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Annex

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UNITED STATES DISTRICT COURT 

FOR THE 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 

(Jointly Administered) 

FIRST AMENDED 

NOTICE, CASE MANAGEMENT AND ADMINISTRATIVE PROCEDURES

On May 3, 2017, the Financial Oversight and Management Board for Puerto Rico (the “Oversight 

Board”), as representative of the Commonwealth of Puerto Rico (the “Commonwealth”) pursuant 

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

(“PROMESA”),2

 filed a title III case (the “Commonwealth’s Title III Case”) for the 

Commonwealth by issuing a restructuring certification pursuant to PROMESA sections 104(j) and 

206 and filing a voluntary petition for relief for the Commonwealth pursuant to PROMESA section 

304(a). 

On May 5, 2017, the Oversight Board, as representative of the Puerto Rico Sales Tax Financing 

Corporation (“COFINA,” and together with the Commonwealth, the “Debtors”) pursuant to 

section PROMESA 315(b), filed a title III case (“COFINA’s Title III Case,” and together with the 

Commonwealth’s Title III Case, the “Title III Cases”) for COFINA by issuing a restructuring 

certification pursuant to PROMESA sections 104(j) and 206 and filing a voluntary petition for 

relief for COFINA pursuant to PROMESA section 304(a). 

On May 9, 2017, the Debtors filed a motion seeking the joint administration of these Title III 

Cases, for procedural purposes only, pursuant to PROMESA section 304(g) and Bankruptcy Rule 

1015, made applicable to these Title III Cases by PROMESA section 310. 

 

1

 The Debtors in these Title III Cases, along with each Debtor’s respective bankruptcy 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); and (ii) Puerto Rico Sales Tax Financing 

Corporation (“COFINA”) (Bankruptcy Case No. 17 BK 3284) (Last Four Digits of Federal 

Tax ID: 8474).

2

 PROMESA has been codified in 48 U.S.C. §§ 2101-2241. 

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On June 2, 2017, the Court entered an order (the “Procedures Order”): (a) incorporating the Local 

Bankruptcy Rules for the United States Bankruptcy Court for the District of Puerto Rico (the 

“Local Bankruptcy Rules”) for these Title III Cases; (b) approving and implementing the notice, 

case management, and administrative procedures (collectively, the “Case Management 

Procedures”); and (c) granting certain related relief. 

Anyone may obtain a copy of the Procedures Order and any amendments thereto, as well as any 

document filed with the Court in these Title III Cases by: (a) accessing the website maintained by 

Prime Clerk LLC (the “Claims and Noticing Agent”) at https://cases.primeclerk.com/puertorico 

(the “Case Website”); (b) contacting the Claims and Noticing Agent directly at (844)-822-9231 

(toll free for U.S. and Puerto Rico) or (646)-486-7944 (for international callers); or (c) for a 

nominal fee, accessing the PACER system through the Court’s website at www.prd.uscourts.gov. 

Finally, paper copies of all pleadings filed in these Title III Cases may be available from the Court 

Clerk pursuant to the Court’s procedures and miscellaneous fee schedule of the District of Puerto 

Rico. 

Pursuant to the Procedures Order, all notices, motions, applications, briefs, memoranda, affidavits, 

declarations, objections, responses, replies, and other documents filed in these Title III Cases are 

subject to, and will not be deemed properly served, unless they are served in accordance with, 

these Case Management Procedures. as they may be amended from time to time. 

Additionally, while the Bankruptcy Rules and the Local Bankruptcy Rules apply to these Title III 

Cases, to the extent there is a conflict between the foregoing and the Case Management Procedures, 

the Case Management Procedures govern in all respects to the extent that such variance is 

permitted by the relevant rules. 

