UNITED STATES DISTRICT COURT

DISTRICT OF PUERTO RICO

---------------------------------------------------------------x

In re:

THE FINANCIAL OVERSIGHT AND 

MANAGEMENT BOARD FOR PUERTO RICO,

as representative of 

THE COMMONWEALTH OF PUERTO RICO, et al.,

Debtors.1

---------------------------------------------------------------x

PROMESA

Title III

No. 17 BK 3283-LTS

(Jointly Administered)

URGENT MOTION TO CANCEL MARCH 15–16, 2023 OMNIBUS HEARING

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

The Financial Oversight and Management Board for Puerto Rico (the “Oversight 

Board”), as sole Title III representative of the Commonwealth of Puerto Rico (the

“Commonwealth”), the Employees Retirement System of the Government of the Commonwealth 

of Puerto Rico (“ERS”), the Puerto Rico Public Buildings Authority (“PBA”), the Puerto Rico 

Sales Tax Financing Corporation (“COFINA”), the Puerto Rico Highways and Transportation 

Authority (“HTA”), the Puerto Rico Electric Power Authority (“PREPA” and, collectively with 

the Commonwealth, ERS, PBA, COFINA, and HTA, the “Debtors”), pursuant to section 315(b) 

of the Puerto Rico Oversight, Management, and Economic Stability Act (“PROMESA”),2

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 (“Commonwealth”) (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); (v) Puerto Rico Electric Power Authority (“PREPA”) 

(Bankruptcy Case No. 17- BK-4780-LTS) (Last Four Digits of Federal Tax ID: 3747); and (vi) Puerto Rico Public 

Buildings Authority (“PBA”) (Bankruptcy Case No. 19-BK-5523-LTS) (Last Four Digits of Federal Tax ID: 3801) 

(Title III case numbers are listed as Bankruptcy Case numbers due to software limitations).

2 PROMESA is codified at 48 U.S.C. §§ 2101-2241.

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respectfully submits this urgent motion for entry of an order, substantially in the form attached 

hereto as Exhibit A (the “Proposed Order”), canceling the March 15–16, 2023 omnibus hearing 

(the “Hearing”) scheduled pursuant to the Sixteenth Amended Notice, Case Management and 

Administrative Procedures [Case No. 17-3283, ECF No. 20190-1]3(the “Case Management 

Procedures”) and states as follows:

Request for Relief

1. On February 24, 2023, the Court entered the Order Regarding Procedures for 

Hearing on March 15–16, 2023, Omnibus Hearing [ECF No. 23625] (the “Procedures Order”).

2. The Procedures Order directed the Debtors to file an agenda outlining the matters 

to be addressed at the Hearing. Procedures Order, ¶ 4. 

3. Following communication with various parties in interest, the Oversight Board has 

determined there are no matters moving forward at the Hearing. Accordingly, it is no longer 

necessary to hold the Hearing, and the Oversight Board respectfully requests the Hearing be 

cancelled. 

4. The following matters have been adjourned to the June 7–8, 2023 omnibus hearing:

a. Objection of Puerto Rico Sales Tax Financing Corporation to Proofs of Claim of 

the United States Department of the Treasury/Internal Revenue Service (Claims 

Nos. 168648 and 168885) [Case No. 17-3283, ECF No. 7419; Case No. 17-3284, 

ECF No. 643];

b. Omnibus Motion of Puerto Rico Electric Power Authority for Order (A) Approving 

PREPA’s Rejection of Certain Power Purchase and Operating Agreements, and 

(B) Granting Related Relief [Case No. 17-3283, ECF No. 15178; Case No. 17-4780, 

ECF No. 2296];

c. Community Health Foundation of P.R. Inc.’s Motion for Allowance and Payment 

of Administrative Expense [Case No. 17-3283, ECF No. 18602];

 

3 Unless otherwise stated, all ECF Nos. shall refer to the docket in Case No. 17-3283.

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d. Ramhil Developers Inc.’s Objection to Docket No. 19353 and Informing Cure 

