IN RE FIN. OVERSIGHT AND MGMT. BD. FOR PUERTO RICO

Case No. 17-BK-3283 (LTS) (Jointly Administered), Case No. 17-BK-4780 (LTS) Adv. Proc. No. 21-41 (LTS).

631 B.R. 571 (2021)

IN RE: The FINANCIAL OVERSIGHT AND MANAGEMENT BOARD FOR PUERTO RICO, as representative of the Commonwealth of Puerto Rico et al., Debtors. In re: The Financial Oversight and Management Board for Puerto Rico, as representative of the Puerto Rico Electric Power Authority, Debtor. Unión de Trabajadores de La Industria Eléctrica y Riego, Inc., Ángel Figueroa-Jaramillo, as President of Unión de Trabajadores de La Industria Eléctrica y Riego, Inc., Freddyson Martínez-Estevez, Vice President of Unión de Trabajadores de La Industria Eléctrica y Riego, Inc., Ralphie Dominicci-Rivera, Waldo Rolón, and Ronald Vázquez, as Vice President of the Retirees Chapter of Unión de Trabajadores de La Industria Eléctrica Y Riego, Inc., Plaintiffs, v. Pedro R. Pierluisi-Urrutia, in his official capacity as Governor of the Commonwealth of Puerto Rico, Commonwealth of Puerto Rico, Puerto Rico Electric Power Authority, the Financial Oversight and Management Board for Puerto Rico, as representative of Puerto Rico Electric Power Authority, Ralph A. Kreil-Rivera, in his official capacity as the President of the Governing Board of the Puerto Rico Electric Power Authority, Efran Paredes-Maysonet, in his official capacity as Executive Director of Puerto Rico Electric Power Authority, Puerto Rico Public Private Partnership Authority, Fermín Fontánes-Gómez, in his official capacity as Executive Director of Puerto Rico Public Private Partnership Authority, Puerto Rico Fiscal Agency and Financial Advisory Authority, Omar J. Marrerodíaz, in his official capacity as Executive Director of Puerto Rico Fiscal Agency and Financial Advisory Authority, LUMA Energy, LLC, LUMA Energy, ServCo, LLC, and Wayne Stensby, in his official capacity as President and CEO of LUMA Energy, LLC and LUMA Energy ServCo, LLC., Defendants.

United States District Court, D. Puerto Rico.

Signed May 21, 2021.


Attorney(s) appearing for the Case

BUFETE EMMANUELLI C.S.P., By: Rolando Emmanuelli-Jiménez, Jessica Méndez-Colberg, 472 Tito Castro Ave., Marvesa Building, Suite 106, Ponce, Puerto Rico 00176, Counsel for UTIER, Ángel Figueroa-Jaramillo, Freddyson Martínez-Estevez, Ralphie Dominicci-Rivera, Waldo Rolón, and Ronald Vázquez.

MARINI PIETRANTONI MUÑIZ LLC, By: Luis C. Marini-Biaggi, 250 Ponce de León Avenue, Suite 900, San Juan, Puerto Rico 00918, Co-Counsel for Hon. PEDRO R. PIERLUISIURRUTIA, in his official capacity as Governor of the Commonwealth of Puerto Rico; COMMONWEALTH OF PUERTO RICO; PUERTO RICO PUBLIC PRIVATE PARTNERSHIP AUTHORITY; FERMÍN FONTANÉS GÓMEZ, in his official capacity as Executive Director of PUERTO RICO PUBLIC PRIVATE PARTNERSHIP AUTHORITY; PUERTO RICO FISCAL AGENCY AND FINANCIAL ADVISORY AUTHORITY; and OMAR J. MARRERODÍAZ, in his official capacity as Executive Director of PUERTO RICO FISCAL AGENCY AND FINANCIAL ADVISORY AUTHORITY.

DÍAZ & VÁZQUEZ LAW FIRM, P.S.C., By: Katiuska Bolaños, 290 Jesús T. Piñero Ave., Oriental Tower, Suite 803, San Juan, PR 00918, PUERTO RICO ELECTRIC POWER AUTHORITY; RALPH A. KREIL-RIVERA, in his official capacity as the President of the Governing Board of the PUERTO RICO ELECTRIC POWER AUTHORITY; and EFRAN PAREDES-MAYSONET, in his official capacity as Executive Director of PUERTO RICO ELECTRIC POWER AUTHORITY.

O'MELVENY & MYERS LLP, By: John J. Rapisardo, Peter Friedman, Maria J. DiConza, 7 Times Square, New York, New York 10036 and Elizabeth L. McKeen, 610 Newport Center Drive, 17th Floor, Newport Beach, CA 92660 and Madhu Pocha, 1999 Avenue of the Stars, 8th Floor, Los Angeles, California 90067, Counsel for Hon. PEDRO R. PIERLUISIURRUTIA, in his official capacity as Governor of the Commonwealth of Puerto Rico; COMMONWEALTH OF PUERTO RICO; PUERTO RICO ELECTRIC POWER AUTHORITY; RALPH A. KREIL-RIVERA, in his official capacity as the President of the Governing Board of the PUERTO RICO ELECTRIC POWER AUTHORITY; EFRAN PAREDES-MAYSONET, in his official capacity as Executive Director of PUERTO RICO ELECTRIC POWER AUTHORITY; PUERTO RICO PUBLIC PRIVATE PARTNERSHIP AUTHORITY; FERMÍN FONTANÉS GÓMEZ, in his official capacity as Executive Director of PUERTO RICO PUBLIC PRIVATE PARTNERSHIP AUTHORITY; PUERTO RICO FISCAL AGENCY AND FINANCIAL ADVISORY AUTHORITY; and OMAR J. MARRERO DIAZ, in his official capacity as Executive Director of PUERTO RICO FISCAL AGENCY AND FINANCIAL ADVISORY AUTHORITY.

O'NEILL & BORGES LLC, By: Herman D. Bauer, 250 Munoz Rivera Ave., Suite 800, San Juan, PR 00918-1813, Attorneys for the Financial Oversight and Management Board as representative for PREPA.

PROSKAUER ROSE LLP, By: Martin J. Bienenstock, Paul V. Possinger, Ehud Barak, Margaret A. Dale, Jonathan E. Richman, Eleven Times Square, New York, NY 10036 and Timothy W. Mungovan, Laura E. Stafford, Elliot R. Stevens, One International Place, Boston, MA 02110 and Jennifer L. Jones, 2029 Century Park East, Suite 2400, Los Angeles, CA 90067-3010, Attorneys for the Financial Oversight and Management Board as representative for the Commonwealth and PREPA.

DLA PIPER LLP (US), By: Brett Ingerman, The Marbury Building, 6225 Smith Ave., Baltimore, MD 21209-3600 and Tomasita Sherer, 1251 Ave. of the Americas, 27th Fl., New York, NY 10020-1104 and Mariana Muniz Lara, Calle de la Tanca #500, Suite 401, San Juan, PR 00901-1969, Counsel for LUMA ENERGY, LLC; LUMA ENERGY, SERVCO, LLC; and WAYNE STENSBY.


PROMESA

Title III

MEMORANDUM OPINION AND ORDER DENYING MOTION FOR PRELIMINARY INJUNCTION TO ENJOIN THE EXECUTION OF THE O&M AGREEMENT

This matter is before the Court on the Motion for Preliminary Injunction to Enjoin the Execution of the O&M Agreement...

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