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LABATON SUCHAROW LLP 

Thomas A. Dubbs 

Carol C. Villegas 

Jeffrey A. Dubbin (SBN 287199) 

140 Broadway 

New York, New York 10005 

LOWENSTEIN SANDLER LLP 

Michael S. Etkin (pro hac vice) 

Andrew Behlmann (pro hac vice) 

Scott Cargill 

Nicole Fulfree 

Colleen Maker 

One Lowenstein Drive 

Roseland, New Jersey 07068

Lead Counsel to Lead Plaintiff and the Class Bankruptcy Counsel to Lead Plaintiff 

and the Class 

MICHELSON LAW GROUP 

Randy Michelson (SBN 114095) 

220 Montgomery Street, Suite 2100 

San Francisco, California 94104 (additional counsel on Exhibit A) 

Bankruptcy Counsel to Lead Plaintiff 

and the Class 

UNITED STATES BANKRUPTCY COURT 

NORTHERN DISTRICT OF CALIFORNIA 

SAN FRANCISCO DIVISION 

In re: 

PG&E CORPORATION 

 - and – 

PACIFIC GAS AND ELECTRIC 

COMPANY, 

 Debtors. 

☒ Affects Both Debtors 

☐ Affects PG&E Corporation 

☐ Affects Pacific Gas and Electric Company 

Case No. 19-30088 (DM) (Lead Case) 

Chapter 11 

(Jointly Administered)

EX PARTE APPLICATION FOR ORDER 

 PURSUANT TO B.L.R. 9013-1(c) 

 AUTHORIZING OVERSIZE REPLY BRIEF 

 IN SUPPORT OF SECURITIES LEAD 

 PLAINTIFF’S MOTION TO APPLY

BANKRUPTCY RULE 7023 TO CLASS 

PROOF OF CLAIM

(No Hearing Requested) 

 

 Public Employees Retirement Association of New Mexico (“Lead Plaintiff”), the courtappointed lead plaintiff in the securities class action captioned as In re PG&E Corporation 

Securities Litigation, Case No. 18-03509 (the “Securities Litigation”), pending in the United 

 

Case: 19-30088 Doc# 5447 Filed: 01/22/20 Entered: 01/22/20 14:38:46 Page 1 of

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States District Court for the Northern District of California, on behalf of itself and the proposed 

class it represents in the Securities Litigation (the “Class”), together with York County on behalf 

of the County of York Retirement Fund, City of Warren Police and Fire Retirement System, and 

Mid-Jersey Trucking Industry & Local No. 701 Pension Fund, hereby submit this Ex Parte

Application (the “Application”), pursuant to Rule 9013-1(c) 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, substantially in the form submitted herewith (the “Proposed 

Order”), authorizing the Lead Plaintiff to file an oversize reply brief (the “Reply”) in support of 

its Motion to Apply Bankruptcy Rule 7023 to Class Proof of Claim (the “Motion”). 

 For the reasons set forth below, the Application should be granted. 

ARGUMENT 

A. An Oversize Reply Brief is Warranted

Bankruptcy Local Rule 9013-1(c) provides that, “[u]nless the Court expressly orders 

otherwise, the initial and response memoranda of points and authorities shall not exceed 25 pages 

of text, and reply memorandum shall not exceed 15 pages of text.” B.L.R. 9013-1(c). 

Lead Plaintiff submits that sufficient cause exists for the Court to allow an oversize reply 

brief in support of the Motion. First, the issues raised in the Motion are varied and complex. They 

involve application of a two-step analysis, the first step of which is the subject of the Motion and 

involves consideration of various factors. See In re Chaparral Energy, Inc., 571 B.R. 642 (Bankr. 

D. Del. 2017); In re Musicland Holding Corp., 362 B.R. 644 (Bankr. S.D.N.Y. 2007). Second, 

both the Debtors and the Official Committee of Tort Creditors (the “TCC”) have filed lengthy 

oppositions to the Motion. The Debtors’ opposition brief contains 23 pages of text and relies on 

three declarations and a request for judicial notice. [ECF 5369 – 5372, and 5374]. The TCC 

opposition (the “TCC Objection”) has 21 pages of text. [ECF 5373]. Perhaps more important 

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than the length of the TCC Objection is that it raises issues which, as addressed in more detail in 

the Reply, are both meritless and entirely unrelated to the Motion. 

