EXHIBIT E

Case: 19-30088 Doc# 3436-5 Filed: 08/07/19 Entered: 08/07/19 16:13:52 Page 1

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MICHAEL A. KELLY (SB #71460) 

mkelly@walkuplawoffice.com 

KHALDOUN A. BAGHDAD! (SB #190111) 

kbaghdadi@walkuplawoffice.com 

WALKUP, MELODIA, KELLY & 

SCHOENBERGER 

650 California Street, 26th Floor 

San Francisco, CA 94108 

Telephone: (415) 981-7210 

FRANK M. PITRE (SBN I 00077) 

fpitre@cpmlegal.com 

ALISON E. CORDOVA (SBN 284942) 

acordova@cpmlegal.com 

COTCHETT, PITRE & McCARTHY 

San Francisco Airport Office Center 

840 Malcolm Road, Suite 200 

Burlingame, CA 94010 

Telephone: (650) 697-6000 

STEVEN SKIKOS (SB #148110) 

sskikos@skikos.com 

SKIKOS, CRAWFORD, ET AL. 

1 Sansome Street, Ste 2830 

San Francisco, CA 94104 

Telephone: (415) 546-7300 

ON BEHALF OF DIRECT PLAINTIFFS 

Dre '), k, V I 

EVAN R. CHESLER (pro hac vice) 

echesler@cravath.com 

TIMOTHY G. CAMERON (pro hac vice) 

tcameron@cravath.com 

KEVIN J. ORSINI (pro hac vice) 

korsini@cravath.com 

CRA VATH, SWAINE & MOORE LLP 

825 Eighth A venue 

New York, NY 10019 

Telephone: (212) 474-1000 

ON BEHALF OF DEFENDANTS 

CRAIG S. SIMON (SB #78158) 

csimon@bergerkahn.com 

BERGER KAHN, A Law Corporation 

1 Park Plaza, Suite 340 

Irvine, CA 92614 

Telephone: (949) 474-1880 

ON BEHALF OF SUBROGATION PLAINTIFFS 

SUPERIOR COURT OF THE STATE OF CALIFORNIA 

COUNTY OF SAN FRANCISCO 

18 Coordination Proceeding 

Special Title (Rule 3 .550) 

JCCP No. 4955 

[P~] CASE MANAGEMENT 

ORDER 5: COLLECTION AND 

PRODUCTION OF CASE 

MANAGEMENT ORDER COMPLIANCE 

INFORMATION AND SUBROGATION 

FILES 

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CALIFORNIA NORTH BAY FIRE CASES 

Assigned for All Purposes to: 

Hon. Curtis E.A. Karnow, Dept. 304 

This Case Management Order establishes the obligations of the Parties and their vendor, 

26 BrownGreer, PLC, to collect and organize case-specific information in a central repository in 

27 order to facilitate and track compliance with previously established Case Management Orders in 

28 this JCCP. 

[~] CASE MANAGEMENT ORDER 5: COLLECTION AND PRODUCTION OF CASE 

MANAGEMENT ORDER COMPLIANCE INFORMATION AND SUBROGATION FILES 

Case: 19-30088 Doc# 3436-5 Filed: 08/07/19 Entered: 08/07/19 16:13:52 Page 2

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I. PROCEDURE FOR IMPROVING THE TRACKING OF COMPLIANCE WITH 

CASE FILING REQUIREMENTS 

A. Application to All Cases and Counsel 

These provisions apply to any Individual Plaintiff whose case has been transferred to JCCP 

5 4955 as of the entry of this Order, and to any Individual Plaintiff whose case is transferred to 

6 JCCP 4955 after entry of this Order. 

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B. CMO 1 Requirements: Notice of Adoption/Short Form Complaint 

In order to track compliance with Case Management Orders, including CMO 1, the 

9 Individual Plaintiffs retained BrownGreer PLC ("BrownGreer") to manage and control all of the 

10 case-specific data relating to JCCP 4995. Under the supervision oflndividual Plaintiffs' Lead and 

