180831 ORD TERMINATING ANTONIO COSME-CALDERON LIFT STAY VERSION AUGUST 31, 2018 1

UNITED STATES DISTRICT COURT

DISTRICT OF PUERTO RICO

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In re: PROMESA

Title III

THE FINANCIAL OVERSIGHT AND

MANAGEMENT BOARD FOR PUERTO RICO,

as representative of No. 17 BK 3283-LTS

THE COMMONWEALTH OF PUERTO RICO, (Jointly Administered)

et al.,

Debtors.

1

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ORDER TERMINATING MOTION FOR RELIEF FROM THE AUTOMATIC STAY FOR FAILURE TO COMPLY

WITH THE MEET AND CONFER PROVISION OF THE CASE MANAGEMENT ORDER

Before the Court is the motion of Antonio Cosme-Calderon for relief from the 

automatic stay. (Docket entry no. 3839.) The motion is not accompanied by a certification, as 

required by Paragraph III.Q of the operative Case Management Order, “that the movant has met 

and conferred with the Debtors regarding the requested relief.” Accordingly, the motion is 

terminated without prejudice to renewal following the required meet-and-confer process. 

Paragraph III.Q reads in pertinent part as follows:

Subject to Paragraphs III.F and III.T, at least fifteen (15) business days prior to filing a 

Stay Relief Motion to continue a prepetition ordinary course civil action against a 

Debtor other than PREPA, the movant shall contact counsel for the Oversight Board 

(Attn: Hermann Bauer (Hermann.Bauer@oneillborges.com) and Ubaldo M. Fernández 

Barrera (ubaldo.fernandez@oneillborges.com)) and counsel for AAFAF (Attn: Diana 

 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); and (v) Puerto Rico Electric 

Power Authority (“PREPA”) (Bankruptcy Case No. 17 BK 4780-LTS) (Last Four Digits of Federal Tax ID: 3747).

(Last Four Digits of Federal Tax ID: 9686). (Title III case numbers are listed as Bankruptcy Case numbers due to 

software limitations).

Case:17-03283-LTS Doc#:3842 Filed:08/31/18 Entered:08/31/18 14:47:12 Desc: Main

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180831 ORD TERMINATING ANTONIO COSME-CALDERON LIFT STAY VERSION AUGUST 31, 2018 2

M. Perez (dperez@omm.com) and Andrés W. López (andres@awllaw.com)), and, for 

all Lift Stay Notices related to PREPA, the movant shall contact counsel for the 

Oversight Board (Attn: Hermann Bauer (Hermann.Bauer@oneillborges.com) and 

Ubaldo M. Fernández Barrera (ubaldo.fernandez@oneillborges.com)) and counsel for 

AAFAF (Attn: Kevin Finger (fingerk@gtlaw.com)) by electronic-mail to advise them 

of the movant’s intent to seek relief from the automatic stay (the “Lift Stay Notice” and 

the notice period, the “Lift Stay Notice Period”). The Lift Stay Notice Period and the 

procedures set forth below shall not apply to Stay Relief Motions that are filed by 

creditors seeking to enforce a financial debt claim.

The Lift Stay Notice shall include (i) the identity of the movant and its contact 

information, (ii) the claim(s), lawsuit(s), or other proceeding(s) for which movant seeks 

relief from the automatic stay, including the relevant case number and court 

information, (iii) the amount of the claim(s) and the asserted causes of action, (iv) a 

brief description of the status of the underlying claim(s), lawsuit(s), or proceeding(s), 

and (v) cause as to why the stay should be lifted.

During the Lift Stay Notice Period, the Debtors and the movant shall meet and confer 

(in person or telephonically) to attempt to resolve, in whole or in part, the movant’s 

request for relief from the automatic stay.

If (i) the Debtors disagree with the movant’s request for relief from the automatic stay 

and/or (ii) the Lift Stay Notice Period expires without the parties reaching an agreement 

governing the scope of the relief from the automatic stay, then the movant may file a 

Stay Relief Motion pursuant to the Case Management Procedures. Such Stay Relief 

Motion must include a certification that the movant has met and conferred with the 

Debtors regarding the requested relief. If movant did not meet and confer with the 

Debtors prior to filing a Stay Relief Motion, and cannot show exigent circumstances 

for failing to meet and confer, the Court shall deny the Stay Relief Motion without 

prejudice until the movant has met and conferred with the Debtors.

See Sixth Amended Case Management Procedures (docket entry no. 3804, Ex. 1).

This Order resolves docket entry no. 3839.

SO ORDERED.

Dated: August 31, 2018

 /s/ Laura Taylor Swain 

LAURA TAYLOR SWAIN

United States District Judge

Case:17-03283-LTS Doc#:3842 Filed:08/31/18 Entered:08/31/18 14:47:12 Desc: Main

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