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Filed & Entered: United States Bankruptcy Court Central District of California Santa Ana Division
Filed & Entered: United States Bankruptcy Court Central District of California Santa Ana Division
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FOR COURT USE ONLY
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Attorney or Party Name, Address, Telephone & FAX Nos., State Bar No. & Email Address
Ron Bender (SBN 143364) Jacqueline L. Rodriguez (SBN 198838) Todd M. Arnold (SBN 221868) John-Patrick M. Fritz (SBN 245240) LEVENE, NEALE, BENDER, YOO & BRILL L.L.P. 10250 Constellation Blvd., Suite 1700 Los Angeles, CA 90067 Phone: (310) 229-1234 Fax: (310) 229-1244
Individual appearing without attorney Attorney for: Debtors and Debtors in Possession
DIVISION
CASE NO.: 8:10-bk-16743-TA jointly administered with 8:10-bk-16746-TA CHAPTER: 11
ORDER: GRANTING APPLICATION AND SETTING HEARING ON SHORTENED NOTICE DENYING APPLICATION FOR ORDER SETTING HEARING ON SHORTENED NOTICE [LBR 9075-1(b)]
Debtor(s).
1. Movant filed the following motion together with supporting declarations and (if any) supporting documents: a. Title of motion: Motion to Extend Time to Assume or Reject Nonresidential Real Property Leases Pursuant to 11 U.S.C. Sec. 365(d)(4) b. Date of filing of motion: September 10, 2010
2.
Pursuant to LBR 9075 -1(b), movant also filed an Application for Order Setting Hearing on Shortened Notice (Application) together with supporting declaration(s): a. Date of filing of Application: September 10, 2010
This form is optional. It has been approved for use by the United States Bankruptcy Court for the Central District of California. October 2009 Page 1
F 9075-1.2.ORDER
Case 8:10-bk-16743-TA
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a. b. (1)
The Application is denied. The motion may be brought on regular notice pursuant to LBRs. The Application is granted, and IT IS FURTHER ORDERED THAT: A hearing on the motion will take place as follows:
Place: 255 East Temple Street, Los Angeles, CA 90012 21041 Burbank Boulevard, Woodland Hills, CA 91367 3420 Twelfth Street, Riverside, CA 92501 411 West Fourth Street, Santa Ana, CA 92701 1415 State Street, Santa Barbara, CA 93101
(2)
No later than the deadlines given, telephonic notice of the hearing must be provided to all persons/entities listed: a. Deadlines: Date: 9/13/10 Time: 5:00 p.m. See attached page c. Telephonic notice is also required upon the United States trustee b. Persons/entities to be provided with telephonic notice: United States Trustee, counsel to the Committee, and affected Landlords
(3)
No later than the deadlines given, written notice of the hearing and a copy of this order must be served upon all persons/entities listed using: one of the methods checked all of the methods checked
a.
Personal Delivery
Overnight Mail
Facsimile*
Email*
This form is optional. It has been approved for use by the United States Bankruptcy Court for the Central District of California. October 2009 Page 2
F 9075-1.2.ORDER
Case 8:10-bk-16743-TA
b. Deadlines: Date: 9/13/10 Time: 5:00 p.m.
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c. Persons/entities to be served with written notice and a copy of this order: United States Trustee, counsel to the Committee, and affected Landlords
See attached page d. Service is also required upon: -- United States trustee (electronic service is not permitted) -- Judges Copy personally delivered to chambers (see Court Manual for address)
(4)
No later than the deadlines given, a copy of the motion, declarations, and supporting documents (if any), must be served on all persons/entities listed using: one of the methods checked all of the methods checked
a.
Personal Delivery
Overnight Mail
Facsimile*
Email*
See attached page d. Service is also required upon: -- United States trustee (no electronic service permitted) -- Judges Copy personally delivered to chambers (see Court Manual for address)
(5)
a.
