IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF PUERTO RICO

In re:

THE FINANCIAL OVERSIGHT AND 

MANAGEMENT BOARD FOR PUERTO 

RICO,

as representative of

THE COMMONWEALTH OF PUERTO 

RICO, et 

al.,

Debtors.

PROMESA 

Title III 

Case No.: 17 BK 3283-LTS 

(Jointly Administered) 

This filing relates to the 

Commonwealth, ERS, HTA, and PBA.

Claim No. 59396

Claimant: Pharma Bio Serv PR Inc.

MOTION REQUESTING LEAVE TO FILE

CLAIMANT’S RESPONSE TO OMNIBUS OBJECTION BECAUSE 

INADEQUATE AND INCOMPLETE NOTICE WAS RECEIVED LATE BY 

CLAIMANT AFTER THE ESTABLISHED DEADLINE

HAD ALREADY PASSED 

TO THE HONORABLE COURT:

COME NOW creditor Pharma Bio Serv PR Inc. (hereinafter “Pharma” or 

“Claimant”), through the undersigned counsels, and very respectfully STATE and PRAY 

as follows:

1. On June 7, 2018, Pharma filed a proof of claim. The claim no. is 59396.

2. On May 23, 2023 Pharma received a single sheet of paper indicating the 

following: “If your claim is listed here, one or more of your debtors are seeking 

to disallow your claim for the reason listed below.” See Exhibit 1. In addition 

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to 2 additional sentences indicating the reason of the debtor for the claim to be 

disallowed, this is basically all that was notified to the claimant and that was 

received by it on May 23, 2023.

3. Pharma diligently tried to obtain information of this case, since no information 

was provided in the notice received, because only a single paper, with very 

limited information, containing probably no more than 150 words, was received. 

Not even a case docket number was notified; only the original claim number

filed in the year 2018.

4. After several attempts of the undersigned attorney on behalf of Pharma, trying 

to contact a human being at the telephone numbers provided in such paper 

received (Exhibit 1), it was yesterday, June 21, 2023, that we were able to have 

someone respond the telephone and were able to contact Ms. Lisa O. (who 

informed that she was not allowed to provide her lastname). Thus, yesterday,

Pharma received for the first time more information that what was not included 

with the Exhibit 1 of this motion, including a case number, and how to proceed

to file a response.

5. Ms. Lisa O. looked for information on a website of “Kroll Restructuring 

Administration” and informed the undersigned attorney that according to 

information that she was able to review on this website, there was a deadline for

Pharma to submit any response to the omnibus objection by May 22, 2023, and 

that where was a hearing scheduled for June 7th, 2023. This information was 

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never received or notified before yesterday to the claimant / creditor 

Pharma.

6. This is new information for Pharma, since the Claimant did not receive any 

notice prior to May 22, 2023, informing about such deadline that was 

informed yesterday, June 21, 2023, for the first time, via telephone call, by 

Ms. Lisa O. to the undersigned attorney. Also, Pharma did not receive any 

instructions or information concerning the required proceeding to respond 

to the debtor’s objection to the debt. 

7. Yesterday we were guided by Ms. Lisa O. to a website containing a PDF 

document online that indicates in 207 pages the instructions for filing a response. 

The document that was mentioned yesterday for the first time, and for 

which an online reference was provided to the same via telephone, is Docket 

/ Doc#: 24050-19 of the above-captioned case no. 17-03283-LTS, and from 

the Court stamp at the top of each page it seems that “Desc: Exhibit R” may

also be relevant to this filing.

8. The notice received by Pharma [See Exhibit 1] failed to inform: (1) a case name; 

(2) a case number and/or docket number; (2) a procedure or the requirements to 

file a response; (3) where and how to file the response; (4) any attorneys to be 

notified about the response; (5) any other information necessary to adequately 

file a response in a timely manner.

