062317 MEDIATION TEAM APPOINTMENT VERSION JUNE 23, 2017 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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In re: PROMESA 

 Title III 

THE FINANCIAL OVERSIGHT AND 

MANAGEMENT BOARD FOR PUERTO RICO, 

as representative of No. 17 BK 3567-LTS 

 (Joint Administration Requested) 

THE PUERTO RICO HIGHWAYS AND 

TRANSPORTATION AUTHORITY (HTA), 

 Debtor. 

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1

 The Debtors in these Title III Cases, along with each Debtor’s respective Title III case 

number listed as a bankruptcy case number due to software limitations 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); and (ii) Puerto Rico Sales Tax Financing Corporation 

(“COFINA”) (Bankruptcy Case No. 17 BK 3284) (Last Four Digits of Federal Tax ID: 

8474). 

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062317 MEDIATION TEAM APPOINTMENT VERSION JUNE 23, 2017 2 

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In re: PROMESA 

 Title III 

THE FINANCIAL OVERSIGHT AND 

MANAGEMENT BOARD FOR PUERTO RICO, 

as representative of No. 17 BK 3566-LTS 

 (Joint Administration Requested) 

THE EMPLOYEES RETIREMENT SYSTEM 

OF THE GOVERNMENT OF THE 

COMMONWEALTH OF PUERTO RICO (ERS), 

 Debtor. 

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ORDER APPOINTING MEDIATION TEAM 

.

 No objections have been received to the appointment of any of the proposed 

members of the Mediation Team for these Title III cases and related proceedings, as announced 

in the Court’s June 14, 2017, order and notice of the preliminary designation of the Mediation 

Team. A concern was raised concerning the availability of appropriate substantive expertise to 

the Mediation Team through the appointment of advisors or otherwise; necessary resources will 

be made available to the Mediation Team. 

 Accordingly, pursuant to 11 U.S.C. § 105, made applicable to these Title III cases 

and related proceedings by Section 301 of PROMESA, 48 U.S.C. § 2161, and to further the goal 

of the successful, consensual resolution of the issues raised in these debt adjustment proceedings, 

the Court hereby appoints the following Mediation Team for these Title III cases and related 

proceedings, and for each additional Title III case filed for any affiliate of the Commonwealth of 

Puerto Rico and proceedings related to such additional Title III cases, if any (collectively, the 

“Title III cases and proceedings”). Each of the members of this team, which is appointed to 

facilitate confidential settlement negotiations of any and all issues and proceedings arising in the 

Title III cases and proceedings, has been designated through the intercircuit assignment 

procedures of the Judicial Conference of the United States to serve as a judicial mediator as 

needed in the Title III cases and proceedings through December 22, 2017, with potential for 

renewal as needed. 

The Honorable Barbara Houser, Mediation Team Leader 

Chief Bankruptcy Judge 

United States Bankruptcy Court for the Northern District of Texas 

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062317 MEDIATION TEAM APPOINTMENT VERSION JUNE 23, 2017 3 

The Honorable Thomas Ambro 

United States Circuit Judge 

United States Court of Appeals for the Third Circuit 

The Honorable Nancy Atlas 

Senior United States District Judge 

United States District Court for the Southern District of Texas 

The Honorable Victor Marrero 

Senior United States District Judge 

United States District Court for the Southern District of New York 

The Honorable Christopher Klein 

United States Bankruptcy Judge 

United States Bankruptcy Court for the Eastern District of California 

 Judge Houser will explain the mediation process in further detail at the Omnibus 

Hearing on June 28, 2017, in San Juan, Puerto Rico. Thereafter, the Mediation Team will 

identify the issues to be addressed and the sequence in which those issues will be addressed after 

consulting with all interested parties and after considering confidential mediation statements that 

will be requested from the parties. Mediation sessions will be held as necessary, and both the 

participants and the mediators will be bound by confidentiality. Participation in mediation 

sessions will be voluntary, although all interested parties will be required to engage in good faith 

in preliminary discussions with members of the Mediation Team and in the submission of 

confidential mediation statements. This will allow the Mediation Team to develop a list of issues 

to be addressed in mediation and the sequence in which those issues will be addressed after 

assessing the relative priority of the issues to a resolution of the cases. The members of the 

Mediation Team may issue orders as necessary to facilitate their work with parties in interest in 

accordance with these principles. 

In order to insure the integrity of both the adjudicative process and the mediation process, 

the undersigned, as the judge presiding over the Title III cases and proceedings, will not 

participate in the mediation process and the mediators will not provide any information about the 

positions taken by parties, or the substance of the mediation process, to the undersigned. The 

mediation process will remain confidential and separate from, and will proceed concurrently 

with, the adjudication of issues and proceedings in the Title III cases and proceedings. 

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062317 MEDIATION TEAM APPOINTMENT VERSION JUNE 23, 2017 4 

 Pursuant to Local Civil Rule 1(f) of the United States District Court for the District of 

Puerto Rico, this Order suspends the Court’s Local Civil Rule 83J (other than subdivision (e)(5) 

thereof) for the Title III cases and proceedings. 

 SO ORDERED. 

Dated: June 23, 2017 

 /s/ Laura Taylor Swain . 

 LAURA TAYLOR SWAIN 

 United States District Judge 

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