11 Liaison counsel, BrownGreer has reviewed and uploaded all of the Notices of Adoption and Short 

12 Form Complaints into a database, referred to hereinafter as the BrownGreer Portal. 

13 In the interests of maintaining an orderly and complete list of Plaintiffs who have adopted 

14 the Master Complaint for the benefit of the Court, BrownGreer shall provide a Notice of Adoption 

15 Report to the Court on a regular basis, or upon request from the Court. This report will include the 

16 name of each plaintiff who has adopted the Master Complaint by virtue of serving an NOA or by 

17 filing an SFC, as well as: the name of the primary law firm representing the plaintiff; the fire or 

18 fires alleged to have caused injuries to the plaintiff or plaintiff household; the docket case number; 

19 and the NOA/SFC case number, hereinafter "Household Number''. 1 The provision of these Notice 

20 of Adoption Reports will not obviate, limit, or otherwise affect plaintiffs' pleading obligations 

21 under CMO 1. 

22 To assist lead counsel in tracking information pertaining to compliance with case filing 

23 requirements, going forward, any individual plaintiff who seeks to initiate litigation may do so 

24 initially through the BrownGreer Portal, which provides the means to submit basic individual 

25 plaintiff information as well as an interactive form for the preparation of an NOA or an SFC. The 

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27 1 Household Number will be used synonymously with the Notice of Adoption Complaint Number. 

28 This unique identifier will be used to capture the claims of all plaintiffs who file together under 

one NOA/SFC per CMO 1, including individuals2 as well as business entities. 

[P-R::ePe'SED] CASE MANAGEMENT ORDER 5: COLLECTION AND PRODUCTION OF CASE 

MANAGEMENT ORDER COMPLIANCE INFORMATION AND SUBROGATION FILES 

Case: 19-30088 Doc# 3436-5 Filed: 08/07/19 Entered: 08/07/19 16:13:52 Page 3

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BrownGreer Portal will also assign the Individual Plaintiff(s) with a Household Number, which 

2 shall be used on the SFC and NOA of the Master Complaint. 

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C. Amended Service Requirements for NOAs/SFCs 

The service requirements contained in CMO 1, which apply to service of SFCs and NO As 

5 are hereby amended to include the following. Each Direct Action Plaintiff who files and/or effects 

6 service of an SFC and/or NOA after entry of this Order shall concomitantly serve the SFC and/or 

7 NOA on BrownGreer by email to NBF _ Service@browngreer.com. 

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CASE MANAGEMENT ORDER TWO: LIABILITY DISCOVERY FROM 

INDIVIDUAL PLAINTIFFS 

Each individual plaintiff whose case is coordinated in JCCP 4995 and who has not 

11 provided CMO 2 responses to Plaintiffs' Liaison before entry of this Order shall complete and 

12 upload to the BrownGreer Portal the CMO 2 Questionnaire within 30 days of either the entry of 

13 this Order, or within 30 days of the entry of the order granting coordination of their case, 

14 whichever is later in time. BrownGreer shall present to the Defendants and to Individual Plaintiffs' 

15 leadership the responsive information in a CMO 2 report every sixty (60) days. The next CMO 2 

16 repmt shall be due on January 14, 2019. 

17 III. DAMAGES INFORMATION FROM SUBROGATION PLAINTIFFS 

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A. Retained Individual Plaintiffs-Insurance Information Sharing 

Each Counsel or Law Firm with a case coordinated in JCCP 4955 shall submit within 10 

20 days of the entry of CMO 5 a List oflndividual Plaintiffs, whether filed or unfiled, who have 

21 retained Counsel or Law Firm in conjunction with claims arising out of a fire that is subject to 

22 JCCP 4955. This List shall include: 

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The first name and last name of all adult members of each household (household 

defined as a group of Individual Plaintiffs suffering a loss associated with the same 

address);2 

The address of the loss location (street addresses only; P.O. Boxes and Parcel 

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CASE MANAGEMENT ORDER 5: COLLECTION AND PRODUCTION OF CASE 

MANAGEMENT ORDER COMPLIANCE lNFORMA TION AND SUBROGATION FILES 

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Numbers are not acceptable);3 and 

The name of all known insurance carriers providing property insurance coverage to 

the household members. 

