UNITED STATES DISTRICT COURT 

DISTRICT OF PUERTO RICO

In re: 

THE FINANCIAL OVERSIGHT AND 

MANAGEMENT BOARD FOR PUERTO RICO, 

as representative of 

THE COMMONWEALTH OF PUERTO RICO, et al., 

Debtors.1

PROMESA 

Title III 

No. 17 BK 3283-LTS 

Re: ECF Nos. 3019, 3462, 3502

(Jointly Administered) 

In re: 

THE FINANCIAL OVERSIGHT AND 

MANAGEMENT BOARD FOR PUERTO RICO, 

as representative of 

THE COMMONWEALTH OF PUERTO RICO, 

Debtor. 

PROMESA 

Title III 

No. 17 BK 3283-LTS 

This Urgent Motion relates to the 

Commonwealth, HTA, and PREPA, and 

shall be filed in Case Nos. 17 BK 3283- 

LTS, 17 BK 3567-LTS, and 17 BK 4780- 

LTS.

In re: 

THE FINANCIAL OVERSIGHT AND 

MANAGEMENT BOARD FOR PUERTO RICO, 

as representative of 

PUERTO RICO HIGHWAYS AND 

TRANSPORTATION AUTHORITY (“HTA”), 

PROMESA 

Title III 

No. 17 BK 3567-LTS 

Re: ECF No. 461, 462

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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Debtor.

In re: 

THE FINANCIAL OVERSIGHT AND 

MANAGEMENT BOARD FOR PUERTO RICO, 

as representative of 

PUERTO RICO ELECTRIC POWER AUTHORITY, 

Debtor. 

PROMESA 

Title III 

No. 17 BK 4780-LTS 

Re: ECF No. 906, 910

URGENT MOTION FOR BRIEF EXTENSION OF DEADLINES

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

COMES NOW Autonomous Municipality of Ponce (hereafter, “AMP”), and respectfully 

submits this urgent motion for entry of an order, substantially in the form attached hereto as 

Exhibit A (the “Proposed Order”), extending the deadlines set forth in the Order Granting Urgent 

Joint Motion for Extension of Deadlines in Connection with Autonomous Municipality of 

Ponce’s Motion for Partial Lift of Stay [ECF No. 3502 in Case No. 17-03283, ECF No. 462 in 

Case No. 17-03567, ECF No. 910 in Case No. 17-4780] (the “Amended Scheduling Order”).2

2 The Financial Oversight and Management Board for Puerto Rico (the “Oversight Board”), as the Debtors’ 

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

(“PROMESA”), has authorized AAFAF to file this urgent motion on behalf of HTA. 

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Request for Relief

1. On May 4, 2018, the Autonomous Municipality of Ponce (the “Movant”) filed the

Motion for Partial Lift of Stay [Case No. 17-03283, ECF No. 3019] (the “Motion), seeking relief

from the automatic stay to allow the Prepetition Action to proceed, except for any evidentiary 

hearing on damages, and for the judgment entered on June 24, 1996 in the Prepetition Action 

before the Commonwealth Court (the “Prepetition Judgment”) to be enforced, except for any

judgment or settlement for damages. Motion 9, 15. 

2. The Prepetition Judgment requires, HTA, among others, to complete all 

construction projects detailed in a prepetition Agreement for the Development of Programed 

Projects between the Central Government and the Municipality of Ponce, dated October 28, 1992 

(the “Development Agreement”). 

3. On July 13, 2018, the Court entered the Amended Scheduling Order, which 

provides that opposition papers to the Motion must be filed by July 19, 2018 at 5:00 p.m., and 

Movant’s reply papers must be filed by July 26, 2018 at 5:00 p.m. 

4. On July 19, 2018 Debtor HTA file a Motion for brief extension of time, see docket 

3648. That motion was granted, see docket 3651 and Movant got until today at 5:00PM to submit 

their reply to all Debtors Answers and/or oppositions. 

5. In their Oppositions, Debtors allege, without any supporting document of any exhibit, 

that “To fulfill their obligations under the Development Agreement pursuant to the Prepetition 

Judgement, the Commonwealth would have to expend over $100 million;” see docket 3439 

page 1. 

6. Movant understand that the above mention allegation was not correct but in order to 

put this Court under the proper scope of how many projects was terminated accordingly to the 

Judgement, how many are pending but under construction, how much of those are completely 

with federal fund, how much of those require a Debtor funding from the General budget. 

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7. Do to the local holidays in the present month and the summer vacations of most of the 

public employee, Movant could not obtain all the above describe evidence or information yet. 

8. In order to properly present to the Court real scope of the projects pending and the 

cost or local proportion of the budget necessarily to performs, Movant needs a brief extension of 

time of five (5) business days, to file a Reply to the Motion in Opposition. In consideration of the 

foregoing, Movant AMP respectfully requests an extension of the deadlines set forth in the 

Amended Scheduling Order: 

• The deadline to file oppositions to the Motion, or to otherwise respond, WAS be 

extended to July 20, 2018.  

• The deadline for Movant to file a reply to any oppositions shall be extended to August 

3, 2018. 

9. Pursuant to Paragraph 1.H of the Fourth Amended Notice, Case Management and

Administrative Procedures [Case No. 17 BK 32830 ECF No. 2839-1] (the “Case Management

Procedures”), AMP hereby certifies that it has carefully examined the matter and concluded that

there is a true need for an urgent motion; it has not created the urgency through any lack of due 

diligence; has made a bona fide effort to resolve the matter without a hearing; has made reasonable, 

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

the Court. 

Notice 

10. Movant AMP has provided notice of this motion in accordance with the Case 

Management Procedures to the following parties: (a) the Office of the United States Trustee for 

the District of Puerto Rico; (b) the indenture trustees and/or agents, as applicable, for the Debtors’ 

bonds; (c) the entities on the list of creditors holding the 20 largest unsecured claims 

against COFINA; (d) counsel to the statutory committees appointed in these Title III cases; 

(e) the Office of the United States Attorney for the District of Puerto Rico; (f) counsel to the 

Oversight Board; (g) the Puerto Rico Department of Justice; (h) the Other Interested Parties;3 (i) 

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all parties filing a notice of appearance in these Title III cases; and (j) Movant. A copy of the 

motion is also available on the Debtors’ case website at https://cases.primeclerk.com/puertorico/.

11. MOVANT AMP hereby submits that, in light of the nature of the relief requested, no 

other or further notice need be given.

WHEREFORE, AMP respectfully requests the Court enter the Proposed Order and grant such other 

relief as is just and proper. 

Dated: July 27, 2018 

Ponce, Puerto Rico 

Respectfully submitted, 

                  /s/Carlos Fernández-Nadal

Carlos Fernández-Nadal, Esq. 

USDC No. 209208 

818 Hostos Ave. Ste. B 

Ponce, PR 00716 

Tel. (787) 848-4612 / 787-533-6003 

Fax (787) 395-7906 

carlosfernandez@cfnlaw.com

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