EXHIBIT D 

Case: 19-30088 Doc# 5374-4 Filed: 01/14/20 Entered: 01/14/20 15:56:59 Page 1

of 5
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 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) 

Jessica Liou (pro hac vice) 

(jessica.liou@weil.com) 

Theodore Tsekerides (pro hac vice) 

(theodore.tsekerides@weil.com) 

Matthew Goren (pro hac vice) 

(matthew.goren@weil.com) 

767 Fifth Avenue 

New York, NY 10153-0119 

Tel: 212 310 8000 

Fax: 212 310 8007 

Proposed Attorneys for Plaintiffs (Debtors 

and Debtors in Possession) 

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: 650 636 9251 

UNITED STATES BANKRUPTCY COURT 

NORTHERN DISTRICT OF CALIFORNIA 

SAN FRANCISCO DIVISION 

In re:

PG&E CORPORATION 

- and - 

PACIFIC GAS & ELECTRIC 

COMPANY, 

Debtors. 

Case Nos. 19-30088 (DM) 

 19-30089 (DM) 

Adv. Pro. No. 19-03006 (DM) 

PG&E CORPORATION, 

PACIFIC GAS & ELECTRIC 

COMPANY, 

Plaintiffs, 

v. 

PUBLIC EMPLOYEES 

RETIREMENT ASSOCIATION OF 

NEW MEXICO, et al. 

Defendants. 

STIPULATION AND AGREEMENT FOR 

ORDER REGARDING SCHEDULING 

ONLY AS TO PUBLIC EMPLOYEES 

RETIREMENT ASSOCIATION OF NEW 

MEXICO 

[No Hearing Requested] 

Case: 19-30088 Doc# 5374-4 Filed: 01/14/20 Entered: 01/14/20 15:56:59 Page 2 Case: 19-03006 Doc# 34 Filed: 04/03/19 Entered: 04/03/19 15:38:02 Page 1 of 4

of 5
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

 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 and between PG&E Corporation (“PG&E Corp.”) and Pacific Gas and Electric 

Company (the “Utility”), as debtors and debtors in possession (collectively, the “Debtors”) in the 

above-captioned Chapter 11 cases, and as Plaintiffs in the above-captioned adversary proceeding 

(the “Adversary Proceeding”), on the one hand, and Public Employees Retirement Association 

of New Mexico (“PERA”), on the other hand. The Debtors and PERA 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 February 15, 2019, the Debtors commenced the above-captioned adversary 

proceeding (the “Adversary Proceeding”) by filing Debtors’ Complaint for Preliminary and 

Permanent Injunctive Relief as to Actions against Non-Debtors [Adv. Docket No. 1] (the 

“Complaint”). 

B. On February 15, 2019, the Debtors filed Debtors’ Motion for Preliminary Injunction 

as to Actions against Non-Debtors [Adv. Docket No. 2] (the “PI Motion”). 

C. On February 19, 2019, this Court issued a Summons and Notice of Scheduling 

Conference in the Adversary Proceeding [Adv. Docket No. 4] (the “Summons”). The Summons set 

a scheduling conference in the Adversary Proceeding (the “Scheduling Conference”) for April 24, 

2019, at 9:30 AM PST. 

D. On February 19, 2019, this Court issued an Order Re Initial Disclosures and 

Discovery Conference [Adv. Docket No. 5] (the “Discovery Order”). 

E. On February 20, 2019, the Debtors noticed the PI Motion for hearing on March 27, 

2019, at 9:30 AM PST (the “March 27 Hearing”) [Adv. Docket No. 6]. 

F. On March 20, 2019, the Debtors filed a Reply Memorandum of Points and 

Authorities in Further Support of Debtors’ Motion for Preliminary Injunction as to Actions against 

Non-Debtors [Adv. Docket No. 18], in which Debtors noted that they were “engaged in procedural 

Case: 19-30088 Doc# 5374-4 Filed: 01/14/20 Entered: 01/14/20 15:56:59 Page 3 Case: 19-03006 Doc# 34 Filed: 04/03/19 Entered: 04/03/19 15:38:02 Page 2 of 4

of 5
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

 

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

and other discussions” with PERA, and did not plan to proceed with their PI Motion as against 

PERA at the March 27 Hearing. 

G. The Discovery Order requires that the Parties conduct a discovery conference (the 

“Discovery Conference”) at least 21 calendar days before the Scheduling Conference, i.e., by April 

3, 2019. The Discovery Order further requires that the Parties make initial disclosures (the “Initial 

Disclosures”) and file a written discovery plan (the “Discovery Plan”) within fourteen (14) days of 

the Discovery Conference. 

H. The Parties’ “procedural and other discussions” are ongoing, and they plan to submit 

a stipulation regarding the Debtors’ prosecution of the Complaint and PI Motion as against PERA as 

soon as possible. 

I. The Parties agree that the Scheduling Conference shall be adjourned without date, 

and that the Parties’ deadlines for the Discovery Conference, Initial Disclosures, and Discovery Plan 

shall be continued indefinitely, subject to the anticipated stipulation. 

NOW, THEREFORE, UPON THE FOREGOING RECITALS, WHICH ARE 

INCORPORATED AS THOUGH FULLY SET FORTH HEREIN, 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. The Scheduling Conference shall be adjourned without date. 

2. The Parties’ deadlines to conduct the Discovery Conference, make Initial 

Disclosures, and file a Discovery Plan shall be continued indefinitely. 

3. If either Party, at any time, wishes to reset the Scheduling Conference, that 

Party may request a meet-and-confer (the “Meet-and-Confer”) with the other Party to attempt to 

agree as to a date on which to reset the Scheduling Conference; pursuant to the Discovery Order, that 

date shall provide the basis for the Parties’ deadlines to conduct the Discovery Conference, make 

Initial Disclosures, and file a Discovery Plan. The Meet-and-Confer must take place within five (5) 

days of the requesting Party’s initial request to the other Party to conduct the Meet-and-Confer. 

4. If the Parties cannot reach agreement as to a date on which to reset the 

Scheduling Conference within five (5) days of the Meet-and-Confer, any Party shall have the right to 

Case: 19-30088 Doc# 5374-4 Filed: 01/14/20 Entered: 01/14/20 15:56:59 Page 4 Case: 19-03006 Doc# 34 Filed: 04/03/19 Entered: 04/03/19 15:38:02 Page 3 of 4

of 5
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

 

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

request that this Court hold a status conference, on ten (10) days’ notice, at which all Parties may be 

heard regarding the date on which to reset the Scheduling Conference. 

Dated: April 3, 2019 Dated: April 3, 2019 

KELLER & BENVENUTTI LLP MICHELSON LAW GROUP 

/s/ Peter J. Benvenutti /s/ Randy Michelson

Peter J. Benvenutti, Esq.

Attorneys for Debtors 

and Debtors in Possession

Randy Michelson

Attorneys for Public Employees Retirement 

Association of New Mexico 

Case: 19-30088 Doc# 5374-4 Filed: 01/14/20 Entered: 01/14/20 15:56:59 Page 5 Case: 19-03006 Doc# 34 Filed: 04/03/19 Entered: 04/03/19 15:38:02 Page 4 of 4

of 5