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

(Jointly Administered)

NOTICE OF AGENDA OF MATTERS SCHEDULED

FOR THE HEARING ON JULY 25–26, 2018 AT 9:30 A.M. (AST & EST)

Time and Date of 

Hearing:

Wednesday, July 25, 2018,

from 9:30 a.m. to 12:00 p.m., 

from 1:00 p.m. to 5:00 p.m.,

and, if necessary,

Thursday, July 26, 2018,

from 9:30 a.m. to 12:00 p.m., 

(Atlantic Standard Time)

Location of Hearing: Honorable Laura Taylor Swain, United States District Court Judge

Honorable Judith Gail Dein, United States Magistrate Judge

Courtroom 2

United States District Court for the District of Puerto Rico 

Clemente Ruiz Nazario United States Courthouse

150 Carlos Chardón Avenue

San Juan, P.R. 00918-1767

Video Teleconference: The hearing will be broadcast by video

teleconference in Courtroom 17C2of the United States District 

 

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).

2 Attendees should check the notice board in the lobby of the New York courthouse on the morning of the hearing to 

confirm the courtroom location.

Case:17-03283-LTS Doc#:3678 Filed:07/23/18 Entered:07/23/18 18:00:32 Desc: Main

Document Page 1 of 17
2

Court for the Southern District of New York, Daniel Patrick 

Moynihan Courthouse, 500 Pearl Street, New York, NY 10007

Copies of Documents: Copies of all documents filed in these title III cases are available free 

of charge (a) 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.

I. STATUS REPORTS:

1. Report from the Oversight Board.

Description: Status report from professionals for the Oversight Board on (1) PREPA’s 

operations, leadership and projected financing needs, and (2) the claims filing process and 

the anticipated claims management procedures.

Estimated Time Required: 20 minutes.

2. Response to Questions Regarding Status Report in Siemens v. HTA, et al.

Description: Parties shall be available to respond to questions regarding the joint status 

report addressing the scheduling, discovery and evidentiary hearing issues identified at the 

June 6, 2018 Omnibus Hearing.

Related Documents: 

A. Order [Case No. 18-ap-30, ECF No. 65]

B. Joint Status Report [Case No. 18-ap-30, ECF No. 66]

Estimated Time Required: 10 minutes.

II. CONTESTED MATTERS:

1. Creditors’ Committee’s Informative Motion re Renewed Rule 2004 Motion and 

Discovery Items. Creditors’ Committee’s Informative Motion Regarding Renewed Rule 

2004 Motion and Discovery Items to be Addressed at July 25, 2018 Omnibus Hearing 

[Case No. 17-3283, ECF No. 3424]

Description: Creditors’ Committee’s informative motion regarding renewed Rule 2004 

motion and discovery items to be addressed at July 25, 2018 omnibus hearing.

Objection Deadline: July 10, 2018 at 4:00 p.m. (Atlantic Standard Time).

Case:17-03283-LTS Doc#:3678 Filed:07/23/18 Entered:07/23/18 18:00:32 Desc: Main

Document Page 2 of 17
3

Responses: 

A. Objection By AAFAF Acting as Representative of GDB, to the UCC’s Informative 

Motion Regarding Renewed Rule 2004 Motion and Discovery Items to Be 

Addressed at July 25, 2018 Omnibus Hearing [Case No. 17-3283, ECF No. 3466]

Reply, Joinder & Statement Deadlines: July 17, 2018 at 4:00 p.m. (Atlantic Standard Time) 

for all parties other than the Debtors or Statutory Committees and July 18, 2018 at 4:00 

p.m. (Atlantic Standard Time) for Debtors and Statutory Committees.

Replies, Joinders & Statements: 

A. None.

Related Documents: 

A. Creditors’ Committee’s Urgent Unopposed Motion to File Informative Motion 

Regarding Rule 2004 Motion and Discovery Items to be Addressed at July 25, 2018 

Omnibus Hearing Under Seal [Case No. 17-3283, ECF No. 3429]

B. Order Granting Motion To File Under Seal [Case No. 17-3283, ECF No. 3437]

Status: This matter is going forward.

Estimated Time Required: 20 minutes.

2. Independent Investigator’s Motion Establishing Certain Procedures in Connection 

with Final Report. Motion of the Independent Investigator for an Order: (I) Establishing 

Procedures for Resolving any Confidentiality Dispute in Connection with Publication of 

the Independent Investigator’s Final Report; (II) Approving the Disposition of Documents 

and Information; (III) Relieving the Independent Investigator from Certain Discovery

Obligations; (IV) Exculpating the Independent Investigator in Connection with the 

Investigation and Publication of the Final Report; and (V) Granting Related Relief [Case 

No. 17-3283, ECF No. 3427]

Description: The Independent Investigator seeks entry of an order (I) establishing 

procedures for resolving any confidentiality dispute in connection with publication of the 

Independent Investigator’s final report; (II) approving the disposition of documents and 

information; (III) relieving the Independent Investigator from certain discovery obligations; 

(IV) exculpating the Independent Investigator in connection with the investigation and 

publication of the final report.

