UNITED STATES DISTRICT COURT 

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.1

PROMESA

Title III

No. 17 BK 3283-LTS

(Jointly Administered)

Re: ECF No. 2839

URGENT JOINT MOTION UNDER CASE MANAGEMENT 

PROCEDURES SEEKING EXTENSION OF DEADLINES 

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

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

as the representative of the Commonwealth of Puerto Rico, the Puerto Rico Sales Tax Financing 

Corporation, the Puerto Rico Highways and Transportation Authority, the Employees Retirement 

System of the Government of the Commonwealth of Puerto Rico, and the Puerto Rico Electric 

Power Authority (collectively, the “Debtors”) in this Title III case pursuant to section 315(b) of 

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

2

and the 

Puerto Rico Fiscal Agency and Financial Advisory Authority (“AAFAF”), as the entity authorized 

 

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).

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

Case:17-03283-LTS Doc#:3132 Filed:05/23/18 Entered:05/23/18 18:55:54 Desc: Main

Document Page 1 of 8
2

under Puerto Rico law to act on behalf of the Debtors pursuant to the authority granted to it under 

the Enabling Act of the Fiscal Agency and Financial Advisory Authority, Act 2-2017, respectfully 

submit this urgent joint motion for entry of an order, substantially in the form attached hereto as 

Exhibit A, extending the deadline for the Oversight Board and AAFAF to file the Joint Motion 

for Entry of an Order Further Amending the Interim Compensation Order (the “Motion to 

Amend”) in order for the Motion to Amend to be heard at the omnibus hearing on June 6, 2018 

(the “June Omnibus Hearing”). In support of this motion, the Oversight Board and AAFAF 

respectfully represent as follows: 

BACKGROUND

1. On August 23, 2017, the Court entered the Order Setting Procedures for Interim 

Compensation and Reimbursement of Expenses of Professionals [ECF No. 1150] establishing 

guidelines for the interim payment of professionals in the Title III cases. On November 8, 2017, 

the Court entered the First Amended Order Setting Procedures for Interim Compensation and 

Reimbursement of Expenses of Professionals [ECF No. 1715], which set the current procedures by 

which professionals apply for the reimbursement of fees and expenses incurred in connection with 

the Title III cases (the “Interim Compensation Procedures”).

2. By the Motion to Amend, the Oversight Board and AAFAF seek an order further 

amending the Interim Compensation Procedures to (a) ensure that professionals comply with 

Puerto Rico law and (b) increase oversight and transparency in the fee approval process for the 

benefit of the people of Puerto Rico. 

3. Pursuant to Paragraph III.G of the Fourth Amended Notice, Case Management and 

Administrative Procedures [ECF No. 2839] (the “Case Management Procedures”), “[p]leadings 

shall not be considered unless filed and served in accordance with the Case Management 

Procedures at least twenty-two (22) calendar days before the next applicable hearing date.” 

Case:17-03283-LTS Doc#:3132 Filed:05/23/18 Entered:05/23/18 18:55:54 Desc: Main

Document Page 2 of 8
3

Therefore, May 15, 2018 was the deadline to file pleadings to be considered at the June Omnibus 

Hearing. 

4. Pursuant to Paragraph III.I of the Case Management Procedures, “[t]he deadline to 

file an Objection (the “Objection Deadline”) to any Pleading shall be (i) 4:00 p.m. (Atlantic 

Standard Time) on the date that is fifteen (15) calendar days before the applicable hearing date or 

(ii) any date otherwise ordered by the Court.” Therefore, May 22, 2018 was the Objection 

Deadline. 

5. Pursuant to Paragraph III.K of the Case Management Procedures, the deadline to 

file replies, joinders to an objection, or any statement (the “Reply Deadline”), “shall be (i) for all 

parties other than the Debtors and any statutory committee, 4:00 p.m. (Atlantic Standard Time) on 

the date that is eight (8) calendar days before the applicable hearing date, (ii) for the Debtors and 

any statutory committee, 4:00 p.m. (Atlantic Standard Time) on the date that is seven (7) calendar 

days before the applicable hearing date, or (iii) any date and time otherwise ordered by the Court.” 

Therefore, the Reply Deadline for the Debtors is currently set for May 30, 2018.

RELIEF REQUESTED

5. By this motion, the Oversight Board and AAFAF request an extension of the 

applicable deadlines to allow the Motion to Amend to be heard at the June Omnibus Hearing and 

provide parties with adequate time to object or otherwise respond.

6. The Oversight Board and AAFAF request entry of an order extending the deadlines 

as follows:

 The deadline for AAFAF to file the Motion to Amend shall be extended to 

May 23, 2018.

 The Objection Deadline shall be extended to May 30, 2018 at 4:00 p.m. (Atlantic 

Standard Time).

