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 

Re: ECF Nos. 3019, 3462

(Jointly Administered) 

In re: 

THE FINANCIAL OVERSIGHT AND 

MANAGEMENT BOARD FOR PUERTO RICO, 

as representative of

THE COMMONWEALTH OF PUERTO RICO, 

Debtor.

PROMESA 

Title III 

No. 17 BK 3283-LTS 

This Urgent Motion relates to the 

Commonwealth, HTA, and PREPA, and 

shall be filed in Case Nos. 17 BK 3283-

LTS, 17 BK 3567-LTS, and 17 BK 4780-

LTS.

In re: 

THE FINANCIAL OVERSIGHT AND 

MANAGEMENT BOARD FOR PUERTO RICO, 

as representative of

PUERTO RICO HIGHWAYS AND 

TRANSPORTATION AUTHORITY (“HTA”), 

PROMESA 

Title III 

No. 17 BK 3567-LTS 

Re: ECF No. 461

 

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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Debtor.

In re: 

THE FINANCIAL OVERSIGHT AND 

MANAGEMENT BOARD FOR PUERTO RICO, 

as representative of

PUERTO RICO ELECTRIC POWER AUTHORITY, 

Debtor.

PROMESA 

Title III 

No. 17 BK 4780-LTS 

Re: ECF No. 906

URGENT JOINT MOTION FOR EXTENSION OF DEADLINES

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 Puerto Rico Highways and Transportation Authority (“HTA”), pursuant to the authority 

granted to it under the Enabling Act of the Fiscal Agency and Financial Advisory Authority, Act 

2-2017, with the Autonomous Municipality of Ponce (“Movant”) (collectively, the “Parties”),

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

hereto as Exhibit A (the “Proposed Order”), extending the deadlines set forth in the Order 

Granting Urgent Motion for Extension of Deadlines in Connection with Autonomous Municipality 

of Ponce’s Motion for Partial Lift of Stay [ECF No. 3462 in Case No. 17-03283, ECF No. 461 in 

Case No. 17-03567, ECF No. 906 in Case No. 17-4780] (the “Amended Scheduling Order”)2.

 

2 The Financial Oversight and Management Board for Puerto Rico (the “Oversight Board”), as the Debtors’ 

representative pursuant to section 315(b) of the Puerto Rico Oversight, Management, and Economic Stability Act 

(“PROMESA”), has authorized AAFAF to file this urgent motion on behalf of HTA. 

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Request for Relief

1. On May 4, 2018, the Movant filed the Motion for Partial Lift of Stay [Case No. 17-

03283, ECF No. 3019] (the “Motion), seeking relief from the automatic stay to allow the 

Prepetition Action to proceed, except for any evidentiary hearing on damages, and for the 

judgment entered on June 24, 1996 in the Prepetition Action before the Commonwealth Court (the 

“Prepetition Judgment”) to be enforced, except for any judgment or settlement for damages. 

Motion ¶¶ 9, 15.

2. The Prepetition Judgment requires, HTA, among others, to complete all 

construction projects detailed in a prepetition Agreement for the Development of Programed 

Projects between the Central Government and the Municipality of Ponce, dated October 28, 1992

(the “Development Agreement”). 

3. On July 10, 2018, the Court entered the Amended Scheduling Order, which 

provides that opposition papers to the Motion must be filed by July 12, 2018 at 5:00 p.m., and 

Movant’s reply papers must be filed by July 19, 2018 at 5:00 p.m. 

4. The Parties hereby inform the Court that they have reached an agreement in 

principle. However, the Parties need additional time to finalize the terms of the agreement and 

execute the same. In consideration of the foregoing, the Parties have agreed to the following 

extensions of the deadlines set forth in the Amended Scheduling Order: 

• The deadline to file oppositions to the Motion, or to otherwise respond, shall be extended 

to July 19, 2018. 

• The deadline for Movant to file a reply to any oppositions shall be extended to July 26, 

2018. 

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5. Pursuant to Paragraph 1.H of the Fourth Amended Notice, Case Management and 

Administrative Procedures [Case No. 17 BK 32830 ECF No. 2839-1] (the “Case Management 

Procedures”), HTA hereby certifies that it has carefully examined the matter and concluded that 

there is a true need for an urgent motion; it has not created the urgency through any lack of due 

diligence; has made a bona fide effort to resolve the matter without a hearing; has made reasonable, 

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

the Court, and no party opposes the relief requested herein. 

Notice

6. HTA has provided notice of this motion in accordance with the Case Management 

Procedures to the following parties: (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) counsel to 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 Oversight Board; (g) the 

Puerto Rico Department of Justice; (h) the Other Interested Parties;3(i) all parties filing a notice 

of appearance in these Title III cases; and (j) Movant. A copy of the motion is also available on 

the Debtors’ case website at https://cases.primeclerk.com/puertorico/.

7. HTA hereby submits that, in light of the nature of the relief requested, no other or 

further notice need be given. 

WHEREFORE, the HTA and Movant respectfully request the Court enter the Proposed 

Order and grant such other relief as is just and proper. 

 

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. 

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Dated: July 12, 2018 

San Juan, Puerto Rico 

Respectfully submitted, 

/s/Luis C. Marini-Biaggi

Luis C. Marini-Biaggi

USDC No. 222301 

Email: lmarini@mpmlawpr.com

/s/Carolina Velaz-Rivero

Carolina Velaz-Rivero

USDC No. 300913

Email: cvelaz@mpmlawpr.com

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

Attorneys for the Puerto Rico Fiscal 

Agency and Financial Advisory Authority

CARLOS FERNÁNDEZ NADAL

/s/ Carlos Fernández Nadal

CARLOS FERNANDÉZ NADAL

USDC

Ave. Hostos #818 Ste. B

Playa de Ponce, Puerto Rico, 00716

Phone: 787-848-4612/Fax: 787-848-

4632

Email: carlosfernandez@cfnlaw.com

Attorney for the Municipality of Ponce

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Exhibit A

Proposed Order

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