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WEIL, GOTSHAL & MANGES LLP 

Richard W. Slack (pro hac vice) 

(richard.slack@weil.com) 

Jessica Liou (pro hac vice) 

(jessica.liou@weil.com) 

Matthew Goren (pro hac vice) 

(matthew.goren@weil.com) 

767 Fifth Avenue 

New York, NY 10153-0119 

Tel: 212 310 8000 

Fax: 212 310 8007 

KELLER BENVENUTTI KIM LLP 

Jane Kim (#298192) 

(jkim@kbkllp.com) 

David A. Taylor (#247433) 

(dtaylor@kbkllp.com) 

Thomas B. Rupp (#278041) 

(trupp@kbkllp.com) 

650 California Street, Suite 1900 

San Francisco, CA 94108 

Tel: 415 496 6723 

Fax: 650 636 9251 

Attorneys for Debtors and Reorganized 

Debtors 

UNITED STATES BANKRUPTCY COURT 

NORTHERN DISTRICT OF CALIFORNIA 

SAN FRANCISCO DIVISION 

In re: 

PG&E CORPORATION,

 - and - 

PACIFIC GAS AND ELECTRIC 

COMPANY,

Bankruptcy Case No. 19-30088 (DM) 

Chapter 11 

(Lead Case) (Jointly Administered) 

DECLARATION OF KEITH E. EGGLETON IN 

SUPPORT OF REORGANIZED DEBTORS’ 

OMNIBUS MOTION TO ENFORCE THE 

DISCHARGE AND INJUNCTION PROVISIONS OF 

PLAN AND CONFIRMATION ORDER AGAINST 

CERTAIN PENDING ACTIONS 

Date: May 24, 2023 

Time: 10:00 a.m. (Pacific Time) 

Place: (Tele/Videoconference Only)

 United States Bankruptcy Court 

 Courtroom 17, 16th Floor 

 San Francisco, CA 94102 

Objection Deadline: 

May 10, 2023, 4:00 pm (Pacific Time)

Debtors.

 Affects PG&E Corporation 

 Affects Pacific Gas and Electric 

Company 

 Affects both Debtors 

* All papers shall be filed in the Lead 

Case, No. 19-30088 (DM). 

Case: 19-30088 Doc# 13686 Filed: 04/26/23 Entered: 04/26/23 16:41:19 Page 1

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I, Keith E. Eggleton, pursuant to section 1746 of title 28 of the United States Code, hereby 

declare under penalty of perjury that the following is true and correct to the best of my knowledge, 

information, and belief: 

1. I am a member of Wilson Sonsini Goodrich & Rosati, P.C. (“WSGR”), counsel 

for Pacific Gas and Electric Company and PG&E Corporation (together, the “Debtors” or as reorganized 

pursuant to the Plan, the “Reorganized Debtors”) as defendants in a number of California state court 

actions relating to the 2017 North Bay Fires and 2018 Camp Fire. I am licensed to practice law in the 

State of California and am admitted to practice before this Court. 

2. I am authorized to submit this Declaration (the “Declaration”) on behalf of the 

Reorganized Debtors in support of the Reorganized Debtors’ Omnibus Motion to Enforce the Discharge 

and Injunction Provisions of Plan and Confirmation Order Against Certain Pending Actions

(the “Motion”),1 filed contemporaneously herewith. The Motion requests entry of an order (i) enforcing 

the discharge and injunction provisions of the Plan and the Confirmation Order to prohibit the State 

Court Plaintiffs from continuing to prosecute any Fire Victim Claims against the Debtors or Reorganized 

Debtors in the Pending Actions; (ii) permitting the Reorganized Debtors to seek sanctions in the event a 

State Court Plaintiff fails to dismiss a Pending Action in accordance with the Proposed Order; and 

(iii) permitting the Reorganized Debtors, upon entry of the Proposed Order, to file the Enforcement 

Order Notice in each Pending Action, which notice would include a description of the Proposed Order 

and reserve the Reorganized Debtors’ right to seek sanctions. The facts set forth in this Declaration are 

based upon my personal knowledge and my review of relevant documents. If called upon to testify, I 

would testify competently to the facts set forth in this Declaration. 

3. After entry of the Confirmation Order, the Reorganized Debtors through the work 

of my firm at my direction undertook a review of the known active litigations against the Debtors to 

identify litigations where, inter alia, (i) the parties were asserting Fire Victim Claims against the Debtors, 

and (ii) the litigation remained pending and had not been dismissed against Debtors. 

