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Case 8:10-bk-16743-TA

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FILED & ENTERED


1 2 3 4 5 6 7 8 9 10 11 12 Attorneys for Creditor Roche Diagnostics Corporation 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
LA/393613.1

Aram Ordubegian (SBN 185142) Andy Kong (SBN 243933) ARENT FOX LLP Gas Company Tower 555 West Fifth Street, 48th Floor Los Angeles, CA 90013 Telephone 213-629-7410; Facsimile 213-629-7401 Email: [email protected] David M. Powlen (admitted pro hac vice) BARNES & THORNBURG LLP 1000 N. West Street, Suite 1200 Wilmington, DL 19801-1058 Telephone 302-888-4536; Facsimile 302-295-4801 Email: [email protected] Timothy S. McFadden (admitted pro hac vice) BARNES & THORNBURG LLP 1 North Wacker Drive, Suite 4400 Chicago, Illinois 60606 Telephone 312-357-1313; Facsimile 312-759-5646 Email: [email protected]

FEB 04 2011
CLERK U.S. BANKRUPTCY COURT Central District of California BY daniels DEPUTY CLERK

UNITED STATES BANKRUPTCY COURT CENTRAL DISTRICT OF CALIFORNIA SANTA ANA DIVISION Lead Case No. 8:10-bk-16743-TA In re: WESTCLIFF MEDICAL LABORATORIES, INC., Debtor. ORDER APPROVING STIPULATION CONTINUING HEARING ON MOTION OF ROCHE DIAGNOSTICS CORPORATION FOR ENTRY OF AN ORDER ALLOWING AND DIRECTING PAYMENT OF AN Debtor. ADMINISTRATIVE EXPENSE PURSUANT TO 11 U.S.C. 503(b)(9) [Jointly Administered with Case No. 8:10-bk-16746-TA] Chapter 11

BIOLABS, INC.,

Case 8:10-bk-16743-TA

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1 [x] Affects both Debtors. 2 3 4 5 Continued Hearing Date: 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ### 22 23 24 DATED: February 4, 2011 25 26 27 28
LA/393613.1
United States Bankruptcy Judge

Current Hearing Date: Date: Time: Place: February 9, 2011 10:00 a.m. Courtroom 5B 411 West Fourth Street Santa Ana, CA 92701

Date: Time: Place:

March 1, 2011 10:00 a.m. Courtroom 5B 411 West Fourth Street Santa Ana, CA 92701

The Court, having considered the Stipulation Continuing Hearing on Motion of Roche Diagnostics Corporation for Entry of an Order Allowing and Directing Payment of an Administrative Expense Pursuant to 11 U.S.C. 503(b)(9) (the Stipulation), and for good cause appearing: IT IS HEREBY ORDERED that; 1. 2. The Stipulation is GRANTED. The hearing on Roche Diagnostics Corporations Motion for Entry of an Order

Allowing and Directing Payment of an Administrative Expense Pursuant to 11 U.S.C. 509(b) [Docket No. 296] is hereby continued to March 1, 2011 at 10:00a..m.

-2-

Case 8:10-bk-16743-TA

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CHAPTER 11 Debtor(s).

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In re: WESTCLIFF MEDICAL LABORATORIES, INC. and BIOLABS, INC.,

CASE NUMBER 8:10-bk-16743-TA

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.

PROOF OF SERVICE OF DOCUMENT


I am over the age of 18 and not a party to this bankruptcy case or adversary proceeding. My business address is: Arent Fox LLP, Gas Company Tower, 555 West Fifth Street, 48th Floor, Los Angeles, CA 90013. A true and correct copy of the foregoing document described [PROPOSED] ORDER APPROVING STIPULATION CONTINUING HEARING ON MOTION OF ROCHE DIAGNOSTICS CORPORATION FOR ENTRY OF AN ORDER ALLOWING AND DIRECTING PAYMENT OF AN ADMINISTRATIVE EXPENSE PURSUANT TO 11 U.S.C. 503(b)(9) will be served or was served (a) on the judge in chambers in the form and manner required by LBR 5005-2(d); and (b) in the manner indicated below: I. TO BE SERVED BY THE COURT VIA NOTICE OF ELECTRONIC FILING (NEF) Pursuant to controlling General Order(s) and Local Bankruptcy Rule(s) (LBR), the foregoing document will be served by the court via NEF and hyperlink to the document. On_______I checked the CM/ECF docket for this bankruptcy case or adversary proceeding and determined that the following person(s) are on the Electronic Mail Notice List to receive NEF transmission at the email address(es) indicated below: Service information continued on attached page

