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 

Case No. 17 BK 3283-LTS 

(Jointly Administered) 

In re: 

THE FINANCIAL OVERSIGHT AND 

MANAGEMENT BOARD FOR PUERTO RICO, 

 as representative of 

PUERTO RICO ELECTRIC POWER 

AUTHORITY, 

 Debtor. 

PROMESA 

Title III 

Case No. 17 BK 4780-LTS

(Jointly Administered) 

REPLY OF THE PUERTO RICO ELECTRIC POWER 

AUTHORITY TO THE RESPONSE FILED BY JORGE MARTINEZ GARCIA 

[ECF NO. 19726] TO THE FOUR HUNDRED TWELFTH 

OMNIBUS OBJECTION (SUBSTANTIVE) OF THE PUERTO RICO 

ELECTRIC POWER AUTHORITY TO DEFICIENT CLAIMS 

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 

(“Commonwealth”) (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); (v) Puerto Rico Electric Power Authority (“PREPA”) (Bankruptcy Case No. 17- BK-4780-LTS) (Last 

Four Digits of Federal Tax ID: 3747); and (vi) Puerto Rico Public Buildings Authority (“PBA”) (Bankruptcy Case 

No. 19-BK-5523-LTS) (Last Four Digits of Federal Tax ID: 3801) (Title III case numbers are listed as Bankruptcy 

Case numbers due to software limitations). 

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To the Honorable United States District Judge Laura Taylor Swain: 

The Puerto Rico Electric and Power Authority (“PREPA” or the “Debtor”), by and through 

the Financial Oversight and Management Board for Puerto Rico (the “Oversight Board”), as 

PREPA’s sole Title III representative pursuant to section 315(b) of the Puerto Rico Oversight, 

Management, and Economic Stability Act (“PROMESA”),2 respectfully submits this reply (the 

“Reply”) to the response filed by Jorge Martinez Garcia (“Martinez Garcia”) [Case No. 17 BK 

3283-LTS, ECF No. 19726]3 (the “Response”) to the Four Hundred Twelfth Omnibus Objection 

(Non-Substantive) of the Puerto Rico Electric Power Authority to Deficient Claims [ECF No. 

19559] (the “Four Hundred Twelfth Omnibus Objection”). In support of this Reply, PREPA 

respectfully represents as follows: 

1. On December 17, 2021, PREPA filed the Four Hundred Twelfth Omnibus 

Objection seeking to disallow each of the proofs of claim listed on Exhibit thereto (collectively, 

the “Deficient Claims”). Each of the Deficient Claims purports to be based on obligations owed 

to the applicable claimant by PREPA, but either (i) fails to provide any information identifying the 

nature or source of the obligations or explaining why PREPA or any other Title III Debtor is liable 

to the claimant, or (ii) identifies the nature or source of the obligation, but fails to explain how 

PREPA or any other Title III Debtor is liable to the claimant. Because of this failure to comply 

with the applicable rules, neither the Debtors nor the Court are able to determine the validity of 

the Deficient Claims. 

2. Any party who disputed the Four Hundred Twelfth Omnibus Objection was 

required to file a response by 4:00 p.m. (Atlantic Standard Time) on January 17, 2022 in 

2

 PROMESA has been codified at 48 U.S.C. §§ 2101–2241. 

3

 Unless otherwise stated, references to the docket shall refer to Case No. 17-3283. 

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accordance with the Court-approved notice attached to the Four Hundred Twelfth Omnibus 

Objection as Exhibit C, which was served in English and Spanish on the individual creditors 

subject to the Four Hundred Twelfth Omnibus Objection, the U.S. Trustee, and the Master Service 

List (as defined in the Fifteenth Amended Notice, Case Management and Administrative 

Procedures [ECF No. 17127-1]). See Certificate of Service [ECF No. 19706]. 

3. Martinez Garcia filed a claim against PREPA on October 27, 2020, which was 

logged by Prime Clerk LLC as Proof of Claim No. 177629 (the “Martinez Garcia Claim”). The 

Martinez Garcia Claim asserts a claim against PREPA in the amount of $230,000,000. The 

Martinez Garcia Claim further states that Martinez Garcia worked for PREPA in 1986 “and the 

company did not provide us with any equipment and they knew that we were working with 

Asbestos. That same year a company came to tell us that we were working with Asbestos and 

because of this I have a lot of health issues.” The Martinez Garcia Claim did not provide any 

additional information or supporting documentation, such as an identification of where Martinez 

Garcia worked, how long he worked for PREPA, or what specific health issues Martinez Garcia 

suffered. 

4. The Response was filed with the Court on January 1, 2022, and docketed as ECF 

No. 19726. Therein, Martinez Garcia states that he holds an employment claim, and provides as 

a basis for the claim “I was infected [at] work.” Further, Martinez Garcia indicated that his claim 

arose from a pending litigation, but the only case number he provided is the case number for the 

Commonwealth’s Title III proceedings, 17-bk-3283. The Response therefore does not provide 

any additional details regarding the nature of basis of Martinez Garcia’s alleged health problems. 

Without such information, neither PREPA nor the Court are able to determine whether PREPA 

has any liability to Martinez Garcia. 

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5. For the foregoing reasons, the PREPA respectfully requests that the Court grant the 

Four Hundred Twelfth Omnibus Objection and reclassify the Martinez Garcia Claim 

notwithstanding the Response. 

Dated: April 11, 2023 

 San Juan, Puerto Rico 

Respectfully submitted, 

 /s/ Hermann D. Bauer 

Hermann D. Bauer

USDC No. 215205

Carla García-Benítez 

USDC No. 203708 

Gabriel A. Miranda 

USDC No. 306704 

O’NEILL & BORGES LLC 

250 Muñoz Rivera Ave., Suite 800 

San Juan, PR 00918-1813 

Tel: (787) 764-8181 

Fax: (787) 753-8944

/s/ Martin J. Bienenstock 

Martin J. Bienenstock 

Ehud Barak 

Paul V. Possinger 

(Admitted 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 

 ebarak@proskauer.com 

 ppossinger@proskauer.com 

Attorneys for the Financial 

Oversight and Management Board 

as representative for PREPA

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