Objection Deadline: July 12, 2018 at 4:00 p.m. (Atlantic Standard Time).

Responses: 

A. Limited Objection to Motion of the Independent Investigator for an Order: (I) 

Establishing Procedures for Resolving Any Confidentiality Dispute in Connection 

with Publication of the Independent Investigator’s Final Report; (II) Approving the 

Disposition of Documents and Information; (III) Relieving the Independent 

Investigator from Certain Discovery Obligations; (IV) Exculpating the Independent 

Case:17-03283-LTS Doc#:3678 Filed:07/23/18 Entered:07/23/18 18:00:32 Desc: Main

Document Page 3 of 17
4

Investor in Connection with the Investigation and Publication of the Final Report;

and (V) Granting Related Relief [Case No. 17-3283, ECF No. 3497]

B. Response of AAFAF, as Representative of GDB, to the Retiree Committee’s 

Limited Objection to the Investigator’s Exit Plan Motion, and the UCC’s Joinder to 

the Retiree Committee’s Limited Objection [Case No. 17-3283, ECF No. 3662]

Reply, Joinder & Statement Deadlines: July 20, 2018 at 4:00 p.m. (Atlantic Standard 

Time).

Replies, Joinders & Statements: 

A. Creditors’ Committee’s Joinder to Retiree Committee’s Limited Objection 

Regarding Investigator’s Exit Plan Motion [Case No. 17-3283, ECF No. 3498]

B. Statement in Response to Motion of the Independent Investigator for an Order: (I) 

Establishing Procedures for Resolving Any Confidentiality Dispute in Connection 

with Publication of the Independent Investigator’s Final Report; (II) Approving the 

Disposition of Certain Documents and Information; (III) Relieving the Independent 

Investigator from Certain Discovery Obligations; (IV) Exculpating the Independent 

Investigator in Connection with the Investigation and Publication of the Final

Report; and (V) Granting Related Relief [Case No. 17-3283, ECF No. 3660]

C. Corrected Reply in Support of Motion for the Independent Investigator for Order: 

(I) Establishing Procedures for Resolving Any Confidentiality Dispute in 

Connection with Publication of the Independent Investigator’s Final Report; (II) 

Approving the Disposition of Certain Documents and Information; (III) Relieving 

the Independent Investigator from Certain Discovery Obligations; (IV) Exculpating 

the Independent Investigator in Connection with the Investigation and Publication 

of the Final Report; and (V) Granting Related Relief [Case No. 17-3283, ECF No. 

3666]

Related Documents: 

A. Order [Case No. 17-3283, ECF No. 3317]

B. Unopposed Motion for Entry of Briefing Schedule Regarding Investigator’s 

Proposed “Exit Plan” [Case No. 17-3283, ECF No. 3407]

C. Order Granting Creditors’ Committee’s Motion for Entry of Briefing Schedule 

Regarding Investigator’s Proposed “Exit Plan” [Case No. 17-3283, ECF No. 3409]

D. Joint Urgent Unopposed Motion of Creditors’ Committee and Retiree Committee to 

File Limited Objection and Joinder to Limited Objection to Investigator’s Exit Plan 

Motion under Seal [Case No. 17-3283, ECF No. 3499]

E. Order Granting Joint Urgent Unopposed Motion of Creditors’ Committee and 

Retiree Committee to File Limited Objection and Joinder to Limited Objection to 

Investigator’s Exit Plan Motion under Seal [Case No. 17-3283, ECF No. 3504]

Case:17-03283-LTS Doc#:3678 Filed:07/23/18 Entered:07/23/18 18:00:32 Desc: Main

Document Page 4 of 17
5

F. Reply in Support of Motion for the Independent Investigator for Order: (I) 

Establishing Procedures for Resolving Any Confidentiality Dispute in Connection 

with Publication of the Independent Investigator’s Final Report; (II) Approving the 

Disposition of Certain Documents and Information; (III) Relieving the Independent 

Investigator from Certain Discovery Obligations; (IV) Exculpating the Independent 

Investigator in Connection with the Investigation and Publication of the Final

Report; and (V) Granting Related Relief [Case No. 17-3283, ECF No. 3665]

Status: This matter is going forward.

Estimated Time Required: 50 minutes.

3. Motion of Certain Secured Creditors of ERS for Relief from the Automatic Stay.

Preliminary hearing on Motion of Certain Secured Creditors of the Employees Retirement 

System of the Government of the Commonwealth of Puerto Rico for Relief from the 

Automatic Stay [Case No. 17-3283, ECF No. 3418]

Description: Certain Secured Creditors of the Employees Retirement System of the 

Government of the Commonwealth of Puerto Rico seek relief from the automatic stay.

Objection Deadline: July 10, 2018 at 4:00 p.m. (Atlantic Standard Time).

