180711 ORDER DENYING AMICUS BRIEF.DOCX VERSION JULY 11, 2018 1 

UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF PUERTO RICO 

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

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

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

ORDERING DENYING THE MOTION FOR LEAVE TO FILE BRIEF OF 

AMICUS CURIAE ON THE NEED FOR A HUMAN RIGHTS BASED 

APPROACH TO THE GOVERNMENT OF PUERTO RICO DEBT RESTRUCTURING PROCESS

The Court has received the Motion for Leave to File Brief of Amicus Curiae on 

the Need for a Human Rights Based Approach to the Government of Puerto Rico Debt 

Restructuring Process (the “Motion,” Docket Entry No. 3486 in Case No. 17-3283) filed by the 

Civil Rights Commission of Puerto Rico (the “Movant”). In the First Circuit, the acceptance of 

amicus briefs is within the sound discretion of the court. Strasser v. Doorley, 432 F.2d 567, 569 

(1st Cir. 1970). Absent joint consent of the parties, a district court “should go slow in accepting, 

and even slower in inviting, an amicus brief unless, [] a party . . . has a special interest that 

justifies his having a say, or unless the court feels that existing counsel may need supplementing 

assistance.” Id. 

The proffered amicus brief does not reference or purport to be tied to specific 

issues raised in any pending motion or adversary proceeding. No debt restructuring plan is 

 

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). 

Case:17-03283-LTS Doc#:3488 Filed:07/11/18 Entered:07/11/18 17:12:30 Desc: Main

Document Page 1 of 2
180711 ORDER DENYING AMICUS BRIEF.DOCX VERSION JULY 11, 2018 2 

currently before the Court, and the Court does not have unilateral power to propose a debt 

restructuring plan given that the Oversight Board has the sole authority to propose such a plan 

pursuant to PROMESA. See 48 U.S.C.A. § 2172(a) (West 2017). Accordingly, the amicus brief 

is not pertinent to the Title III proceedings at this time, and the Movant has not established that it 

has a special interest in this case that justifies the filing of an amicus brief at this juncture.

The Motion is denied without prejudice to a future application in connection with 

litigated matters, and without prejudice to ongoing communications and education work by the 

Movant outside of the Title III court proceedings. This Order resolves Docket Entry No. 3486. 

SO ORDERED. 

Dated: July 11, 2018 

 /s/ Laura Taylor Swain 

 LAURA TAYLOR SWAIN 

 United States District Judge 

Case:17-03283-LTS Doc#:3488 Filed:07/11/18 Entered:07/11/18 17:12:30 Desc: Main

Document Page 2 of 2