9. A response could not be properly filed and served by Pharma in compliance

with the requirements established in the notice provided yesterday through 

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a telephone call, because no timely and adequate notice was received by the 

creditor Pharma before May 22nd. Therefore, Pharma was neither able to 

participate of the hearing on the Omnibus Objection held on June 7, 2023, before 

the Honorable Laura Taylor Swain at the United States District Court for the 

District of Puerto Rico.

10.In view of the above, Pharma hereby requests from this Honorable Court a 

period of 20 days, to be counted from the date that the Court Order is 

issued, to file its response to the objection presented by the debtor, after 

Pharma received adequate notice for the first time yesterday, June 21, 2023,

via telephone.

11.Failure to appear before the Court and/or to file a response was not due to 

Pharma’s negligence, since it never received notice prior to the deadline 

established, and because it received incomplete and inadequate notice (just 

one single paper / sheet) on May 23, 2023 in an envelope coming from “Kroll

Restructuring Administration”. However, Pharma was not able to contact 

anyone until yesterday, at the phone numbers provided, despite its efforts 

calling such numbers and only hearing unhelpful recordings from a 

machine without a human being answering. Pharma called 2 times before 

yesterday to obtain more information about the case, to obtain the Docket 

number of this case, and to be adequately informed about the proceedings to file 

a response. Yesterday, June 21, 2023, was the first time that it received a 

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response from someone after its previous calls, and after leaving a voice 

message.

12.A review of the Court Docket listing shows in Document / Docket No. 24618

that the attorney for the Commonwealth of Puerto Rico filed a certificate of 

service for Docket No. 24050 yesterday, June 21, 2023, months after the 

filing of its omnibus objection. However, Pharma was not adequately 

served. 

13.Constitutional due process calls for an opportunity to Pharma to respond 

to debtor’s claims of supposedly having “no outstanding liabilities 

associated with these invoices in the agency’s system.” Because of 

inadequate and untimely notice sent to Pharma, it was not able to file on 

time a response by the established deadline, despite all the evidence in 

Pharma’s possession demonstrating the numerous times that the invoices were 

sent to the debtor and the multiple communications between the parties, showing 

that debtor did have and/or is supposed to have such “outstanding liabilities 

associated with [Pharma’s] invoices in the agency’s system.”

14.Pharma would use the opportunity hereby requested from this Honorable Court 

to provide the reasons for opposing the Omnibus Objection, to provide the 

supporting documentation and evidence showing all the communications 

between the debtor and the claimant / creditor, which demonstrate that the 

agency’s claim of “not having outstanding liabilities in its system” is baseless 

and unfounded. 

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15.In compliance with the Court Order reviewed [Doc#:24050-19], it is hereby 

informed that the responding claimant is Pharma Bio Serv PR, Inc., and the 

office in charge is Mr. Pedro Lasanta, Chief Financial Officer, with the following 

postal and physical address: 6 Road 696, Dorado, Puerto Rico, 00646-3306; 

Telephone (787) 396-0855; Fax: (787) 796-5168; Email: 

plasanta@pharmabioserv.com. This would be “the party with authority to 

reconcile, settle, or otherwise resolve the Omnibus Objection on the claimant’s 

behalf.”

WHEREFORE, it is respectfully requested from this Honorable Court, after good 

cause has been shown, that a time period of 20 days is allowed to Pharma, until July 10, 

2023, to file its response to the objection presented by the debtor, after having received 

adequate notice for the first time on June 21, 2023.

RESPECTFULLY SUBMITTED.

In San Juan, Puerto Rico, this 22

nd day of June, 2023.

WE HEREBY CERTIFY THAT the undersigned counsels electronically filed the 

present document with the Clerk of the Court using the CM/ECF System, which in turn 

will send notification of this filing to all attorneys of record.

Carlos R. Paula, Esq.

Attorney for creditor Pharma Bio Serv PR Inc.

Citibank Towers, Suite 500

252 Ponce de León Avenue

San Juan, Puerto Rico 00918

Tel. (787) 758-1400

Cel. (787) 460-3456

paula@laborcounsels.com

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S/ CARLOS R. PAULA

USDCPR # 212009

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