Responses: 

A. Debtor’s Opposition to Motion of Certain Secured Claimholders of Employees 

Retirement System of Government of Commonwealth of Puerto Rico for Relief 

from Automatic Stay [Case No. 17-3283, ECF No. 3465]

B. Objection of the Official Committee of Retired Employees of the Commonwealth 

Of Puerto Rico to the ERS Bondholders’ Motion for Relief from the Automatic 

Stay [Case No. 17-3283, ECF No. 3468]

C. Limited Response and Joinder of the Bank of New York Mellon, as Fiscal Agent, to 

Motion of Certain Secured Creditors of the Employees Retirement System of the 

Government of the Commonwealth of Puerto Rico for Relief from the Automatic 

Stay [Case No. 17-3283, ECF No. 3471]

Reply, Joinder & Statement Deadlines: July 17, 2018 at 4:00 p.m. (Atlantic Standard Time) 

for all parties other than the Debtors or Statutory Committees and July 18, 2018 at 4:00 

p.m. (Atlantic Standard Time) for Debtors and Statutory Committees.

Replies, Joinders & Statements: 

A. Joinder of the American Federation of State, County and Municipal Employees to 

(1) the Objection of the Official Committee of Retired Employees of the 

Commonwealth of Puerto Rico to the ERS Bondholders’ Motion for Relief from the 

Automatic Stay and (2) Debtor’s Opposition to Motion of Certain Secured 

Claimholders of Employees Retirement System of Government of Commonwealth 

of Puerto Rico for Relief from Automatic Stay [Case No. 17-3283, ECF No. 3467]

Case:17-03283-LTS Doc#:3678 Filed:07/23/18 Entered:07/23/18 18:00:32 Desc: Main

Document Page 5 of 17
6

B. Amended Joinder of the American Federation of State, County and Municipal 

Employees to (1) the Objection of the Official Committee of Retired Employees of 

the Commonwealth of Puerto Rico to the ERS Bondholders’ Motion for Relief from 

the Automatic Stay and (2) Debtor’s Opposition to Motion of Certain Secured 

Claimholders of Employees Retirement System of Government of Commonwealth 

of Puerto Rico for Relief from Automatic Stay [Case No. 17-3283, ECF No. 3469]

C. Joinder of Official Committee of Unsecured Creditors to Debtor’s and Retiree 

Committee’s Objections to Motion of Certain Secured Creditors of Employees 

Retirement System of Government of Commonwealth of Puerto Rico for Relief 

from Automatic Stay [Case No. 17-3283, ECF No. 3470]

D. Reply of Certain Secured Creditors of the Employees Retirement System of the 

Government of the Commonwealth of Puerto Rico in Support of Motion for Relief 

from the Automatic Stay [Case No. 17-3283, ECF No. 3592]

Related Documents: 

A. Order Scheduling Preliminary and Final Hearings Regarding Motion of Certain 

Secured Creditors of the Employees Retirement System of the Government of the

Commonwealth of Puerto Rico for Relief from the Automatic Stay [Case No. 17-

3283, ECF No. 3654]

Status: This matter is going forward.

Estimated Time Required: 20 minutes.

4. Creditors’ Committee Motion to Clarify or Amend Fourth Amended Notice, Case 

Management and Administrative Procedures. Motion of Official Committee of 

Unsecured Creditors to Clarify or Amend Fourth Amended Notice, Case Management and 

Administrative Procedures Regarding Disclosure Requirements Pursuant to Federal Rule of 

Bankruptcy Procedure 2019 [Case No. 17-3283, ECF No. 3432]

Description: The Creditors’ Committee seeks to clarify or amend the fourth amended 

notice, case management and administrative procedures regarding disclosure requirements 

pursuant to Federal Rule of Bankruptcy Procedure 2019.

Objection Deadline: July 10, 2018 at 4:00 p.m. (Atlantic Standard Time).

Responses: 

A. Response of the Ad Hoc Group of General Obligation Bondholders to the Motion of 

Official Committee of Unsecured Creditors to Clarify or Amend Fourth Amended 

Notice, Case Management and Administrative Procedures Regarding Disclosure 

Requirements Pursuant to Federal Rule of Bankruptcy Procedure 2019 [Case No. 

17-3283, ECF No. 3483]

Case:17-03283-LTS Doc#:3678 Filed:07/23/18 Entered:07/23/18 18:00:32 Desc: Main

Document Page 6 of 17
7

Reply, Joinder & Statement Deadlines: July 17, 2018 at 4:00 p.m. (Atlantic Standard Time) 

for all parties other than the Debtors or Statutory Committees and July 18, 2018 at 4:00 

p.m. (Atlantic Standard Time) for Debtors and Statutory Committees.

Replies, Joinders & Statements: 

A. Reply of Official Committee of Unsecured Creditors in Support of Motion to 

Clarify or Amend Fourth Amended Notice, Case Management and Administrative 

Procedures Regarding Disclosure Requirements Pursuant to Federal Rule of

Bankruptcy Procedure 2019 [Case No. 17-3283, ECF No. 3607]

Related Documents: 

A. None.

Status: This matter is going forward.

Estimated Time Required: 15 minutes.

