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HOLLAND & KNIGHT LLP

Thomas D. Leland (Pro Hac) 

Leah E. Capritta (Pro Hac) 

1801 California Street, Suite 5000 

Denver, Colorado 80202 

Telephone: (303) 974-6660 

Fax: (303) 974-6659 

Email: thomas.leland@hklaw.com 

 leah.capritta@hklaw.com 

HOLLAND & KNIGHT LLP 

Vince Farhat (SBN 183794) 

400 South Hope Street, 8th Floor 

Los Angeles, CA 90071 

Telephone: (213) 896-2400 

Facsimile: (213) 896-2450 

Email: vince.farhat@hklaw.com 

 

Attorneys for Plaintiff 

TIGER NATURAL GAS, INC.

UNITED STATES BANKRUPTCY COURT 

NORTHERN DISTRICT OF CALIFORNIA 

SAN FRANCISCO DIVISION 

In re 

PG&E CORPORATION 

 -andPACIFIC GAS AND ELECTRIC 

COMPANY, 

 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)

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CASE NO. 19-30088 (DM) 

Chapter 11 (Lead Case) 

(Jointly Administered) 

TIGER NATURAL GAS, INC.’S 

MOTION TO FILE CERTAIN 

DOCUMENTS UNDER SEAL 

PURSUANT TO 11 U.S.C. §§ 105(A) AND 

107(B) AND FRBP 9018 

[No Hearing Requested] 

 

Case: 19-30088 Doc# 4662 Filed: 11/11/19 Entered: 11/11/19 16:46:52 Page 1 of

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#71414346_v2 3 

STATEMENT OF RELIEF SOUGHT 

Tiger Natural Gas, Inc. (“Tiger”) moves the Court pursuant to the Protective Order 

entered on April 11, 2018, in the case Tiger Natural Gas, Inc. v. Pacific Gas and Electric 

Company, et al., Case No. 4:16-CV-06711 (JSW) [Dkt. #64] for relief in the form of filing 

certain documents under seal, designated “Attorney Eyes Only” by Debtor Pacific Gas & 

Electric Company, and further moves pursuant to Sections 105(a) and 107(b) of title 11 of the 

United States Code, Rule 9018 of the Federal Rules of Bankruptcy Procedure, Rule 1001-2(a) of 

the Bankruptcy Local Rules for the United States District Court for the Northern District of 

California, and the New District Wide Procedures for Electronically Filing Sealed and Redacted 

Documents adopted by the United States Bankruptcy Court for the Northern District of 

California, for entry of an order authorizing Tiger to file under seal certain deposition transcript 

excerpts, listed below, in connection with Tiger’s Reply in Support of Motion for Relief from 

Automatic Stay, filed contemporaneously herewith. 

A proposed order is attached hereto as Exhibit A, in accordance with the Local 

Procedures. 

MEMORANDUM OF POINTS AND AUTHORITIES 

I. JURISDICTION 

This Court has jurisdiction over the Motion 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 pursuant to 28 U.S.C. §§ 1408 and 1409. The bases for the 

relief requested in the Motion are §§ 105(a) and 107(b) of the Bankruptcy Code and Bankruptcy 

Rule 9018. 

II. BASIS FOR RELIEF REQUESTED 

1. Under Section 105(a) of the Bankruptcy Code, the Court is allowed to “issue any 

order ... that is necessary or appropriate to carry out the provisions of this title.” 11 U.S.C. § 

105(a). Section 107(b) provides that, “[o]n request of a party in interest, the bankruptcy court 

shall, and on the bankruptcy court’s own motion, the bankruptcy court may ... [p]rotect an entity 

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#71414346_v2 4 

with respect to a trade secret or confidential research, development, or commercial information.” 

11 U.S.C. § 107(b). 

2. An entity seeking protection under Section 107(b) need only show that the 

information it seeks to seal is “confidential” and “commercial” in nature. Video Software Dealers 

Ass’n v. Orion Pictures Corp., 21 F.3d 24, 27 (2d Cir. 1994). 

3. The District Court’s Protective Order, dated April 11, 2019 [Dkt. #64] provides 

that “Protected Material” includes “Confidential” or “Attorney’s Eyes Only” material. The 

Protective Order limits public disclosure of such material and provides: “Without written 

permission from the Designating Party or a court order secured after appropriate notice to all 

interested persons, a Party may not file in the public record in this action any Protected 

Material. A Party that seeks to file under seal any Protected Material must comply with Civil 

Local Rule 79-5.” The documents listed below are therefore sealable because Debtor PG&E, the 

producing party, designated each as “Attorney’s Eyes Only” and said documents have been filed 

under seal contemporaneously herewith: 

a) Relevant excerpts from the Deposition Transcript of Michael Quinn, Ph.D, dated 

September 29, 2017; and 

b) Relevant excerpts from the Deposition Transcript of Daniel W. Ray, dated 

October 4, 2017 (collectively the “Protected Material”). 