Personal Delivery
Overnight Mail
Facsimile*
Email*
c. Persons/entities to be served with written opposition to the motion: -- movants attorney (or movant, if movant is not represented by an attorney)
d. Service is also required upon: -- United States trustee (electronic service is not permitted) -- Judges Copy personally delivered to chambers (see Court Manual for address)
(6)
Regarding a reply to an opposition: a reply to opposition may be made orally at the hearing. no later than the deadlines given, a written reply to an opposition must be filed with the court and served on all persons/entities listed using: one of the methods checked all of the methods checked
This form is optional. It has been approved for use by the United States Bankruptcy Court for the Central District of California. October 2009 Page 3
F 9075-1.2.ORDER
Case 8:10-bk-16743-TA
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Overnight Mail First Class Mail Facsimile*
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a.
Personal Delivery
Email*
c. Persons/entities to be served with written reply to opposition: -- All persons/entities who filed a written opposition
d. Service is also required upon: -- United States trustee (electronic service is not permitted) -- Judges Copy personally delivered to chambers (see Court Manual for address)
(7) (8)
Other requirements: No later than the deadlines given, movant must file a Declaration of Notice and Service establishing that telephonic notice, written notice, and service of the motion and this order was completed as set forth above, and a Judges Copy of the Declaration of Notice and Service must be personally delivered to the Judges chambers: at least 2 days before the Hearing. no later than:
Date: Time:
* Service by electronic means (facsimile or email) requires compliance with FRCP 5(b)(2)(E).
###
This form is optional. It has been approved for use by the United States Bankruptcy Court for the Central District of California. October 2009 Page 4
F 9075-1.2.ORDER
Case 8:10-bk-16743-TA
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Debtors. NOTE: When using this form to indicate service of a proposed order, DO NOT list any person or entity in Category I. Proposed orders do not generate an NEF because only orders that have been entered are placed on the CM/ECF docket.
CHAPTER 11 Case No. 8:10-bk-16743 Jointly Administered with Case No. 8:10-bk-16746
II. SERVED BY U.S. MAIL OR OVERNIGHT MAIL(indicate method for each person or entity served): On September 10, 2010, I served the following person(s) and/or entity(ies) at the last known address(es) in this bankruptcy case or adversary proceeding by placing a true and correct copy thereof in a sealed envelope in the United States Mail, first class, postage prepaid, and/or with an overnight mail service addressed as follows. Listing the judge here constitutes a declaration that mailing to the judge will be completed no later than 24 hours after the document is filed. Service by Overnight Mail Debtors Westcliff Medical Laboratories, Inc. BioLabs, Inc. 1821 E. Dyer Road, #100 Santa Ana, CA 92705 Counsel for Health Net, Inc.-RSN Pillsbury Winthrop Shaw Pittman LLP Attn: Mark D. Houle, Esq. NEF * 650 Town Center Drive, Suite 700 Costa Mesa, CA 92626-7122 RSN Rita A. Woodard Treasurer-Tax Collector 221 S. Mooney Blvd., Room 104-E Visalia, CA 93291-4593 RVS 110, LLC 210 S. GRAND AVE. STE 220 Glendora, CA 91741 Committee-RSN Benjamin Seigel/Jeffrey Garfinkle NEF * Buchalter Nemer 1000 Wilshire Boulevard, Suite 1500 Los Angeles, California 90017-2457 Frank Cadigan Nancy Goldenberg Terry Biers Office of the U.S. Trustee 411 West Fourth St. Suite 9041 Santa Ana, CA 92701 Steven A. Oldham, Sr. Staff Atty State of CA, Dept. of Health Care Services Office of Legal Services-MS 0010 P.O. Box 997413 Sacramento, CA 95899-7413 RSN Counsel to Creditor Google Scott E. Blakeley/Johnny White Blakeley & Blakeley 2 Park Plaza, Suite 400 Irvine, CA 92614 CAMARILLO PROFESSIONAL PARTNERS, Ltd. 1672 West Ave J. Suite 207 Lancaster, CA 93534
