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. 3853, 3946, 3990

(Jointly Administered) 

In re: 

THE FINANCIAL OVERSIGHT AND 

MANAGEMENT BOARD FOR PUERTO RICO, 

as representative of

PUERTO RICO HIGHWAYS AND 

TRANSPORTATION AUTHORITY (“HTA”), 

Debtor.

PROMESA 

Title III 

No. 17 BK 3567-LTS 

This Urgent Motion relates to the 

Commonwealth and HTA and shall 

be filed in Case Nos. 17 BK 3283-

LTS and 17 BK 3567-LTS.

THIRD URGENT CONSENTED MOTION FOR EXTENSION OF DEADLINES

 

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

The Commonwealth of Puerto Rico (the “Commonwealth”) and the Puerto Rico Fiscal 

Agency and Financial Advisory Authority (“AAFAF”), on behalf of the Puerto Rico Highways 

and Transportation Authority (“HTA” and together with the Commonwealth, the “Debtors”),

pursuant to the authority granted to it under the Enabling Act of the Fiscal Agency and Financial 

Advisory Authority, Act 2-2017, respectfully submit this urgent consented 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 Second Urgent Consented Motion for Extension of 

Deadlines [ECF No. 3990] (the “ Second Amended Scheduling Order”).2

Request for Relief

1. On September 4, 2018, Finca Matilde, Inc. ( “Movant”) filed the Lift Stay Notice

[Case No. 17 BK 3283, ECF No. 3851] (the “Motion), seeking relief from the automatic stay to 

allow the case captioned Finca Matilde, Inc., v. Puerto Rico Highways and Transportation 

Authority, Case No. JAC2015-0577, to proceed before the Puerto Rico Court of First Instance (the 

“Prepetition Court”) in order for the Prepetition Court to determine “if a taking occurred, and if it 

did occurred, the determination of just compensation.” Motion ¶¶ 10, 17.

2. On September 4, 2018, the Court entered the Order Scheduling Briefing of Finca 

Matilde Inc. Lift Stay [ECF No. 3853] (the “Scheduling Order”), which set certain deadlines to file 

opposition papers and reply papers.

 

2

 The Financial Oversight and Management Board for Puerto Rico, as the Debtor’s representative pursuant to section 

315(b) of the Puerto Rico Oversight, Management, and Economic Stability Act (“PROMESA”), has authorized the 

Department of Justice to file this Urgent Motion on behalf of the Commonwealth, and for AAFAF to join in this 

Urgent Motion on behalf of HTA. 

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3. On September 19, 2018, the Court entered the Order Granting Urgent Consented 

Motion for Extension of Deadlines (the “Amended Scheduling Order”) [ECF No. 3946], which 

extended the deadlines set in the Scheduling Order.

4. On September 28, 2018, the Court entered the Second Amended Scheduling Order

which extended the deadlines set in the Amended Scheduling Order and provides that opposition 

papers to the Motion must be filed by October 4, 2018 at 5:00 p.m. (AST), and Movant’s reply 

papers must be filed by October 11, 2018 at 5:00 p.m. (AST).

5. The Debtors and Movant are in the process of finalizing a consensual resolution of 

the Motion. Nevertheless, the Debtors and Movant need additional time to finalize this process

and thus, the Debtors, with Movant’s consent, have agreed to the following extensions of the 

deadlines set forth in the Amended Scheduling Order: 

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

to October 10, 2018. 

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

17, 2018. 

6. Pursuant to Paragraph 1.H of the Sixth Amended Notice, Case Management and 

Administrative Procedures [Case No. 17-03283 (LTS), ECF No. 3804-1] (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; 

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. 

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Notice

7. 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/.

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

further notice need be given. 

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

grant such other relief as is just and proper. 

Dated: October 4, 2018 

San Juan, Puerto Rico 

 

3 The “Other Interested Parties” include the following: (i) counsel to certain of the insurers and trustees of the bonds 

issued or guaranteed by the Debtors; and (ii) counsel to certain ad hoc groups of holders of bonds issued or guaranteed 

by the Debtors. 

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Respectfully submitted, 

WANDA VÁZQUEZ GARCED 

Secretary of Justice

/s/ Wanydmar Burgos Vargas

WANDYMAR BURGOS VARGAS

USDC 223502

Deputy Secretary in Litigation

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

/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

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Exhibit A

Proposed Order

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