ML033180086

Relief from Stay Cover Sheet

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) Bankruptcy No.: 01-30923 DM COMPANY, a California corporation ) R.S. No.:

) Hearing Date: November 26, 2003 P

) Time: 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 Chapter: II Prior hearings on this obligation: _Last Day to File §523/§727 Complaints:

(B) Description of personal property collateral (e.g. 1983 Ford Taurus):

Secured Creditor [ ] or lessor [ ]

Fair market value: Source of value:_

S Contract Balance: $__________ Pre-Petition Default: S5 Monthly Payment: S

$__________ No. of months:

Insurance Advance: 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 Pre-Petition Default: S $

As of (date): No. of months:

Mo. payment: $S Post-Petition Default: $S Notice of Default (date):_ No. of months:

Notice of Trustee's Sale:_ 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:_ e S S P

2 'd Trust Deed: 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)~~~

1 JENNIFER A. BECKER State Bar #121319 JUAN C. ARANEDA State Bar #213041 2 LONG & LEVIT LLP 601 Montgomery, Suite 900 3 San Francisco, CA 94111 TEL: (415) 397-2222 FAX: (415) 397-6392 4

Attorneys for Movants 5 CITY OF OAKLAND and PORT OF OAKLAND 6

7 8 UNITED STATES BANKRUPTCY COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 SAN FRANCISCO DIVISION 11 In re CASE No. 01-30923 DM PACIFIC GAS AND ELF'CTRIC 12 COMPANY, a California Corporation, Chapter 11 Case 13 Debtor. Judge: Hon. Dennis Montali 14 CITY OF OAKLAND AND PORT OF OAKLAND'S NOTICE OF MOTION AND 15 MOTION FOR RELIEF FROM AUTOMATIC STAY 16 Date: November 26, 2003 17 Time: 1:30 p.m.

Dept: 22 18 19 PLEASE TAKE NOTICE that on the above-indicated date and time, or as soon 20 thereafter as the matter may be heard, in Courtroom 22 of the above-referenced Court located at 21 235 Pine Street, San Francisco, California, City of Oakland and Port of Oakland ("Movants" 22 and/or "Oakland"), will and hereby do move this Court, pursuant to 1lU.S.C. §§ 105(a),

23 362(d)(1), 28 U.S.C. §1334(c), FederalRules of Bankruptcy Procedure,Rule 4001 and Local 24 Bankruptcy Rules, Rule 4001-1, for an order granting Movants relief from the automatic stay in 25 the above-captioned bankruptcy case in order to proceed with their state court indemnity cross-26 complaint, which is presently pending in the Superior Court of California, County of Alameda 27 (Case No. 2001-02398 1); for an order abstaining from hearing any matter on the merits of the 28 LONG &LEVIT LLP I 601 MONTGOMERY STREET SUITE 900 CITY OF OAKLAND AND PORT OF OAKLAND'S NOTICE OF MOTION AND MOTION FOR RELIEF FROM AUTOMATIC STAY -

SAN FRANCISCO CALIFORNIA 94111 CASE NO. 01.30923 DM 4415, 297.2222

KI,) K)J I underlying state court proceeding to which the debtor and Oakland are parties, in the interest of 2 justice, comity and respect for state law, and because the state court matter could not have been 3 commenced in a court of the United States. The state couii action is captioned Brotherhood of 4 Teamsters v. Cit' of Oakland, et al. and a cross-complaint was filed against the debtor on 5 October 9, 2003.

6 This Motion is based on the Notice and Motion, the attached Memorandum of 7 points and Authorities, the Declaration of Jennifer A. Becker and such other additional evidence 8 as the Court may properly consider prior to or at the hearing on this matter.

9 PLEASE TAKE FURTHER NOTICE that pursuant to Local Rule 4001-1(f) 10 respondent is not required to, but may, file objections to this motion. Any objections filed must 11 be serve on counsel for Movarits at the address listed at the top left-hand corner of this Notice.

12 the respondent is advised to appear personally or by counsel at the hearing.

13 Dated: October 2', 2003 LONG & LEVIT LLP 14 15 By JE FER A. BECKER 16 Att rneys for Movants CITY OF OAKLAND and PORT OF 17 OAKLAND 18 DOCS\S7268-01 1\467847.VI 19 20 21 22 23 24 25 26 27 28 LONG &LEVIT LLP 2

601MONTGOMERY STREET SUITE 900 CITY OF OAKLAND AND PORT OF OAKLAND'S NOTICE OF MOTION AND MOTION FOR RELIEF FROM AUTOMATIC STAY -

SAN FRANCISCO CALIFORNIA 94111 CASE NO. 01 30923 DM 14151397-2222