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Dennis F. Dunne (admitted pro hac vice) 

Samuel A. Khalil (admitted pro hac vice) 

MILBANK LLP 

55 Hudson Yards 

New York, New York 10001-2163 

Telephone: (212) 530-5000 

Facsimile: (212) 530-5219 

and 

Gregory A. Bray (SBN 115367) 

Thomas R. Kreller (SBN 161922) 

MILBANK LLP 

2029 Century Park East, 33rd Floor 

Los Angeles, CA 90067 

Telephone: (424) 386-4000 

Facsimile: (213) 629-5063 

Counsel for the Official Committee 

of Unsecured Creditors

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) 

JOINDER OF OFFICIAL COMMITTEE 

OF UNSECURED CREDITORS TO 

DEBTORS’ OBJECTION TO THE EX 

PARTE MOTION OF THE OFFICIAL 

COMMITTEE OF TORT CLAIMANTS 

PURSUANT TO B.L.R 9006-1 

REQUESTING ORDER SHORTENING 

TIME FOR HEARING ON MOTION FOR 

ENTRY OF AN ORDER DETERMINING 

PROCEDURES FOR PRESERVING JURY 

TRIAL RIGHTS 

Related Documents: Dkt. Nos. 3479, 3481 and 

3497 

Case: 19-30088 Doc# 3507 Filed: 08/12/19 Entered: 08/12/19 12:19:24 Page 1 of

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The Official Committee of Unsecured Creditors (the “Official Committee”) appointed in 

the above-captioned chapter 11 cases, by its attorneys, Milbank LLP, hereby submits this joinder 

to the Debtors’ Objection to the Ex Parte Motion of the Official Committee of Tort Claimants 

Pursuant to B.L.R. 9006-1 Requesting Order Shortening Time for Hearing on Motion for Entry 

of an Order Determining Procedures for Preserving Jury Trial Rights [Docket No. 3497] (the 

“Ex Parte Objection”),1 and respectfully states as follows: 

1. On August 8, 2019, the Official Committee of Tort Claimants (the “TCC”) filed 

its Motion for Entry of an Order Determining Procedures for Preserving Jury Trial Rights

[Docket No. 3479] (the “Jury Trial Motion”). The TCC followed with an Ex Parte Motion of the 

Official Committee of Tort Claimants Pursuant to B.L.R. 9006-1 Requesting Order Shortening 

Time for Hearing on Motion for Entry of an Order Determining Procedures for Preserving Jury 

Trial Rights [Docket No. 3481] (the “Motion to Shorten”) seeking to have its Jury Trial Motion 

heard on just six days’ notice – August 14, 2019 – a calendar date that, as the Court knows, is 

well-stocked with pressing matters. 

2. On August 11, 2019, the Debtors filed the Ex Parte Objection, arguing, among 

other things, that the Motion to Shorten does not present the “exigent circumstances” required to 

warrant a shortening of time under B.L.R. 9006-1(c). The Official Committee agrees. The Jury 

Trial Motion is in the vein of a comfort order—the TCC seeks to preserve jury trial rights that 

personal injury and wrongful death claimants already have under the Local Bankruptcy Rules. 

This is an issue that, as the Debtors acknowledge, the parties “may very well” resolve without 

any court involvement—let alone an expedited dash to the courthouse. Ex Parte Objection at 1. 

3. But even were the jury trial issue in credible dispute, no “exigent circumstances” 

exist to support the requested relief. On customary notice, the Jury Trial Motion would be heard 

on September 10, 2019 – within 41 days of the bar date – which would leave sufficient time for 

filing proofs of claim by any claimants who are “wait[ing] until confirmation of preservation of 

their jury trial rights to file their claims.” Motion to Shorten at 3. And moreover, the TCC’s 

 

1

 Capitalized terms not defined herein have the meanings ascribed to them in the Jury Trial Motion. 

Case: 19-30088 Doc# 3507 Filed: 08/12/19 Entered: 08/12/19 12:19:24 Page 2 of

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claimed emergency is belied by the fact that it could have filed its Jury Trial Motion months ago, 

when the Debtors filed their motion to establish a bar date. 

4. In sum, there is simply no emergency here, and the Court should decline the 

TCC’s invitation to create one. The Official Committee joins in the Debtors’ Ex Parte 

Objection. 

 

DATED: August 12, 2019 MILBANK LLP 

 /s/ Gregory A. Bray 

DENNIS F. DUNNE 

SAMUEL A. KHALIL 

GREGORY A. BRAY 

THOMAS R. KRELLER 

Counsel for the Official Committee of Unsecured 

Creditors

Case: 19-30088 Doc# 3507 Filed: 08/12/19 Entered: 08/12/19 12:19:24 Page 3 of

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