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DIEMER & WEI, LLP

Kathryn S. Diemer (#133977)

100 West San Fernando Street, Suite 555

San Jose, CA 95113

Telephone: 408-971-6270 

Facsimile: 408-971-6271

Email: kdiemer@diemerwei.com

WILLKIE FARR & GALLAGHER LLP

Matthew A. Feldman (pro hac vice)

Joseph G. Minias (pro hac vice)

Daniel I. Forman (pro hac vice)

787 Seventh Avenue

New York, NY 10019-6099

Telephone: (212) 728-8000

Facsimile: (212) 728-8111

Email: mfeldman@willkie.com

jminias@willkie.com

dforman@willkie.com

Counsel for Ad Hoc Group of Subrogation Claim Holders

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)

Chapter 11 

Bankr. Case No. 19-30088 (DM)

(Jointly Administered)

MOTION OF THE AD HOC GROUP OF 

SUBROGATION CLAIM HOLDERS 

PURSUANT TO 11 U.S.C. §§ 105(a), 107(b) 

AND 501 AND FED. R. BANKR. P. 3001(a) 

AND 9018 FOR ENTRY OF AN ORDER 

APPROVING PROPOSED MODEL 

OMNIBUS INSURANCE SUBROGATION

PROOF OF CLAIM FORM FOR 

SUBROGATION CLAIMS AND 

RELATED PROCEDURES

Hearing Date: June 11, 2019

Hearing Time: 9:30 a.m. (PT)

Hearing Location: 450 Golden Gate Ave., 

San Francisco, CA, Courtroom 17

Judge: Hon. Dennis Montali

Objection Deadline: May 28, 2019

Case: 19-30088 Doc# 2044 Filed: 05/16/19 Entered: 05/16/19 12:49:07 Page 1 of

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1. The Ad Hoc Group of Subrogation Claim Holders1(the “Ad Hoc Subrogation 

Group”) hereby submits this Motion (the “Motion”),2pursuant to sections 105(a), 107(b) and 

501 of title 11 of the United States Code (the “Bankruptcy Code”) and Rules 3001(a) and 9018

of the Federal Rules of Bankruptcy Procedure (the “Bankruptcy Rules”), for entry of an order 

approving the proposed model Omnibus Insurance Subrogation Proof of Claim Form (attached 

hereto as Exhibit A, the “Subrogation Group’s Form”) for holders of insurance subrogation3

claims (“Subrogation Claims”) and related procedures. A proposed form of order granting the 

relief requested herein is attached hereto as Exhibit B (the “Proposed Order”).

2. On May 1, 2019, the Debtors filed a motion for entry of an order, among other 

things, establishing a proof of claim form for Subrogation Claims [Docket No. 1784] (the 

“Debtors’ Motion”). Though superficially similar to the Subrogation Group’s Form proposed 

by this Motion, the Debtors’ proposed form uses terminology that will likely confuse holders of 

Subrogation Claims, and asks for information that is (a) unnecessary and irrelevant to allege a 

claim against the estates and/or (b) unduly burdensome for claimants to collect and report. The 

Ad Hoc Subrogation Group is filing an objection to the Debtors’ Motion contemporaneously 

herewith, which describes these issues in detail. In short, there is a long history of information 

exchanged between holders of Subrogation Claims and utilities (including PG&E). The claim 

form should request the same information that subrogation claim holders have historically 

exchanged with defendants. Accordingly, the Ad Hoc Subrogation Group re-drafted the 

proposed form to be less confusing for its intended audience and conform to past practice. This 

Motion asks the Court to approve the attached Subrogation Group’s Form and order the Debtors 

 

1 The Ad Hoc Subrogation Group’s membership and collective holdings of claims and interests are disclosed 

in the First Amended Verified Statement of the Ad Hoc Group of Subrogation Claims Holders Pursuant to 

Bankruptcy Rule 9019 [Docket No. 1482].

2 Contemporaneously herewith the Ad Hoc Subrogation Group is filing an accompanying memorandum of 

law in support of the relief requested herein.

3 The use of the shorthand descriptive term “subrogation” herein is not intended to modify or limit the 

substantive rights of the holder of claims or the basis for the claimant’s right to assert claims originating 

with insured tort victims. These “subrogation” claims include, but are not limited to, claims that arise from 

subrogation (whether such subrogation is contractual, equitable or statutory), assignment (whether such 

assignment is contractual, equitable or statutory), or otherwise in connection with payments made or to be 

made by the applicable insurer to insured tort victims, and whether arising as a matter of state or federal 

law, including, without limitation, Section 509 of the Bankruptcy Code. 

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to make it available to those that intend to assert Subrogation Claims against the estates prior to 

the bar date.

3. The Ad Hoc Subrogation Group proposes the Court order the following 

procedure: Prime Clerk will modify the website maintained for the Debtors’ chapter 11 cases 

located at https://restructuring.primeclerk.com/pge/ so that (i) the Subrogation Group’s Form is 

publicly accessible, (ii) the webpage associated with the link entitled “Submit a Claim” is 

modified so that potential Subrogation Claimants that choose to file a proof of claim form for 

Subrogation Claims are directed to, and can, complete the Subrogation Group’s Form, and (iii) 

the supporting information submitted in connection with the Subrogation Group’s Form is 

maintained in a confidential manner. 

4. In addition, the Subrogation Group’s Form asks for the submission of supporting 

information that may be commercially sensitive and/or implicates individual tort victims’ 

personal privacy. Accordingly, the Ad Hoc Subrogation Group requests, pursuant to section 

107(b) of the Bankruptcy Code and Bankruptcy Rule 9018, that the supporting information

submitted in connection with the Subrogation Group’s Form be sealed, remain confidential in 

these chapter 11 cases, and not become part of the public record. Copies of such information 

may be provided to: (a) the Court, the Debtors, and the Office of the United States Trustee; and 

(b) counsel for any official committees in these cases on a professional eyes’ only basis.

Dated: May 16, 2019

Counsel to Ad Hoc Group of Subrogation Claim Holders

WILLKIE FARR & GALLAGHER LLP

/s/ Matthew A. Feldman

Matthew A. Feldman (pro hac vice)

Joseph G. Minias (pro hac vice)

Daniel I. Forman (pro hac vice)

Case: 19-30088 Doc# 2044 Filed: 05/16/19 Entered: 05/16/19 12:49:07 Page 3 of

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