5. Retirees’ Committee’s Motion to Compel the Puerto Rico Department of Treasury to 

Comply with First and Second Amended Orders re Interim Compensation. Urgent 

Motion to Compel the Puerto Rico Department of Treasury to Comply with the First and 

Second Amended Orders Setting Procedures for Interim Compensation and Reimbursement 

of Expenses of Professionals [Case No. 17-3283, ECF No. 3513]

Description: The Retirees’ Committee’s motion to compel the Puerto Rico Department of 

Treasury to comply with the first and second amended orders setting procedures for interim 

compensation and reimbursement of expenses of professionals.

Objection Deadline: July 20, 2018 at 12:00 p.m. (Atlantic Standard Time).

Responses: 

A. AAFAF’S Omnibus Response to Motions to Compel Payment Filed by the 

Retirees’ Committee [ECF No. 3513], COFINA Agent [ECF No. 3544], and 

Unsecured Creditors’ Committee [ECF No. 3604] [Case No. 17-3283, ECF No. 

3655]

Reply, Joinder & Statement Deadlines: July 22, 2018 at 12:00 p.m. (Atlantic Standard 

Time).

Replies, Joinders & Statements: 

A. Retirees’ Committee’s Reply in Support of Urgent Motion to Compel the Puerto 

Rico Department of Treasury to Comply with the First and Second Amended 

Orders Setting Procedures for Interim Compensation and Reimbursement of 

Expenses of Professionals [Case No. 17-3283, ECF No. 3673]

Related Documents: 

A. Order Scheduling Briefing of Urgent Motion to Compel the Puerto Rico 

Department of Treasury to Comply with the First and Second Amended Orders 

Case:17-03283-LTS Doc#:3678 Filed:07/23/18 Entered:07/23/18 18:00:32 Desc: Main

Document Page 7 of 17
8

Setting Procedures for Interim Compensation and Reimbursement of Expenses of 

Professionals [Case No. 17-3283, ECF No. 3518]

B. Supplement to Urgent Motion to Compel the Puerto Rico Department of Treasury 

to Comply with the First and Second Amended Orders Setting Procedures for 

Interim Compensation and Reimbursement of Expenses of Professional [Case No. 

17-3283, ECF No. 3649]

Status: This matter is going forward.

Estimated Time Required: [10 minutes].

6. COFINA Agent’s Motion to Compel the Puerto Rico Department of Treasury to 

Comply with Orders re Interim Compensation. COFINA Agent’s Urgent Motion to 

Compel the Puerto Rico Department of Treasury to Comply with the Orders Setting 

Procedures for Interim Compensation and Reimbursement of Expenses of Professionals

[Case No. 17-3283, ECF No. 3544]

Description: The COFINA Agent’s motion to compel the Puerto Rico Department of 

Treasury to comply with the orders setting procedures for interim compensation and 

reimbursement of expenses of professionals.

Objection Deadline: July 20, 2018 at 12:00 p.m. (Atlantic Standard Time).

Responses: 

A. AAFAF’S Omnibus Response to Motions to Compel Payment Filed by the Retiree 

Committee [ECF No. 3513], COFINA Agent [ECF No. 3544], and Unsecured 

Creditors’ Committee [ECF No. 3604] [Case No. 17-3283, ECF No. 3655]

Reply, Joinder & Statement Deadlines: July 22, 2018 at 12:00 p.m. (Atlantic Standard 

Time).

Replies, Joinders & Statements: 

A. COFINA Agent’s Reply to AAFAF’s Omnibus Response to Motions to Compel 

Payment [Case No. 17-3283, ECF No. 3667]

Related Documents: 

A. COFINA Agent’s Urgent Motion to Expedite Consideration of COFINA Agent’s 

Urgent Motion to Compel the Puerto Rico Department of Treasury to Comply with 

the Orders Setting Procedures for Interim Compensation and Reimbursement of 

Expenses of Professionals [Case No. 17-3283, ECF No. 3546]

B. Order Scheduling Briefing of COFINA Agent’s Urgent Motion to Compel the 

Puerto Rico Department of Treasury to Comply with the Orders Setting Procedures

for Interim Compensation and Reimbursement of Expenses of Professionals [Case 

No. 17-3283, ECF No. 3557]

Case:17-03283-LTS Doc#:3678 Filed:07/23/18 Entered:07/23/18 18:00:32 Desc: Main

Document Page 8 of 17
9

Status: This matter is going forward.

Estimated Time Required: 10 minutes.

III.UNCONTESTED MATTERS

The Official Committee of Unsecured Creditors of the Commonwealth of Puerto Rico, as 

agent of the Commonwealth of Puerto Rico v. Bettina Whyte, as Agent of the Puerto Rico 

Sales Tax Financing Corporation, Case No. 17-ap-257

1. Commonwealth Agent’s Renewed Motion to Establish Procedures re 5.5% SUT 

Revenues. Commonwealth Agent’s Renewed Motion, Pursuant to Bankruptcy Code 

Section 105(a) and Bankruptcy Rule 9019, for Order Establishing Procedures Governing 

5.5% SUT Revenues Collected On or After July 1, 2018 [Case No. 17-ap-257, ECF No.