Finally, in seeking the application of Bankruptcy Rule 7023 and eventual certification of 

the Class if the Motion is granted, the Motion is designed to protect and preserve the rights and 

claims of thousands of absent Class members, who will otherwise be without a remedy. 

Accordingly, Lead Plaintiff believes it is appropriate to request authority for its reply brief in 

support of the Motion to exceed the 15 pages of text allowed under Bankruptcy Local Rule 9013-

1(c). 

B. Notice 

Notice of this Application will be provided to the Standard Parties and the Rule 2002 

Parties, as those Parties are defined in Sections 5 and 6 of the Court’s Second Amended Order 

Implementing Certain Notice and Case Management Procedures. [ECF 1996]. Lead Plaintiff 

respectfully submits that no further notice is required. 

C. No Previous Request for Relief 

No previous request for the relief sought herein has been made by Lead Plaintiff in this or 

any other court. 

 CONCLUSION 

WHEREFORE, Lead Plaintiff respectfully requests entry of the Proposed Order 

authorizing it to file a Reply in excess of 15 pages of text, but not to exceed 25 pages of text 

(exclusive of any schedules or exhibits thereto and/or any declarations filed in connection 

therewith), and such other and further relief as the Court may deem just and proper. 

 [ signature page follows ] 

 

Case: 19-30088 Doc# 5447 Filed: 01/22/20 Entered: 01/22/20 14:38:46 Page 3 of

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Dated: January 22, 2020 

Respectfully submitted, 

LOWENSTEIN SANDLER LLP 

MICHELSON LAW GROUP 

By: /s/ Randy Michelson 

Randy Michelson (SBN 114095) 

Bankruptcy Counsel to Lead Plaintiff and the Class 

- and - 

LABATON SUCHAROW LLP

Lead Counsel to Lead Plaintiff and the Class 

- and - 

WAGSTAFFE, VON LOEWENFELDT, BUSCH 

& RADWICK, LLP 

Liaison Counsel for the Class

- and - 

ROBBINS GELLER RUDMAN & DOWD LLP 

Counsel for the Securities Act Plaintiffs 

- and - 

VANOVERBEKE, MICHAUD & TIMMONY, 

P.C.

Additional Counsel for the Securities Act Plaintiffs

Case: 19-30088 Doc# 5447 Filed: 01/22/20 Entered: 01/22/20 14:38:46 Page 4 of

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EXHIBIT A 

COUNSEL 

LOWENSTEIN SANDLER LLP 

Michael S. Etkin (Pro Hac Vice)

Andrew Behlmann 

Nicole Fulfree 

Colleen Maker 

Scott Cargill 

One Lowenstein Drive 

Roseland, New Jersey 07068 

Telephone 973-597-2500 

Facsimile 973-597-2333 

metkin@lowenstein.com 

abehlmann@lowenstein.com 

MICHELSON LAW GROUP 

Randy Michelson, Esq. (SBN 114095) 

220 Montgomery Street, Suite 2100 

San Francisco, CA 94104 

Telephone 415-512-8600 

Facsimile 415-512-8601 

randy.michelson@michelsonlawgroup.com 

Bankruptcy Counsel to Lead Plaintiff and the Class 

LABATON SUCHAROW LLP

Thomas A. Dubbs 

Louis Gottlieb 

Carol C. Villegas 

Jeffrey A. Dubbin (SBN 287199) 

Aram Boghosian 

140 Broadway 

New York, New York 10005 

Telephone 212-907-0700 

tdubbs@labaton.com 

lgottlieb@labaton.com 

cvillegas@labaton.com 

jdubbin@labaton.com 

aboghosian@labaton.com 

Lead Counsel to Lead Plaintiff and the Class 

WAGSTAFFE, VON LOEWENFELDT, 

BUSCH & RADWICK, LLP 

James M. Wagstaffe (SBN 95535) 

