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. 3614, 3733

(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 Second Urgent Joint Motion 

relates to HTA and shall be filed in 

Case Nos. 17 BK 3283-LTS, and 17 

BK 3567-LTS.

SECOND 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 Advisory Authority (“AAFAF”), on behalf 

of the Puerto Rico Highways and Transportation Authority (“HTA”), pursuant to the authority 

 

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).

Case:17-03283-LTS Doc#:3752 Filed:08/08/18 Entered:08/08/18 16:49:11 Desc: Main

Document Page 1 of 5
granted to it under the Enabling Act of the Fiscal Agency and Financial Advisory Authority, Act 

2-2017, with Martami, Inc. (“Movant”), respectfully submit this second urgent joint 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 Martami, Inc.’s Motion for Relief from Stay [Case No. 17 BK 3283, 

ECF No. 3733] (the “Amended Scheduling Order”).2

Request for Relief

1. On July 18, 2018, Movant filed the Motion for Relief from of Stay [Case No. 17 BK 

3283, ECF No. 3614] (the “Motion), seeking relief from the automatic stay to allow the case 

captioned Autoridad de Carreteras y Transportación de Puerto Rivo v. Tartak Borthers, Inc. et 

al., KEF-2006-135 (1003) to proceed before the Puerto Rico Court of First Instance (the 

“Prepetition Court”), and to allow Movant to withdraw a sum of money consigned with the 

Prepetition Court. Motion ¶¶ 2, 6.

2. On July 19, 2018, the Court entered the Order Scheduling Briefing of Motion for 

Relief From Stay [Case No. 17 BK 3283, ECF No. 3624] (the “Original Scheduling Order”), which 

set certain deadlines to file opposition papers and reply papers. 

3. On August 2, 2018, the Court entered the Amended Scheduling Order, which 

extended the deadlines set in the Original Scheduling Order and provides that opposition papers 

to the Motion must be filed by August 8, 2018 at 5:00 p.m., and Movant’s reply papers must be 

filed by August 15, 2018 at 5:00 p.m.

 

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”), 48 U.S.C. §§ 2101-2241, has authorized AAFAF to file this second urgent joint motion on behalf 

of HTA.

Case:17-03283-LTS Doc#:3752 Filed:08/08/18 Entered:08/08/18 16:49:11 Desc: Main

Document Page 2 of 5
4. The Parties are continuing to negotiate a consensual resolution of the Motion and 

thus, HTA and Movant 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 August 15, 2018. 

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

22, 2018. 

5. 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”), the parties 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. 

Notice

6. HTA 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 

Case:17-03283-LTS Doc#:3752 Filed:08/08/18 Entered:08/08/18 16:49:11 Desc: Main

Document Page 3 of 5
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/.

7. HTA submits that, in light of the nature of the relief requested, no other or further 

notice need be given. 

WHEREFORE, HTA and Movant respectfully request the Court enter the Proposed Order 

and grant such other relief as is just and proper. 

Dated: August 8, 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

Respectfully submitted,

GONZÁLEZ & VELASCO LAW 

OFFICES, P.S.C.

/s/ Ruben González Marrero, Esq.

Carr. 174; Blq. 21-24

Santa Rosa, Bayamón, PR, 00959

Phone: 787-798-8600

Email: rgmattorney1pr@gmail.com

Attorney for the Movant

 

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. 

Case:17-03283-LTS Doc#:3752 Filed:08/08/18 Entered:08/08/18 16:49:11 Desc: Main

Document Page 4 of 5
Exhibit A

Proposed Order

Case:17-03283-LTS Doc#:3752 Filed:08/08/18 Entered:08/08/18 16:49:11 Desc: Main

Document Page 5 of 5