These First Amended Notice, Case Management and Administrative Procedures (the “First 

Amended Case Management Procedures”) are implemented by the Court to clarify certain matters 

that were not specifically addressed in the initial Case Management Procedures. Specifically, they 

provide that when any due date for a filing falls on a weekend or holiday, the due date falls back 

to the preceding business day, unless the filing is due fewer than seven days before the scheduled 

hearing or the Court specifically orders otherwise. In addition, a provision for reply briefing is 

added in connection with motions for relief from the automatic stay. The effect of pro hac vice 

admission in a Title III case is also clarified. 

ALL PARTIES IN INTEREST ARE STRONGLY ENCOURAGED TO REVIEW THESE 

CASE MANAGEMENT PROCEDURES IN THEIR ENTIRETY AND CONSULT THEIR 

OWN LEGAL COUNSEL WITH RESPECT TO THE MATTERS DISCUSSED HEREIN 

PRIOR TO FILING ANY DOCUMENTS IN THESE TITLE III CASES. 

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First Amended Case Management Procedures 

I. General Case Administration and Pleadings

A. The Claims and Noticing Agent is authorized to establish the Case Website available 

at https://cases.primeclerk.com/puertorico, where, among other things, all pleadings, 

key dates, and information about these Title III Cases will be posted. 

B. All documents filed in these Title III Cases, including, but not limited to, all notices, 

motions, applications, other requests for relief, all briefs, memoranda, affidavits, 

declarations, and other documents filed in support of such papers seeking relief 

(collectively, the “Pleadings”), objections or responses to the Pleadings 

(the “Objections”), statements related thereto (“Statements”), and replies thereto 

(the “Replies” and together with the Pleadings, the Statements, and the Objections, the 

“Documents”) shall be filed electronically with the Court on the docket of In re 

Commonwealth of Puerto Rico, Case No. 17 BK 3283-LTS (the “Docket”), by 

registered users of the Court’s case filing system in searchable portable document 

format (“PDF”). 

C. A hearing notice (“Notice of Hearing”) shall be filed and served concurrently with all 

Pleadings and shall include the following: (i) the title of the Pleading; (ii) the parties 

upon whom any Objection to the Pleading is required to be served; (iii) the date and 

time of the applicable Objection Deadline (as defined below); (iv) the date of the 

hearing at which the Pleading shall be considered by the Court; and (v) a statement that 

the relief requested may be granted without a hearing if no Objection is timely filed 

and served in accordance with the Case Management Procedures. 

D. The applicable Objection Deadline and hearing date shall appear on the upper right 

corner of the first page of the Notice of Hearing and on the upper right corner of the 

first page of each Pleading. The applicable hearing date shall appear on the upper right 

corner of the first page of any filed Objection. 

E. Unless prior permission has been granted, notices of motion are limited to five (5) 

pages, memoranda of law in support of motions or Objections are limited to thirty-five 

(35) pages and memoranda of law in support of Replies are limited to fifteen (15) pages. 

All memoranda shall be double-spaced, 12-point font, with 1” margins. Memoranda 

of ten (10) pages or more shall contain a table of contents and a table of authorities. 

The page(s) with the case caption shall not be counted for purposes of the foregoing 

page limits. 

F. Nothing in the Case Management Procedures shall prejudice the right of any party to 

move the Court to request relief under Bankruptcy Code section 107(b) or Bankruptcy 

Rule 9018 to protect: (i) any entity with respect to a trade secret or confidential 

research, development, or commercial information, or (ii) any person with respect to a 

scandalous or defamatory matter, or personally identifiable information, contained in a 

Document filed in these Title III Cases. 

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G. If any Pleading or Objection seeks an evidentiary hearing, the evidentiary hearing 

request shall be prominently displayed on the Pleading or Objection. The Court retains 

full discretion regarding the scheduling of evidentiary hearings. 