526]

Description: The Commonwealth Agent seeks entry of an order, pursuant to Bankruptcy

Code Section 105(a) and Bankruptcy Rule 9019, for Order establishing procedures 

governing 5.5% SUT revenues collected on or after July 1, 2018.

Objection Deadline: July 23, 2018 at 12:00 p.m. (Atlantic Standard Time).

Responses: 

A. Response of the Bank of New York Mellon to Commonwealth Agent’s Renewed 

Motion for Order Establishing Procedures Governing 5.5% SUT Revenues 

Collected On or After July 1, 2018 [Case No. 17-ap-257, ECF No. 533]

Reply, Joinder & Statement Deadlines: July 24, 2018 at 12:00 p.m. (Atlantic Standard 

Time).

Replies, Joinders & Statements: 

A. [TBD]

Related Documents: 

A. Order Scheduling Briefing of Commonwealth Agent’s Renewed Motion, Pursuant 

to Bankruptcy Code Section 105(a) and Bankruptcy Code 9019, for Order 

Establishing Procedures Governing 5.5% SUT Revenues Collected On or After July

1, 2018 [Case No. 17-ap-257, ECF No. 527]

B. Notice of Filing Of Proposed Supplemental Order Approving Accounting 

Procedures Governing 5.5% SUT Revenues Collected on or After July 1, 2018

[Case No. 17-ap-257, ECF No. 529]

C. Supplemental Order Approving Accounting Procedures Governing 5.5% SUT

Revenues Collected on or After July 1, 2018 [Case No. 17-ap-257, ECF No. 531]

Case:17-03283-LTS Doc#:3678 Filed:07/23/18 Entered:07/23/18 18:00:32 Desc: Main

Document Page 9 of 17
10

D. Affidavits of Publication of Notice to Beneficial Owners of COFINA Bonds of (A) 

Commonwealth Agent’s Renewed Motion for Order Establishing Procedures 

Governing 5.5% SUT Revenues Collected on or after July 1, 2018 and (B) July 25, 

2018 Hearing Thereon in USA Today and El Nuevo Dia on July 9, 2018 [Case No. 

17-ap-257, ECF No. 532]

Status: This matter is going forward.

Estimated Time Required: 5 minutes.

IV.ADVERSARY PROCEEDINGS:

Rosello Nevares et al. v. The Financial Oversight and Management Board for Puerto Rico 

et al., Case No. 18-ap-80

1. Motion to Dismiss Complaint. Defendants’ Notice of Motion Pursuant to Fed. R. Civ. P. 

12(b)(1) and 12(b)(6) to Dismiss Plaintiffs’ Complaint Dated July 5, 2018 [Case No. 18-

ap-80, ECF No. 16]

Description: The FOMB seeks to dismiss the Governor’s complaint seeking declaratory

and injunctive relief to prohibit the FOMB from implementing and enforcing certain 

initiatives through the certified fiscal plan and/or budget the Governor alleges are nonbinding recommendations.

Objection Deadline: July 17, 2018 at 5:00 p.m. (Atlantic Standard Time) for all parties 

other than the Committee; July 20, 2018 at 5:00 p.m. (Atlantic Standard Time) for the 

Committee.

Responses: 

A. Plaintiffs’ Opposition to Defendants’ Motion to Dismiss [Case No. 18-ap-80, ECF 

No. 22]

Reply, Joinder & Statement Deadlines: July 20, 2018 at 12:00 p.m. (Atlantic Standard 

Time) for all replies other than to the Committee; July 23, 2018 at 12:00 p.m. (Atlantic 

Standard Time) to respond to any pleading filed by the Committee.

Replies, Joinders & Statements: 

A. Defendants’ Response to APRUM’s Motion to Intervene under Federal Rule of 

Bankruptcy Procedure 7024 [Case No. 18-ap-80, ECF No. 26]

B. Defendants’ Reply Memorandum of Law in Support of Motion Pursuant to Fed. R. 

Civ. P. 12(b)(1) and 12(b)(6) to Dismiss Plaintiffs’ Complaint Dated July 5, 2018

[Case No. 18-ap-80, ECF No. 28]

Related Documents: 

Case:17-03283-LTS Doc#:3678 Filed:07/23/18 Entered:07/23/18 18:00:32 Desc: Main

Document Page 10 of 17
11

A. Adversary Complaint for Declaratory and Injunctive Relief [Case No. 18-ap-80, 

ECF No. 1]

B. Order Granting Plaintiffs’ Urgent Motion to Shorten Defendants’ Time to Respond 

to Adversary Complaint [Case No. 18-ap-80, ECF No. 8]

C. Official Committee of Unsecured Creditors’ Urgent Consent Motion for Limited 

Intervention under Bankruptcy Rule 7024 [Case No. 18-ap-80, ECF No. 11]

D. Order Granting Limited Intervention [Case No. 18-ap-80, ECF No. 13]

E. Defendants’ Memorandum of Law in Support of Motion Pursuant to Fed. R. Civ. P. 

12(b)(1) and 12(b)(6) to Dismiss Plaintiffs’ Complaint Dated July 5, 2018 [Case 

No. 18-ap-80, ECF No. 17]

