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28 Weil, Gotshal & Manges LLP 767 Fifth Avenue New York, NY 10153-0119

WEIL, GOTSHAL & MANGES LLP 

Stephen Karotkin (pro hac vice) 

(stephen.karotkin@weil.com) 

Ray C. Schrock, P.C. (pro hac vice) 

(ray.schrock@weil.com) 

Theodore Tsekerides (pro hac vice) 

(theodore.tsekerides@weil.com) 

Jessica Liou (pro hac vice) 

(jessica.liou@weil.com) 

Matthew Goren (pro hac vice) 

(matthew.goren@weil.com) 

New York, NY 10153-0119 

Tel: (212) 310-8000 

Fax: (212) 310-8007 

KELLER & BENVENUTTI LLP 

Tobias S. Keller (#151445) 

(tkeller@kellerbenvenutti.com) 

Peter J. Benvenutti (#60566) 

(pbenvenutti@kellerbenvenutti.com) 

Jane Kim (#298192) 

(jkim@kellerbenvenutti.com) 

650 California Street, Suite 1900 

San Francisco, CA 94108 

Tel: (415) 496-6723 

Fax: (415) 636-9251 

Attorneys for Debtors and Debtors in Possession 

UNITED STATES BANKRUPTCY COURT 

NORTHERN DISTRICT OF CALIFORNIA 

SAN FRANCISCO DIVISION 

In re:

PG&E CORPORATION, 

 - and - 

Bankruptcy Case 

No. 19-30088 (DM) 

Chapter 11 

(Lead Case) (Jointly Administered) 

STIPULATION BETWEEN DEBTORS 

AND DAN CLARKE FOR LIMITED 

RELIEF FROM THE AUTOMATIC STAY

Re: Dkt. Nos. 2823 

Cont’d Hearing Date: July 31, 2019 

 9:30 am 

PACIFIC 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) 

Case: 19-30088 Doc# 3113 Filed: 07/19/19 Entered: 07/19/19 20:13:39 Page 1 of

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 Weil, Gotshal & Manges LLP 767 Fifth Avenue New York, NY 10153-0119

This stipulation and agreement for order (“Stipulation and Agreement for Order”) is 

entered into by PG&E Corporation and Pacific Gas and Electric Company, as debtors and 

debtors in possession (collectively, the “Debtors”), on the one hand, and Dan Clarke (“Clarke”), 

on the other. The Debtors and Clarke are referred to in this Stipulation and Agreement for Order 

collectively as the “Parties,” and each as a “Party.” The Parties hereby stipulate and agree as 

follows: 

RECITALS 

A. On June 19, 2019, Clarke filed the Motion for Relief from the Automatic Stay

[Dkt. No. 2823] (the “Motion”). 

B. Clarke seeks relief from the automatic stay to continue with the litigation of 

Clarke’s pending claims against the Debtors in the civil case pending before the United States 

District Court for the Northern District of California (“District Court”), styled San Francisco 

Herring Association and Dan Clarke vs. Pacific Gas and Electric Company; PG&E 

Corporation, Case No. 14-cv-04393 WHO (JCS) (the “USDC Case”). Except as provided in 

this Stipulation, the Debtors oppose Clarke’s request for relief from the automatic stay. 

C. On November 20, 2018, the Debtors filed a motion for summary judgment (the 

“MSJ”), seeking adjudication in their favor on all of Clarke’s pending claims. At the hearing on 

the MSJ on January 9, 2019, the District Court provided its tentative ruling from the bench, 

heard oral argument, and took the MSJ under submission. 

D. As of January 29, 2019, when the Debtors filed their chapter 11 petitions, the 

District Court had not ruled on the MSJ. A notice of stay was filed on February 6, 2019, and on 

February 11, 2019, the District Court entered an order administratively closing the case. 

NOW, THEREFORE, IT HEREBY IS STIPULATED AND AGREED BY AND 

BETWEEN THE PARTIES, THROUGH THE UNDERSIGNED, AND THE PARTIES 

JOINTLY REQUEST THE COURT TO ORDER, THAT:

1. This Stipulation and Agreement for Order shall be effective upon entry of 

an order by this Court approving it. 

Case: 19-30088 Doc# 3113 Filed: 07/19/19 Entered: 07/19/19 20:13:39 Page 2 of

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 Weil, Gotshal & Manges LLP 767 Fifth Avenue New York, NY 10153-0119

2. The automatic stay will be modified solely to enable the District Court to 

issue a decision on the Debtors’ pending MSJ in the USDC Case and to enter an order consistent 

with that decision. 

3. The automatic stay will remain in effect for all other purposes and as to all 

other proceedings in the USDC Case. 

4. Upon entry of an order on the Debtors’ MSJ in the USDC Case, Clarke has 

the right to seek further relief from the automatic stay as to any or all further proceedings in the 

USDC Case by motion or by stipulation, and the Debtors have the right to oppose such relief, in 

both instances on any available grounds. 

Dated: July 19, 2019 Dated: July 19, 2019

KELLER & BENVENUTTI LLP BELVEDERE LEGAL PC 

/s/ Peter J. Benvenutti /s/ Matthew D. Metzger

Peter J. Benvenutti

Attorneys for Debtors 

and Debtors in Possession

Matthew D. Metzger

Attorneys for Dan Clarke

Case: 19-30088 Doc# 3113 Filed: 07/19/19 Entered: 07/19/19 20:13:39 Page 3 of

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