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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) 

Jessica Liou (pro hac vice) 

(jessica.liou@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 

KELLER & BENVENUTTI LLP 

Tobias S. Keller (#151445) 

(tkeller@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 

Attorneys for Debtors and Debtors in Possession

CRAVATH, SWAINE & MOORE LLP

Paul H. Zumbro (pro hac vice) 

(pzumbro@cravath.com) 

Kevin J. Orsini (pro hac vice) 

(korsini@cravath.com) 

Omid H. Nasab (pro hac vice) 

(onasab@cravath.com) 

825 Eighth Avenue 

New York, NY 10019

Tel: 212 474 1000 

Fax: 212 474 3700 

UNITED STATES BANKRUPTCY COURT 

NORTHERN DISTRICT OF CALIFORNIA 

SAN FRANCISCO DIVISION 

In re: 

PG&E CORPORATION,

 - and - 

PACIFIC GAS AND ELECTRIC 

COMPANY,

Case No. 19-30088 (DM)

Chapter 11 

(Lead Case) (Jointly Administered) 

EX PARTE MOTION OF DEBTORS PURSUANT TO 

B.L.R. 9006-1 REQUESTING ORDER SHORTENING 

TIME FOR HEARING ON DEBTORS’ MOTION 

PURSUANT TO 11 U.S.C. §§ 363(b) AND 105(a) AND 

FED. R. BANKR. P. 6004 AND 9019 FOR ENTRY OF 

AN ORDER (I) AUTHORIZING THE DEBTORS TO 

SETTLE THE CLAIMS OF TUBBS PREFERENCE 

CLAIMANTS AND (II) GRANTING RELATED 

RELIEF 

Related Document: Dkt. 5282 

[No hearing requested] 

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# 5287 Filed: 01/06/20 Entered: 01/06/20 22:21:30 Page 1 of

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PG&E Corporation and Pacific Gas and Electric Company, as debtors and debtors in 

possession (collectively, “PG&E” or the “Debtors”) in the above-captioned chapter 11 cases 

(the “Chapter 11 Cases”), hereby submit this Motion (the “Motion to Shorten”), pursuant to Rule 

9006-1 of the Bankruptcy Local Rules for the United States Bankruptcy Court for the Northern 

District of California (the “Bankruptcy Local Rules”), for entry of an order shortening time for a 

hearing on January 21, 2020, at 10:00 a.m. (prevailing Pacific Time), on the Debtors’ Motion 

Pursuant to 11 U.S.C. §§ 363(b) and 105(a) and Fed. R. Bankr. P. 6004 and 9019 for Entry of an 

Order (i) Authorizing the Debtors to Settle the Claims of Tubbs Preference Claimants and (ii) 

Granting Related Relief (the “Tubbs Settlement Motion”), filed contemporaneously herewith. The 

Debtors request that any responses or objections to the Tubbs Settlement Motion be in writing and 

filed with the Court and served by 4:00 p.m. (prevailing Pacific Time) on January 15, 2020. 

In support of this Motion to Shorten, the Debtors submit the Declaration of Jessica 

Liou (the “Liou Declaration”), filed contemporaneously herewith. A proposed form of order 

granting the relief requested herein will be uploaded contemporaneously herewith. 

MEMORANDUM OF POINTS AND AUTHORITIES

I. JURISDICTION 

The Court has jurisdiction to consider this matter pursuant to 28 U.S.C. §§ 157 and 

1334, the Order Referring Bankruptcy Cases and Proceedings to Bankruptcy Judges, General Order 

24 (N.D. Cal.), and Bankruptcy Local Rule 5011-1(a). This is a core proceeding pursuant to 28 

U.S.C. § 157(b). Venue is proper before the Court pursuant to 28 U.S.C. §§ 1408 and 1409. 

II. BACKGROUND 

On January 29, 2019, the Debtors commenced with the Court voluntary cases under 

chapter 11 of the Bankruptcy Code. The Debtors continue to operate their businesses and manage 

their properties as debtors in possession pursuant to sections 1107(a) and 1108 of the Bankruptcy 

Code. No trustee or examiner has been appointed in either of the Chapter 11 Cases. The Debtors’ 

Chapter 11 Cases are being jointly administered for procedural purposes only pursuant to 

Bankruptcy Rule 1015(b). 

On February 12, 2019, the United States Trustee (the “U.S. Trustee”) appointed an 

Case: 19-30088 Doc# 5287 Filed: 01/06/20 Entered: 01/06/20 22:21:30 Page 2 of

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Official Committee of Unsecured Creditors (the “Creditors Committee”). On February 15, 2019, 

the U.S. Trustee appointed an Official Committee of Tort Claimants (the “TCC”). 

