180917 ORD RE SCHED UCC MOT & ADV PROC.DOCX VERSION SEPTEMBER 17, 2018 0

UNITED STATES DISTRICT COURT 

DISTRICT OF PUERTO RICO

GOVERNMENT DEVELOPMENT BANK FOR 

PUERTO RICO, 

 Applicant.

PROMESA

Title VI

Case No. 18-1561 (LTS)

In re: 

THE FINANCIAL OVERSIGHT AND : 

PROMESA MANAGEMENT BOARD FOR 

PUERTO RICO, 

as representative of

THE COMMONWEALTH OF PUERTO RICO, et 

al.,

Debtors.1

PROMESA

Title III

Case No. 17-BK-3283 (LTS)

(Jointly Administered)

THE OFFICIAL COMMITTEE OF UNSECURED 

CREDITORS OF THE DEBTORS (OTHER THAN 

COFINA), 

Plaintiff,

v.

THE COMMONWEALTH OF PUERTO RICO, 

THE PUERTO RICO FISCAL AGENCY AND 

FINANCIAL ADVISORY AUTHORITY, THE 

Adv. Proc. No. 18-00101 (LTS)

 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).

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180917 ORD RE SCHED UCC MOT & ADV PROC.DOCX VERSION SEPTEMBER 17, 2018 1

GOVERNMENT DEVELOPMENT BANK FOR 

PUERTO RICO, AND THE FINANCIAL 

OVERSIGHT AND MANAGEMENT BOARD 

FOR PUERTO RICO,

Defendants.

ORDER SETTING A SCHEDULE FOR THE COMMITTEE’S DERIVATIVE 

STANDING MOTION AND THE ADVERSARY COMPLAINT

Upon the informative motion (the “Motion”)2 of GDB, AAFAF, and the Oversight Board 

for entry of a scheduling order regarding the Derivative Standing Motion and Adversary 

Complaint, as more fully set forth in the Motion; and the Court having jurisdiction to consider the 

Motion and the relief requested therein in accordance with PROMESA sections 106(a) and 601;

and the Court having found that the relief requested in the Motion is in the best interests of GDB 

and its creditors, and any interested parties; and after due deliberation and sufficient cause of 

appearing therefor, it is HEREBY ORDERED THAT:

1. A hearing on the Derivative Standing Motion and any motions to dismiss the 

Adversary Complaint for lack of standing shall be held before the Honorable Laura Taylor Swain, 

United States District Judge, in Room 17-C of the United States District Court for the Southern 

District of New York on October 3, 2018 at 2:00 p.m. (Atlantic Standard Time). The hearing 

may be continued from time to time by the Court without further notice other than adjournments 

announced in open Court or by orders entered on the docket. 

2. The deadline for any party to object to the Derivative Standing Motion (each a 

“Derivative Standing Objection”) and move to dismiss the Adversary Complaint for lack of 

standing (each, a “Motion to Dismiss”) is September 21, 2018 at 11:59 p.m. (Atlantic Standard 

Time).

 2 Capitalized terms used by not defined herein shall have the meanings used in the Motion. 

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180917 ORD RE SCHED UCC MOT & ADV PROC.DOCX VERSION SEPTEMBER 17, 2018 2

3. The deadline to respond to a Derivative Standing Objection and a Motion to 

Dismiss is September 28, 2018 at 11:59 p.m. (Atlantic Standard Time).

4. The deadline to reply to any objection to a Motion to Dismiss is October 1, 2018 

at 5:00 p.m. (Atlantic Standard Time).

5. Any objections or responses related to the Derivative Standing Motion or the 

Motion to Dismiss must: (i) be in writing; (ii) conform to the applicable Local Rules and 

PROMESA; (iii) set forth the name of the objecting party, the basis for the objection, and the 

specific ground thereof; and (iv) be filed with the Court, together with proof of service. 

6. A further hearing to consider any Supplemental Dispositive Motion (as defined 

herein) in the Adversary Complaint shall be held before the Honorable Laura Taylor Swain, United

States District Judge, in Room 17-C of the United States District Court for the Southern District 

of New York, on November 13, 2018 at 11:00 a.m. (Atlantic Standard Time). The hearing may 

be continued from time to time by the Court without further notice other than adjournments 

announced in open Court or by orders entered on the docket. 

7. The deadline for any party to make any motion pursuant to Rule 12 of the Federal 

Rules of Civil Procedure and/or move for summary judgment (each, a “Supplemental Dispositive 

Motion”) with respect to the Adversary Complaint is October 10, 2018 at 5:00 p.m. (Atlantic 

Standard Time). 

8. Any party wishing to respond to a Supplemental Dispositive Motion must file a 

response by October 24, 2018 at 5:00 p.m. (Atlantic Standard Time).

9. Any party wishing to file a reply in support of a Supplemental Dispositive Motion

must do so by November 7, 2018 at 5:00 p.m. (Atlantic Standard Time). 

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10. Any objections or responses related to any Supplemental Dispositive Motion must: 

(i) be in writing; (ii) conform to the applicable Local Rules and PROMESA; (iii) set forth the name 

of the objecting party, the basis for the objection, and the specific ground thereof; and (iv) be filed 

with the Court, together with proof of service. 

11. This Order is without prejudice to GDB’s, AAFAF’s, the Oversight Board’s, or the 

Committee’s right to seek extensions to any of the deadlines set forth herein. 

12. GDB, AAFAF, and the Oversight Board are authorized and empowered to take all 

actions necessary or appropriate to implement the relief granted in this Order. 

13. This Court shall retain jurisdiction with respect to all matters arising from or related 

to the interpretation or implementation of this Order. 

SO ORDERED.

Dated: September 17, 2018

/s/ Laura Taylor Swain

Laura Taylor Swain

United States District Judge

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