180801 FIFTH AMENDED CASE MANAGEMENT ORDER VERSION AUGUST 1, 2018 1 

 UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF PUERTO RICO 

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 : 

In re: : 

 : 

THE FINANCIAL OVERSIGHT AND : PROMESA 

MANAGEMENT BOARD FOR PUERTO RICO, : Title III 

 : 

 as representative of : Case No. 17-BK-3283 (LTS) 

 : 

THE COMMONWEALTH OF PUERTO RICO et al., : (Jointly Administered) 

 : 

Debtors.1

 : 

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ORDER FURTHER AMENDING CASE MANAGEMENT PROCEDURES TO (A) RESCHEDULE THE 

SEPTEMBER 2018 OMNIBUS HEARING, (B) PROVIDE THAT PARTIES ARE NO LONGER REQUIRED TO 

PROVIDE SERVICE OF PAPER COURTESY COPIES ON THE COURT, AND (C) PROVIDE CERTAIN 

CLARIFYING CHANGES REGARDING THE DISCLOSURE REQUIREMENTS FOR RULE 2019(B) GROUPS

Upon the Motion of Official Committee of Unsecured Creditors to Clarify or Amend 

Fourth Amended Notice, Case Management and Administrative Procedures Regarding Disclosure 

Requirements Pursuant to Federal Rule of Bankruptcy Procedure 2019, dated July 3, 2018 

[Docket No. 3432] (the “Motion”);2

 and the Court having found it has subject matter jurisdiction 

over this matter pursuant to section 306 of PROMESA; and it appearing that venue in this district 

is proper pursuant to section 307 of PROMESA; and the Court having found that the relief 

 

1

 The Debtors in these title III cases, along with each Debtor’s respective title III case number 

listed as a bankruptcy case number due to software limitations and the last four (4) digits of 

each Debtor’s federal tax identification number, as applicable, are the (i) Commonwealth of 

Puerto Rico (the “Commonwealth”) (Bankruptcy Case No. 17-BK-3283 (LTS)) (Last Four 

Digits of Federal Tax ID: 3481), (ii) 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), (iii) Puerto Rico Highways and Transportation Authority 

(“HTA”) (Bankruptcy Case No. 17-BK-3567 (LTS)) (Last Four Digits of Federal Tax ID: 

3808), and (iv) Puerto Rico Sales Tax Financing Corporation (“COFINA”) (Bankruptcy Case 

No. 17-BK-3284 (LTS)) (Last Four Digits of Federal Tax ID: 8474). 

2

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

the Motion. 

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requested in the Notice is in the best interests of the Debtors, their creditors, and other parties in 

interest; and the Court having found that the Debtors provided adequate and appropriate notice 

under the circumstances and that no other or further notice is required; and the Court having held 

a hearing on the Motion on July 25, 2018; and after due deliberation and sufficient cause appearing 

therefor, it is HEREBY ORDERED THAT:

1. The Fifth Amended Notice, Case Management and Administrative Procedures

attached hereto as Exhibit 1 is approved. 

2. The September 12, 2018, Omnibus Hearing is hereby rescheduled to September 13, 

2018. 

3. Unless otherwise ordered, parties are no longer required to provide service 

of paper courtesy copies on the Court. As provided in paragraph I.I, the parties are still required 

to email a copy of any proposed order, in Microsoft word format, to the Court at 

swaindprcorresp@nysd.uscourts.gov. 

4. Paragraph IV.A of Section IV (Disclosure Requirements) of the Case Management 

Procedures is modified as follows (inserts are underlined and in bold): 

Every group, committee and entity described in Federal Rule of Bankruptcy 

Procedure 2019(b)(1) (each, a “Rule 2019(b) Group”), that, on or before August 

9, 2017, has taken a position before the Court3 must file a verified statement that 

complies with the disclosure requirements enumerated by Federal Rule of 

Bankruptcy Procedure 2019 by August 24, 2017 at 5:00 p.m. (Atlantic Standard 

Time). For the avoidance of doubt and for the purposes of these Title III cases, 

compliance with Bankruptcy Rule 2019 includes disclosure of: (i) all economic 

interests with respect to each Debtor in whose Title III case the group, committee 

and/or entity has taken a position,4 including derivative interests, and (ii) the 

existence and amount of any bond insurance or other credit protection, including 

by a monoline insurer. 

3 For the avoidance of doubt, the phrase “takes a position before the Court” 

includes, but is not limited to, the filing of any Pleading by or on behalf of a 

Rule 2019(b) Group in any Title III case or related adversary proceeding, 

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including informative motion practice containing factual or legal representations 

or arguments. 

4

 For the avoidance of doubt, a Rule 2019(b) Group takes a position in the 

case of a Title III Debtor by appearing in such Debtor’s Title III case or 

related adversary proceeding in any capacity, including by, among other 

things, filing a Pleading, filing an informative motion, executing a courtapproved stipulation, appearing at a hearing before the Court, or asserting 

any legal or factual positions that would in any way impact the property or 

rights of the Title III Debtor. 

5. Paragraph IV.D is added to the Case Management Procedures, as follows: 

Within fourteen (14) days of entry of the order approving these Case 

Management Procedures, any Rule 2019(b) Group that filed a verified 

statement after August 8, 2017 shall file an amended verified statement 

reflecting any economic interest (and any material change in such economic 

interest from August 8, 2017 through the date of the addition of this 

paragraph to the Case Management Procedures), required to be disclosed 

pursuant to Paragraph IV.A, that was not disclosed in the previously filed 

verified statement; provided, however, that, with respect to the Ad Hoc 

Group of General Obligation Bondholders (the “Ad Hoc GO Group”), the 

foregoing retroactive disclosure shall only be required for those entities that 

were members of the Ad Hoc GO Group as of July 1, 2018. 

6. The Court shall retain jurisdiction to hear and determine all matters arising from or 

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

7. This Order resolves Docket Entry No. 3432. 

SO ORDERED. 

Dated: August 1, 2018 

 /s/ Laura Taylor Swain 

 LAURA TAYLOR SWAIN

 United States District Judge 

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