Amounts for Executory Contracts or Unexpired Leases To Be Assumed Pursuant to 

Title III Plan of Adjustment [Case No. 17-3283, ECF No. 19807];

e. Plaintiff Blanca Iris Marrero’s Motion for Allowance and Payment of 

Administrative Expense Claim [Case No. 17-3283, ECF No. 21192];

f. Evertec’s Motion for Allowance of an Administrative Expense Claim [Case No. 17-

3283, ECF No. 21187];

g. Ricoh Puerto Rico, Inc.’s Motion for Allowance and Payment of Administrative 

Expense Claim in the Sum of $4,864,017.20 [Case No. 17-3283, ECF No. 21191]; 

and

h. Cosey’s Motion for Allowance and Payment of Administrative Expense Claim

[Case No. 17-3283, ECF No. 21209].

5. Pursuant to the Notice of Adjournment of Omnibus Objections Scheduled for 

Hearing at the March 15, 2023 Omnibus Hearing to the June 7, 2023 Omnibus Hearing [ECF No. 

23786], the following omnibus objections to claims have been adjourned from the March 15, 2023 

omnibus hearing to the June 7, 2023, omnibus hearing, solely with respect to the claims identified:

(a) Three Hundred Thirty-Fourth [ECF No. 17085] (Claim No. 174301); (b) Three Hundred SixtyThird [ECF No. 17929] (Claim No. 10502); (c) Three-Hundred Eighty-Seventh [ECF No. 17926] 

(Claim No. 177404); (d) Three Hundred Ninety-First [ECF No. 17974] (Claim No. 20926); (e) 

Three Hundred Ninety-Ninth [ECF No. 19548] (Claim Nos. 71072-1 and 175239-1); (f) Four 

Hundredth [ECF No. 19549] (Claim Nos. 160874 and 6009); (g) Four Hundred Third [ECF No. 

19552] (Claim Nos. 176183; 169481; 174504; 175048; 175054; 175966; 139162; 175627; 

176233; 174895; 175486; 176410; 176160; 169726; 172218; 176316; 175529; 169432; 176244; 

175574; 174471; 174107; 175665; 176310; 176046; 174966; 175171; 176054; 175538; 173086; 

and 170231); (h) Four Hundred Fourth [ECF No. 19553] (Claim Nos. 177508; 178701; 177215; 

176671; 178015; 179150; 177243; 177761; 177513; 177932; 177092; 177099; 178210; and 

178025); (i) Four Hundred Sixth [ECF No. 19555] (Claim No. 16103); (j) Four Hundred Twelfth 

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[ECF No. 19559] (Claim Nos. 176447; 176498; 177629; and 176450); (k) Four Hundred 

Fourteenth [ECF No. 20040] (Claim Nos. 179649 and 179662); (l) Four Hundred Twenty-Fifth 

[ECF No. 20051] (Claim No. 17048); (m) Four Hundred Thirty-Second [ECF No. 20487] (Claim 

Nos. 15774; 128175; and 162758); (n) Four Hundred Thirty-Seventh [ECF No. 20495] (Claim 

Nos. 140270; 135965; 136952; 140056; 140676; and 60624); (o) Four Hundred Thirty-Ninth [ECF 

No. 20497] (Claim Nos. 179635 and 31525); (p) Four Hundred Forty-First [ECF No. 20499] 

(Claim No. 134043); (q) Four Hundred Forty-Third [ECF No. 20501] (Claim Nos. 151713; 9891; 

125306; 104914; 90011; and 80168); (r) Four Hundred Forty-Eighth [ECF No. 20504] (Claim No. 

17433); (s) Four Hundred Fifty-Third [ECF No. 20784] (Claim Nos. 31895 and 84345-1); (t) Four 

Hundred Fifty-Fourth [ECF No. 20785] (Claim No. 44390); (u) Four Hundred Sixtieth [ECF No. 