F. Motion Submitting Certified Translations [Case No. 18-ap-80, ECF No. 18]

G. Urgent Motion of APRUM for Limited Intervention under Federal Rule of 

Bankruptcy Procedure 7024 [Case No. 18-ap-80, ECF No. 21]

H. Order Setting Briefing Schedule Regarding Urgent Motion of APRUM for Limited 

Intervention under Federal Rule of Bankruptcy Procedure 7024 [Case No. 18-ap80, ECF No. 23]

I. Urgent Consented to Motion for Leave to Exceed Page Limits [Case No. 18-ap-80, 

ECF No. 25]

J. Order re Urgent Consented to Motion for Leave to Exceed Page Limits [Case No. 

18-ap-80, ECF No. 27]

K. Order Denying APRUM Urgent Motion to Intervene [Case No. 18-ap-80, ECF No. 

29]

L. Motion for Leave to File Legal Brief as Amicus Curiae filed by Rafael M. 

Arrillaga-Romany on Behalf of the Popular Democratic Caucus of the Senate of 

Puerto Rico [Case No. 18-ap-80, ECF No. 31]

Status: This matter is going forward.

Estimated Time Required: 50 minutes.

Rivera - Schatz et al. v. Commonwealth of Puerto Rico et al., Case No. 18-ap-81

2. Motion to Dismiss Complaint. Defendants’ Notice of Motion Pursuant to Fed. R. Civ. P. 

12(b)(1) And 12(b)(6) to Dismiss Plaintiffs’ Complaint Dated July 9, 2018 [Case No. 18-

ap-81, ECF No. 26]

Case:17-03283-LTS Doc#:3678 Filed:07/23/18 Entered:07/23/18 18:00:32 Desc: Main

Document Page 11 of 17
12

Description: The FOMB seeks to dismiss the Legislative Assembly’s complaint seeking, 

among other things, a declaration that the FOMB exceeded its statutory authority by

allegedly attempting to force the Legislative Assembly to repeal law 80 as well as 

injunctive relief to prohibit the FOMB from enforcing its certified budget and to compel 

the FOMB to certify the budget the Legislature enacted.

Objection Deadline: July 21, 2018 at 5:00 p.m. (Atlantic Standard Time).

Responses: 

A. Plaintiffs Opposition to Motion to Request Leave to Intervene [Case No. 18-ap-81, 

ECF No. 30]

B. Defendants’ Partial Opposition to Motion to Request Leave to Intervene [Case No. 

18-ap-81, ECF No. 31]

C. Response in Opposition to Motion to Request Leave to Intervene [Case No. 18-ap81, ECF No. 32]

D. Response in Opposition to Defendants’ Motion to Dismiss [Case No. 18-ap-81, 

ECF No. 38]

Reply, Joinder & Statement Deadlines: July 23, 2018 at 5:00 p.m. (Atlantic Standard 

Time).

Replies, Joinders & Statements: 

A. Defendants’ Reply Memorandum of Law in Support of Motion Pursuant to Fed. R. 

Civ. P. 12(b)(1) and 12(b)(6) to Dismiss Plaintiffs’ Complaint Dated July 9, 2018

[Case No. 18-ap-81, ECF No. 40]

Related Documents: 

A. Legislative Assembly of the Commonwealth of Puerto Rico’s Adversary Complaint 

For Declaratory And Injunctive Relief [Case No. 18-ap-81, ECF No. 1]

B. Joint Urgent Motion for a Stipulated Reduced Schedule to Respond to the 

Adversary Complaint [Case No. 18-ap-81, ECF No. 8]

C. Order Granting Joint Urgent Motion for a Stipulated Reduced Schedule to Respond 

to the Adversary Complaint [Case No. 18-ap-81, ECF No. 10]

D. Motion to Withdraw Joint Urgent Motion for a Stipulated Reduced Schedule to 

Respond to the Adversary Complaint Filed at Docket Document No. 8 in Error and 

Tendering Correct Version for Substitution Thereof [Case No. 18-ap-81, ECF No. 

11]

E. Order Denying Motion to Withdraw Joint Urgent Motion for a Stipulated Reduced 

Schedule to Respond to the Adversary Complaint Filed at Docket Document No. 8 

in Error and Tendering Correct Version for Substitution Thereof [Case No. 18-ap81, ECF No. 13]

Case:17-03283-LTS Doc#:3678 Filed:07/23/18 Entered:07/23/18 18:00:32 Desc: Main

Document Page 12 of 17
13

F. Informative Motion Regarding Joint Urgent Motion for a Stipulated Reduced 

Schedule to Respond to the Adversary Complaint Filed at Docket Document No. 8, 

Pursuant to Court’s Order at Docket Document No. 13 [Case No. 18-ap-81, ECF 

No. 14]

G. Motion to Request Leave to Intervene [Case No. 18-ap-81, ECF No. 20]

H. Order Setting Briefing Schedule Regarding Motion to Request Leave to Intervene

[Case No. 18-ap-81, ECF No. 22]