Additional information regarding the circumstances leading to the commencement 

of the Chapter 11 Cases and information regarding the Debtors’ businesses and capital structure is 

set forth in the Amended Declaration of Jason P. Wells in Support of the First Day Motions and 

Related Relief [Docket No. 263] (the “Wells Declaration”). 

III. RELIEF REQUESTED IN THE TUBBS SETTLEMENT MOTION1

The Tubbs Settlement Motion seeks entry of an order authorizing the Debtors to 

enter into the Tubbs Settlements with the Tubbs Preference Claimants. The Tubbs Settlements are 

an integral element and requirement of the Tort Claimants RSA, which was approved by the Court 

on December 17, 2019. The Tubbs Settlements settle and liquidate the claims of the Tubbs 

Preference Claimants by allowing each of the claims at the agreed-upon settlement amount reflected 

in the relevant agreement, as described in further detail in the Tubbs Settlement Motion. Each of the 

settled claims is to be channeled to, paid, and resolved solely by the Fire Victim Trust, in accordance 

with the terms and procedures of the Fire Victim Trust to be established pursuant to the Debtors’ 

Amended Plan. Importantly, the Tubbs Settlements do not increase the consideration to be funded 

by the Debtors to the Fire Victim Trust under the Amended Plan. 

Additionally, the Tubbs Settlements provide for the dismissal of the Tubbs Cases. 

Upon the effective date of the Tubbs Settlements, after Court approval, counsel for the Tubbs 

Preference Claimants will execute a request for dismissal, with prejudice, of the Tubbs Cases and 

deliver the executed request to the Debtors, which the Debtors will file with the State Court. 

IV. SHORTENING TIME FOR HEARING ON THE TUBBS SETTLEMENT MOTION 

IS WARRANTED 

Pursuant to Bankruptcy Local Rule 9014-1(b)(3)(A), a hearing on the Tubbs 

Settlement Motion requires twenty-one (21) days’ notice of an opportunity for a hearing. 

1

 Capitalized terms used but not herein defined shall have the meanings ascribed to them in the 

Tubbs Settlement Motion or the Debtors’ and Shareholder Proponents’ Joint Chapter 11 Plan of 

Reorganization dated December 12, 2019 [Docket No. 5101] (the “Amended Plan”), as applicable. 

Case: 19-30088 Doc# 5287 Filed: 01/06/20 Entered: 01/06/20 22:21:30 Page 3 of

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Bankruptcy Local Rule 9006-1(a) provides that, except as set forth therein, “approval of the Court 

is required to enlarge or to shorten time to perform any act or file any paper pursuant to the Federal 

Rules of Civil Procedures, the Bankruptcy Rules, or these Bankruptcy Local Rules.” B.L.R. 9006-

1(a). 

On December 9, 2019, the Debtors filed a motion seeking approval of the Tort 

Claimants RSA (the “Tort Claimants RSA Motion”) and a motion seeking a hearing on the Tort 

Claimants RSA Motion on shortened notice. On December 10, 2019, the Court granted the Debtors’ 

motion to hear the Tort Claimants RSA Motion on shortened notice. A week later, on December 

17, 2019, the Court held a hearing to consider the Tort Claimants RSA Motion and approved the 

Tort Claimants RSA. The Court issued a formal order authorizing the Debtors to enter into the Tort 

Claimants RSA and approving the terms of the Tort Claimants RSA on December 19, 2019 [Docket 

No. 5174]. 

As discussed in the Tort Claimants RSA Motion and the Tubbs Settlement Motion, 

the Tort Claimants RSA represents a monumental step in these Chapter 11 Cases and incorporates 

the terms of a comprehensive, carefully negotiated settlement, of which an integral component is 

the resolution of the pending wildfire claims estimation proceedings before the District Court for 

the Northern District of California and, relatedly, the state court cases of the Tubbs Preference 

Claimants (the “Tubbs Cases”). Indeed, parties negotiated express language in the Tort Claimants 

RSA requiring the Debtors to “promptly” enter into settlement discussions with the Tubbs 

Preference Claimants, to settle the claims, and, once settled, requiring the Debtors “file a motion 

with the Bankruptcy Court on shortened notice seeking approval of the [Tubbs Settlements].” Tort 

Claimants RSA §§ 2(a), (h) (emphasis added). Absent the Tort Claimants RSA and a satisfactory 

resolution of the Tubbs Cases as required therein, a jury trial in the Tubbs Cases was set to begin 

imminently, with jury selection scheduled for January 7, 2020. 