H. Scheduling requests (other than from the Debtors) must be brought by urgent motion 

(“Urgent Motion”). All Urgent Motions must be preceded by reasonable, good-faith 

communications in an effort to resolve or narrow the issues that are being brought to 

the Court in such Urgent Motion request. All Urgent Motions shall have a certification 

that the reasonable, good-faith communications took place, and if there is knowledge 

that there will be an objection to the Urgent Motion, the anticipation of an objection 

shall be prominently disclosed in the Urgent Motion. Courtesy copies of all Urgent 

Motions shall be e-mailed to the Court at swaindprcorresp@nysd.uscourts.gov. 

I. All Pleadings, whether Urgent Motions or not, that are requesting relief, shall be 

accompanied by a proposed order. A copy of the proposed order shall be emailed to 

the Court at swaindprcorresp@nysd.uscourts.gov in Microsoft word format. 

J. All communications filed in these Title III Cases that are informative and do not request 

any relief shall be labeled as an informative motion. 

K. Counsel who have been admitted pursuant to a pro hac vice order in a Title III case 

shall be deemed admitted without further application for all adversary proceedings in 

connection with that Title III case. Notices of appearance must still be filed for each 

adversary proceeding. 

II. Service 

A. All Documents shall be served, in the manner descried herein, on the following parties 

(collectively, the “Standard Parties”): 

(i) Chambers of the Honorable Laura Taylor Swain (two copies shall be delivered to 

each chambers listed below): 

United States District Court for the District of Puerto Rico 

150 Carlos Chardón Street, 

Federal Building, Office 150, 

San Juan, P.R. 00918-1767 

-andUnited States District Court for the Southern District of New York 

Daniel Patrick Moynihan United States Courthouse 

500 Pearl St., Suite No. 3212 

New York, New York 10007-1312 

(ii) Office of the United States Trustee for Region 21 

Edificio Ochoa, 500 Tanca Street, Suite 301 

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San Juan, PR 00901-1922 

(iii) Puerto Rico Fiscal Agency and Financial Advisory Authority (AAFAF): 

Puerto Rico Fiscal Agency and Financial Advisory Authority 

Roberto Sánchez Vilella (Minillas) Government Center 

De Diego Ave. Stop 22 

San Juan, Puerto Rico 00907 

Attn: Gerardo J. Portela Franco 

 Mohammad Yassin, Esq. 

E-Mail: Gerardo.Portela@aafaf.pr.gov 

 Mohammad.Yassin@aafaf.pr.gov 

(iv) Counsel for AAFAF: 

O’Melveny & Myers LLP 

7 Times Square 

New York, New York 10036 

Attn: John J. Rapisardi, Esq. 

 Suzzanne Uhland, Esq. 

Peter Friedman, Esq. 

Diana M. Perez, Esq. 

E-Mail: jrapisardi@omm.com 

 suhland@omm.com 

 pfriedman@omm.com 

dperez@omm.com 

Law Offices of Andrés W. López, Esq. 

902 Fernández Juncos Ave. 

San Juan, PR 00907 

Attn: Andrés W. López, Esq. 

E-Mail: andres@awllaw.com 

(v) Counsel for the Oversight Board: 

Proskauer Rose LLP 

Eleven Times Square 

New York, New York 10036-8299 

Attn: Martin J. Bienenstock 

 Paul V. Possinger 

 Ehud Barak 

 Maja Zerjal 

 Chris Theodoridis 

E-Mail: mbienenstock@proskauer.com 

 ppossinger@proskauer.com 

 ebarak@proskauer.com 

 mzerjal@proskauer.com 

 ctheodoridis@proskauer.com 

O’Neill & Borges LLC 

250 Muñoz Rivera Ave., Suite 800 

San Juan, PR 00918-1813 

Attn: Hermann D. Bauer, Esq. 

E-Mail: herman.bauer@oneillborges.com 

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(vi) attorneys for any statutory committee of unsecured claimholders appointed in these 

Title III Cases (the “Creditors’ Committee”), or until such time as any committee is 

appointed, the entities listed on the List of Creditors Holding the 20 Largest 

Unsecured Claims. 

