IN RE FINANCIAL OVERSIGHT AND MANAGEMENT BD.

No. 20-1797.

16 F.4th 954 (2021)

IN RE: The FINANCIAL OVERSIGHT AND MANAGEMENT BOARD for Puerto Rico, as Representative for the Commonwealth of Puerto Rico; The Financial Oversight and Management Board for Puerto Rico, as Representative for the Puerto Rico Highways and Transportation Authority; The Financial Oversight and Management Board for Puerto Rico, as Representative for the Puerto Rico Electric Power Authority (PREPA); The Financial Oversight and Management Board for Puerto Rico, as Representative for the Puerto Rico Sales Tax Financing Corporation, a/k/a Cofina; The Financial Oversight and Management Board for Puerto Rico, as Representative for the Employees Retirement System of the Government of the Commonwealth of Puerto Rico; The Financial Oversight and Management Board for Puerto Rico, as Representative of the Puerto Rico Public Buildings Authority, Debtors. Jose Ramon Rivera-Rivera, President, Fiduciary, and Trustee of the Board of Trustees of the Electric Power Authority's Employees' Retirement System; Sistema de Retiro de los Empleados de la Autoridad de Energia Electrica, (SREAEE); Board of Trustees of the Puerto Rico Electric Power Authority Employees' Retirement System; Ralphie E. Dominicci Rivera; Angel R. Figueroa-Jaramillo; Juan Carlos Adrover; Sammy Rodriguez; Alvin Roman; Ernesto Zayas Lopez, a/k/a Erasto Zayas Lopez, Plaintiffs, Appellants, v. The Financial Oversight and Management Board for Puerto Rico, as Representative for the Commonwealth of Puerto Rico; The Financial Oversight and Management Board for Puerto Rico, as Representative for the Puerto Rico Electric Power Authority (PREPA); Fernando Gil Enseat; Carlos M. Yamin-Rivera; Robert Poe; Charles Bayless; David K. Owens; Ralph A. Kreil; Gerardo Loran-Butron; Tomas Torres-Placa; Pedro R. Pierluisi, Defendants, Appellees, Puerto Rico Fiscal Agency and Financial Advisory Authority, Interested Party, Appellee, Ernesto Sgroi Hernandez; Ricardo Rossello Nevares; Christian Sobrino-Vega, Defendants.

United States Court of Appeals, First Circuit.

October 27, 2021.


Attorney(s) appearing for the Case

Guillermo J. Ramos-Luiña , with whom Rafael A. Ortiz-Mendoza , Rolando Emmanuelli-Jiménez , Jessica E. Méndez-Colberg , Wendloyn Torres-Rivera , and Bufete Emmanuelli, C.S.P. were on brief, for appellants.

William J. Shushon , with whom Peter M. Friedman , John J. Rapisardi , and O'Melveny & Myers LLP were on brief, for interested party-appellee the Puerto Rico Fiscal Agency and Advisory Authority.

Lary Alan Rappaport , with whom Martin J. Bienenstock , Ehud Barak , Mark D. Harris , Paul V. Possinger , Timothy W. Mungovan , John E. Roberts , and Proskauer Rose LLP were on brief, for appellee Fiscal Oversight and Management Board for Puerto Rico as representative of the Commonwealth of Puerto Rico and the Puerto Rico Electric Power Authority.

Carlos Lugo-Fiol was on brief for appellee Governor of Puerto Rico Pedro Pierluisi.

Katiuska Bolaños Lugo , with whom Díaz & Vázquez Law Firm, P.S.C. was on brief, for appellees Robert Poe, Charles Bayless, David K. Owens, Ralph A. Kreil, Gerardo Lorán-Butrón, and Tomás Torres-Placa.

Before KAYATTA and BARRON, Circuit Judges, and O'TOOLE, JR., District Judge.


This case concerns a request for declaratory relief in relation to a now-expired and formally rescinded executive order that the Governor of Puerto Rico issued in connection with the effort to address the Commonwealth's ongoing fiscal crisis. The order, among other things, temporarily appointed members to the Board of Trustees...

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