1

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

the Motion. 

Case: 19-30088 Doc# 13686 Filed: 04/26/23 Entered: 04/26/23 16:41:19 Page 2

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4. The vast majority of the approximately 900 cases related to the 2017 North Bay 

Fires and approximately 200 cases related to the 2018 Camp Fire have already been dismissed. Included 

among the dismissals are the 559 cases that were coordinated in the complex department of the San 

Francisco Superior Court, which were dismissed on January 20, 2021, by the Honorable Andrew Y.S. 

Cheng, pursuant to the injunction provision contained in Section 10.7 of the Plan (the “Channeling 

Injunction”). A true and correct copy of this dismissal order is attached hereto as Exhibit A. 

5. With respect to the non-coordinated cases related to the 2017 North Bay Fires and 

the cases related to the 2018 Camp Fire, law firms have filed over 500 voluntary dismissals. I am aware 

of nineteen actions that remain pending and that are the subjects of this Motion: eleven actions related 

to the 2017 North Bay Fires and eight actions related to the 2018 Camp Fire. 

6. Following the review described above and through the work of my firm at my 

direction, the Reorganized Debtors made a good faith determination that the State Court Plaintiffs 

identified in Exhibit 2 to the Motion have asserted Fire Victim Claims against the Debtors and have been 

unwilling or reluctant to dismiss those actions notwithstanding the imposition of the Channeling 

Injunction. 

7. In addition, members of my team have sent correspondence by email, including 

in a form substantially similar to those attached as Exhibit 4 to the Motion, to counsel for the State Court 

Plaintiffs in eighteen of the nineteen remaining actions and have followed up to provide an opportunity 

for the State Court Plaintiffs in those actions to comply with the terms of the Channeling Injunction. 

Additional efforts by my team on behalf of the Reorganized Debtors in those eighteen cases included: 

drafting a voluntary dismissal form for counsel to a State Court Plaintiff; offering to file a signed 

voluntary dismissal form with authorization from a State Court Plaintiff’s counsel; and multiple emails 

(and sometimes telephone calls) following up with counsel for the State Court Plaintiffs. 

8. The nineteenth case is Sims v. Pacific Gas & Electric Co., pending in Butte 

County Superior Court. Counsel for the plaintiffs in the Sims case (Jane Luciano) is also counsel for 

plaintiff in Gardner v. Pacific Gas & Electric Co. – listed in Exhibit 2 to the Motion and one of the 

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eighteen cases in which the correspondence described in Paragraph 7 above was sent. 

9. On April 19, 2023, the Butte County Superior Court held a case management 

conference in six of the remaining actions relating to the 2018 Camp Fire, including the Sims and 

Gardner cases. In connection with those conferences, Ms. Luciano filed case management statements 

in the Sims and Gardner cases stating that: “Plaintiff[s] [Sims/Gardner] intend to pursue their case for 

punitive damages despite threats from Wilson Sonsini demanding that the claim against it be dismissed. 

Punitive damages are not dischargeable in bankruptcy.” True and correct copies of the statements filed 

by Ms. Luciano in the Sims and Gardner cases are attached hereto as Exhibit B. 

10. At the case management conferences, the Butte County Superior Court continued 

the conferences to August 23, 2023. The court indicated that the Reorganized Debtors could file motions 

to dismiss the cases. I informed the court that the Reorganized Debtors would likely file this Motion to 

address all outstanding actions. 

11. Although this Declaration does not attach each of the complaints or other 

pleadings that reflect the claims for Fire Victim Claims, nor the letters and other correspondence 

reflecting the efforts of the Reorganized Debtors and their counsel to provide notice and opportunity for 

the State Court Plaintiffs to comply with the Channeling Injunction, the Reorganized Debtors are 

prepared to promptly provide these materials if requested to do so by the Court. 

Pursuant to 28 U.S.C. § 1746, I declare under the penalty of perjury, that the foregoing is true 

and correct to the best of my knowledge, information, and belief. 

Dated: April 26, 2023 

Palo Alto, California 

/s/Keith E. Eggleton____________ 

Keith E. Eggleton 

Case: 19-30088 Doc# 13686 Filed: 04/26/23 Entered: 04/26/23 16:41:19 Page 4

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