In re: PG&E Corporation et al v. Fire Victum Trust et al

Filing 35

ORDER by Judge Haywood S. Gilliam, Jr. Granting 34 Stipulation Re Docket Nos. 30 and 26 .. (ndrS, COURT STAFF) (Filed on 10/14/2020)

Case 4:20-cv-05414-HSG Document 35 Filed 10/14/20 Page 1 of 6

BROWN RUDNICK LLP

1 David J. Molton (SBN 262075)
2 ([e-mail])
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Eric R. Goodman (pro hac vice pending)
([e-mail])
Marek P. Krzyzowski (pro hac vice pending)
([e-mail])
Seven Times Square
New York, New York 10036
Telephone: [phone]
Facsimile: [phone]

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BROWN RUDNICK LLP

8 Joel S. Miliband (SBN 077438)
9 ([e-mail])

2211 Michelson Drive, Seventh Floor
10 Irvine, California 92612
Telephone: [phone]
11 Facsimile: [phone]
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Attorneys for Fire Victim Trustee

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MACCONAGHY & BARNIER, PLC
John H. MacConaghy (SBN 83684)
645 First St. West, Suite D
Sonoma, CA 95476
Telephone: [phone]
Facsimile: 707.935.7051
Email: [e-mail]
Special Counsel for Official Committee
of Tort Claimants

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
OAKLAND DIVISION

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PARADISE UNIFIED SCHOOL

18 DISTRICT, ET AL,
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Appellants,

Case No. 20-cv-05414 (HSG)
Bankruptcy Case No. 19-30088 (DM)

20 v.
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FIRE VICTIM TRUST, ET AL,

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Appellees.

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JOINT STIPULATION
AND ORDER SCHEDULING
BRIEFING ON MOTION TO
DISMISS APPEAL
Judge: Hon. Haywood S. Gilliam, Jr.

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STIPULATION AND ORDER
SCHEDULING HEARING

CASE NO. 20-cv-05414 (HSG)

Case 4:20-cv-05414-HSG Document 35 Filed 10/14/20 Page 2 of 6

Appellees, the Honorable John K. Trotter (Ret.), as trustee of the Fire Victim

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2 Trust (the “Trustee”), and the Official Committee of Tort Claimants (the “TCC”),
3 and Appellants, Adventist Health System/West and Feather River Hospital d/b/a
4 Adventist Health Feather River (each a California nonprofit religious corporation);
5 Paradise Unified School District, Northern Recycling and Waste Services,
6 LLC/Northern Holdings, LLC, and Napa County Recycling & Waste Services,
7 LLC/Napa Recycling & Waste Services, LLC; and Comcast Cable Communications,
8 LLC and all affiliates, hereby stipulate as follows:

WHEREAS, the Trustee and the TCC filed the Joint Motion of the Fire Victim

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10 Trustee and the Official Committee of Tort Claimants to Dismiss as Moot the Appeal
11 of Paradise Unified School District, et al. on October 2, 2020 (the “Motion to
12 Dismiss”) [Docket No. 26];

WHEREAS, the Motion to Dismiss is currently set to be heard on January 7,

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14 2021, Appellants must file any response to the Motion to Dismiss by October 16,
15 2020, and Appellees must file any reply to Appellants’ response by October 23,
16 2020;
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WHEREAS, the parties submitted a proposed Joint Stipulation and Proposed

18 Order Scheduling Hearing On Motion To Dismiss Appeal on October 7, 2020 (the
19 “Proposed Stipulation”) [Docket No. 29] seeking to schedule the hearing on the
20 Motion to Dismiss to be heard at the October 29, 2020 hearing along with three other
21 motions to dismiss filed by the Reorganized Debtors in connection with appeals
22 taken of the Confirmation Order, and scheduling a briefing schedule on the Motion
23 to Dismiss;
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WHEREAS, the Court denied the proposed Stipulation on October 9, 2020

25 [Docket No. 30];
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WHEREAS, the parties submit that a short extension of the current briefing

27 schedule in light of the current hearing date of January 7, 2021, would be appropriate
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ORDER
SCHEDULING HEARING

CASE NO. 20-cv-05414 (HSG)

Case 4:20-cv-05414-HSG Document 35 Filed 10/14/20 Page 3 of 6

1 to ensure the most effective and efficient presentation of the issues for the Court’s
2 consideration.
3 IT IS HEREBY STIPULATED:
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1.

Appellants must file any response to the Motion to Dismiss by October

5 30, 2020.
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2.

Appellees must file any reply to Appellants’ response to the Motion to

7 Dismiss by November 20, 2020.
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STIPULATION AND ORDER
SCHEDULING HEARING

CASE NO. 20-cv-05414 (HSG)

Case 4:20-cv-05414-HSG Document 35 Filed 10/14/20 Page 4 of 6

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DATED: October 13, 2020

BROWN RUDNICK LLP

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By:/s/ David J. Molton
David J. Molton

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Counsel to the Fire Victim Trustee

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MACCONAGHY & BARNIER, PLC
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By:/s/ John H. MacConaghy
John H. MacConaghy

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Special Counsel for Official Committee of Tort
Claimants

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WILMER CUTLER PICKERING HALE
AND DORR LLP

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By:/s/ Craig Goldblatt
Craig Goldblatt

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Counsel to the Comcast Cable
Communications, LLC and all affiliates

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NORTON ROSE FULBRIGHT US LLP

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By: /s/ Rebecca J. Winthrop
Rebecca J. Winthrop

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Attorneys for Adventist Health System/West
and Feather River Hospital d/b/a Adventist
Health Feather River

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STIPULATION AND ORDER
SCHEDULING HEARING

CASE NO. 20-cv-05414 (HSG)

Case 4:20-cv-05414-HSG Document 35 Filed 10/14/20 Page 5 of 6

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REED SMITH LLP

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By: /s/ David E. Weiss
David E. Weiss

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Attorneys for Paradise Unified School
District, Northern Recycling and Waste
Services, LLC/Northern Holdings, LLC
and Napa County Recycling and Waste
Services, LLC/ Napa Recycling and Waste
Services, LLC

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Pursuant to Local Rule 5-1(i)(3), I, David J. Molton, attest that concurrence in filing
this document has been obtained from the other signatories.

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15 Brown Rudnick LLP
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/s/ David J. Molton
David J. Molton

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STIPULATION AND ORDER
SCHEDULING HEARING

CASE NO. 20-cv-05414 (HSG)

Case 4:20-cv-05414-HSG Document 35 Filed 10/14/20 Page 6 of 6

ORDER

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WHEREAS, on October [13], 2020, Appellees and Appellants filed the Joint

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3 Stipulation and Proposed Order Scheduling Briefing on Motion to Dismiss (the
4 “Stipulation”) requesting a short extension of the briefing schedule on the Motion to
5 Dismiss;

For the reasons set forth in the Stipulation, and good cause appearing therefor,

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1. Appellants must file any response to the Motion to Dismiss by October 30,

8 2020.
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2. Appellees must file any reply to Appellants’ response to the Motion to Dismiss

10 by November 20, 2020.
11 IT IS SO ORDERED.
12 Dated: October 14, 2020
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____________________________________
The Honorable Haywood S. Gilliam, Jr.

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United States District Judge

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ORDER
SCHEDULING HEARING

CASE NO. 20-cv-05414 (HSG)