Frank Busch (SBN 258288) 

100 Pine Street, Suite 725 

San Francisco, California 94111 

Telephone 415-357-8900 

wagstaffe@wvbrlaw.com 

busch@wvbrlaw.com 

Liaison Counsel for the Class

ROBBINS GELLER RUDMAN & DOWD LLP 

Darren J. Robbins (SBN 168593) 

Brian E. Cochran (SBN 286202) 

655 West Broadway, Suite 1900 

San Diego, California 92101 

Telephone 619-231-1058 

darrenr@rgrdlaw.com 

bcochran@rgrdlaw.com 

ROBBINS GELLER RUDMAN & DOWD LLP 

Willow E. Radcliffe (SBN 200089) 

Kenneth J. Black (SBN 291871) 

Post Montgomery Center 

One Montgomery Street, Suite 1800 

San Francisco, California 94104 

Telephone 415-288-4545 

willowr@rgrdlaw.com 

kennyb@rgrdlaw.com 

VANOVERBEKE, MICHAUD & 

TIMMONY, P.C.

Thomas C. Michaud 

79 Alfred Street 

Detroit, Michigan 48201 

Telephone 313-578-1200 

tmichaud@vmtlaw.com 

Additional Counsel for the Securities Act Plaintiffs 

Case: 19-30088 Doc# 5447 Filed: 01/22/20 Entered: 01/22/20 14:38:46 Page 5 of

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EXHIBIT B 

RESERVATION OF RIGHTS 

The Application and any subsequent pleading, appearance, argument, claim, or suit 

made or filed by Lead Plaintiff, either individually or for the Class or any member thereof, 

do not, shall not, and shall not be deemed to: 

a. constitute a submission by Lead Plaintiff, either individually or for the Class 

or any member thereof, to the jurisdiction of the Bankruptcy Court; 

b. constitute consent by Lead Plaintiff, either individually or for the Class or any 

member thereof, to entry by the Bankruptcy Court of any final order or 

judgment, or any other order having the effect of a final order or judgment, 

in any non-core proceeding, which consent is hereby withheld unless, and 

solely to the extent, expressly granted in the future with respect to a specific 

matter or proceeding; 

c. waive any substantive or procedural rights of Lead Plaintiff or the Class or 

any member thereof, including but not limited to (a) the right to challenge the 

constitutional authority of the Bankruptcy Court to enter a final order or 

judgment, or any other order having the effect of a final order or judgment, 

on any matter; (b) the right to have final orders and judgments, and any other 

order having the effect of a final order or judgment, in non-core matters 

entered only after de novo review by a United States District Court judge; (c) 

the right to trial by jury in any proceedings so triable herein, in the Chapter 

11 Cases, including all adversary proceedings and other related cases and 

proceedings (collectively, “Related Proceedings”), in the Securities Litigation, 

or in any other case, controversy, or proceeding related to or arising from the 

Debtors, the Chapter 11 Cases, any Related Proceedings, or the Securities 

Litigation; (d) the right to seek withdrawal of the bankruptcy reference by a 

United States District Court in any matter subject to mandatory or 

discretionary withdrawal; or (e) all other rights, claims, actions, arguments, 

counterarguments, defenses, setoffs, or recoupments to which Lead Plaintiff 

or the Class or any member thereof are or may be entitled under agreements, 

at law, in equity, or otherwise, all of which rights, claims, actions, arguments, 

counterarguments, defenses, setoffs, and recoupments are expressly reserved. 

For the avoidance of doubt, Lead Plaintiff, on behalf of itself and the Class, does not, 

and will not impliedly, consent to this Court’s adjudication of the claims asserted against any 

Non-Debtor Defendants now or hereafter named in the Securities Litigation. 

Case: 19-30088 Doc# 5447 Filed: 01/22/20 Entered: 01/22/20 14:38:46 Page 6 of

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