Subrogation Plaintiffs shall provide a copy of the Complete List of Individual Plaintiffs to 

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B. Individual Plaintiffs Retained After Entry of CMO 5-Insurance Information 

Sharing 

For cases retained after entry of CMO 5, each Counsel or Law Firm with a case 

9 coordinated in JCCP 4955 shall submit an updated complete List of Individual Plaintiffs, whether 

10 filed or unfiled, who have retained Counsel or Law Firm in conjunction with claims arising out of 

11 a fire that is subject to JCCP 4955 every sixty (60) days to BrownGreer. The List shall include: 

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The first name and last name of all adult members of each household (household 

defined as a group of Individual Plaintiffs suffering a loss associated with the same 

address); 

The address of the loss location (street addresses only; P.O. Boxes and Parcel 

Numbers are not acceptable); and 

The name of all known insurance carriers providing prope1iy insurance coverage to 

the household members. 

C. Subrogation Claim File Production Master Control Spreadsheet 

Subrogation Plaintiffs shall independently conduct a Hmatching" project between the List 

20 of Individual Plaintiffs and the Subrogation List of Claims to identify all property insurance 

21 claims related to each of the Individual Plaintiff households. Wherever a match is identified, 

22 Subrogation Plaintiffs will endeavor to link the List of Individual Plaintiffs with the Subrogation 

23 claim information for each household, and with the unique Individual Plaintiff Control Number 

24 and/or the Household Number assigned by BrownGreer. 

25 Subrogation Plaintiffs shall create an initial matching spreadsheet called "Claim File 

26 Production Master Con,trol" ("CFMC"). The CFMC shall combine and link information from the 

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3 Where a property has no street address, Counsel or Law Firm shall provide the best available 

identifying information for that propetiy. 4 

~] CASE MANAGEMENT ORDER 5: COLLECTION AND PRODUCTION OF CASE 

MANAGEMENT ORDER COMPLIANCE INFORMATION AND SUBROGATION FILES 

Case: 19-30088 Doc# 3436-5 Filed: 08/07/19 Entered: 08/07/19 16:13:52 Page 5

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1 List of Individual Plaintiffs, the Subrogation List of Claims and the Brown Greer Individual 

2 Plaintiff Database as follows: 

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Client information submitted by the Individual Plaintiff firms (client/household 

member names, loss address, carriers); 

The corresponding Brown Greer Individual Plaintiff Control Number and/or 

Household Number; and 

Insurance claim information matched to the Individual Plaintiff/Household, 

including Name oflnsured, Carrier Name, Claim Number, Date of Loss (as 

reported to carrier), Loss Location Address, amount paid, open reserves (if any), 

and the status of adjustment of the claim by the carrier. 

Upon completion, the initial CFMC wiII be provided to BrownGreer for import into a 

10 central data management system. The Brown Greer Po1ial will then become the central repository 

11 for management of all Individual Plaintiff data, including any insurance claim data provided by 

12 the Subrogation Plaintiffs. BrownGreer will provide the Subrogation Plaintiffs with access to the 

13 BrownGreer P011al to facilitate ongoing matching between Individual Plaintiff and Subrogation 

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D. 

Subrogation Plaintiffs will update the paid and open reserves as well as claims 

status for all claims matched to Indiviaual Plaintiffs in the BrownGreer Portal 

regularly, and no less frequently than every four (4) months. 

Upon completion of the initial matching process outlined above, Subrogation 

Plaintiffs will update the carrier data reported to the BrownGreer P011al to provide 

a breakdown of payments by coverage, to include payments under Building, 

Contents/Business Personal Property, Alternative Living Expenses/Business 

Interruption and Auto/Specialty. Once a coverage breakdown has been added to the 

BrownGreer Portal, all updates going fo1ward will include a breakdown by 

coverage. 

