BAKER 

&

HOSTETLER LLP

ATTORNEYS AT LAW

SAN FRANCISCO

 

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Case: 19-30088 Doc# 3623-1 Filed: 08/20/19 Entered: 08/20/19 17:05:25 Page 1

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BAKER &

HOSTETLER LLP

ATTORNEYS AT LAW

SAN FRANCISCO

1

Robert A. Julian (SBN 88469)

Cecily A. Dumas (SBN 111449)

BAKER & HOSTETLER LLP

1160 Battery Street, Suite 100

San Francisco, CA 94111

Telephone: 628.208.6434

Facsimile: 310.820.8859

Email: rjulian@bakerlaw.com

Email: cdumas@bakerlaw.com

Eric E. Sagerman (SBN 155496)

Lauren T. Attard (SBN 320898)

BAKER & HOSTETLER LLP

11601 Wilshire Blvd., Suite 1400

Los Angeles, CA 90025-0509

Telephone: 310.820.8800

Facsimile: 310.820.8859

Email: esagerman@bakerlaw.com

Email: lattard@bakerlaw.com

Counsel to the Official Committee of Tort Claimants

UNITED STATES BANKRUPTCY COURT

NORTHERN DISTRICT OF CALIFORNIA

SAN FRANCISCO DIVISION

In re:

PG&E CORPORATION

-andPACIFIC GAS AND ELECTRIC 

COMPANY,

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)

Bankruptcy Case 

No. 19-30088 (DM)

Chapter 11

(Lead Case)

(Jointly Administered)

ORDER DETERMINING 

PROCEDURES FOR PRESERVING 

JURY TRIAL RIGHTS

Case: 19-30088 Doc# 3623-1 Filed: 08/20/19 Entered: 08/20/19 17:05:25 Page 2

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ATTORNEYS AT LAW

SAN FRANCISCO

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Upon the Motion (the “Motion”), dated August 8, 2019,1 of the TCC to determine the 

procedures for individual tort claimants to preserve their jury trial rights; this Court having 

jurisdiction to consider the Motion and relief requested therein pursuant to 28 U.S.C. §§ 157 and 

1334, and the Order Referring Bankruptcy Cases and Proceedings to Bankruptcy Judges, District 

Court General Order 24, and Rule 5011-1(a) of the Bankruptcy Local Rules; and venue being 

proper before this Court pursuant to 28 U.S.C. §§ 1408 and 1409; and the Court having found and 

determined that notice of the Motion as provided to the parties listed therein is reasonable and 

sufficient under the circumstances, and it appearing that no other or further notice need be 

provided; and this Court having reviewed the Motion; and upon consideration of the declaration 

of Frank M. Pitre submitted in support of the Motion; and this Court having held a hearing on the 

Motion; and this Court having determined that the legal and factual bases set forth in the Motion 

establish just cause for the relief granted herein; and this Court having found and determined that 

the relief sought in the Motion is in the best interests of the stakeholders of the Debtors, and after 

due deliberation and sufficient cause appearing therefor:

IT IS HEREBY ORDERED THAT:

1. The Motion is GRANTED to the extent provided herein.

2. Pursuant to Civil Rules 7 and 38, Bankruptcy Rule 9015, Bankruptcy Local Rule 

9015-2(d), 28 U.S.C. §§ 157(b) and 1411(a) and 11 U.S.C. § 105(a): 

a. A personal injury or wrongful death claimant against the Debtors does not 

waive any rights the claimant may possess to a jury trial by (i) filing a 

proof of claim in these Chapter 11 Cases, or (ii) submitting information to 

the BrownGreer database created as part of the Judicial Council 

Coordination Proceedings in state court;

b. No jury demand under the Civil Rules or Bankruptcy Rules or otherwise, 

or motion under Local Rule 9015-2(d), is required until such time as the 

Court specifies such a requirement in a future Order; provided, however, 

the Court’s Order will provide at least 40 days’ notice of the date on which 

 1 Capitalized terms used but not defined herein shall have the meaning ascribed to them in the Motion.

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ATTORNEYS AT LAW

SAN FRANCISCO

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the claimant is required to make a jury trial demand, or a motion under 

Local Rule 9015-2(d).

3. For the avoidance of doubt, this Order does not (i) determine any party-ininterest’s rights to a jury trial against the Debtors, (ii) prohibit a party-in-interest from making a 

jury demand under the Civil Rules or Bankruptcy Rules or otherwise, or filing a motion under 

Local Rule 9015-2(d), to protect the party’s rights, (iii) prevent the Debtors from contending that 

no jury rights exist, or (iv) impact the Court’s authority or jurisdiction to estimate personal injury 

or wrongful death claims.

** END OF ORDER **

APPROVED AS TO FORM AND CONTENT: 

BAKER & HOSTETLER LLP WEIL, GOTSHAL & MANGES LLP

/s/ Robert A. Julian /s/ Theodore E. Tsekerides

Robert A. Julian

Counsel for Official Committee of Tort 

Claimants

Theodore E. Tsekerides

Counsel for the Debtors and Debtors in 

Possession

Case: 19-30088 Doc# 3623-1 Filed: 08/20/19 Entered: 08/20/19 17:05:25 Page 4

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