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 No. 3893

URGENT JOINT MOTION FOR EXTENSION OF DEADLINES

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

The Puerto Rico Fiscal Agency and Financial Authority (“AAFAF”), and María E. Vicéns 

Rivera (“Vicéns-Rivera” and with AAFAF, the “Parties”), respectfully submit this urgent joint

motion for extension of deadlines, substantially in the form attached hereto as Exhibit A (the 

“Proposed Order”), extending the deadlines set forth in the Order Regarding Correspondence

Received by the Court on August 27, 2018 [ECF No. 3893] (the “Scheduling Order”). 

Request for Relief

1. On September 7, 2018 the Court entered the Scheduling Order informing that the 

Court had received an email sent by Mr. Javier Mandry Mercado (“Mr. Mandry”) referencing a 

 

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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dispute (the “Civil Action”) in the Commonwealth Court of First Instance (the “Commonwealth 

Court”) and indicating that he wished to file an adversary complaint in connection with Cases No. 

17-3283 and 17-3567. 

2. In the Scheduling Order, this Court denied without prejudice Mr. Mandry’s request 

to file an adversary proceeding as it found his request was not necessary. In addition, the 

Scheduling Order also directed AAFAF and Vicéns-Rivera to file a joint status report by 

September 17, 2018 at 5:00 PM providing a summary of the Civil Action, the relief sought, the 

parties involved and the procedural status of the same. Moreover, the Court also requested that the

status report address whether given that the motion attached to the email sent by Mr. Mandry and 

apparently filed in the Commonwealth Court appears to recognize Mr. Mandry as a person with 

an interest in the Civil Action and whether Mr. Mandry was consulted in connection with the 

Stipulation Modifying the Automatic Stay Between the Puerto Rico Highways and Transportation 

Authority and Sucesión Pastor Mandry Mercado. 

3. AAFAF and Vicéns-Rivera are working diligently to obtain the necessary 

information, including certified translations of pertinent documents from the Commonwealth 

Court, to include in the joint status report. Nevertheless, AAFAF and Vicéns-Rivera need 

additional time to complete this process and finalize the joint status report. In consideration of the 

foregoing, AAFAF and Vicéns-Rivera request the following extension of the deadline set forth in 

the Scheduling Order:

• The deadline for AAFAF and Vicéns-Rivera to file the joint status report shall be 

extended to September 19, 2018.

4. Pursuant to Paragraph 1.H of the Fifth Amended Notice, Case Management and

Administrative Procedures [Case No. 17 BK 3283, ECF No. 3730-1] (the “Case Management

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Procedures”), AAFAF and Vicéns-Rivera hereby certify that they have carefully examined the 

matter and concluded that there is a true need for an urgent motion; they have not created the 

urgency through any lack of due diligence; have made a bona fide effort to resolve the matter 

without a hearing; have made reasonable, good-faith communications in an effort to resolve or 

narrow the issues that are being brought to the Court, and no party opposes the relief requested 

herein.

5. AAFAF discussed this request with Mr. Mandry who consented to the relief 

requested herein. 

Notice

6. AAFAF and Vicéns-Rivera have 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; (i) 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/.

7. AAFAF and Vicéns-Rivera will also serve a copy of this motion by certified mail 

and email to Mr. Mandry’s last known address. 

8. The Parties submit that, in light of the nature of the relief requested, no other or

further notice need be given.

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WHEREFORE, AAFAF and Vicéns-Rivera respectfully request the Court enter the 

Proposed Order and grant such other relief as is just and proper.

Dated: September 17, 2018

San Juan, Puerto Rico

Respectfully submitted, 

/s/ Luis C. Marini-Biaggi

Luis C. Marini-Biaggi

USDC No. 222301 

Email: lmarini@mpmlawpr.com

/s/ Carolina Velaz-Rivero

Carolina Velaz-Rivero

USDC No. 300913

Email: cvelaz@mpmlawpr.com

MARINI PIETRANTONI MUÑIZ LLC

MCS Plaza, Suite 500

255 Ponce de León Ave.

San Juan, Puerto Rico 00917

Tel: (787) 705-2171

Fax: (787) 936-7494

Attorneys for the Puerto Rico Fiscal 

Agency and Financial Advisory Authority

/s/María E. Vicéns Rivera 

MARĺA E. VICÉNS RIVERA 

USDC- PR 226711 

9140 MARINA ST., SUITE 801 PONCE, 

PUERTO RICO 00717 TEL. / FAX: (787) 

259-1999 E-mail: mevicens@yahoo.com

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Exhibit A

Proposed Order

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