 Desc: Main

Document Page 4 of 5
Case:17-03283-LTS Doc#:24921 Filed:08/18/23 Entered:08/18/23 16:31:29 Desc: Main

Document Page 5 of 5