(vii) counsel to any other statutory committee appointed in these Title III Cases. 

B. All paper and e-mail courtesy copies served on the Court shall include the applicable 

Case Management/Electronic Case Files (“CM/ECF”) header information. 

C. For purposes of service pursuant to Bankruptcy Rules 7004(b)(6), 7004(b)(9), and 

7004(g), all service to the Debtors shall be made both to counsel to the Oversight Board 

and counsel to AAFAF, as listed above. 

D. Any creditor or party in interest that wishes to receive notice in these Title III Cases 

and is not otherwise entitled to notice pursuant to the Case Management Procedures 

shall file a notice of appearance (a “Notice of Appearance”) and request for service of 

papers in accordance with Bankruptcy Rules 2002 and 9010(b) and the Case 

Management Procedures. Any party that has previous filed a pro hac vice motion but 

not a Notice of Appearance should file a Notice of Appearance to ensure that such party 

receives notice of Documents filed in these Title III Cases. For purposes of these Title 

III Cases, creditors or parties in interest filing such Notices of Appearance shall be 

included in the CM/ECF system for noticing purposes and will be considered to have 

accepted, upon filing of such Notice of Appearance, to receive documents and notices 

through the CM/ECF system. Alternatively, if direct inclusion in the CM/ECF system 

is not possible, the filer of a Notice of Appearance shall be considered to have 

consented to receive electronic notices pursuant to Local Bankruptcy Rule 5005-4(g), 

unless the filing party complies with the certificate requirement set forth in the second 

paragraph of this Section II.D and the Court approves such certification. 

The Notice of Appearance shall include the following: (i) the requesting party’s name, 

address, and telephone number; (ii) the name and address of the requesting party’s 

counsel, if any; (iii) the requesting party’s email address for service by electronic 

transmission; (iv) the requesting party’s address for service by U.S. mail, hand delivery, 

and/or overnight delivery; and (v) the requesting party’s facsimile number for service 

by facsimile. Any creditor or party-in-interest that files a Notice of Appearance and 

request for service of papers in accordance with the Case Management Procedures shall 

receive notice via electronic transmission. Any individual or entity that does not 

maintain and cannot practicably obtain an email address must include in its Notice of 

Appearance a certification stating the same and state the reasons why obtaining such 

email address is not feasible or unduly burdensome. Notice will be provided to these 

individuals or entities by U.S. mail, overnight delivery, or facsimile at the filing party’s 

discretion. Notwithstanding Bankruptcy Rules 2002 and 9010(b), no request for 

service filed in these Title III Cases shall have any effect unless the foregoing 

requirements are satisfied. 

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E. The Claims and Noticing Agent shall maintain a master service list (the “Master 

Service List”), which shall include all persons and entities that have filed a Notice of 

Appearance pursuant to Bankruptcy Rules 2002 and 9010(b) and the Case 

Management Procedures (the “Rule 2002 Parties”) and the Standard Parties. The 

Master Service List shall contain addresses, facsimile numbers, and email addresses. 

The Claims and Noticing Agent shall use reasonable efforts to update and post on its 

website the Master Service List as often as practicable, but in no event less frequently 

than every fifteen (15) days. The Master Service List and any updates thereto shall be 

filed electronically on the website of the United States Bankruptcy Court for the District 

of Puerto Rico, www.prb.uscourts.gov, and on the Case Website commencing as of the 

date that is no later than ten (10) days from the date hereof. 

F. All Documents must be served, in the manner described herein, on the Master Service 

List and on any person or entity with a particularized interest in the subject matter of a 

certain Document (each, an “Affected Party”). Subject to Paragraph II.H, Documents 

filed in adversary proceedings are not required to be served on the Master Service List. 

