UNITED STATES DISTRICT COURT

DISTRICT OF PUERTO RICO

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In re:

THE FINANCIAL OVERSIGHT AND 

MANAGEMENT BOARD FOR PUERTO RICO,

as representative of 

THE COMMONWEALTH OF PUERTO RICO, et al.,

Debtors.1

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PROMESA

Title III

No. 17 BK 3283-LTS

Re: ECF Nos. 663, 858, 1039, 2770

(Jointly Administered)

In re:

THE FINANCIAL OVERSIGHT AND 

MANAGEMENT BOARD FOR PUERTO RICO,

as representative of 

PUERTO RICO HIGHWAYS AND 

TRANSPORTATION AUTHORITY (“HTA”)

Debtor.

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PROMESA

Title III

No. 17 BK 3567-LTS

This Notice relates only to HTA and 

shall only be filed in the lead Case 

No. 17 BK 3283-LTS and Case No. 

17 BK 3567-LTS. 

NOTICE OF PRESENTMENT OF STIPULATION MODIFYING THE AUTOMATIC 

STAY BETWEEN THE PUERTO RICO HIGHWAYS AND TRANSPORTATION 

AUTHORITY AND CERTAIN HTA MANAGERIAL EMPLOYEES AND VOLUNTARY 

DISMISSAL OF THE MOTION REQUESTING RELIEF FROM STAY [ECF NO. 663]

 

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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PLEASE TAKE NOTICE that on July 19, 2017, movants filed a Motion Requesting 

Relief From Stay (the “Stay Motion”) pursuant to Bankruptcy Code section 362(d)(1), requesting 

the District Court lift the automatic stay set forth in Bankruptcy Code sections 362(a) and 922(a), 

made applicable to the Title III Case by PROMESA section 301(a) (the “Title III Stay”) [ECF No. 

663].

2

PLEASE THAT FURTHER NOTICE that on August 2, 2017, the Puerto Rico Fiscal 

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

and Transportation Authority (“HTA”), filed an objection to the Stay Motion [ECF No. 858]

(the “Objection”). 

PLEASE THAT FURTHER NOTICE that on August 15, 2017, the parties filed the Joint 

Motion and Stipulations Concerning the Request for Relief of Stay Filed by the Managerial 

Employees [ECF No. 1032] (the “Joint Motion”), whereby movants and HTA reached an 

agreement to adopt a process that would allow HTA to receive particularized information on each 

of the claims involved in the Stay Motion and for both parties to conduct discussions in an effort 

to reach agreements regarding movants’ request for relief from the Title III Stay. 

PLEASE THAT FURTHER NOTICE that on August 15, 2017, the District Court 

entered the Order Granting Joint Motion and Stipulations Concerning the Request For Relief of 

Stay Filed by HTA Managerial Employees [ECF No. 1039] (the “Scheduling Order”), granting the 

Joint Motion and setting certain deadlines for the parties to exchange information and conduct 

discussions regarding the relief requested in the Stay Motion.

3

 

2 The Stay Motion was filed prior to the entry of the Order Amending Case Management Procedures, which revised 

the Notice, Case Management and Administrative Procedures (the “Case Management Procedures”) to implement 

a protocol (the “Lift Stay Protocol”) for filing motions for relief from the Title III Stay [ECF Nos. 1065, 1512, 

2839]. Accordingly, the Lift Stay Protocol does not apply to the Stay Motion.

3 The deadlines set forth in the Scheduling Order were extended by agreement of the parties several times as a 

result of delays caused by Hurricane Maria. See ECF Nos. 1310, 1540, 2244, 2525, and 2770. 

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PLEASE TAKE FURTHER NOTICE that after the particularized claim information was 

furnished, HTA and movants met and conferred and have resolved the Stay Motion and the 

Objection by agreeing to a partial modification of the Title III Stay in accordance with the terms 

of the Stipulation Modifying the Automatic Stay Between the Puerto Rico Highways and 

Transportation Authority and Certain HTA Managerial Employees and Voluntary Dismissal of 

the Motion Requesting Relief from the Stay [ECF No. 663], attached hereto as Exhibit A

(the “Stipulation”).

PLEASE TAKE FURTHER NOTICE that HTA does not agree with the assertions 

contained in the Stay Motion, and that the Stipulation does not operate as a waiver or modification 

of the Title III Stay so as to permit the prosecution against HTA or any of the other Title III debtors 

of any claim or claims by anyone other than movants as provided for in the Stipulation and HTA 

reserves all rights, defenses, and protections with respect to any matters pending or that may arise 

in the Title III cases or otherwise. 

PLEASE TAKE FURTHER NOTICE that HTA will present the Stipulation to the 

Honorable Laura Taylor Swain, United States District Judge, sitting in the United States District 

Court for the District of Puerto Rico, 150 Chardón Street, Federal Building Office 150, San Juan, 

P.R., 00918-1767 for signature on April 11, 2018. 

PLEASE TAKE FURTHER NOTICE that unless a written objection to the Stipulation 

is filed with the Court in accordance with the Case Management Procedures by no later than 5:00 

p.m. (AST) on April 10, 2018, no hearing will be held and the Stipulation may be approved. 

PLEASE THAT FURTHER NOTICE that copies of the Stipulation and all documents 

filed in these Title III cases are available (a) free of charge by visiting 

https://cases.primeclerk.com/puertorico or by calling +1 (844) 822-9231, and (b) on the Court’s 

website at http://www.prd.uscourts.gov, subject to the procedures and fees set forth therein. 

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Dated: April 4, 2018

San Juan, Puerto Rico

Development & Construction Law Group, LLC

Attorneys for the Puerto Rico Highways & 

Transportation Authority

PMB 443, Suite 112 100 Grand Paseos Blvd.

San Juan, PR 00926-5902 

T. 787. 403.2757 F. 888.500.1827

e-mail: rcastellanos@devconlaw.com

s/Raúl Castellanos

Raúl Castellanos-Malavé

PR USDC No. 214611

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