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. 3735, 3736, 3755, 3806

(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 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 

 

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 

THIRD URGENT CONSENTED 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”), as the entity 

authorized to act on behalf of the Puerto Rico Power Authority (“PREPA”) and the Puerto Rico 

Highways and Transportation Authority (“HTA”) pursuant to the authority granted to it under the 

Enabling Act of the Fiscal Agency and Financial Advisory Authority, Act 2-2017, and the 

Commonwealth of Puerto Rico (the “Commonwealth” and together with PREPA and HTA, the 

“Debtors”),2respectfully submit this urgent consented 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 Further Extending Deadlines Regarding Hearing Request and 

Reply Filed by the Autonomous Municipality of Ponce [Case No. 17 BK 3283, ECF No. 3806] 

(the “Second Amended Scheduling Order”). 

 

2 The Financial Oversight and Management Board for Puerto Rico, 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 the Commonwealth, PREPA, and HTA.

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Request for Relief

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

Motion for Partial Lift of Stay [Case No. 17 BK 3283, ECF No. 3019] (the “Motion”), seeking

relief from the automatic stay to allow the case captioned Municipio de Ponce v. ACT, et al., Case

No. JAC1993-0485 (the “Prepetition Action”), before the Puerto Rico Court of First Instance to 

proceed, except for any evidentiary hearing on damages, and for the judgment entered on June 24,

1996 in the Prepetition Action (the “Prepetition Judgment”) to be enforced, except for any 

judgment or settlement for damages. Motion ¶¶ 9, 15.

2. On July 5, 2018, the Commonwealth filed the Objection of the Commonwealth to 

Motion for Partial Lift of Stay filed by Autonomous Municipality of Ponce Stay [Case No. 17 BK 

3283, ECF No. 3439] (the “Commonwealth Objection”) arguing, among other things, that the 

enforcement of the Prepetition Judgment would require that the Commonwealth expend over $100

million. 

3. On that same date, PREPA filed the Joinder of the Puerto Rico Fiscal Agency and 

Financial Advisory Authority on Behalf of the Puerto Rico Electric Power Authority to Objection 

of the Commonwealth to Motion for Partial Lift of Stay Filed by Autonomous Municipality of 

Ponce [Case No. 17 BK 4780, ECF No. 898]. PREPA joined the Commonwealth Objection and 

indicated that enforcement of the Prepetition Judgment would require it to spend approximately 

$16 million.

4. On July 20, 2018, HTA filed the Joinder of the Puerto Rico Fiscal Agency and 

Financial Advisory Authority on Behalf of the Puerto Rico Highways and Transportation Authority 

to Objection of the Commonwealth to Motion for Partial Lift of Stay Filed by Autonomous 

Municipality of Ponce [Case No. 17 BK 32830, ECF No. 3661; Case No. 17 BK 3567, ECF No. 

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471]. HTA joined the Commonwealth Objection and indicated that enforcement of the Prepetition 

Judgment would require it to spend approximately tens of thousands of dollars annually to fund of 

a court-appointed monitor pursuant to the Prepetition Judgment. 

5. On August 3, 2018, Movant filed the Omnibus Reply to Opposition to Motion 

Requesting Lift of Stay [Case No. 17 BK 3283, ECF No. 3735] (the “Reply”).

6. On that same date, Movant also filed the Motion Requesting Hearing on 362 Lifting 

of the Stay [Case No. 17 BK 3283, ECF No. 3736] (the “Motion Requesting Hearing”) requesting

that the Court enter an order scheduling an evidentiary hearing to consider the Motion.

7. On August 9, 2018 the Court entered a Scheduling Order Regarding Hearing 

Request and Reply filed by the Autonomous Municipality of Ponce Case [Case No. 17 BK 3283, 

ECF No. 3755; Case No. 17 BK 3567, ECF No. 482 and Case No. 17 BK 4780, ECF No. 937] 

(the “Scheduling Order”) , which provided that: (i) responses to the issues addressed in Section II 

and III of the Reply and (ii) Debtors’ positions as to the Motion Requesting Hearing had to be filed 

by August 15, 2018 at 5:00 p.m. The Scheduling Order also directed the Debtors and Movant to 

meet and confer and to submit a joint status report by August 21, 2018 at 5:00 pm.

8. On August 15, 2018, the Debtors filed an Urgent Consented Motion for Extension 

of Deadlines [Case No. 17 BK 3283, ECF No. 3773; Case No. 17 BK 3567, ECF No. 483 and 

Case No. 17 BK 4780, ECF No. 938] requesting additional time as the Debtors were in the process 

of reviewing the pertinent information regarding the facts and issues raised in the Reply.

9. On August 16, 2018, the Court entered an Order Extending Deadlines Regarding 

Hearing Request and Reply filed by the Autonomous Municipality of Ponce (the “Amended 

Scheduling Order”) [Case No. 17 BK 3283, ECF No. 3777] extending the deadlines for the Debtors 

to file the responses to the Reply and to the Motion Requesting Hearing to August 24, 2018 at 5:00 

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pm. The Amended Scheduling Order also extended the deadline for the Debtors and Movant to 

meet and confer and file the joint status report to August 30, 2018 at 5:00 pm.

10. On August 24, 2018, the Debtors filed a Second Urgent Consented Motion for 

Extension of Deadlines (the “Second Amended Scheduling Order”) [Case No. 17 BK 3283, ECF 

No. 3805; Case No. 17 BK 3567, ECF No. 490 and Case No. 17 BK 4780, ECF No. 942] requesting 

additional time as the Debtors were in the process of reviewing the pertinent information and 

interviewing several officers with relevant information regarding the facts and issues raised in the 

Reply.

