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. 2245

JOINT URGENT MOTION SEEKING EXTENSION OF DEADLINES TO RESPOND 

AND REPLY IN SUPPORT TO THE CBA COUNTERPARTIES’ MOTION FOR AN 

ORDER TO PERMIT THE PROCESSING THROUGH RESOLUTION OF 

EMPLOYMENT ARBITRATION AND GRIEVANCE PROCEEDINGS

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

The Puerto Rico Fiscal Agency and Financial Advisory Authority (“AAFAF”), on behalf 

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”), as Title III debtors, and the American Federation of State, County 

and Municipal Employees International Union, AFL-CIO (“AFSCME”), the American Federation 

of Teachers, AFL-CIO (“AFT”), the Service Employees International Union (“SEIU”), and the 

 

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).

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International Union, United Automobile, Aerospace and Agricultural Implement Workers of 

America (the “UAW” and together with SEIU, AFT, and AFSCME, the “Unions”) through their 

undersigned counsel, respectfully submit this urgent joint motion for entry of an order, 

substantially in the form attached hereto as Exhibit A, extending the deadlines for the Debtors to 

respond to Joint Motion of American Federation of State, County and Municipal Employees, AFLCIO and American Federation of Teachers, AFL-CIO, for an Order to Permit the Processing 

Through Resolution of Employment Arbitration and Grievance Proceedings [ECF No. 2245] 

(the “Joint Motion”) and the deadline for the Unions to reply in support thereof.

2

 In support of 

this motion, the Debtors and the Unions respectfully represent as follows: 

BACKGROUND

1. On January 16, 2018, AFT and AFSCME filed the Joint Motion, and SEIU and 

UAW filed the Joinder of Service Employees International Union and International Union, United 

Automobile, Aerospace and Agricultural Implement Workers of America (UAW) to Joint Motion 

of American Federation of State, County and Municipal Employees, AFL-CIO and American

Federation of Teachers, AFL-CIO, for an Order to Permit the Processing Through Resolution of 

Employment Arbitration and Grievance Proceedings [ECF No. 2249] (the “Joinder” and together 

with the Joint Motion, the “Motion”).

2. On January 30, 2018, AAFAF and the Unions filed a Joint Informative Motion 

Regarding the Consensual Adjournment of the CBA Counterparties’ Motion For An Order to 

Permit the Processing Through Resolution of Employment Arbitration And Grievance 

Proceedings [ECF No. 2315], which adjourned the hearing on the Motion to March 7, 2018 at 9:30 

a.m. (Atlantic Standard Time).

 2 The Financial Oversight and Management Board for Puerto Rico, as the Debtors’ representative pursuant to 

section 315(b) of the Puerto Rico Oversight, Management, and Economic Stability Act, has authorized AAFAF 

to file this motion on behalf of the Debtors.

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RELIEF REQUESTED

1. By this Joint Motion, the Debtors and the Unions request an order extending the 

deadlines as follows:

• The deadline to file responses to the Motion shall be extended to February 23, 

2018 for the Debtors and AAFAF.

• The deadline for the Unions to file a reply to any responses shall be extended to 

March 2, 2018.

2. Pursuant to Paragraph 1.H of the Third Amended Notice, Case Management and 

Administrative Procedures (Case No. 17 BK 3283-LTS, ECF No. 1512-1), the parties 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 bona 

fide effort to resolve the matter without a hearing; have made reasonable, good-faith

communications in an effort to resolve or narrow the issues that are being brought to the Court;

and have conferred with counsel for the Oversight Board, and no party opposes the relief requested 

herein.

NOTICE

3. The Debtors have provided notice of this Joint 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) counsel to the Puerto 

Rico Fiscal Agency and Financial Advisory Authority; (g) the Puerto Rico Department of Justice; 

(h) all parties filing a notice of appearance in these Title III Cases; and (i) counsel to the Unions. 

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The Debtors submit that, in light of the nature of the relief requested, no other or further notice 

need be given.

NO PRIOR REQUEST

4. No prior request for the relief sought in this Joint Motion has been made to this or

any other court. 

Remainder of Page Intentionally Left Blank

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WHEREFORE the Debtors respectfully request the Court to enter an order, substantially 

in the form attached hereto as Exhibit A, (a) granting this Joint Motion, and (b) granting such 

other relief as is just and proper.

Dated: February 20, 2017

New York, New York

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/ Mohammad S. Yassin

Mohammad S. Yassin

USDC-PR Bar No. 302909

PUERTO RICO FISCAL AGENCY AND 

FINANCIAL ADVISORY AUTHORITY

Robert Sánchez Vilella (Minillas)

Government Center

De Diego Avenue, Stop 22

San Juan, Puerto Rico 00907

Telephone: (787) 722-2525

Facsimile: (787) 721-1443

Chief Legal and Regulatory Officer

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Exhibit A

Proposed Order

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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 JOINT URGENT MOTION SEEKING EXTENSION 

OF DEADLINES TO RESPOND AND REPLY IN SUPPORT TO THE CBA 

COUNTERPARTIES’ MOTION FOR AN ORDER TO PERMIT THE 

PROCESSING THROUGH RESOLUTION OF EMPLOYMENT 

ARBITRATION AND GRIEVANCE PROCEEDINGS

Upon the Joint Urgent Motion Seeking Extension of Deadlines to Respond and Reply in 

Support to the CBA Counterparties’ Motion for an Order to Permit the Processing Through 

Resolution of Employment Arbitration and Grievance Proceedings (the “Urgent Motion”);2 and 

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 Joint Motion is in the best interests of the 

Debtors, their creditors, and other parties in interest, it is HEREBY ORDERED THAT:

 

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.

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

2. The deadline to file responses to the Motion shall be extended to February 23, 

2018 for the Debtors and AAFAF.

3. The deadline for the Unions to file a reply to any responses shall be extended to 

March 2, 2018.

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

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

5. This Order resolves docket entry no._______.

SO ORDERED.

Dated: _________________, 2018 __________________________________

San Juan, Puerto Rico LAURA TAYLOR SWAIN

 UNITED STATES DISTRICT JUDGE

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