20791] (Claim No. 147357); (v) Four Hundred Sixty-Fifth [ECF No. 20796] (Claim Nos. 17230 

and 173831); (w) Four Hundred Seventy-Fifth [ECF No. 21426] (Claim Nos. 122217-2 and 

169996); (x) Four Hundred Seventy-Sixth [ECF No. 21428] (Claim No. 67535); (y) Four Hundred 

Seventy-Seventh [ECF No. 21424] (Claim Nos. 20921; 37185; 42321; 24859; 33847; 27117; 

18206; 34951; 29971; 17669; 92700; 34658; 29349; 34686; 19418; 23291; 34655; 24827; 47736; 

34640; 13766; 24635; 48297; 20243; 26894; 42779; 29170; 58891; 31782; 42816; 18995; 51644; 

17690; 35688; 34664; 44113; 53674; 25680; 39857; 32560; 19652; 36234; 17017; 20427; 31773; 

34728; 27275; 37181; 26851; 37182; 41040; 35134; 28301; 34926; 26137; 61196; 29412; 40197; 

28855; 37184; 20309; 33583; 35209; 20925; 39221; 42317; 32420; 36839; 30920; 14050; 42492; 

44060; 37249; 19897; 20970; 34602; 30819; 26127; and 25273); (z) Four Hundred Eighty-Fourth 

[ECF No. 21733] (Claim Nos. 128497 and 104126); (aa) Four Hundred Eighty-Fifth [ECF No. 

21734] (Claim Nos. 75326 and 84203); (bb) Four Hundred Eighty-Eighth [ECF No. 21738] (Claim 

Nos. 115471 and 17818); (cc) Five Hundred Fourteenth [ECF No. 22251] (Claim Nos. 18312; 

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18345; 24826; 26149; 26848; 28933; and 29276;); (dd) Five Hundred Eighteenth [ECF No. 22246] 

(Claim No. 12237); (ee) Five Hundred Nineteenth [ECF No. 22254] (Claim No. 70324); (ff) Five 

Hundred Twenty-Second [ECF No. 22257] (Claim No. 14673); (gg) Five Hundred Thirty-First 

[ECF No. 22265] (Claim No. 28744); (hh) Five Hundred Thirty-Seventh [ECF No. 22740] (Claim 

No. 7743); (ii) Five Hundred Thirty-Eighth [ECF No. 22741] (Claim No. 16333); (jj) Five 

Hundred Fifty-Third [ECF No. 23089] (Claim No. 263); (kk) Five Hundred Fifty-Seventh [ECF 

No. 23092] (Claim Nos. 152871 and 111964); and (ll) Five Hundred Sixty-First [ECF No. 23427] 

(Claim Nos. 20574 and 174166).

6. The following omnibus objections to claims were scheduled to go forward at the 

Hearing, but will be subject to forthcoming notices of presentment for final written orders of the 

Court: (a) Five Hundred Fifty-Ninth [ECF No. 23422]; (b) Five Hundred Sixtieth [ECF No. 

23423]; (c) Five Hundred Sixty-Second [ECF No. 23424]; (d) Five Hundred Sixty-Third [ECF 

No. 23425]; and (e) Five Hundred Sixty-Fourth [ECF No. 23428]. 

7. In accordance with the Procedures Order, the Oversight Board will file a written 

status report by 5:00 p.m. (Atlantic Standard Time) on March 14, 2023.

8. Pursuant to Paragraph 1.H of the Case Management Procedures, the Oversight 

Board hereby certifies that it has carefully examined the matter and concluded that there is a true 

need for an urgent motion; it has not created the urgency through any lack of due diligence; has 

made a bona fide effort to resolve the matter; and has made reasonable, good-faith communications 

in an effort to resolve or narrow the issues that are being brought to the Court.

Notice

9. The Oversight Board has provided notice of this Urgent 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 entities on the list of creditors holding the 20 largest 

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unsecured claims against COFINA; (c) counsel to the statutory committees appointed in these Title 

III cases; (d) the Office of the United States Attorney for the District of Puerto Rico; (e) counsel 

to the Oversight Board and AAFAF; and (f) all parties filing a notice of appearance in these Title 

III cases. A copy of the motion is also available at https://cases.ra.kroll.com/puertorico/.

