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)

Text

1 HEFNER, STARK MAROIS, LLP 1 The ovant respectfully moves this Court for leave to file a late Ronald H. Sargis iVA BAV hA. o. 105173)

Thomas P. Griffin, Jr. (CA 3r A.-. o. 155133) 2 proof of claim pursuant to ederal Rules of Bankruptcy Procedure, Rulel 2150 River Plaza Drive, Suite 450 3 Sacramento, CA 95833-3883 3 9006(b) (1). The Movant's proof of claim, if allowed, will not unduly Telephone: (916) 925-6620 4 Fax No: (916) 925-1127 4 prejudice the Debtor and the delay in filing the Movant's proof of Attorney for Movant 5 claim will not substantially impact the judicial proceedings in either Karina Arellano 6 this Bankruptcy Court or the related state court action in which the 12 7 7 Debtor already is a named defendant. The Movant delayed in filing the 8 UNITED STATES BANKRUPTCY COURT 6 proof of claim to this motion as a result of excusable neglect caused 9 NORTHERN DISTRICT OF CALIFORNIA 9 by the following facts:

(San Francisco Division) t 205 10 On July 2, 2001, the Movant filed a first amended complaint for 3 116 In re Case No. 01-30923 DM 11 damages resulting from personal injuries in San Joaquin County 12 PACIFIC GAS & ELECTRIC Chapter 11 Case 12 Superior Court (State Court Action'), naming parties other than the COMPANY, a California corporation 3 81 13 Debtor as defendants. As a result of the investigation of an expert Debtor, Date: January 16, 2004 14 witness, the Movant learned for the first time in November of 2001 2

14 Time: 1:30 p.m. i CTRM: 22 15 that liability might exist on the part of the Debtor and Southern 16 Z 16 Pacific Rail Corporation (Southern Pacific'). After some additional NOTICE OF NOTION AND MOTION FOR I ,X 17 LEAVE TO FILE LATE PROOF OF CLAIM 17 investigation, the Movant added the Debtor as a doe defendant in the 18 2.3 NOTICE IS HEREBY GIVEN that on January 16, 2004, at 1:30' p.m., 18 State Court Action by a first amendment, to the first amended complaint 19 or as soon thereafter as the matter may be heard, a hearing will be 19 filed on May 21, 2002. On August 16, 2002, the Debtor was served as 15 20 held on the motion of Karina Arellano (Movant) for leave to file a 20 a defendant in the State Court Action.

21 claim in this Chapter 11 case after the bar date previously set by the 21 The Debtor responded by serving the Movant with a notice of 22 court. The motion will be heard in the United States Bankruptcy 22 filing voluntary petition and imposition of automatic stay on 23 Court, Courtroom 22, 235 Pine Street, 22nd Floor, San Francisco, 23 August 19, 2002. After some discussion, counsel for the Movant in the 24 California. 24 State Court Action sent a letter to the Debtor's counsel inquiring 25 Opposition, if any, to the motion must be filed and served on 25 about the Debtor's insurance coverage and requesting that the Debtor 26 counsel for the Movant at least fourteen (14) days before the hearing 26 stipulate for relief from the automatic stay. The Debtor did not 27 (no later than January 2, 2004). 27 respond until May 9, 2003, when counsel for the Debtor sent a letter 28 // 28 to counsel for the Movant in the State Court Action stating that the I 2 Nic MtnLv FileLate Claim NI Mtn LvFWeLate tlm CaseNo.01-30923 DM t^ ^ " _ ^

• Case No. 01-30923 DM tMl__l_tC-F _w_1b I

1 Movant needed to file a proof of claim. On May 27, 2003, counsel for 1 amount of damages, if any, that will be awarded to the Movant against 2 the Movant in the State Court Action received from the Debtor a copy 2 the Debtor in the state court action is uncertain. Accordingly, the 3 of the Notice of Deadline for Piling proofs of claim and a blank Proof 3 amount claimed in the Movant's proof of claim is unknown.

4 of Claim form. Counsel for the Movant in the State Court Action 4 5 completed the Proof of Claim form provided by Debtor and mailed it to 5 Dated: E 1i WO5 HEFNqR, STARK & MROIS, LLP 6 the court identified thereon, the District of Delaware. In early 6 By Ronald H. Sargis 7 August f 2003, 'counsel for the Movant in the State Court Action was 7 Thomas P. Griffin, Jr.

Attorney for Movant 8 contacted by an attorney for the Debtor who informed him that the . 8 Karina Arellano 9 claim form contained the wrong case reference and court name and that, 9 10 therefore, the claim had not been registered on behalf of the Movant. 10 11 The Debtor sent a second copy of the Proof of Claim form, this one 11 a

12 13 naming the appropriate bankruptcy court.

