1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

BAKER 

&

HOSTETLER LLP

ATTORNEYS AT LAW

SAN FRANCISCO

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 Boulevard

Suite 1400

Los Angeles, CA 90025

Telephone: 310.820.8800

Facsimile: 310.820.8859

Email: esagerman@bakerlaw.com

Email: lattard@bakerlaw.com

Counsel for 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

Case No. 19-30088 (DM)

Chapter 11

(Lead Case)

(Jointly Administered)

□ 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)

MOTION OF THE OFFICIAL 

COMMITTEE OF TORT CLAIMANTS 

FOR ENTRY OF AN ORDER 

AUTHORIZING THE FILING UNDER 

SEAL OF A REPLY IN SUPPORT OF 

MOTION OF THE OFFICIAL 

COMMITTEE OF TORT CLAIMANTS 

TO COMPEL PRODUCTION OF 

THIRD-PARTY CONTRACTOR 

DOCUMENTS

Date: August 27, 2019

Time: 9:30 a.m. (Pacific Time)

Place: United States Bankruptcy Court

Courtroom 17, 16th Floor

San Francisco, CA 94102

Case: 19-30088 Doc# 3626 Filed: 08/20/19 Entered: 08/20/19 19:48:11 Page 1 of

4
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

BAKER 

&

HOSTETLER LLP

ATTORNEYS AT LAW

SAN FRANCISCO

- 2 -

The Official Committee of Tort Claimants (the “TCC”), by and through its undersigned 

counsel, hereby submits this motion (“Sealing Motion”) pursuant to sections 105(a) and 107(b) of 

title 11 of the United States Code (the “Bankruptcy Code”), Rule 9018 of the Federal Rules of 

Bankruptcy Procedure (the “Bankruptcy Rules”), Rule 1001-2(a) of the Bankruptcy Local Rules 

for the United States District Court for the Northern District of California (the “Bankruptcy Local 

Rules”) and the New District Wide Procedures for Electronically Filing Sealed and Redacted 

Documents adopted by the United States Bankruptcy Court for the Northern District of California 

(the “Local Procedures”) for entry of an order authorizing the TCC to file under seal its Reply in 

Support of Its Motion to Compel (the “Reply”) and all accompanying exhibits.

In support of this Motion, the TCC submits the Declaration of Kody D. L. Kleber filed 

contemporaneously herewith. A proposed form of order granting the relief requested herein is 

annexed as Exhibit A. 

MEMORANDUM AND POINTS OF AUTHORITIES

I. JURISDICTION

The Court has jurisdiction to consider this matter pursuant to 28 U.S.C. §§ 157 and 1334. Venue 

is proper under 28 U.S.C. §§ 1408 and 1409. This Sealing Motion is a core proceeding under 28 

U.S.C. § 157(b)(2).

II. BACKGROUND

On July 25, 2019, the TCC filed a Motion to Compel Production of Third-Party Contractor 

Documents [Docket No. 3205] (the “Motion”). On August 13, 2019, PG&E Corporation and 

Pacific Gas & Electric Company (collectively, the “Debtors”) filed objections to the Motion 

[Docket No. 3535] (“Objections”). The TCC has prepared a Reply to the Debtors’ objections. The 

Reply contains several citations to documents designated as confidential under the Confidentiality 

and Protective Order [Docket No. 2807-1] (the “Protective Order”). The confidentiallydesignated documents are attached to the Reply. The Protective Order states that without written 

permission, a party may not file in the public record any protected material. See Protective Order 

at Section 7.5. As of the time of the filing of the Reply, the TCC has not received permission from 

the Debtors to publicly file the motion. The Debtors have also not agreed, as of the time of the filing 

Case: 19-30088 Doc# 3626 Filed: 08/20/19 Entered: 08/20/19 19:48:11 Page 2 of

4
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

BAKER 

&

HOSTETLER LLP

ATTORNEYS AT LAW

SAN FRANCISCO

- 3 -

of the Reply, to waive confidential designations to the confidential documents referenced in the 

Reply.

III. BASIS FOR RELIEF REQUESTED

Section 105(a) of the Bankruptcy Code allows a court to “issue any order . . . that is 

necessary or appropriate to carry out the provisions of the title.” 11 U.S.C. § 105(a). Section 107(b) 

further provides that a court may “protect any entity with respect to a trade secret or confidential 

research, development, or commercial information.” 11 U.S.C. § 107(b). To seek protection under 

107(b), a party only needs to show “that the information it [seeks] to seal [is] ‘confidential’ and 

‘commercial’ in nature.” Video Software Dealers Ass’n v. Orion Pictures Corp., 21 F.3d 24, 27 (2d 

Cir. 1994).

The Bankruptcy Rules similarly authorize the Court to “make any order which justice 

requires (1) to protect the estate or any entity in respect of a trade secret or other confidential 

research, development, or commercial information.” Bankruptcy Rule 9018.

Finally, Local Procedures require that a request for seal is narrowly tailored to sealable 

materials. New District Wide Procedures for Electronically Filing Sealed and Redacted 

Documents.

In order to adequately reply to Debtors’ Objection to the TCC’s Motion, the TCC’s Reply 

includes specific deficiencies and references to text found in particular documents produced by the 

Debtors. The Debtors marked these documents as “Contractor Confidential.” Because the Reply 

contains confidential information, according to the Debtors, the Reply falls within the scope of 

section 107(b), and this Court should grant the TCC’s request.

IV. NOTICE

Notice of this motion is being provided in accordance with the Second Amended Order 

Implementing Certain Notice and Case Management Procedures, entered on May 14, 2019 [Docket 

No. 1996]. 

WHEREFORE, the TCC respectfully requests that the Court grant the Sealing Motion and 

allow the TCC to file under seal the Reply and the accompanying attachments. 

Case: 19-30088 Doc# 3626 Filed: 08/20/19 Entered: 08/20/19 19:48:11 Page 3 of

4
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

BAKER 

&

HOSTETLER LLP

ATTORNEYS AT LAW

SAN FRANCISCO

- 4 -

Dated: August 20, 2019

BAKER & HOSTETLER LLP

By: /s/ Kody D.L. Kleber

Kody D. L. Kleber

Admitted Pro Hac Vice

Attorneys for The Official Committee of Tort 

Claimant

Case: 19-30088 Doc# 3626 Filed: 08/20/19 Entered: 08/20/19 19:48:11 Page 4 of

4