ML033630767

Notice of Motion and Motion for Leave to File Late Proof of Claim

ML033630767
Person / Time
Site:	Diablo Canyon
Issue date:	12/17/2003
From:	Griffin T Hefner, Stark & Marois, LLP
To:	Office of Nuclear Reactor Regulation, US Federal Judiciary, Bankruptcy Court, Northern District of California
References
01-30923 DM
Download: ML033630767 (3)

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14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 HEFNER, STARK

MAROIS, LLP Ronald H. Sargis iVA BAV hA.

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Thomas P. Griffin, Jr.

(CA 3r A.-.

o. 155133) 2150 River Plaza Drive, Suite 450 Sacramento, CA 95833-3883 Telephone: (916) 925-6620 Fax No: (916) 925-1127 Attorney for Movant Karina Arellano UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF CALIFORNIA (San Francisco Division)

In re PACIFIC GAS & ELECTRIC COMPANY, a California corporation

Debtor, Case No.

01-30923 DM Chapter 11 Case Date:

January 16, 2004 Time:

1:30 p.m.

CTRM:

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10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The ovant respectfully moves this Court for leave to file a late proof of claim pursuant to ederal Rules of Bankruptcy Procedure, Rulel 9006(b) (1).

The Movant's proof of claim, if allowed, will not unduly prejudice the Debtor and the delay in filing the Movant's proof of claim will not substantially impact the judicial proceedings in either this Bankruptcy Court or the related state court action in which the Debtor already is a named defendant. The Movant delayed in filing the proof of claim to this motion as a result of excusable neglect caused by the following facts:

On July 2, 2001, the Movant filed a first amended complaint for damages resulting from personal injuries in San Joaquin County Superior Court (State Court Action'), naming parties other than the Debtor as defendants. As a result of the investigation of an expert witness, the Movant learned for the first time in November of 2001 that liability might exist on the part of the Debtor and Southern Pacific Rail Corporation (Southern Pacific'). After some additional investigation, the Movant added the Debtor as a doe defendant in the State Court Action by a first amendment, to the first amended complaint filed on May 21, 2002.

On August 16, 2002, the Debtor was served as a defendant in the State Court Action.

The Debtor responded by serving the Movant with a notice of filing voluntary petition and imposition of automatic stay on August 19, 2002. After some discussion, counsel for the Movant in the State Court Action sent a letter to the Debtor's counsel inquiring about the Debtor's insurance coverage and requesting that the Debtor stipulate for relief from the automatic stay.

The Debtor did not respond until May 9, 2003, when counsel for the Debtor sent a letter to counsel for the Movant in the State Court Action stating that the NOTICE OF NOTION AND MOTION FOR LEAVE TO FILE LATE PROOF OF CLAIM NOTICE IS HEREBY GIVEN that on January 16, 2004, at 1:30' p.m.,

or as soon thereafter as the matter may be heard, a hearing will be held on the motion of Karina Arellano (Movant) for leave to file a claim in this Chapter 11 case after the bar date previously set by the court.

The motion will be heard in the United States Bankruptcy Court, Courtroom 22, 235 Pine Street, 22nd Floor, San Francisco, California.

Opposition, if any, to the motion must be filed and served on counsel for the Movant at least fourteen (14) days before the hearing (no later than January 2, 2004).

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On May 27, 2003, counsel for the Movant in the State Court Action received from the Debtor a copy of the Notice of Deadline for Piling proofs of claim and a blank Proof of Claim form.

Counsel for the Movant in the State Court Action completed the Proof of Claim form provided by Debtor and mailed it to the court identified thereon, the District of Delaware.

In early August f 2003, 'counsel for the Movant in the State Court Action was contacted by an attorney for the Debtor who informed him that the claim form contained the wrong case reference and court name and that, therefore, the claim had not been registered on behalf of the Movant.

The Debtor sent a second copy of the Proof of Claim form, this one naming the appropriate bankruptcy court.