I. Motion in Compliance with Fed. R. Civ. P. 5.1 [Case No. 18-ap-81, ECF No. 24]

J. Defendants’ Memorandum of Law in Support of Motion Pursuant to Fed. R. Civ. P. 

12(b)(1) And 12(b)(6) to Dismiss Plaintiffs’ Complaint Dated July 9, 2018 [Case 

No. 18-ap-81, ECF No. 27]

K. Declaration of Kevin J. Perra in Support of Defendants’ Motion Pursuant to Fed. R. 

Civ. P. 12(b)(1) And 12(b)(6) to Dismiss Plaintiffs’ Complaint Dated July 9, 2018 

[Case No. 18-ap-81, ECF No. 28]

L. Motion to Request Leave to File the Attached Omnibus Reply to the Original 

Parties’ Oppositions to the Pending Plea for Intervention [Case No. 18-ap-81, ECF 

No. 35]

M. Order Granting Leave to File Reply and Denying Motion to Intervene [Case No. 

18-ap-81, ECF No. 37]

Status: This matter is going forward.

Estimated Time Required: 45 minutes.

V. ADJOURNED MATTERS:

1. Committee’s Motion to Compel the Debtors to Comply with Interim Compensation

Orders. Official Committee of Unsecured Creditors’ (A) Urgent Motion, Pursuant to 

Bankruptcy Code Section 105(a), to Compel Debtors to Comply with Interim 

Compensation Orders and (B) Joinder in Motions of Retiree Committee and COFINA

Agent to Compel Compliance with Same [Case No. 17-3283, ECF No. 3604]

Description: The Official Committee of Unsecured Creditors’ (a) urgent motion, pursuant 

to Bankruptcy Code Section 105(a), to compel Debtors to comply with interim 

compensation orders and (b) joinder in motions of Retiree Committee and COFINA Agent 

to compel compliance with same.

Objection Deadline: July 20, 2018 at 12:00 p.m. (Atlantic Standard Time).

Responses: 

Case:17-03283-LTS Doc#:3678 Filed:07/23/18 Entered:07/23/18 18:00:32 Desc: Main

Document Page 13 of 17
14

A. AAFAF’S Omnibus Response to Motions to Compel Payment Filed by the Retiree 

Committee [ECF No. 3513], COFINA Agent [ECF No. 3544], and Unsecured 

Creditors’ Committee [ECF No. 3604] [Case No. 17-3283, ECF No. 3655]

Reply, Joinder & Statement Deadlines: July 22, 2018 at 12:00 p.m. (Atlantic Standard 

Time).

Replies, Joinders & Statements: 

A. [TBD].

Related Documents: 

A. Urgent Motion of Official Committee of Unsecured Creditors to Expedite 

Consideration of its Urgent Motion, Pursuant to Bankruptcy Code Section 105(a), 

to Compel Debtors to Comply with Interim Compensation Orders [Case No. 17-

3283, ECF No. 3605]

B. Order Scheduling Briefing of Official Committee of Unsecured Creditors’ (A) 

Urgent Motion, Pursuant to Bankruptcy Code Section 105(a), to Compel Debtors to 

Comply with Interim Compensation Orders and (B) Joinder i Motions of Retiree 

Committee and COFINA Agent to Compel Compliance with Same [Case No. 17-

3283, ECF No. 3608]

C. Informative Motion Regarding Consensual Adjournment of Official Committee of 

Unsecured Creditors’ Urgent Motion, Pursuant to Bankruptcy Code Section 105(a), 

to Compel Debtors to Comply with Interim Compensation Orders, Solely as it 

Relates to Request to Compel Payment of Paul Hastings’ Fees and Expenses [Case 

No. 17-3283, ECF No. 3652]

D. Informative Motion Regarding Withdrawal, Without Prejudice, of the Official 

Committee of Unsecured Creditors’ Urgent Motion to Compel Debtors to Comply

with Interim Compensation Orders, Solely as It Relates to Request to Compel

Payments of Kroma’s Fees and Expenses [Case No. 17-3283, ECF No. 3668]

Status: This matter has been adjourned.

Estimated Time Required: 5 minutes.

2. Report from the Fee Examiner regarding First Interim Applications for 

Compensation.

