UNITED STATES DISTRICT COURT 

FOR THE 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) 

INDEPENDENT INVESTIGATOR’S URGENT UNOPPOSED MOTION 

FOR LEAVE TO FILE CERTIFICATE OF SERVICE UNDER SEAL 

Kobre & Kim LLP, the independent investigator (the “Independent Investigator”) 

retained by the Financial Oversight and Management Board for Puerto Rico (the “Oversight 

Board”), acting by and through the Special Investigation Committee of the Oversight Board (the 

“Special Investigation Committee”),2 hereby submits this Independent Investigator’s Urgent 

Unopposed Motion For Leave to File Certificate of Service Under Seal (the “Motion to Seal”),

seeking entry of an order substantially in the form annexed hereto as Exhibit A (the “Proposed 

Order”), permitting Prime Clerk LLC to: (1) publicly file, with a confidential exhibit redacted, 

the certificate of service (the “Certificate of Service”) for the Notice of Presentment of Revised 

 

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), (ii) Employees Retirement System of the Government of the Commonwealth 

of Puerto Rico (Bankruptcy Case No. 17-BK-3566 (LTS)) (Last Four Digits of Federal Tax ID: 9686), (iii) Puerto 

Rico Highways and Transportation Authority (Bankruptcy Case No. 17-BK- 3567 (LTS)) (Last Four Digits of 

Federal Tax ID: 3808), and (iv) Puerto Rico Sales Tax Financing Corporation (Bankruptcy Case No. 17-BK-3284 

(LTS)) (Last Four Digits of Federal Tax ID: 8474); and (v) Puerto Rico Electric Power Authority (Bankruptcy Case 

No. 17 BK 4780-LTS) (Last Four Digits of Federal Tax ID: 3747). 

2

 The Special Investigation Committee of the Oversight Board comprises of Members Ana J. Matosantos, David A. 

Skeel, and Judge Arthur J. Gonzalez (Ret.), and is charged with pursuing investigations pursuant to the authority 

granted to the Oversight Board by section 104(o) of the Puerto Rico Oversight, Management, and Economic 

Stability Act (“PROMESA”) and such other authority vested in the Oversight Board under PROMESA. 

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Proposed Order Approving Motion of the Independent Investigator for an Order: (I) 

Establishing Procedures for Resolving Any Confidentiality Dispute in Connection with 

Publication of the Independent Investigator’s Final Report; (II) Approving the Disposition of 

Documents and Information; (III) Relieving the Independent Investigator from Certain 

Discovery Obligations; (IV) Exculpating the Independent Investigator in Connection with the 

Investigation and Publication of the Final Report; and (V) Granting Related Relief [ECF No. 

3718] (the “Notice of Presentment”)3; and (2) file an unredacted version of the Certificate of 

Service under seal. 

Jurisdiction and Venue 

1. This Court has jurisdiction over this matter under sections 106(a) and 306(a)(2) of 

PROMESA. 

2. Venue is proper under sections 104(k), 106(a), and 307(a) of PROMESA. 

3. The statutory basis for the relief requested herein is found in sections 105(a) of 

title 11 of the United States Code and Rule 9018 of the Federal Rules of Bankruptcy Procedure 

(the “Bankruptcy Rules”), made applicable to these title III cases by sections 301(a) and 310 of 

PROMESA, and Local Rule 9018-1 of the Local Bankruptcy Rules for the United States 

Bankruptcy Court for the District of Puerto Rico (the “Local Rules”). 

Relief Requested 

4. On July 27, 2018, the Independent Investigator filed the Notice of Presentment. 

The Notice of Presentment was served by Prime Clerk LLC upon, among others: (i) all parties 

 

3

 Capitalized terms used but not otherwise defined herein shall have the meanings ascribed to such terms in the 

Motion of the Independent Investigator for an Order: (I) Establishing Procedures for Resolving Any Confidentiality 

Dispute in Connection with Publication of the Independent Investigator’s Final Report; (II) Approving the 

Disposition of Documents and Information; (III) Relieving the Independent Investigator from Certain Discovery 

Obligations; (IV) Exculpating the Independent Investigator in Connection with the Investigation and Publication of 

the Final Report; and (V) Granting Related Relief [ECF No. 3427] (the “Motion”). 

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that produced documents or shared information with the Independent Investigator in connection 

with the Investigation (the “Disclosing Parties”), including witnesses that have been interviewed 

by and parties that entered into the non-disclosure agreements with the Independent Investigator; 

and (ii) all parties that received a Preservation and Document Request Letter or Investigatory 

Subpoena (together with the Disclosing Parties, the “Confidential Parties”). 

5. The full, unredacted version of the Certificate of Service for the Notice of 

Presentment includes an “Exhibit C” that identifies the Confidential Parties. Public disclosure of 

the identities of the Confidential Parties at this time could impact the effectiveness and integrity 

of the Investigation. Among other things, it would permit each witness in the Investigation to 

know the identity of each other witness with whom the Independent Investigator has been 

speaking. Further, certain Disclosing Parties may contend that the information contained on 

“Exhibit C” is subject to nondisclosure under confidentiality agreements with the Independent 

Investigator. 

6. The Independent Investigator accordingly requests that the Court grant the Motion 

to Seal and allow Prime Clerk LLC to: (i) publicly file the Certificate of Service with “Exhibit 

C” redacted; and (ii) file under seal the full, unredacted version of the Certificate of Service, 

including “Exhibit C.” See Bankruptcy Rule 9018 (the court may “make any order which justice 

requires” in order to, among other things, “protect the estate or any entity in respect of a trade 

secret or other confidential research, development, or commercial information” or to “protect 

governmental matters that are made confidential by statute or regulation”). 