G. The proceedings with respect to which notice is limited to the Master Service List shall 

include all matters covered by Bankruptcy Rule 2002, with the express exception of 

the following: (a) notice of (i) the time fixed for filing proofs of claim pursuant to 

Bankruptcy Rule 3003(c) and (ii) the time fixed for filing objections to, and the 

hearings to consider, approval of a disclosure statement and plan; and (b) notice and 

transmittal of ballots for accepting or rejecting a plan, which notices shall be given in 

accordance with Bankruptcy Rule 2002 and other applicable Bankruptcy Rules, unless 

otherwise ordered by the Court or otherwise prescribed by the Bankruptcy Code. 

H. Pleadings related to a compromise or settlement must be served on the Master Service 

List and any Affected Parties, but need not be served on all creditors. 

I. Parties shall serve the Court and the U.S. Trustee by U.S. mail, overnight delivery, or 

hand delivery. Service of courtesy copies on the Court must be made promptly, and 

must be completed within one business day after filing for all papers relating to Urgent 

Motions, or where the papers relate to a hearing scheduled to be held within one week 

of the filing date. Parties may serve the Standard Parties and the Affected Parties, with 

the exception of the Court and the U.S. Trustee, via the CM/ECF system described in 

Section II.D, and no further notice shall be required on such Standard Parties and 

Affected Parties unless the Bankruptcy Rules, the Local District Court Rules, or Local 

Bankruptcy Rules require otherwise or the Court orders otherwise. 

J. [RESERVED] 

K. Parties shall be authorized to rely to the maximum extent possible on CM/ECF notice 

for all Documents on the Rule 2002 Parties. To the extent it is known that one or more 

Affected Party will not receive CM/ECF notice, there shall be an obligation on the 

moving party to ensure service by the most efficient and timely manner possible on 

such Affected Parties (including service by e-mail unless the Affected Party has 

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included a certification on its Notice of Appearance that it does not maintain an e-mail 

address). 

L. All Documents served by email shall include access to an attached file containing the 

entire Document, including the proposed form(s) of order and any exhibits, attachments 

and other relevant materials in PDF format, readable by Adobe Acrobat or an 

equivalent program. Notwithstanding the foregoing, if a Document cannot be annexed 

to an email (because of its size, technical difficulties or otherwise), the party serving 

the Document may, in its sole discretion: (i) serve the entire Document by U.S. mail 

or overnight delivery, including the proposed form(s) of order and any exhibits, 

attachments and other relevant materials or (ii) email the parties being served and 

include a notation that the Document cannot be annexed and will be (a) mailed if 

requested or (b) posted on the Case Website. 

M. Service by email shall be effective as of the date the Document is sent to the email 

address provided by the party. If service is made by email, the Debtors shall not be 

required to serve a paper copy of the Document on interested parties and email service 

shall satisfy the Court’s rules for service. 

N. If a party entitled to notice of a Document does not have an email address or an email 

address is not available in the Master Service List, the party shall be served by U.S. 

mail, overnight delivery, facsimile, or hand delivery, the choice of the foregoing being 

in the sole discretion of the party who is required to serve. 

O. Upon the completion of noticing any particular matter, the party seeking relief shall file 

with the Court within three (3) business days either an affidavit of service or a 

certification of service attaching the list of parties that received notice; provided,

however, that parties shall not be required to serve the affidavits of service on such 

recipients. 

P. Upon the request of a non-Debtor Movant for the Claims and Noticing Agent to serve 

Pleadings, and provided the Oversight Board as the instructing entity permits the 

Claims and Noticing Agent to serve such Pleadings, the Claims and Noticing Agent 

shall serve such Pleadings and bill the related service expense directly to the applicable 

non-Debtor movant. 

III. Scheduling

A. The Debtors shall be authorized to schedule, in cooperation with the Court, periodic 

omnibus hearings (the “Omnibus Hearings”) at which Pleadings shall be heard. Upon 

scheduling, the Claims and Noticing Agent shall post the date of the Omnibus Hearings 

on the Case Website. The first five Omnibus Hearings shall be scheduled for the 

following dates and times: 

 9:30 a.m. on the 28th day of June, 2017; 

 9:30 a.m. on the 9th day of August, 2017; 

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 9:30 a.m. on the 26th day of September, 2017; 

 9:30 a.m. on the 15th day of November, 2017; and 

 9:30 a.m. on the 20th day of December, 2017. 