Case:17-03283-LTS Doc#:3132 Filed:05/23/18 Entered:05/23/18 18:55:54 Desc: Main

Document Page 3 of 8
4

 The Reply Deadline shall be extended to June 4, 2018 at 4:00 p.m. (Atlantic 

Standard Time).

7. Pursuant to Paragraph I.H of the Case Management Procedures, the Oversight 

Board and AAFAF 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; and have made 

reasonable, good-faith communications in an effort to resolve or narrow the issues that are being 

brought to the Court.

NOTICE

8. The Oversight Board and AAFAF have provided notice of this motion to: (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) the statutory committees appointed in these Title 

III Cases; (e) the Office of the United States Attorney for the District of Puerto Rico; (f) the Puerto 

Rico Department of Justice; (g) the Other Interested Parties;

3

and (h) all parties filing a notice of 

appearance in these Title III Cases. The Oversight Board and AAFAF submit that, in light of the 

nature of the relief requested, no other or further notice need be given.

NO PRIOR REQUEST

9. No prior request for the relief sought in this motion has been made to this or any 

other court. 

 

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.

Case:17-03283-LTS Doc#:3132 Filed:05/23/18 Entered:05/23/18 18:55:54 Desc: Main

Document Page 4 of 8
WHEREFORE the Oversight Board and AAFAF respectfully request the Court to enter 

an order, substantially in the form attached hereto as Exhibit A, (a) granting the motion, and 

(b) granting such other relief as is just and proper.

Dated: May 23, 2018

San Juan, Puerto Rico

/s/ Paul V. Possinger

Martin J. Bienenstock (admitted pro hac vice) 

Brian S. Rosen (admitted pro hac vice) 

Paul V. Possinger (admitted pro hac vice) 

Ehud Barak (admitted pro hac vice)

Maja Zerjal (admitted 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 

Debtors

/s/ Hermann D. Bauer

Hermann D. Bauer

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 

Debtors

Respectfully submitted, 

/s/ Peter Friedman

John J. Rapisardi

Suzzanne Uhland 

Peter Friedman

(Admitted Pro Hac Vice) 

O’MELVENY & MYERS LLP

7 Times Square

New York, NY 10036

Tel: (212) 326-2000

Fax: (212) 326-2061

Attorneys for the Puerto Rico Fiscal Agency 

and Financial Advisory Authority 

/s/ Luis C. Marini-Biaggi

Luis C. Marini-Biaggi

USDC No. 222301 

Carolina Velaz-Rivero

USDC No. 300913

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 

Case:17-03283-LTS Doc#:3132 Filed:05/23/18 Entered:05/23/18 18:55:54 Desc: Main

Document Page 5 of 8
Exhibit A

Proposed Order

Case:17-03283-LTS Doc#:3132 Filed:05/23/18 Entered:05/23/18 18:55:54 Desc: Main

Document Page 6 of 8
UNITED STATES DISTRICT COURT 

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.1

PROMESA

Title III

No. 17 BK 3283-LTS

(Jointly Administered)

Re: ECF No. ___.

ORDER GRANTING URGENT JOINT MOTION UNDER CASE 

MANAGEMENT PROCEDURES SEEKING EXTENSION OF DEADLINES 

Upon the Urgent Joint Motion under Case Management Procedures Seeking Extension of 

Deadlines (the “Urgent Motion”);2and the Court having found it has subject matter jurisdiction 

over this matter pursuant to PROMESA section 306(a); and it appearing that venue is proper 

pursuant to PROMESA section 307(a); and the Court having found that the relief requested in the 

Urgent Motion is in the best interests of the Debtors, their creditors, and other parties in interest, 

it is HEREBY ORDERED THAT:

1. The Urgent Motion is granted as set forth herein.

2. The deadline for the Oversight Board and AAFAF to file the Motion to Amend is

extended to May 23, 2018.

 

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).

2

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

Case:17-03283-LTS Doc#:3132 Filed:05/23/18 Entered:05/23/18 18:55:54 Desc: Main

Document Page 7 of 8
2

3. The Objection Deadline is extended to May 30, 2018 at 4:00 p.m. (Atlantic 

Standard Time).

4. The Reply Deadline is extended to June 4, 2018 at 4:00 p.m. (Atlantic Standard 

Time).

5. This Court retains exclusive jurisdiction with respect to all matters arising from or 

related to the implementation, interpretation, and enforcement of this Order.

6. This Order resolves docket entry no._______.

SO ORDERED.

Dated: _________________, 2018 __________________________________

San Juan, Puerto Rico LAURA TAYLOR SWAIN

 UNITED STATES DISTRICT JUDGE

Case:17-03283-LTS Doc#:3132 Filed:05/23/18 Entered:05/23/18 18:55:54 Desc: Main

Document Page 8 of 8