In late May of 2003, after receiving for the first time the Notice of Deadline for Filing Proofs of Claim, counsel for the Movant in the State Court Action retained an attorney who specializes inl bankruptcy matters for the purpose of preparing a motion for relief from the automatic stay and a motion for leave to file late proof of claim.

That bankruptcy attorney was retained in June of 2003.

From that time through mid-November, 2003, the bankruptcy attorney, despite numerous requests, orally and in writing, from counsel for the Movant in the State Court Action, failed to prepare and file the motions that were requested.

Accordingly, in mid-November, 2003, the Movant retained new counsel to prepare this motion and the corresponding motion for relief from the automatic stay.

Based on the foregoing, the Movant respectfully submits that cause exists for allowing her to file a late proof of claim. The 1o/3

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18 16 17l 19 20 21 22 23 24 25 26 27 28 amount of damages, if any, that will be awarded to the Movant against the Debtor in the state court action is uncertain. Accordingly, the amount claimed in the Movant's proof of claim is unknown.

Dated:

E 1i WO5 HEFNqR, STARK & MROIS, LLP By Ronald H. Sargis Thomas P. Griffin, Jr.

Attorney for Movant Karina Arellano 4

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HEFNER, STARK

MAROIS, LLP Ronald H. Sargis (CA m Am.

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Thomas P. Griffin, Jr. (CA N Aa. Na. 151) 2150 River Plaza Drive, Suite 450 Sacramento, CA 95833-3883 Telephone: (916) 925-6620 Fax No: (916) 925-1127 Attorney for Movant Karina Arellano UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF CALIFORNIA (San Francisco Division)

In re PACIFIC GAS & ELECTRIC COMPANY, a California corporation

'Debtor, Case No.

01-30923 DM Chapter 11 Case Date:

January 16, 2004 Time:

1:30 p.m.

CTRM:

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16 17 18 19 20 2 1 22 23 24 25 26 27 28 opposition, if any, to the motion must be filed and served on counsel for the Movant, whose address is identified above, at least fourteen (14) days before the hearing (no later than January 2, 2004).

This motion is made pursuant to 11 U.S.C. section 362(d)on the grounds that cause exists for relief from the automatic stay based on the following facts: there are additional non-debtor defendants in the state court action; the State Court Action concerns only state law issues; the interests of judicial economy will best be served if the State Court Action is allowed to proceed; and maintaining the automatic stay would result in greater prejudice to the Movant than would result to the Debtor.

The Movant has also filed a motion for leave to file a late proof of claim, which should be heard simultaneously with this motion.

If the motion for leave to file a late proof of claim is not heard within. 30 days of filing or concurrently with the filing of this motion, the Movant waives her rights under 11 U.S.C. section 362(e) to have the motion for relief from automatic stay deemed granted.

The amount of damages, if any, that will be awarded to the Movant against the Debtor in the state court action is uncertain.

Accordingly, the amount claimed in the Movant's proof of claim is unknown.

Dated:

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HEFNER, STARK & MAROIS, LLP By l 7 0P d

Ronald H. Sargis Thomas P. Griffin, Jr.

Attorney for Movant Karina Arellano NOTICE OF MOTION AND MOTION FOR RELIEF FROM AUTOMATIC STAY NOTICE IS HEREBY GIVEN that on January 16, 2004, at 1:30 pm.,

or as soon thereafter as the matter may be heard, a hearing will be held on the motion of Karina Arellano ("Movant") for relief from the automatic stay of 11 U.S. C.

362(a) to permit the Movant to liquidate the amount of her claim in her pending state court action against Pacific Gas & Electric Company ("Debtor") and others pending in San Joaquin County Superior Court, Case No. CV018108, entitled Karina Arellano v. Maria Nuno. et al. ("State Court Action').

The motion will be heard in the United States Bankruptcy Court, Courtroom 22, 235 Pine Street, 22nd Floor, San Francisco, California.

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