Individual Plaintiff Insurance Claim File Production 

The Subrogation Plaintiffs will produce claim files to BrownGreer as follows: 

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For any claim that has been matched to an Individual Plaintiff Household, the 

Subrogating Plaintiff will produce the closed claim file to BrownGreer once the 

claim has been closed for adjustment; and 

BrownGreer will upload the claim file to the BrownGreer Portal and alert counsel, 

or the individual plaintiff (if pro se ), by way of email notification, that counsel or 

pro se plaintiff has twenty-one (21) days to review the insurance daim fi1e and 

object to its production and/or redact information from the production. As soon as 

representing counsel or the pro se plaintiff marks the claim file as "review 

complete", the claim file will be. made available to the Defendants through the 

BrownGreer Portal. Plaintiff shall upload into the Brown Greer Portal the approved 

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~~] CASE MANAGEMENT ORDER 5: COLLECTION AND PRODUCTION OF CASE 

MANAGEMENT ORDER COMPLIANCE INFORMATION AND SUBROGATION FILES 

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version of the claim file for production to the Defendants. However, ifno review is 

performed or objection made within twenty-one (21) days of email notification, 

then the insurance claim file will automatically be made available to the Defendants 

through the BrownGreer Po1ial as provided by Subrogating Plaintiff. 

E. Access to the BrownGreer Portal 

Each Individual Plaintiff, Subrogation Plaintiff, and Defendant shall establish a secure 

6 connection with the BrownGreer Portal by obtaining authorized user names and secure login 

7 passwords to permit use ofBrownGreer Poiial by counsel. 

8 Each Plaintiff shall continue to use the Brown Greer P01ial to request, obtain, complete, or 

9 upload any required data, and serve the appropriate CMO 1 and 2 compliance information online 

10 (including uploading PDFs or other electronic images, photographs and videos of any records 

11 required). Liaison Counsel for Individual Plaintiffs shall continue to work with BrownGreer to 

12 ensure CMO compliance and will continue to view, search and download non-confidential 

13 materials submitted to the BrownGreer Portal. Finally, the Court may establish a secure 

14 connection with the BrownGreer Portal by obtaining an authorized user name and secure login 

15 password to permit use of the BrownGreer Po1ial by the Court. 

16 Except as set forth herein, Counsel for plaintiffs and each pro se plaintiff shall be 

17 permitted to view, search and download on the BrownGreer Portal those materials submitted by 

18 that Plaintiff and by Defendants relating to that Plaintiff. Plaintiffs' Co-Liaison Counsels shall 

19 maintain administrative access co-equal with BrownGreer to manage data and to facilitate 

20 communications consistent with the purposes of this order. 

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F. CMO 1: NOA- Plaintiff-Specific Information. 

Each individual plaintiff shall be required to confirm the actual damage categories that 

23 apply to that plaintiff's specific case. This confirmation is herein referred to as the "CMO 

24 Compliance Information" and shall be submitted by each Individual Plaintiff to the BrownGreer 

25 Portal. The parties have agreed to use the Brown Greer Portal to hold such information. 

26 Each individual plaintiff whose case has been coordinated in JCCP 4955.before the entry 

27 of CMO 5 shall submit the CMO Compliance Information to the BrownGreer Portal within 30 

28 days of the entry of CMO 5. Each individual plaintiff whose case is coordinated in JCCP 4955 

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fPROPOSlsfl] CASE MANAGEMENT ORDER 5: COLLECTION AND PRODUCTION OF CASE 

MANAGEMENT ORDER COMPLIANCE INFORMATION AND SUBROGATION FILES 

Case: 19-30088 Doc# 3436-5 Filed: 08/07/19 Entered: 08/07/19 16:13:52 Page 7

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1 after entry of CMO 5 shall have 30 days from the entry of the order granting coordination of that 

2 plaintiffs case in which to submit the CMO Compliance Information to the BrownGreer P01tal. 

3 Service of completed CMO Compliance Information shall be deemed to occur when the 

4 submitting party has performed each of the steps required by the BrownGreer Portal to execute the 

5 online submission of the materials, and the submitting pa1ty has received confirmation on screen 

6 that the materials have been successfully submitted. 

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Dated: 

IT IS SO ORDERED. 

11 c, I 

Hon. Curtis E.A. Karnow 

Judge of the Superior Comt 

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[flitOP(J'SIID] CASE MANAGEMENT ORDER 5: COLLECTION AND PRODUCTION OF CASE 

MANAGEMENT ORDER COMPLIANCE INFORMATION AND SUBROGATION FILES 

Case: 19-30088 Doc# 3436-5 Filed: 08/07/19 Entered: 08/07/19 16:13:52 Page 8

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