ML022940462
| ML022940462 | |
| Person / Time | |
|---|---|
| Site: | Diablo Canyon  |
| Issue date: | 10/11/2002 |
| From: | Schulman E Howard, Rice, Nemerovski, Canady, Falk & Rabkin, Pacific Gas & Electric Co |
| To: | Office of Nuclear Reactor Regulation, US Federal Judiciary, Bankruptcy Court, Northern District of California |
| References | |
| 01-30923 DM, 94-0742640 | |
| Download: ML022940462 (6) | |
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RXZ NEMY' 14 EUK AP.d. 15 16 In re PACIFIC GAS AND ELECTRIC COMPANY, a California corporation, Debtor.
Federal I.D. No. 94-0742640 Case No. 01-30923 DM Chapter 11 Case CORRECTED NOTICE OF ENTRY OF ORDER APPROVING STIPULATION VALUING CLAIM FOR FEASIBILITY PURPOSES ONLY AND MODIFYING AUTOMATIC STAY CORRECTED NOTICE OF ENTRY OF ORDER APPROVING STIPULATION JAMES L. LOPES (No. 63678)
JEFFREY L. SCHAFFER (No. 91404)
ETHAN P. SCHULMAN (No. 112466)
LINDA Q. FOY (No. 148764)
HOWARD, RICE, NEMEROVSKI, CANADY, FALK & RABKIN A Professional Corporation Three Embarcadero Center, 7th Floor San Francisco, California 94111-4065 Telephone:
415/434-1600 Facsimile:
415/217-5910 Attorneys for Debtor and Debtor in Possession PACIFIC GAS AND ELECTRIC COMPANY UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION 17 18 19 20 21 22 23 24 25 26 27 28 61-4aj ItI
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9 10 11 12 1iOVRD 13 "EA 14 E1RANUNI Ac,.*.* 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLEASE TAKE NOTICE that on October 2,2002, the above-captioned Bankruptcy Court filed its Order approving Stipulation Valuing Claim For Feasibility Purposes Only And Modifying Automatic Stay, a copy of which is attached as Exhibit 1.
DATED: October 11, 2002.
HOWARD, RICE, NEMEROVSKI, CANADY, FALK & RABKIN A Professional Corporation By: 1 V "ETHANP. SCM MN Attorneys for Debtor and Debtor In Possession PACIFIC GAS AND ELECTRIC COMPANY CORRECTED NOTICE OF ENTRY OF ORDER APPROVING STIPULATION a
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9 10 1I JAMES L. LOPES (No. 63678)
JEFFREY L. SCHAFFER (No. 91404)
ETHAN P. SCHULMAN (No. 112466)
LINDA Q. FOY (No. 148764)
HOWARD, RICE, NEMEROVSKI, CANADY,
< 1 FALK & RABKIN 0cr A Professional Corporation V1NEDs,0.s Three Embarcadero Center, 7th Floor Is San Francisco, California 94111-4065 Telephone:
415/434-1600 Facsimile:
415/217-5910.
Attorneys for Debtor and Debtor in Possession PACIFIC GAS AND ELECTRIC COMPANY UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF CALIFORNIA NORTHERN DIVISION 12 HOMMD 13 CMW(
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d, 15 16 17 18 19 20 21 22 23 24 25 26 PACIFIC GAS AND ELECTRIC COMPANY, a California corporation, Debtor.
Federal I.D. No. 94-0742640 Case No. 01-30923 DM Chapter II case
'STIPULATION AND [~?S~
ORDER VALUING CLAIM FOR FEASIBILITY PURPOSES ONLY AND MODIFYING AUTOMATIC STAY EXHIBIT 1 STIP. AND [PROPOSED] ORDER VALUING CLAIM AND MODIFYING AUTOMATIC STAY (CANNON)
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"22002 r CIt 5PjcCYCOUvar 27" 28
I RECITALS 2
A.
On August 22, 2001, Deanne L. Cannon ("Claimant"), filed an unsecured Proof 3
of Claim No. 4898 against the estate of Pacific Gas and Electric Company ("PG&E") in the 4
total amount of $10,000,000.00 (the "Claim"). The Claim is based upon on a charge of 5
discrimination filed by Claimant with the California Department of.Fair Employment and 6
Housing, which alleges discrimination on the basis of disability and retaliation.
7 B.
PG&E filed a voluntary petition under Chapter 11 of the Bankruptcy Code on 8
April 6, 2001 in the United States Bankruptcy Court for the Northern District of California.
9 C.
On December 11, 2001, Claimant filed a complaint for equitable relief and 10 damages against PG&E in the San Francisco Superior Court (the "Litigation").
11 D.
Pursuant to the automatic stay provisions of Section 362 of the Bankruptcy Code, 12 the Litigation is automatically stayed by virtue of the filing of PG&E's voluntary bankruptcy 13 petition.
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'2 14 15 STIPULATION 16 IT IS HEREBY STIPULATED BETWEEN THE PARTIES as follows:
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Solely for the purpose of determining the financial feasibility of the Plan of 18 Reorganization Under Chapter 11 of the Bankruptcy Code for Pacific Gas & Electric 19 Company (dated April 19, 2002) filed by PG&E and PG&E Corporation (the "PG&E Plan"),
20 pursuant to 11 U.S.C. §1 129(a)(1 1), the Claim shall be valued by the Court in the amount of 21
$1,000,000.00. This valuation shall be for feasibility purposes only, shall not determine or 22 affect the allowance of the Claim, and shall not be binding on or admissible in the Superior 23 Court in which the Litigation is pending. Debtor hereby waives any right it has under 11 24 U.S.C. §502(c) to have the above valuation made for purpose of allowance.
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The automatic stay of Section 362(a) of the Bankruptcy Code is modified 26 for the limited purpose of allowing Claimant to continue prosecuting the Litigation against 27 PG&E in the Superior Court to final judgment; provided, however, that nothing herein shall 28 be deemed to allow Claimant to enforce, collect, assess or recover any judgment or STIP. AND [PROPOSED] ORDER VALUING CLAIM AND MODIFYING AUTOMATIC STAY (CANNON) 1 2
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9 10 11 12 HOP&AM13 RICE 14ENUD 14 RH, 14
- 15 16 17 18 19 20 21 22 23 24 25 26 27 28 settlement against PG&E that may be entered in such action, other than pursuant to a properly filed proof of claim in the within Chapter 11 case, a confirmed plan of reorganization, and/or order of this Court.
DATED: October.__,2002 DATED: Qctober_ 2 2002 MAYO & ROGERS TERENCE 0. MpeO Attorneys for Claimant DEANNE L. CANNON HOWARD, RICE, NEMEROVSKI, CANADY, FALK & RABKIN A Pfna1 poa tion "By ETHAN'P. SCHULMAN Attorneys for Debtor and Debtor in Possession PACIFIC GAS AND ELECTRIC COMPANY STIP. AND [PROPOSED] ORDER VALUING CLAIM AND MODIFYING AUTOMATIC STAY (CANNON)
APPROVED:
DATED:.October
, 2002 MILBANK, TWEED, HADLEY & MeCLOY 2
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9 10 11 12 HOVAM 13 Zw 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WD 00202/1-1419968:BIOI/166/1026610/v2 STIP. AND [PROPOSED) ORDER VALUING CLAIM AND MODIFYING AUTOMATIC STAY (CANNON) By:
MICHAEL SOROIWIN 7
i Attorneys for OFFICIAL COId\\MITTEE OF UNSECURED CREDITORS "SO ORDERED this day of
- i(-k 2002:
HONORABLE DENNIS MONTALI UNITED STATES BANKRUPTCY JUDGE I