In late May of 2003, after receiving for the first time the I . 12 Notice of Deadline for Filing Proofs of Claim, counsel for the Movant ia 14 i 15 in the State Court Action retained an attorney who specializes inl 18 dII 16 bankruptcy matters for the purpose of preparing a motion for relief 16 X 17 from the automatic stay and a motion for leave to file late proof of 17l 18 claim. That bankruptcy attorney was retained in June of 2003. From 19 that time through mid-November, 2003, the bankruptcy attorney, despite 19 20 numerous requests, orally and in writing, from counsel for the Movant 20 21 in the State Court Action, failed to prepare and file the motions that 21 22 were requested. Accordingly, in mid-November, 2003, the Movant 22 23 retained new counsel to prepare this motion and the corresponding 23 24 motion for relief from the automatic stay. 24 25 Based on the foregoing, the Movant respectfully submits that 25 26 cause exists for allowing her to file a late proof of claim. The 26 27 1o/3 27 28 28

/// ' I~~~~~~~~

4 Nc Mtn Lv File Late Claim Nt Mtn Lv FileLate Claim Case No. 01-30923 M CM.No.013093 O CseNo.o.01 Case 1.092 O 30923 DM

1 HEFNER, STARK MAROIS, LLP 1 opposition, if any, to the motion must be filed and served on Ronald H. Sargis (CAm Am. o. osIX7) 2 Thomas P. Griffin, Jr. (CA N Aa. Na. 151) 2 counsel for the Movant, whose address is identified above, at least 2150 River Plaza Drive, Suite 450 3 Sacramento, CA 95833-3883 3 fourteen (14) days before the hearing (no later than January 2, 2004).

Telephone: (916) 925-6620 4 Fax No: (916) 925-1127 4 This motion is made pursuant to 11 U.S.C. section 362(d)on the 5 Attorney for Movant 5 grounds that cause exists for relief from the automatic stay based on Karina Arellano 6 6 the following facts: there are additional non-debtor defendants in the 7 7 state court action; the State Court Action concerns only state law 8 UNITED STATES BANKRUPTCY COURT 8 issues; the interests of judicial economy will best be served if the 9 NORTHERN DISTRICT OF CALIFORNIA 9 State Court Action is allowed to proceed; and maintaining the (San Francisco Division) 10 10 automatic stay would result in greater prejudice to the Movant than 11 In re Case No. 01-30923 DM 11 would result to the Debtor. The Movant has also filed a motion for 12 PACIFIC GAS & ELECTRIC Chapter 11 Case 12 leave to file a late proof of claim, which should be heard Q3 COMPANY, a California a.

corporation 13 simultaneously with this motion. If the motion for leave to file a Date: January 16, 2004 14 'Debtor, Time: 1:30 p.m. H 14 late proof of claim is not heard within. 30 days of filing or CTRM: 22 II 15 concurrently with the filing of this motion, the Movant waives her ca 16 NOTICE OF MOTION AND MOTION FOR 4 rights under 11 U.S.C. section 362(e) to have the motion for relief RELIEF FROM AUTOMATIC STAY 16 17 17 from automatic stay deemed granted.

NOTICE IS HEREBY GIVEN that on January 16, 2004, at 1:30 pm.,

18 18 The amount of damages, if any, that will be awarded to the Movant or as soon thereafter as the matter may be heard, a hearing will be 19 19 against the Debtor in the state court action is uncertain.

held on the motion of Karina Arellano ("Movant") for relief from the 20 20 Accordingly, the amount claimed in the Movant's proof of claim is automatic stay of 11 U.S. C. 362(a) to permit the Movant to 21 21 unknown.

liquidate the amount of her claim in her pending state court action 22 22 Dated: CS rhi HEFNER, R STARK & MAROIS, LLP against Pacific Gas & Electric Company ("Debtor") and others pending 23 23 24 in San Joaquin County Superior Court, Case No. CV018108, entitled 24 By l7 d Ronald H. Sargis 0P-Karina Arellano v. Maria Nuno. et al. ("State Court Action'). The Thomas P. Griffin, Jr.

25 25 Attorney for Movant motion will be heard in the United States Bankruptcy Court, Courtroom Karina Arellano 26 26 22, 235 Pine Street, 22nd Floor, San Francisco, California.

27 27 I//

28 28 1 2 Noice olMtnAuto Stay NobeofMintoStay Case No. 01-30923 DM Case o.0130923OM CaeNo.01-3023 CaseNo. O 01-30923 DM tR _b Z ^

I