UNITED STATES DISTRICT COURT

DISTRICT OF PUERTO RICO 

-------------------------------------------------------------x

In re:

THE FINANCIAL OVERSIGHT AND 

MANAGEMENT BOARD FOR PUERTO RICO,

as representative of 

THE COMMONWEALTH OF PUERTO RICO, et al.,

Debtors.1

-------------------------------------------------------------x

PROMESA

Title III

No. 17 BK 3283-LTS

Re: ECF No. 2714

(Jointly Administered)

In re:

THE FINANCIAL OVERSIGHT AND 

MANAGEMENT BOARD FOR PUERTO RICO,

as representative of 

THE COMMONWEALTH OF PUERTO RICO

Debtor.

-------------------------------------------------------------x

PROMESA

Title III

No. 17 BK 3283-LTS

This Response relates only to the 

Commonwealth and shall only 

be filed in the lead Case No. 17 

BK 3283-LTS.

RESPONSE OF THE COMMONWEALTH TO MOTION 

FOR RELIEF FROM AUTOMATIC STAY IN ORDER TO VOLUNTARILY 

DISMISS COMPLAINT WITH PREJUDICE FILED BY KAREN ODALYS FUENTES

RIVERA, LUIS IVÁN FUENTES VÁZQUEZ, AND CARMEN IRIS RIVERA COSME

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

The Commonwealth of Puerto Rico (the “Commonwealth”) respectfully submits this 

response (the “Response”) to the Motion for Relief from Automatic Stay in Order to Voluntarily 

 

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).

Case:17-03283-LTS Doc#:2814 Filed:03/26/18 Entered:03/26/18 17:32:15 Desc: Main

Document Page 1 of 3
2

Dismiss Complaint with Prejudice [ECF No. 2714] (the “Motion”), filed by Karen Odalys Fuentes 

Rivera, Luis Iván Fuentes Vázquez, and Carmen Iris Rivera Cosme (collectively, the “Movants”).2 

The Commonwealth respectfully requests the Court grant the Motion to the limited extent to allow 

Movants to dismiss with prejudice the Prepetition Action (as defined below).

RESPONSE

1. On March 15, 2018, Movants filed the Motion requesting relief from the automatic 

stay under Bankruptcy Code section 362(a), made applicable to the Commonwealth’s Title III case 

by PROMESA section 301(a) (the “Title III Stay”), to permit Movants to voluntarily dismiss with 

prejudice all claims against Commonwealth and all other codefendants in the state civil action 

pending before the Court of First Instance in the Municipality of Caguas captioned Karen Odalys 

Fuentes Rivera, et als v. Departamento de Transportación y Obras Públicas, et als, Case No. E 

DP2016-0075 (the “Prepetition Action”).

2. After evaluating the facts and procedural stage of the Prepetition Action, the 

Commonwealth has determined that it is in the best interest of both parties, and creditors of the 

Commonwealth, to lift the Title III Stay to the limited extent to allow Movants to voluntarily 

dismiss with prejudice the Prepetition Action against the Commonwealth and the other parties. By 

agreeing to lift the Title III Stay, in no event shall the Commonwealth be required to satisfy any 

liability to Movants in any way whatsoever with respect to the Prepetition Action. 

3. Nothing contained in this Response should be construed as a waiver or modification 

of the Title III Stay to allow the prosecution against the Commonwealth of any claim by anyone 

other than Movants as provided for herein, and the Commonwealth reserves all rights, defenses, 

 

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 Response on behalf of the Commonwealth. 

Case:17-03283-LTS Doc#:2814 Filed:03/26/18 Entered:03/26/18 17:32:15 Desc: Main

Document Page 2 of 3
3

and protections with respect to any other motions for relief of stay or any other matters pending in 

the Commonwealth’s Title III case.

WHEREFORE, the Commonwealth respectfully requests that the Court grant the Motion

solely to allow Movants to voluntarily dismiss with prejudice all claims against Commonwealth 

and all other codefendants in the Prepetition Action.

Dated: March 26, 2018.

San Juan, Puerto Rico 

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 

Case:17-03283-LTS Doc#:2814 Filed:03/26/18 Entered:03/26/18 17:32:15 Desc: Main

Document Page 3 of 3