10. The Oversight Board submits 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 Oversight Board requests the Court enter the Proposed Order and 

grant such other relief as is just and proper. 

Dated: March 13, 2023

San Juan, Puerto Rico

Respectfully submitted,

/s/ Brian S. Rosen

Martin J. Bienenstock (pro hac vice)

Brian S. Rosen (pro hac vice)

PROSKAUER ROSE LLP

Eleven Times Square

New York, NY 10036

Tel: (212) 969-3000

Fax: (212) 969-2900

Attorneys for the Financial Oversight and 

Management Board as representative for the 

Debtors

/s/ Hermann D. Bauer

Hermann D. Bauer

USDC No. 215205

O’NEILL & BORGES LLC

250 Muñoz Rivera Ave., Suite 800

San Juan, PR 00918-1813

Tel: (787) 764-8181

Fax: (787) 753-8944

Co-Attorneys for the Financial Oversight and 

Management Board as representative for the 

Debtors

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Exhibit A

Proposed Order

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UNITED STATES DISTRICT COURT

DISTRICT OF PUERTO RICO

---------------------------------------------------------------x

In re:

THE FINANCIAL OVERSIGHT AND 

MANAGEMENT BOARD FOR PUERTO RICO,

as representative of 

THE COMMONWEALTH OF PUERTO RICO, et al.,

Debtors.1

---------------------------------------------------------------x

PROMESA

Title III

No. 17 BK 3283-LTS

(Jointly Administered)

ORDER GRANTING

URGENT MOTION TO CANCEL MARCH 15–16, 2023 OMNIBUS HEARING

Upon the Urgent Motion to Cancel March 15–16, 2023 Omnibus Hearing (Docket Entry 

No. _____ in Case No. 17-3283, the “Motion”);2and the Court having found that the relief 

requested in the Motion is in the best interests of all parties in interest; and the Court having found 

that the Oversight Board provided adequate and appropriate notice of the Motion under the 

circumstances and that no other or further notice is required; and the Court having reviewed the 

Motion; and the Court having determined that the factual bases set forth in the Motion establish 

just cause for the relief granted herein; and after due deliberation and sufficient cause appearing 

therefor, it is HEREBY ORDERED THAT:

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 (“Commonwealth”) (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); (v) Puerto Rico Electric Power Authority (“PREPA”) 

(Bankruptcy Case No. 17- BK-4780-LTS) (Last Four Digits of Federal Tax ID: 3747); and (vi) Puerto Rico Public 

Buildings Authority (“PBA”) (Bankruptcy Case No. 19-BK-5523-LTS) (Last Four Digits of Federal Tax ID: 3801) 

(Title III case numbers are listed as Bankruptcy Case numbers due to software limitations).

2 Capitalized terms used but not otherwise defined herein have the meanings given to them in the Motion.

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1. The Motion is granted as set forth herein.

2. The Hearing is hereby cancelled. 

3. The Oversight Board and AAFAF shall file written status reports by 5:00 p.m. 

(Atlantic Standard Time) on March 14, 2023. The Oversight Board’s report shall address: (a) 

the general status and activities of the Oversight Board, including measures taken in response to 

the COVID-19 pandemic; (b) the general status of relations among the Oversight Board and the 

Commonwealth and federal governments; (c) the general status of the ADR and ACR processes, 

including the anticipated number of matters to be directed into the ADR process and anticipated 

timetable for initiation of ADR procedures with respect to such matters; and (d) the anticipated 

timing and volume of objections to claims. AAFAF shall provide a general status report on its 

status and activities, including an overview of the Commonwealth’s ongoing response to the 

COVID-19 pandemic.

4. The next omnibus hearing is scheduled to be held on June 7–8, 2023.

5. This Order resolves Docket Entry No. _____ in Case No. 17-3283. 

SO ORDERED.

Dated: March _____, 2023

 

LAURA TAYLOR SWAIN

United States District Judge

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