UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF PUERTO RICO

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:

In re: :

:

THE FINANCIAL OVERSIGHT AND : PROMESA

MANAGEMENT BOARD FOR PUERTO RICO, : Title III

:

as representative of : Case No. 17-BK-3283 (LTS)

:

THE COMMONWEALTH OF PUERTO RICO et al., : (Jointly Administered)

:

Debtors.1:

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CREDITORS’ COMMITTEE’S URGENT UNOPPOSED MOTION TO FILE OMNIBUS 

REPLY IN SUPPORT OF RENEWED BANKRUPTCY RULE 2004 MOTION 

UNDER SEAL

 

1 The Debtors in these title III cases, along with each Debtor’s respective title III case number listed as a bankruptcy 

case number due to software limitations 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) 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), (iii) Puerto Rico Highways and Transportation Authority (“HTA”) (Bankruptcy Case No. 17-BK3567 (LTS)) (Last Four Digits of Federal Tax ID: 3808), and (iv) Puerto Rico Sales Tax Financing Corporation 

(“COFINA”) (Bankruptcy Case No. 17-BK-3284 (LTS)) (Last Four Digits of Federal Tax ID: 8474); and (v) 

Puerto Rico Electric Power Authority (“PREPA”) (Bankruptcy Case No. 17 BK 4780-LTS) (Last Four Digits of 

Federal Tax ID: 3747).

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To the Honorable United States Magistrate Judge Judith G. Dein: 

The Official Committee of Unsecured Creditors of all title III debtors (other than 

COFINA) (the “Committee”) hereby submits this Urgent Unopposed Motion to File Omnibus 

Reply in Support of Renewed Bankruptcy Rule 2004 Motion Under Seal (the “Motion to Seal”), 

and hereby states as follows: 

RELIEF REQUESTED

1. The Committee has already filed a public, partially-redacted version of its

Omnibus Reply in Support of Renewed Motion Seeking Entry Of Order, Under Bankruptcy Rule 

2004, Authorizing Discovery With Respect To Certain Causes Of Puerto Rico Financial Crisis 

Beginning On August 15, 2018 [Docket No. 3183] (the “Omnibus Reply”). This Motion to Seal 

seeks to file a full, unredacted version of the Omnibus Reply under seal to protect certain 

confidential information covered by a Nondisclosure Agreement between the Committee and 

representatives of the Financial Oversight and Management Board (the “Oversight Board”).

2

 

JURISDICTION AND VENUE

2. The United States District Court for the District of Puerto Rico has subject matter 

jurisdiction over this matter pursuant to PROMESA section 306(a). Venue is proper pursuant to 

PROMESA section 307(a). 

3. The statutory basis for the relief requested herein is found in sections 105(a) of 

the Bankruptcy Code and Bankruptcy Rule 9018, made applicable to the title III cases by 

sections 301(a) and 310 of PROMESA, and Local Rule 9018-1 of the Local Bankruptcy Rules 

for the United States Bankruptcy Court for the District of Puerto Rico (the “Local Rules”). 

 

2 An unredacted version of the Omnibus Reply will be delivered to the court for in camera review. 

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BASIS FOR RELIEF REQUESTED

4. On May 30, 2018, the Committee filed a public, partially-redacted version of the 

Omnibus Reply. The Omnibus Reply responds to the various objections opposing the relief 

sought in the Committee’s Renewed Motion Seeking Entry of Order, Under Bankruptcy Rule 

2004, Authorizing Discovery With Respect to Certain Causes of Puerto Rico Financial Crisis 

Beginning On August 15, 2018 [Docket No. 3066] (the “Renewed Motion”).