11. On August 27, 2018, the Court entered the Second Amended Scheduling Order 

extending the deadlines for the Debtors to file the responses to the Reply and to the Motion 

Requesting Hearing to September 10, 2018 at 5:00 pm. The Second Amended Scheduling Order 

also extended the deadline for the Debtors and Movant to meet and confer and file the joint status 

report to September 14, 2018 at 5:00 pm.

12. On September 10, 2018, the Commonwealth filed the Commonwealth’s Response 

to (A) Omnibus Reply to Opposition to Motion Requesting Lifting of the Stay and (B) Motion 

Requesting Hearing on 362 Lifting of the Stay Filed by Autonomous Municipality of Ponce (the 

“Commonwealth’s Response”) [Case No. 17 BK 3283, ECF No. 3911; Case No. 17 BK 3567, 

ECF No. 503; and Case No. 17 BK 4780, ECF No. 957]. In its Response, and in compliance with 

the Scheduling Order, the Commonwealth responded to the issues addressed in Section II and III 

of the Reply and stated its position as to the Motion Requesting Hearing.

13. On that same date, PREPA filed the Joinder of the Puerto Rico Fiscal Agency and 

Financial Advisory Authority on Behalf of the Puerto Rico Electric Power Authority to the 

Commonwealth’s Response to (A) Omnibus Reply to Opposition to Motion Requesting Lifting of 

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the Stay and (B) Motion Requesting Hearing on 362 Lifting of the Stay Filed by Autonomous 

Municipality of Ponce. [Case No. 17 BK 3283, ECF No. 3805; Case No. 17 BK 4780, ECF No. 

956].

14. Also, on that same date, HTA filed the Joinder of the Puerto Rico Fiscal Agency 

and Financial Advisory Authority on Behalf of the Puerto Rico Highways and Transportation 

Authority to Commonwealth’s Response to (A) Omnibus Reply to Opposition to Motion Requesting 

Lifting of the Stay and (B) Motion Requesting Hearing on 362 Lifting of the Stay Filed by 

Autonomous Municipality of Ponce. [Case No. 17 BK 3912, ECF No. 3913; Case No. 17 BK 

3567, ECF No. 504; and Case No. 17 BK 4780 ECF No. 958].

15. The Debtors are working diligently with the relevant Commonwealth agencies to 

obtain the necessary information to include in the joint status report if a hearing on the Motion is 

scheduled. Nevertheless, the Debtors need additional time to complete this process and finalize 

their part of the joint status report. In consideration of the foregoing, the Debtors request the

following extension of the deadline set forth in the Second Amended Scheduling Order:

• The deadline for Movant and the Debtors to file the joint status report shall be extended

to September 25, 2018.

16. The Debtors discussed this request with counsel for the Movant who consented to 

the relief requested herein. 

17. 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

Procedures”), the Debtors 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;

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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.

Notice

18. The Debtors 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;3 (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/.

19. The Debtors submit that, in light of the nature of the relief requested, no other or

further notice need be given.

[Remainder of Page Left Intentionally Blank]

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WHEREFORE, the Debtors respectfully request the Court enter the Proposed Order and

grant such other relief as is just and proper.

Dated: September 14, 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/ Kevin D. Finger_________

Nathan A. Haynes (Admitted Pro Hac Vice)

Greenberg Traurig LLP

MetLife Building

200 Park Avenue

New York, NY 10166

Tel: (212) 801-9200

Fax: (212) 801-6400

Email: mitchelln@gtlaw.com

haynesn@gtlaw.com

David D. Cleary (admitted pro hac vice)

Kevin D. Finger (admitted pro hac vice)

Greenberg Traurig, LLP

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77 West Wacker Drive

Suite 3100

Chicago, IL 60601

Tel: (312) 456-8400

Fax: (312) 456-8435

Email: clearyd@gtlaw.com

fingerk@gtlaw.com

Joseph P. Davis III (admitted pro hac vice)

Greenberg Traurig, LLP

One International Place, Suite 2000

Boston, MA 02110

Tel: (617) 310-6000

Fax: (617) 310-6001

Email: davisjo@gtlaw.com

Attorneys for Puerto Rico Fiscal Agency and 

Financial Advisory Authority

/s/ Arturo Diaz-Angueira 

Arturo Diaz-Angueira 

USDC No. 117907

adiaz@cnrd.com

/s/ Katiuska Bolaños-Lugo

Katiuska Bolaños-Lugo

USDC No. 231812

kbolanos@cnrd.com

CANCIO, NADAL, RIVERA & DIAZ, PSC 

403 Muñoz Rivera Ave.

San Juan, PR 00918-3345

Tel: (787) 767-9625

Fax: (787) 622-2230

Attorneys for the Puerto Rico Electric 

Power Authority

WANDA VÁZQUEZ GARCED 

Secretary of Justice

/s/ Wandymar Burgos Vargas

WANDYMAR BURGOS VARGAS

USDC 223502

Deputy Secretary in Litigation

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Department of Justice

P.O. Box 9020192

San Juan, Puerto Rico 00902-0192

Phone: 787-721-2940 Ext. 2500, 2501

wburgos@justicia.pr.gov

Attorneys for the Commonwealth of Puerto 

Rico

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Exhibit A

Proposed Order

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