7. The Independent Investigator additionally requests that the following parties be 

granted access to “Exhibit C” to the Certificate of Service: (a) counsel for the Oversight Board; 

(b) counsel for the Official Committee of Unsecured Creditors; and (c) counsel for Official 

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Committee of Retired Employees of the Commonwealth of Puerto Rico. See Local Rule 9018-

1(b) (“The proposed order shall identify the parties, if any, who may have access to material that 

is under seal and under what circumstances.”).

8. The Court previously granted identical relief in connection with the filing of the 

certificate of service for the Motion and related Exit Procedures Reply [ECF No. 3666]. See

Order Granting Independent Investigator’s Urgent Unopposed Motion for Leave to File 

Certificate of Service Under Seal [ECF No. 3448] and Order Granting Motion to File Under 

Seal [ECF No. 3687]. 

Certification in Compliance with 

the Fourth Amended Case Management Procedures and Local Rule 9013-1 

9. Pursuant to Local Rule 9013-1 and paragraph I.H of the Fourth Amended Case 

Management Procedures [ECF No. 2839-1], the Independent Investigator hereby certifies that it 

has (a) carefully examined the matter and concluded that there is a true need for an urgent 

hearing; (b) not created the urgency through any lack of due diligence; (c) made a bona fide 

effort to resolve the matter without a hearing; (d) made reasonable, good-faith communications 

in an effort to resolve or narrow the issues that are being brought to the Court; and (e) the 

Independent Investigator has conferred with counsel for the Oversight Board, counsel for the 

Creditors’ Committee, and counsel for the Retiree Committee, and none of these parties opposes 

the relief requested herein. 

10. No previous request for the relief sought herein has been made by the Independent 

Investigator to this or any other court. 

WHEREFORE the Independent Investigator respectfully requests entry of the Proposed 

Order. 

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Dated: July 31, 2018 

San Juan, Puerto Rico /s/ D. Farrington Yates 

KOBRE & KIM LLP 

D. Farrington Yates (pro hac vice) 

800 Third Avenue 

New York, New York 10022 

Tel: (212) 488-1211 

Fax: (212) 488-1220 

Farrington.Yates@kobrekim.com 

John D. Couriel (pro hac vice) 

201 S. Biscayne Blvd., Suite 1900 

Miami, Florida 33131 

Tel: (305) 967-6100 

John.Couriel@kobrekim.com 

The Independent Investigator 

-and- 

/s/ Luis F. del Valle-Emmanuelli 

A&S LEGAL STUDIO, PSC 

Luis F. del Valle-Emmanuelli 

USDC-PR No. 209514 

P.O. Box 79897 

Carolina, Puerto Rico 00984-9897 

Tel. 787.977.1932 

Fax. 787.722.1932 

dvelawoffices@gmail.com 

Local Counsel for the Independent Investigator 

 

 

 

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CERTIFICATE OF SERVICE 

I hereby certify that, on this same date, I electronically filed the foregoing with the Clerk 

of the Court using the CM/ECF system, which will send notifications of such filing to all 

CM/ECF participants in this case. 

/s/ Luis F. del Valle-Emmanuelli

Luis F. del Valle-Emmanuelli 

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Exhibit A 

Proposed Order

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UNITED STATES DISTRICT COURT 

FOR THE 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 MOTION TO FILE UNDER SEAL 

This matter is before the Court on the Independent Investigator’s Urgent Unopposed 

Motion For Leave to File Certificate of Service Under Seal (the “Motion to Seal”).2

 Finding 

good cause for the requested relief, this Court ALOWS the Motion to Seal as set forth 

herein. Accordingly: 

1. Prime Clerk LLC is authorized to publicly file the Certificate of Service 

with “Exhibit C” redacted. 

2. Prime Clerk LLC is authorized to file under seal a full, unredacted version 

of the Certificate of Service. 

3. The Clerk of the Court will provide access to “Exhibit C” of the 

 

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), (ii) Employees Retirement System of the Government of the Commonwealth 

of Puerto Rico (Bankruptcy Case No. 17-BK-3566 (LTS)) (Last Four Digits of Federal Tax ID: 9686), (iii) Puerto 

Rico Highways and Transportation Authority (Bankruptcy Case No. 17-BK- 3567 (LTS)) (Last Four Digits of 

Federal Tax ID: 3808), and (iv) Puerto Rico Sales Tax Financing Corporation (Bankruptcy Case No. 17-BK-3284 

(LTS)) (Last Four Digits of Federal Tax ID: 8474); and (v) Puerto Rico Electric Power Authority (Bankruptcy Case 

No. 17 BK 4780-LTS) (Last Four Digits of Federal Tax ID: 3747). 

2

 Capitalized terms used but not otherwise defined herein shall have the meanings ascribed to such terms in the 

Motion to Seal. 

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Certificate of Service to the following parties: (a) counsel for the Oversight 

Board; (b) counsel for the Official Committee of Unsecured Creditors; and (c) 

counsel for the Official Committee of Retired Employees of the 

Commonwealth of Puerto Rico. 

This Order resolves Dkt. No. ___. 

Dated: July __, 2018 

HON. LAURA TAYLOR SWAIN 

UNITED STATES DISTRICT JUDGE 

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