EXHIBIT A 

 

Case: 19-30088 Doc# 3922-1 Filed: 09/17/19 Entered: 09/17/19 17:16:36 Page 1

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1. Application to All Fire Related Claimants. The parties acknowledge that there 

were agreements, orders, and protections entered in the North Bay JCCP, portions of 

which are incorporated below. This agreement shall apply equally to all fire related 

cases, including Camp, Butte, and Ghost Ship. The parties understand that the Ghost 

Ship fire claimants are also using Brown Greer. 

2. Plaintiffs. All Plaintiffs’ counsel who have participated in BrownGreer and wish to 

participate in BrownGreer shall: (a) register their retained cases on the BrownGreer 

system; (b) allow BrownGreer to share case-specific registration data1 with PG&E for 

all cases in the BrownGreer system; (c) continue efforts to collect with their clients 

CMO 5 damages information and input this information into the BrownGreer portal; 

(d) allow BrownGreer to generate CMO 5 reports (using the same format 

implemented under CMO 2) to share with PG&E; (e) engage in subrogation data 

sharing with PG&E under terms of CMO 5; and (f) engage in subrogation claims file 

(document) sharing with PG&E under the terms of CMO 5. 

a. Secure Platform. BrownGreer will open secure platforms for PG&E and 

authorized representatives of the Official Committee of Unsecured 

Creditors and TCC consistent with CMO 5, to store and maintain the 

uploads of information provided under this agreement. 

b. Use of Information. The purpose of this agreement is to allow the parties 

to more rapidly exchange information to come to a consensual resolution. 

In order to speed the exchange of information, the parties recognize that 

individual claims are being built in stages, often under difficult 

circumstances, and that the information contained in the BrownGreer 

portal, and provided to PG&E under these agreements, is fluid and subject 

to amendment and change. It is inadmissible in any proceeding in this 

bankruptcy except as permitted by Paragraph 9—Post Bar Date 

Procedures. 

3. Proof of Claim Forms. All claims of individual fire-related victims that are 

currently reflected in the BrownGreer system will be submitted officially to Prime 

Clerk using the court-approved proof of claim form as soon as possible. Prime Clerk 

shall communicate and work directly with BrownGreer to facilitate the upload of 

claim forms to Prime Clerk. Furthermore, Prime Clerk will provide to BrownGreer 

fire-related proof of claim forms that have not originated with BrownGreer 

4. Subrogation. Subrogation shall continue to comply with the terms of CMO 5. 

5. Agreed Protections. Each individual plaintiff whose claim is registered with 

BrownGreer and who has not yet submitted a claim in the Chapter 11 proceedings is 

entitled to the following protections. For any proof of claim uploaded by BrownGreer 

onto Prime Clerk between the date of this agreement and the Bar Date, and absent 

further order of the Court: (a) no party shall assert a procedural defect or an objection 

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As described in CMO 5 III. A. and III. B. 

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or use the information voluntarily provided under CMO 5 against the plaintiff in any 

filing, claim or proceeding at any time prior to the Bar Date; (b) the individual 

claimant shall have an automatic right to amend the Proof of Claim or any CMO 5 

data between now and the bar date2

; (c) no party shall seek discovery of any form 

from the individual plaintiff concerning the damages alleged by that plaintiff prior to 

the bar date; and (d) because the BrownGreer database is being used between the date 

of this Agreement and the Bar Date to foster settlement discussions, no party shall 

publicly disclose prior to the bar date any of the information uploaded into the 

BrownGreer database. All discussions among the parties concerning the valuation 

efforts described below will also be covered by the mediation privilege (FRE 408). 

6. Common Valuation Efforts. PG&E and the state court plaintiffs’ leadership agree 

to begin, as soon as possible, identifying a mutually agreed upon subset of claims that 

the parties can use to try to arrive at a common valuation through mediation that will 

enable a global resolution of the individual fire-related claims of at least those 

claimants represented by counsel that is using the BrownGreer database. PG&E and 

the state court plaintiffs’ leadership agree to appoint a mutually agreed upon panel of 

qualified mediators to preside over these valuation efforts. 

