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

Re: ECF No. 2831

(Jointly Administered)

In re:

THE FINANCIAL OVERSIGHT AND 

MANAGEMENT BOARD FOR PUERTO RICO,

as representative of 

PUERTO RICO HIGHWAYS AND 

TRANSPORTATION AUTHORITY (“HTA”)

Debtor.

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

PROMESA

Title III

No. 17 BK 3567-LTS

This Notice relates only to HTA 

and shall only be filed in the lead 

Case No. 17 BK 3283-LTS and 

Case No. 17 BK 3567-LTS. 

Re: ECF No. 345, 406

JOINT URGENT 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 

granted to it under the Enabling Act of the Fiscal Agency and Financial Advisory Authority, Act 

 

1The 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).

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2-2017, respectfully submits this urgent 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 

Scheduling Briefing on Motion Informing Status of Case in Connection with Notice of Compliance 

and Petition for Payment of Funds [Case No. 17 BK 3283-LTS, ECF No. 2831] (the “Scheduling 

Order”).2

Request for Relief

1. On December 7, 2017, Adrián Mercado Jiménez (“Movant”) filed the Notice of

Compliance and Petition for Payment of Funds [Case No. 17 BK 3567-LTS, ECF No. 345], 

seeking payment of $16,448 (the “Settlement Amount”) pursuant to a prepetition settlement 

agreement between Movant and the HTA dated December 9, 2016 (the “Prepetition Stipulation”). 

2. On February 5, 2018, Movant and HTA entered into a stipulation modifying the 

automatic stay set forth in Bankruptcy Code sections 362(a) and 922(a), made applicable to the 

Title III Case by PROMESA section 301(a), for the limited extent necessary to allow HTA to pay 

Movant the Settlement Amount due under the Prepetition Stipulation (the “Stay Stipulation”).

3. On February 27, 2018, Movant filed the Motion Informing Status of Case and 

Request of Order[Case No. 17 BK 3567-LTS, ECF No. 406] (the “Motion”) where Movant alleges

that the payment of the Settlement Amount pursuant to the Stay Stipulation was consigned in the 

state court proceeding rather than paid directly to Movant via check.

4. On April 2, 2018, the Court entered the Scheduling Order, which provides that 

opposition papers to the Motion must be filed by April 6, 2018, and Movant’s reply papers must 

be filed by April 11, 2018.

 

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”), has authorized AAFAF to file this motion on behalf of HTA. 

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5. HTA and Movant are in the process of negotiating a consensual resolution of the 

Motion and thus, HTA and Movant have agreed to the following extensions of the deadlines set 

forth in the Scheduling Order, to allow HTA to re-issue to Movant the corresponding Settlement 

Amount: 

• The deadline to file oppositions to the Motion, or to otherwise respond, shall be extended 

to April 13, 2018. 

• The deadline for Movant to file a reply to any oppositions shall be extended to April 18, 

2018. 

6. Pursuant to Paragraph 1.H of the Fourth Amended Notice, Case Management and 

Administrative Procedures (Case No. 17 BK 3283-LTS, 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; 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 have conferred with counsel for the Oversight Board, and no party 

opposes the relief requested herein. 

Notice

7. 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 

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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/.

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

notice need be given. 

WHEREFORE, the parties respectfully request the Court enter the Proposed Order and 

grant such other relief as is just and proper. 

Dated: April 6, 2018 

San Juan, Puerto Rico 

Respectfully submitted, 

/s/ Peter Friedman

John J. Rapisardi 

Suzzanne Uhland

(Admitted Pro Hac Vice) 

O’MELVENY & MYERS LLP 

7 Times Square 

New York, NY 10036 

Tel: (212) 326-2000 

Fax: (212) 326-2061 

Co-Attorneys for the Puerto Rico Fiscal 

Agency and Financial Advisory Authority

/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

Respectfully submitted, 

/s/ Juan B. Soto Balbas

Juan B. Soto Balbas 

USDC-PR-130305 

JUAN B. SOTO LAW OFFICES, 

PSC 

1353 Ave. Luis Vigoreaux 

PMB 270 

Guaynabo, P.R. 00966 

Tel.: (787) 273-0611 

Cel: (787) 370-6197 

Fax: (787) 273-1540 

E-mail: jsoto@jbsblaw.com 

 

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. 

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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

Co-Attorneys for the Puerto Rico Fiscal 

Agency and Financial Advisory Authority

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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)

In re:

THE FINANCIAL OVERSIGHT AND 

MANAGEMENT BOARD FOR PUERTO RICO,

as representative of 

PUERTO RICO HIGHWAYS AND 

TRANSPORTATION AUTHORITY (“HTA”)

Debtor.

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

PROMESA

Title III

No. 17 BK 3567-LTS

Re: ECF No.________

ORDER EXTENDING DEADLINES UNDER

ORDER SCHEDULING BRIEFING IN CONNECTION WITH

NOTICE OF COMPLIANCE AND PETITION FOR PAYMENT OF FUNDS

 

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).

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Upon the Joint Urgent Motion for Extension of Deadlines (the “Extension Motion”);

2

and 

the Court having found it has subject matter jurisdiction over this matter pursuant to PROMESA 

section 306; and it appearing that venue in this district is proper pursuant to PROMESA section 

307; and the Court having found that the relief requested in the Extension Motion is in the best 

interests of HTA and Movant; and the Court having found that HTA provided adequate and 

appropriate notice of the Extension Motion under the circumstances and that no other or further 

notice is required; and the Court having reviewed the Extension Motion; and the Court having 

determined that the factual bases set forth in the Extension 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 Extension Motion is granted as set forth herein. 

2. The deadline to file oppositions to the Motion Informing Status of Case and Request 

Order [Case No. 17 BK 3567-LTS, ECF No. 406], or to otherwise respond, shall be 

extended to April 13, 2018.

3. The deadline for Movant to file a reply to any oppositions shall be extended to April 

18, 2018. 

Dated: ___________, 2018

___________________________________

HONORABLE LAURA TAYLOR SWAIN

UNITED STATES DISTRICT JUDGE

 

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

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