3

5. As was the case with the Renewed Motion, the full, unredacted version of the 

Omnibus Reply contains information regarding the ongoing investigation being performed by 

certain representatives of the Oversight Board. That information is the subject of a 

Nondisclosure Agreement between the Committee and the Oversight Board, and concerns 

matters which—according to the Oversight Board—would impact the integrity of its 

investigative process. As such, while the Committee and the Oversight Board disagree as to the 

substantive relief sought in the Renewed Motion, the parties agree that the full, unredacted 

version of the Omnibus Reply should be filed under seal and only the redacted version of the 

Omnibus Reply be kept in the public file. The parties further agree that copies of the unredacted 

Omnibus Reply may be shared with the Puerto Rico Financial Institutions—the entities from 

whom the Committee intends to seek discovery. 

6. The Committee accordingly requests that the court grant the Motion to Seal and 

allow the Committee to file under seal the full, unredacted version of the Omnibus Reply. See 

Bankruptcy Rule 9018 (the court may “make any order which justice requires” in order to, 

among other things, “protect the estate or any entity in respect of a trade secret or other 

confidential research, development, or commercial information” or to “protect governmental 

 

3 Capitalized terms used but not otherwise defined in this Motion to Seal have the meanings set forth in the 

Renewed Motion. 

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matters that are made confidential by statute or regulation”). The Committee further notes that 

the treatment it requests for the Omnibus Reply is the exact same treatment approved for the 

Committee’s Renewed Motion and the Oversight Board’s objection to that Renewed Motion. 

See Orders Granting Motions to Seal [Docket Nos. 3085 and 3113]. 

NOTICE

7. Counsel for the Committee has conferred with counsel for the Oversight Board, 

who has reviewed the proposed redactions and does not have any objection to the form of those 

redactions or the relief otherwise sought in the Motion to Seal. Counsel for the Oversight Board 

also has agreed that the Puerto Rico Financial Institutions (the entities from whom the 

Committee seeks discovery) may review unredacted versions of the Omnibus Reply. 

NO PRIOR REQUEST

8. No previous request for the relief sought herein has been made by the Committee 

to this or any other court. 

9. Pursuant to Local Rule 9013-1 and paragraph I.H of the Fourth Amended Case 

Management Procedures [Docket No. 2839], the Committee hereby certifies that it has (a) 

carefully examined the matter and concluded that there is a true need for an urgent hearing; (b) 

not created the urgency through a lack of due diligence; (c) made a bona fide effort to resolve the 

matter without a hearing; (d) made reasonable, good faith communications in an effort to resolve 

or narrow the issues being brought to the court; and (e) conferred with the parties, who do not 

oppose the relief requested herein. 

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CONCLUSION

10. For the reasons stated above, the Committee requests that the Court grant the 

Motion to Seal and permit the filing of the full, unredacted version of the Omnibus Reply under 

seal. 

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Dated: May 30, 2018 /s/ Luc A. Despins, Esq.__

PAUL HASTINGS LLP

Luc. A. Despins, Esq. (Pro Hac Vice)

James R. Bliss, Esq. (Pro Hac Vice)

James B. Worthington, Esq. (Pro Hac Vice)

G. Alexander Bongartz, Esq. (Pro Hac Vice)

200 Park Avenue 

New York, New York 10166

Telephone: (212) 318-6000 

lucdespins@paulhastings.com 

jamesbliss@paulhastings.com

jamesworthington@paulhastings.com

alexbongartz@paulhastings.com

Counsel to the Official Committee of Unsecured 

Creditors

- and –

/s/ Juan J. Casillas Ayala, Esq.

CASILLAS, SANTIAGO & TORRES LLC

Juan J. Casillas Ayala, Esq., USDC - PR 218312

Diana M. Batlle-Barasorda, Esq., USDC - PR 213103

Alberto J. E. Añeses Negrón, Esq., USDC - PR 302710

Ericka C. Montull-Novoa, Esq., USDC - PR 230601 

El Caribe Office Building

53 Palmeras Street, Ste. 1601

San Juan, Puerto Rico 00901-2419

Telephone: (787) 523-3434

jcasillas@cstlawpr.com

dbatlle@cstlawpr.com

aaneses@cstlawpr.com 

emontull@cstlawpr.com

Local Counsel to the Official Committee of Unsecured 

Creditors

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