7. Documents. The current information in BrownGreer will not be the exclusive source 

of information used to conduct the common valuation efforts described in the 

preceding paragraph. It is expected that there will be a mutual exchange of 

information consistent with the good faith necessary to be successful here. With 

respect to the cases identified for mediation in Paragraph 6, and in order to speed this 

process of resolving claims, PG&E and the state court plaintiffs’ leadership will agree 

to damages information, including but not limited to supporting documentation, that 

will be made available through the BrownGreer system as soon as possible, to 

facilitate mediation discussions. 

A. With respect to property damage claims, the supporting information and 

documentation will include, for example and where available: 

i. Proof of ownership (titles, deeds, etc.) 

ii. Property appraisals 

iii. Lease / rental agreements (for renters) 

iv. Invoices, receipts and estimates where available concerning cleanup and rebuilding efforts (e.g., construction estimates of costs to 

rebuild, invoices for services to restore property) 

v. Photographs (e.g., images showing proof of condition of property 

before and after alleged physical damage, 

2 This should not be read to limit or abrogate the rights of these creditors to otherwise amend or 

supplement their claims information as allowed under bankruptcy procedures. 

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B. Once PG&E and the state court plaintiffs’ leadership have agreed to the 

list of necessary information and documentation that will be used to 

enable valuation discussions, all plaintiffs participating in BrownGreer 

(regardless of whether their particular claims are part of the mediation 

efforts described in Paragraph 6) will work in good faith to load that 

information in their possession into BrownGreer prior to the Bar Date to 

aid in further valuation discussions. The parties acknowledge that this 

work can be conducted on a rolling basis so that the claims can be built in 

stages. 

8. Privileged Communications. Pursuant to the parties' agreement, the 

communication, transmission, or dissemination of information of common interest 

among Plaintiffs' counsel or separately among Defendants' counsel shall be protected 

by the attorney-client privilege, the protections afforded by the attorney work product 

doctrine, the protections afforded to material prepared for litigation or any other 

privilege to which a party may otherwise be entitled. Further, cooperative efforts to 

reach a consensual resolution shall be subject to a mediation privilege and shall not be 

used or disclosed in any way other than as part of those efforts. 

9. Post Bar Date Procedures. The parties acknowledge there are significant 

cooperative efforts to be commenced under unique and difficult circumstances for the 

individuals impacted by these fires. One of the goals of this agreement is to allow for 

the fire victims to build their claims in stages and to avoid duplication of formal 

discovery efforts (to the extent these efforts become necessary) The parties agree to 

meet and confer on any alterations of, or extension to, this Agreement promptly after 

the Bar Date and any formal discovery plan applicable to all fire victims. After the 

Bar Date, and notwithstanding anything contained herein to the contrary, any 

information or documents that have been loaded into Brown Greer shall be made 

available for use in these bankruptcy proceedings to the maximum extent permitted 

by the governing Federal procedural and evidentiary rules, including but not limited 

to in any estimation proceedings. 

10. Good Faith and Fair Dealing. The parties recognized that there are over 30,000 

claims in the BrownGreer system with the overwhelming majority uploaded 

voluntarily after the bankruptcy filing. The plaintiffs are encouraged to process 

information on a rolling basis, consistent with their efforts between the bankruptcy 

filing and the date of this agreement. 

11. Costs of Implementation. The parties agree that PG&E’s bankruptcy estate will pay 

for the costs of mediation and of developing and maintaining the BrownGreer claims 

database. 

12. Discovery: Nothing in this agreement shall limit any party’s ability to seek or 

conduct discovery on any issues at any time except for the limitation on damages 

discovery directly from an individual claimant as set forth in Paragraph 5(c) above. 

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13. Court Order. The parties will jointly submit an order to the court consistent with the 

terms of this agreement. 

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