Description: The Fee Examiner, Brady C. Williamson, will present his recommendations 

regarding the first interim applications for allowance of compensation and reimbursement 

of expenses submitted by the following professionals:

Applicant Docket No. Period

1. McKinsey & Company, Inc. Washington D.C. (Consulting 

Services Provider to FOMB)

2073 5/3/17 – 9/30/17

Case:17-03283-LTS Doc#:3678 Filed:07/23/18 Entered:07/23/18 18:00:32 Desc: Main

Document Page 14 of 17
15

Related Documents: 

A. Fee Examiner’s Initial Report [Case No. 17-3283, ECF No. 2645]

B. Fee Examiner’s Supplemental Report and Informative Motion on Uncontested Fee 

Applications for the First Interim Compensation Period (May 3 - September 30, 

2017) Recommended for Court Approval at or Before the Omnibus Hearing on 

April 25, 2018 at 9:30 A.M. (AST) [Case No. 17-3283, ECF No. 2909]

C. Fee Examiner’s Supplemental Report, Status Report, and Informative Motion on 

Uncontested Fee Applications for the First (May 3-September 30, 2017) and 

Second (October 1, 2017-January 31, 2018) Interim Compensation Periods—All 

Recommended for Court Approval at or Before the Omnibus Hearing on July 25, 

2018 At 9:30 A.M. (AST) [Case No. 17-3283, ECF No. 3613]

Status: This matter has been adjourned until the September 12, 2018 omnibus hearing.

Estimated Time Required: [5 minutes].

1. Report from the Fee Examiner regarding Second Interim Applications for 

Compensation.

Description: The Fee Examiner, Brady C. Williamson, will present his recommendations 

regarding the second interim applications for allowance of compensation and 

reimbursement of expenses submitted by the following professionals:

Applicant Docket No. Period

1. Proskauer Rose LLP (Attorneys for FOMB, as representative 

of Debtor Commonwealth)

2868 10/1/17 – 1/31/18

2. Proskauer Rose LLP (Attorneys for FOMB, as representative 

of Debtor COFINA)

2870 10/1/17 – 1/31/18

3. Proskauer Rose LLP (Attorneys for FOMB, as representative 

of Debtor ERS)

2872 10/1/17 – 1/31/18

4. Proskauer Rose LLP (Attorneys for FOMB, as representative 

of Debtor PREPA)

2876 10/1/17 – 1/31/18

5. Proskauer Rose LLP (Attorneys for FOMB, as representative 

of Debtor HTA)

2874 10/1/17 – 1/31/18

6. McKinsey & Company, Inc. Washington D.C. (Consulting 

Services Provider to FOMB)

2756 10/1/17 – 1/31/18

7. Deloitte Financial Advisory Services LLP (Financial 

Advisors to the Debtors)

3017 10/1/17 – 1/31/18

8. Luskin, Stern & Eisler LLP (Special Counsel to FOMB) 2729 10/1/17 – 1/31/18

9. Citigroup Global Markets Inc. (Investment Banker and 

Financial Advisor to FOMB)*

2944 1/27/17 – 1/31/18

10. Andrew Wolfe (Independent Contractor to FOMB) 2718 10/1/17 – 1/31/18

Case:17-03283-LTS Doc#:3678 Filed:07/23/18 Entered:07/23/18 18:00:32 Desc: Main

Document Page 15 of 17
16

Applicant Docket No. Period

11. Ankura Consulting Group, LLC (Financial Advisors to 

AAFAF)

2751 10/1/17 – 1/31/18

12. Ankura Consulting Group, LLC (Financial Advisors to 

PREPA)

2755 10/1/17 – 1/31/18

13. Zolfo Cooper (Financial Advisor to the Official Committee of 

Unsecured Creditors)

2739 10/1/17 – 1/31/18

* An asterisk next to a name denotes that this is the first interim application filed by that applicant.

Related Documents: 

A. Fee Examiner’s Second Report on Professional Fees and Expenses (October 1, 

2017-January 31, 2018) [Case No. 17-3283, ECF No. 3193]

B. Fee Examiner’s Supplemental Report, Status Report, and Informative Motion on 

Uncontested Fee Applications for the First (May 3-September 30, 2017) and 

Second (October 1, 2017-January 31, 2018) Interim Compensation Periods—All 

Recommended for Court Approval at or Before the Omnibus Hearing on July 25, 

2018 At 9:30 A.M. (AST) [Case No. 17-3283, ECF No. 3613]

Status: This matter has been adjourned until the September 12, 2018 omnibus hearing.

Estimated Time Required: 5 minutes.

[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]

Case:17-03283-LTS Doc#:3678 Filed:07/23/18 Entered:07/23/18 18:00:32 Desc: Main

Document Page 16 of 17
17

Dated: July 23, 2018

San Juan, Puerto Rico

Respectfully submitted,

/s/ Martin J. Bienenstock

Martin J. Bienenstock

Paul V. Possinger

Ehud Barak

Maja Zerjal

(Admission Pro Hac Vice)

PROSKAUER ROSE LLP

Eleven Times Square

New York, NY 10036

Tel: (212) 969-3000

Fax: (212) 969-2900

Attorneys for the Financial Oversight and 

Management Board as representative for the 

Debtors

/s/ Hermann D. Bauer

Hermann D. Bauer

USDC No. 215205

O’NEILL & BORGES LLC

250 Muñoz Rivera Ave., Suite 800

San Juan, PR 00918-1813

Tel: (787) 764-8181

Fax: (787) 753-8944

Co-Attorneys for the Financial Oversight and 

Management Board as representative for the 

Debtors

Case:17-03283-LTS Doc#:3678 Filed:07/23/18 Entered:07/23/18 18:00:32 Desc: Main

Document Page 17 of 17