ML033180086
| ML033180086 | |
| Person / Time | |
|---|---|
| Site: | Diablo Canyon  |
| Issue date: | 10/23/2003 |
| From: | Becker J City of Oakland, CA, Port of Oakland, CA |
| To: | Office of Nuclear Reactor Regulation, US Federal Judiciary, Bankruptcy Court, Northern District of California |
| References | |
| 01-30923 DM | |
| Download: ML033180086 (3) | |
Text
K)j UNITED STATES BANKRUPTCY COURT Northern District of California In re: In re PACIFIC GAS AND ELECTRIC)
COMPANY, a California corporation )
)
)
Bankruptcy No.:
R.S. No.:
Hearing Date:
Time:
01-30923 DM November 26, 2003 P
1:30 p.m.
Debtor(s)
)
Relief From Stay Cover Sheet Instructions: Complete caption and Section A for all motions. Complete Section B for mobile homes, motor vehicles, and personal property. Complete Section C for real property. Utilize Section C as necessary. If moving party is not a secured creditor, briefly summarize the nature of the motion in Section D.
(I)
Date Petition Filed: April 6,2001 Prior hearings on this obligation:
Chapter: II
_Last Day to File §523/§727 Complaints:
(B)
Description of personal property collateral (e.g. 1983 Ford Taurus):
Secured Creditor [
Fair market value:
Contract Balance:
Monthly Payment:
Insurance Advance:
] or lessor [ ]
S S
Source of value:_
Pre-Petition Default:
S5 No. of months:
Post-Petition Default:
S_
No. of months:
(C)
Description of real property collateral (e.g. Single family residence, Oakland, CA):
Fair market value: S Source of value:_
If appraisal, date:_
Moving Party's position (first trust deed, second, abstract, etc.):
Approx. Bal.
S 5
As of (date):
Mo. payment:
$S Notice of Default (date):_
Notice of Trustee's Sale:_
Pre-Petition Default:
S No. of months:
Post-Petition Default:
$S No. of months:
Advances Senior Liens:
5 Specify name and status of other liens and encumbrances, if known (e.g. trust deeds, tax liens, etc.):
Position Amount Mo. Payment Defaults 1" Trust Deed:_
2'd Trust Deed:
eP S
S S
(Total) S_
S S
(4)
Other pertinent information: Movants CITY OF OAKLAND and PORT OF OAKLAND are defendants in the case of Brotherhood of Teamsters And Auto Truck Drivers Local No. 70 v. City of Oakland et al. currently pending in Alameda County Superior Court, Case no.2001-023981. Movants seek relief from stay to pursue a cross-complaint against PG&E for indemnity and declaratory relief.
D ated: 1 O.
I Signature
/Jennifer A. Becker Print or Type Name Attorney for City of Oakland and Port of Oakland 5
1 CANB Documents Northern District of California
K)
K)~~~
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9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 LONG & LEVIT LLP 601 MONTGOMERY STREET SUITE 900 SAN FRANCISCO CALIFORNIA 94111 4415, 297.2222 JENNIFER A. BECKER State Bar #121319 JUAN C. ARANEDA State Bar #213041 LONG & LEVIT LLP 601 Montgomery, Suite 900 San Francisco, CA 94111 TEL: (415) 397-2222 FAX: (415) 397-6392 Attorneys for Movants CITY OF OAKLAND and PORT OF OAKLAND In re PACIFIC GAS AND ELF COMPANY, a California UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION CASE No. 01-30923 DM
'CTRIC Corporation, Chapter 11 Case Debtor.
Judge:
Hon. Dennis Montali CITY OF OAKLAND AND PORT OF OAKLAND'S NOTICE OF MOTION AND MOTION FOR RELIEF FROM AUTOMATIC STAY Date:
November 26, 2003 Time:
1:30 p.m.
Dept:
22 PLEASE TAKE NOTICE that on the above-indicated date and time, or as soon thereafter as the matter may be heard, in Courtroom 22 of the above-referenced Court located at 235 Pine Street, San Francisco, California, City of Oakland and Port of Oakland ("Movants" and/or "Oakland"), will and hereby do move this Court, pursuant to 1 lU.S.C. §§ 105(a),
362(d)(1), 28 U.S.C. § 1334(c), Federal Rules of Bankruptcy Procedure, Rule 4001 and Local Bankruptcy Rules, Rule 4001-1, for an order granting Movants relief from the automatic stay in the above-captioned bankruptcy case in order to proceed with their state court indemnity cross-complaint, which is presently pending in the Superior Court of California, County of Alameda (Case No. 2001-02398 1); for an order abstaining from hearing any matter on the merits of the I
CITY OF OAKLAND AND PORT OF OAKLAND'S NOTICE OF MOTION AND MOTION FOR RELIEF FROM AUTOMATIC STAY -
CASE NO. 01.30923 DM
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10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 LONG & LEVIT LLP 601 MONTGOMERY STREET SUITE 900 SAN FRANCISCO CALIFORNIA 94111 14151 397-2222 underlying state court proceeding to which the debtor and Oakland are parties, in the interest of justice, comity and respect for state law, and because the state court matter could not have been commenced in a court of the United States. The state couii action is captioned Brotherhood of Teamsters v. Cit' of Oakland, et al. and a cross-complaint was filed against the debtor on October 9, 2003.
This Motion is based on the Notice and Motion, the attached Memorandum of points and Authorities, the Declaration of Jennifer A. Becker and such other additional evidence as the Court may properly consider prior to or at the hearing on this matter.
PLEASE TAKE FURTHER NOTICE that pursuant to Local Rule 4001-1(f) respondent is not required to, but may, file objections to this motion. Any objections filed must be serve on counsel for Movarits at the address listed at the top left-hand corner of this Notice.
the respondent is advised to appear personally or by counsel at the hearing.
Dated: October 2', 2003 LONG & LEVIT LLP By JE FER A. BECKER Att rneys for Movants CITY OF OAKLAND and PORT OF OAKLAND DOCS\\S7268-01 1\\467847.VI 2
CITY OF OAKLAND AND PORT OF OAKLAND'S NOTICE OF MOTION AND MOTION FOR RELIEF FROM AUTOMATIC STAY -
CASE NO. 01 30923 DM