RSN Los Angeles County Treasurer and Tax Collector P.O. Box 54110 Los Angeles, CA 90054-0110 RSN Robert Brill, Of Counsel Grant Callison, VP Cambridge Healthcare Properties, Inc. 1717 Main Street, 59th Floor Dallas, TX 75201 LGSM LAGUNA HILLS, LLC, BBS LAGUNA HILLS, LLC, KITE HILL TOO, LLC, SILVER STREET, LLC AND GREENLAW LAGUNA HILLS, LLC P.O. BOX 60247 Los Angeles, CA 90060-0247
Case 8:10-bk-16743-TA
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GRETCHEN A. HETZLER, MD., INC 10861 CHERRY STREET SUITE 300 Los Alamitos, CA 90720
COMMUNITY HOSPITAL OF LOS GATOS, INC. P.O. BOX 845610 Dallas, TX 75284-5610
STEPHEN ANGEL, M.D. 320 SUPERIOR, SUITE 320 Newport Beach, CA 92663
Eisenhower Properties, Inc. 39000 Bob Hope Drive Rancho Mirage, CA 92270
TERRACINA PROPERTIES, LLC C/O RICHARD J.WILSON 1730 CANYON ROAD Redlands, CA 92373
SAMARITAN PROPERTIES, LLC 2581 SAMARITAN DRIVE # 300 San Jose, CA 95124
Shahram S. Gholami, MD, David M. Nudell, M.D. & Robert P. Panvini, M.D., aka Urology Associate of Silicon Valley 2581 SAMARITAN DRIVE, STE#200 San Jose, CA 95121
BSV MEDICAL OFFICE BUILDING II, LLC c/o G.L BRUNO ASSOC. INC 855 "M" STREET STE 1010 Fresno, CA 93721
I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct.
September 10, 2010
Date
This form is mandatory. It has been approved for use by the United States Bankruptcy Court for the Central District of California. January 2009
F 9013-3.1
Case 8:10-bk-16743-TA
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CHAPTER 11 Case No. 8:10-bk-16743 Jointly Administered with Case No. 8:10-bk-16746
Todd M Arnold [email protected] Richard L Barnett [email protected], [email protected] Ron Bender [email protected] Jennifer Witherell Crastz [email protected] Carol J Fogleman [email protected] John-patrick M Fritz [email protected] Jeffrey K Garfinkle [email protected], [email protected] Nancy S Goldenberg [email protected] D Edward Hays [email protected] Michael J Heyman [email protected] Mark D Houle [email protected] Andy Kong [email protected] Rodger M Landau [email protected], [email protected] Matthew A Lesnick [email protected] Michael B Lubic [email protected] Aram Ordubegian [email protected] Justin E Rawlins [email protected], [email protected] Jacqueline L Rodriguez [email protected] Benjamin Seigel [email protected], [email protected] David B Shemano [email protected] United States Trustee (SA) [email protected] Howard J Weg [email protected] Sharon Z Weiss [email protected] Joseph M Welch [email protected]
II. SERVED BY THE COURT VIA U.S. MAIL: A copy of this notice and a true copy of this judgment or order was sent by United States Mail, first class, postage prepaid, to the following person(s) and/or entity(ies) at the address(es) indicated below: Debtors Westcliff Medical Laboratories, Inc. BioLabs, Inc. 1821 E. Dyer Road, #100 Santa Ana, CA 92705 III. TO BE SERVED BY THE LODGING PARTY: Within 72 hours after receipt of a copy of this judgment or order which bears an Entered stamp, the party lodging the judgment or order will serve a complete copy bearing an Entered stamp by U.S. Mail, overnight mail, facsimile transmission or email and file a proof of service of the entered order on the following person(s) and/or entity(ies) at the address(es), facsimile transmission number(s) and/or email address(es) indicated below:
This form is mandatory. It has been approved for use by the United States Bankruptcy Court for the Central District of California.
January 2009
F 9021-1.1