Consistent with their obligations under the Tort Claimants RSA, upon its execution, 

the Debtors promptly entered into settlement discussions with the Tubbs Preference Claimants, 

which culminated in the Debtors and each of the Tubbs Preference Claimants entering into 

settlement agreements to resolve the Tubbs Cases and the claims asserted against the Debtors. In 

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further compliance with their obligations under the Tort Claimants RSA, the Debtors now seek 

shortened notice of the Tubbs Settlement Motion. 

The Debtors respectfully submit that shortening the notice period by six (6) days is 

necessary to provide certainty to all parties as soon as possible regarding whether the Tubbs Cases 

are fully resolved, as provided in the Tort Claimants RSA. To the extent the Tubbs Settlements are 

not approved by this Court, the parties will need to immediately redeploy substantial resources to 

prepare for a costly and time-consuming trial. As noted in the Loduca Declaration, the Tubbs Cases 

involve 18 different damage claims and 50 individual claimants. Loduca Decl. at ¶12. Fact and 

expert discovery has not yet been completed and the parties anticipated an 8-week trial. Id. On the 

other hand, prompt approval of the Tubbs Settlements as provided in the Tort Claimants RSA will 

allow the Debtors to expedite the chapter 11 plan confirmation timeline, their successful emergence 

from chapter 11, and distributions to fire victims. Shortening time for a hearing on the Tubbs 

Settlement Motion will save the Debtors and their estates significant time and attorneys’ fees that 

would otherwise be devoted to preparing for the contingency of a Tubbs jury trial, and allow the 

Debtors and their professionals to turn their full efforts toward expeditiously confirming the 

Debtors’ Amended Plan well within the deadline established by AB 1054. 

Most recently, this Court granted an expedited hearing to consider the Tort Claimants 

RSA Motion for substantially the same reasons. See Docket Nos. 5040, 5046. Expedited 

consideration of the Tubbs Settlement Motion is likewise warranted. 

Based on the foregoing, the Debtors request that notice be shortened to permit the 

Tubbs Settlement Motion to be heard on January 21, 2020, at 10:00 a.m. (prevailing Pacific Time), 

and for written objections, if any, to be filed and served by 4:00 p.m. (prevailing Pacific Time) on 

January 15, 2020. As stated in the Liou Declaration, the Debtors previewed the relief requested in 

this Motion to Shorten with the TCC and the TCC consents to the relief sought herein. The Debtors 

also sought consent from the U.S. Trustee and Creditors Committee to the relief requested in this 

Motion to Shorten, however, the U.S. Trustee and Creditors Committee have not yet provided their 

consent. In view of the foregoing, the Debtors believe more than ample cause exists to grant the 

relief requested herein. 

Case: 19-30088 Doc# 5287 Filed: 01/06/20 Entered: 01/06/20 22:21:30 Page 5 of

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V. NOTICE 

Notice of this Motion to Shorten will be provided to (i) the Office of the United 

States Trustee for Region 17 (Attn: Andrew R. Vara, Esq. and Timothy Laffredi, Esq.); (ii) counsel 

to the Creditors Committee; (iii) counsel to the TCC; (iv) the Securities and Exchange Commission; 

(v) the Internal Revenue Service; (vi) the Office of the California Attorney General; (vii) the 

California Public Utilities Commission; (viii) the Nuclear Regulatory Commission; (ix) the Federal 

Energy Regulatory Commission; (x) the Office of the United States Attorney for the Northern 

District of California; (xi) counsel for the agent under the Debtors’ debtor in possession financing 

facility; (xii) Counsel for the Tubbs Preference Claimants; and (xiii) those persons who have 

formally appeared in these Chapter 11 Cases and requested service pursuant to Bankruptcy Rule 

2002. The Debtors respectfully submit that no further notice is required. 

No previous request for the relief sought herein has been made by the Debtors to this 

or any other court. 

Case: 19-30088 Doc# 5287 Filed: 01/06/20 Entered: 01/06/20 22:21:30 Page 6 of

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WHEREFORE the Debtors respectfully request entry of the Proposed Order granting 

the relief requested herein and such other and further relief as the Court may deem just and 

appropriate. 

Dated: January 6, 2020 

 WEIL, GOTSHAL & MANGES LLP 

 CRAVATH SWAINE & MOORE LLP 

 KELLER & BENVENUTTI LLP 

/s/ Jessica Liou

 Jessica Liou

Attorneys for Debtors and Debtors in Possession

Case: 19-30088 Doc# 5287 Filed: 01/06/20 Entered: 01/06/20 22:21:30 Page 7 of

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