4. A copy of counsel’s declaration in support of this Motion to File Under Seal is 

being filed contemporaneously herewith. 

5. Because the deposition transcript excerpts contain information marked “Protected 

Material” within the scope of the Protective Order, the Court should grant Tiger’s request. 

III. NOTICE 

Notice of the Motion to File Under Seal will be provided to (i) the Debtors and counsel to the 

Debtors; (ii) counsel to the Office of the United States Trustee for Region 17; (iii) counsel to the 

administrative agent under the Debtors’ debtor-in-possession financing facility; (iv) counsel to 

the collateral agent under the Debtors’ debtor-in-possession financing facility; (v) counsel to the 

CPUC; (vi) the U.S. Nuclear Regulatory Commission; (vii) the U.S. Department of Justice, as 

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counsel for the United States on behalf of the Federal Energy Regulatory Commission; (viii) 

each member of the Official Committee of Unsecured Creditors specified in the Notice of 

Appointment of the Official Committee of Unsecured Creditors [Docket 409]; (ix) each member 

of the Official Committee of Tort Claimants specified in the Notice of Appointment of the 

Official Committee of Tort Claimants [Docket 453]; and (x) those parties who have requested 

notice pursuant to Fed. R. Bankr. P. 2002. 

IV. CONCLUSION 

To ensure compliance with the Protective Order in the District Court Case, Tiger seeks 

limited relief to file the Protected Material under seal in connection with its Reply in 

Support of Motion for Relief from Automatic Stay. For the reasons set forth above, Tiger 

requests that the documents be kept under seal as set forth in the Proposed Order. 

DATED: November 11, 2019 

 Respectfully submitted, 

 HOLLAND & KNIGHT LLP 

By: /s/ Leah E. Capritta 

 Leah E. Capritta 

 Attorneys for Tiger Natural Gas, Inc.

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HOLLAND & KNIGHT LLP

Thomas D. Leland (Pro Hac) 

Leah E. Capritta (Pro Hac) 

1801 California Street, Suite 5000 

Denver, Colorado 80202 

Telephone: (303) 974-6660 

Fax: (303) 974-6659 

Email: thomas.leland@hklaw.com 

 leah.capritta@hklaw.com 

HOLLAND & KNIGHT LLP 

Vince Farhat (SBN 183794) 

400 South Hope Street, 8th Floor 

Los Angeles, CA 90071 

Telephone: (213) 896-2400 

Facsimile: (213) 896-2450 

Email: vince.farhat@hklaw.com 

Attorneys for Plaintiff 

TIGER NATURAL GAS, INC.

UNITED STATES BANKRUPTCY COURT 

NORTHERN DISTRICT OF CALIFORNIA 

SAN FRANCISCO DIVISION 

In re 

PG&E CORPORATION 

 -andPACIFIC GAS AND ELECTRIC 

COMPANY, 

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)

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 CASE NO. 19-30088 (DM) 

 Chapter 11 

 (Lead Case) 

 (Jointly Administered) 

ORDER GRANTING TIGER NATURAL 

GAS, INC.’S ADMINISTRATIVE 

MOTION TO FILE CERTAIN 

DOCUMENTS UNDER SEAL 

[NO HEARING REQUIRED] 

Exhibit "A"

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This matter came before the Court on Tiger Natural Gas, Inc.’s (“Tiger”) Motion to 

File Certain Documents Under Seal (the “Motion”). The Court having considered the Motion, 

the declaration filed in support, any response and reply briefing, its files and records herein, and 

being fully advised, 

 IT IS HEREBY ORDERED, DECREED, AND ADJUDGED that the Motion is 

GRANTED; and 

IT IS HEREBY FURTHER ORDERED, DECREED, AND ADJUDGED that Tiger is 

authorized to file the excerpts from the documents listed below under seal pursuant to section 

107(b) of the Bankruptcy Code and Bankruptcy Rule 9018 in connection with its Reply in Support 

of Motion for Relief from Automatic Stay: 

a) Deposition Transcript of Michael Quinn, Ph.D, dated September 29, 2017; and 

b) Deposition Transcript of Daniel W. Ray, dated October 4, 2017. 

IT IS HEREBY FURTHER ORDERED, DECREED, AND ADJUDGED that this Court 

shall retain jurisdiction to hear and determine all matters arising from or related to the 

implementation, interpretation, or enforcement of this Order. 

IT IS HEREBY FURTHER ORDERED, DECREED, AND ADJUDGED that notice of 

the Motion as provided therein shall be deemed good and sufficient and the requirements of the 

Bankruptcy Local Rules are satisfied by such notice. 

**End of Order** 

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