B. All Omnibus Hearings may be scheduled for two consecutive days, if needed. 

C. Those in attendance in the main courtroom at any hearing shall refrain from wearing 

cologne or perfume. 

D. Subject to consultation with Chambers via email to 

swaindprcorresp@nysd.uscourts.gov, hearings in connection with individual and 

omnibus claim objections, applications for professional compensation and 

reimbursement, pre-trial conferences, asset sales and trials related to adversary 

proceedings, approval of a disclosure statement, confirmation of a plan, and any other 

Pleading filed by the Debtors may be scheduled for dates other than the Omnibus 

Hearing dates; provided, however, that hearings in connection therewith may be 

scheduled on a non-Omnibus Hearing date only after consultation with counsel to the 

Oversight Board and counsel to the Debtors (which consultation shall occur as soon as 

practicable); provided, further, that initial pre-trial conferences scheduled in connection 

with adversary proceedings involving the Debtors shall be set on the next available 

Omnibus Hearing date that is at least 45 days after the filing of the complaint; unless 

the Court expedites the pre-trial conference; provided, further, that hearings on all other 

Pleadings, except for those Pleadings specifically referenced in this Paragraph III.D, 

filed by any party must be scheduled for an Omnibus Hearing except for a Pleading 

requiring emergency or expedited relief in accordance with these Case Management 

Procedures. 

E. Except for filings that have previously been authorized by the Court in response to an 

Urgent Motion establishing such scheduling, if a Document is filed by a party other 

than the Debtors and purports to set a hearing date inconsistent with the Case 

Management Procedures (an “Inconsistent Filing”), the hearing shall be scheduled 

without the necessity of Court order for the first Omnibus Hearing date after the 

applicable notice period has expired and all applicable deadlines shall be accordingly 

extended, and the Debtors shall provide such party with notice of the Case Management 

Procedures within three (3) business days of receipt of the Inconsistent Filing. 

F. If a movant, applicant, or other party determines that a motion, application, or pre-trial 

conference requires emergency or expedited relief, the movant, applicant, or other party 

may, for good cause shown, seek an expedited hearing or pre-trial conference pursuant 

to Urgent Motion, and the Debtors and other parties in interest, as applicable, shall have 

the right to contest such request for expedition. All requests for emergency or 

expedited relief shall comply with the applicable Local Bankruptcy Rule. 

G. If a Pleading seeks relief pursuant to Bankruptcy Rule 2002(a) or Bankruptcy Rule 

2002(b), the hearing to consider such Pleading shall be set in accordance with the time 

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period set forth in Bankruptcy Rules 2002(a) and (b) and 9006. For all other Pleadings, 

with the exception of Pleadings filed pursuant to the Presentment Procedures (as 

described below), Pleadings shall not be considered unless filed and served in 

accordance with the Case Management Procedures at least seventeen (17) calendar 

days before the next applicable hearing date (if such seventeenth (17th) day is a date 

other than a business day, such Pleading must be filed and served by the first business 

day preceding such date);; provided, however, that nothing in the Case Management 

Procedures shall prejudice the right of any party to move the Court to request an 

enlargement or reduction of any time period under Bankruptcy Rules 9006(b) and (c). 

H. Notwithstanding the immediately preceding paragraph, a party may present a proposed 

order addressing administrative matters for approval by the Court; provided, however, 

that the presentment of a proposed order for administrative relief must be filed and 

served at least seven (7) calendar days before the presentment date, and Objections 

thereto must be filed and served at least one (1) calendar day before presentment date 

(the “Presentment Procedures”). 

