In re Pacific Gas & Electric Co.

MEMORANDUM DECISION ON MOTION TO VACATE ENFORCEMENT ORDER

I. Introduction

The City of Oakland (“City”) filed a motion (the “Motion To Vacate”) for an *917 order vacating the Order Enforcing Order Confirming PG & E’s Plan of Reorganization (the “Enforcement Order”) entered on September 3, 2004. Debtor, Pacific Gas & Electric Company (“PG & E”), opposed the Motion To Vacate. The court held a hearing on April 25, 2005, and appearances were noted on the record. During the course of that hearing the court indicated to counsel for City that its complaint in the Motion To Vacate about PG & E’s failure to serve its Omnibus Motion To Enforce Order Confirming PG & E’s Plan of Reorganization (“Motion To Enforce”) filed on July 29, 2004, was well taken and that the court would grant the Motion To Vacate as long as City could show that it had a meritorious defense to the Motion To Enforce.

City was given time to submit proof that its failure to file a proof of claim based upon its cross-complaint for indemnity and contribution against PG & E in Dickinson, et al. v. PG & E, et al., Alameda County Superior Court No. 830495-5 (the “State Court Action”), was the result of excusable neglect. On…