I. The deadline to file an Objection (the “Objection Deadline”) to any Pleading shall be 

(i) 4:00 p.m. (Prevailing Eastern Time) on the date that is ten (10) calendar days before 

the applicable hearing date or (ii) any date otherwise ordered by the Court. The 

Objection Deadline may be extended with the consent of the movant or applicant. If 

such an extension has been agreed upon, the parties need not file a stipulation or other 

pleading with the Court reflecting the extension; provided, however, that movant shall 

provide notice of the extension to Chambers. The Objection shall not be considered 

timely unless filed with the Court and received by the movant and the Standard Parties 

on or before the applicable Objection Deadline. All parties filing an Objection shall 

include their telephone number, facsimile number, and email in the signature block on 

the last page of the Objection. 

J. If any Pleading, including a Stay Relief Motion (as defined below), is adjourned, the 

Objection Deadline with respect thereto shall be extended to 4:00 p.m. (Prevailing 

Eastern Time) on the date that is ten (10) calendar days prior to the applicable hearing 

and all other applicable deadlines shall be likewise extended. 

K. The deadline to file Replies, joinders to an Objection, or any Statement shall be (i) for 

all parties other than the Debtors and any statutory committee, 4:00 p.m. (Prevailing 

Eastern Time) on the date that is five (5) calendar days before the applicable hearing 

date, (ii) for the Debtors and any statutory committee, 4:00 p.m. (Prevailing Eastern 

Time) on the date that is four (4) calendar days before the applicable hearing date, or 

(iii) any date and time otherwise ordered by the Court. 

L. Sur-replies shall not be permitted or considered unless authorized by the Court. 

M. Two (2) business days before a scheduled hearing, the Debtors shall, after consultation 

via email with the Court, file with the Court an agenda (the “Agenda”) setting forth 

each matter to be heard at the hearing (updated after the initial submission, if necessary) 

and shall serve the Agenda by email or facsimile on (i) the Standard Parties, (ii) the 

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Rule 2002 Parties, and (iii) any party that filed Documents referenced in the Agenda; 

provided, however, that where the Debtors have less than 48 hours’ notice of a hearing, 

the Debtors shall file an agenda only to the extent feasible. 

N. The Agenda shall include, to the extent known by the Debtors: (i) the docket number 

and title of each matter scheduled to be heard at the hearing, including the initial filing 

and any Objections, Statements, Replies, or Documents related thereto; (ii) whether the 

matter is contested or uncontested; (iii) whether the matter has been settled or is 

proposed to be continued; (iv) the identification number of any proof(s) of claim(s) 

implicated in the Document; and (v) other comments that will assist the Court; 

provided, however, that the matters listed on the Agenda shall be limited to matters of 

substance and shall not include administrative filings such as notices of appearance and 

affidavits of service. 

O. The Agenda may include notice of matters that have been consensually adjourned to a 

later hearing date in lieu of parties filing a separate notice of such adjournment. 

P. In the event a matter is properly noticed for hearing and the parties reach an agreement 

to settle the dispute prior to the hearing, the parties may announce the settlement at the 

scheduled hearing; provided, however, that the parties shall notify the Court, the Office 

of the United States Trustee, counsel for the Oversight Board, as representative of the 

Debtors, and the Creditors’ Committee of such agreement as soon as practicable prior 

to the hearing. In the event the Court determines that notice of the dispute and the 

hearing is adequate notice of the effects of the settlement (i.e., that the terms of the 

settlement are not materially different from what parties in interest could have expected 

if the dispute were fully litigated), the Court may approve the settlement at the hearing 

without further notice of the terms of the settlement. In the event the Court determines 

that additional or supplemental notice is required, the Debtors shall serve such notice 

in accordance with the Case Management Procedures and a hearing to consider such 

settlement shall be on the next hearing day deemed appropriate by the Court. 

Q. Subject to Paragraphs III.F, III.R, and III.S, a motion for relief from the automatic stay 

(a “Stay Relief Motion”) in accordance with Bankruptcy Code section 362 shall be 

noticed for consideration on the Omnibus Hearing Date that is at least 21 days after the 

Stay Relief Motion is filed and notice thereof is served upon counsel for the Oversight 

Board, as representative of the Debtors. Unless otherwise ordered by the Court, the 

Objection Deadline with respect thereto shall be the later to occur of (i) fourteen (14) 

calendar days after the date of filing and service of the Stay Relief Motion and (ii) seven 

(7) calendar days prior to the hearing scheduled with respect thereto; effectively, this 

means that the Objection Deadline will be seven (7) calendar days prior to the hearing 

scheduled with respect to the Stay Relief Motion, except in certain situations where an 

expedited hearing is scheduled with respect to the Stay Relief Motion. The movant 

may file and serve a reply three (3) calendar days prior to the hearing.

R. If a moving party notices a Stay Relief Motion for an Omnibus Hearing Date that falls 

on or after the thirtieth (30th) day after the filing of the Stay Relief Motion, or consents 

to the adjournment of an Omnibus Hearing to a date that falls on or after the thirtieth 

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(30th) day after the filing of the Stay Relief Motion, the moving party shall be deemed 

to have consented to the continuation of the automatic stay in effect pending the 

conclusion of, or as a result of, a final hearing and determination under Bankruptcy 

Code section 362(d), and shall be deemed to have waived its right to assert the 

termination of the automatic stay under Bankruptcy Code section 362(e) with respect 

to that Stay Relief Motion. Any moving party shall be permitted to request an expedited 

hearing on its Stay Relief Motion, as provided in Paragraph III.F, and in that case, the 

moving party shall not be deemed to have waived its right to assert the termination of 

the automatic stay under Bankruptcy Code section 362(e); provided, however, that any 

expedited hearing granted in accordance with this paragraph shall be without prejudice 

to the right of the parties to request, and/or the Court to otherwise treat, such expedited 

hearing as a preliminary hearing in accordance with Bankruptcy Code section 362(e). 

For the avoidance of doubt, any hearing on a Stay Relief Motion shall be scheduled as 

a final hearing (which the Court may later treat as a preliminary hearing in the Court’s 

discretion) unless the Affected Parties agree otherwise or the Court orders otherwise. 

A hearing on a Stay Relief Motion will take place only if an Objection is timely filed; 

if no Objection is timely filed, an order may be entered granting the relief requested. 

S. Notwithstanding Paragraphs III.Q and III.R, nothing in the foregoing paragraphs 

prejudices the rights of a party to request the expedited consideration of any motion 

seeking relief from stay, or the rights of the Debtors or any other party in interest to 

contest such request for expedited consideration. 

T. If the date any Document would be due falls on a day other than a business day, such 

Document must be filed and served by the first business day preceding such date, 

except where the Document relates to a hearing scheduled to be held within one week 

of the filing date, in which event the Document must be filed on the calendar date it is 

due. 

IV. Other Case Management Procedures

A. Nothing in the Procedures Order shall prejudice the rights of any party in interest to 

seek an amendment or waiver of the provisions of the Case Management Procedures 

upon a showing of good cause. 

B. The Debtors may seek to amend the Case Management Procedures from time to time 

throughout these Title III Cases, and shall present such amendments to the Court by 

notice of presentment in accordance with the Case Management Procedures. 

C. Within three (3) business days of entry of the Procedures Order or any amendment 

thereto, the Claims and Noticing Agent shall serve a printed copy of the relevant 

Procedures Order upon all parties on the Master Service List and post a copy of thethat

Procedures Order on the Case Website. 

D. The Court retains jurisdiction to hear and determine all matters arising from or relating 

to the implementation of the Procedures Order. 

 

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E. The Court retains power to provide notice of sua sponte amendments to the Case 

Management Procedures and/or Procedures Order. 

Dated: June 26, 2017

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