II. SERVED BY U.S. MAIL OR OVERNIGHT MAIL(indicate method for each person or entity served): On January 24, 2011 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. VIA U.S. MAIL Honorable Theodor C. Albert U.S. Bankruptcy Court 411 W. Forth Street, Suite 5085 Santa Ana, CA 92701-4593 Service information continued on attached page

III. SERVED BY PERSONAL DELIVERY, FACSIMILE TRANSMISSION OR EMAIL (indicate method for each person or entity served): Pursuant to F.R.Civ.P. 5 and/or controlling LBR, on January 24, 2011 I served the following person(s) and/or entity(ies) by personal delivery, or (for those who consented in writing to such service method), by facsimile transmission and/or email as follows. Listing the judge here constitutes a declaration that personal delivery on the judge will be completed no later than 24 hours after the document is filed.

Service information continued on attached page I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. January 24, 2011 Date
January 2009

SIMONA FILIP Type Name

/s/ Simona Filip Signature

This form is mandatory. It has been approved for use by the United States Bankruptcy Court for the Central Distri ct of California.

F 9013-3.1

Case 8:10-bk-16743-TA

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CHAPTER 11 Debtor(s).

Desc

In re: WESTCLIFF MEDICAL LABORATORIES, INC. and BIOLABS, INC.,

CASE NUMBER 8:10-bk-16743-TA

III.

SERVED BY EMAIL:

Nancy S Goldenberg on behalf of U.S. Trustee United States Trustee (SA) [email protected] Attorneys for Debtors Ron Bender [email protected] Anthony A Friedman [email protected] Jacqueline Rodriguez [email protected] Todd Arnold [email protected] John-Patrick Fritz [email protected] Jacqueline L Rodriguez [email protected] Attorney for Creditor Committee Jeffrey K Garfinkle [email protected] Benjamin Seigel [email protected]

This form is mandatory. It has been approved for use by the United States Bankruptcy Court for the Central Distri ct of California. January 2009

F 9013-3.1

Case 8:10-bk-16743-TA

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CHAPTER 11 Debtor(s).

Desc

In re: WESTCLIFF MEDICAL LABORATORIES, INC. and BIOLABS, INC.,

CASE NUMBER 8:10-bk-16743-TA

NOTE TO USERS OF THIS FORM: 1) Attach this form to the last page of a proposed Order or Judgment. Do not file as a separate document.
2) The title of the judgment or order and all service information must be filled in by the party lodging the order. 3) Category I. below: The United States trustee and case trustee (if any) will always be in this category. 4) Category II. below: List ONLY addresses for debtor (and attorney), movant (or attorney) and person/entity (or attorney) who filed an opposition to the requested relief. DO NOT list an address if person/entity is listed in category I.

NOTICE OF ENTERED ORDER AND SERVICE LIST


Notice is given by the court that a judgment or order entitled (specify ENTERED ORDER APPROVING

STIPULATION CONTINUING HEARING ON MOTION OF ROCHE DIAGNOSTICS CORPORATION FOR ENTRY OF AN ORDER ALLOWING AND DIRECTING PAYMENT OF AN ADMINISTRATIVE EXPENSE PURSUANT TO 11 U.S.C. 503(b)(9) was entered on the date indicated as "Entered" on the first
page of this judgment or order and will be served in the manner indicated below:

I. SERVED BY THE COURT VIA NOTICE OF ELECTRONIC FILING ("NEF") - Pursuant to controlling General Order(s) and Local Bankruptcy Rule(s), the foregoing document was served on the following person(s) by the court via NEF and hyperlink to the judgment or order. As of January 24, 2011, the following person(s) are currently on the Electronic Mail Notice List for this bankruptcy case or adversary proceeding to receive NEF transmission at the email address(es) indicated below. Service information continued on attached page

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: Westcliff Medical Laboratories, Inc. c/o FTI Consulting 633 West Fifth St 16th Fl Los Angeles, CA 90071 Service information continued on attached page

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:

Service information continued on attached page

LA/393613.1

Case 8:10-bk-16743-TA

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CHAPTER 11 Debtor(s). CASE NUMBER 8:10-bk-16743-TA

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In re: WESTCLIFF MEDICAL LABORATORIES, INC. and BIOLABS, INC.,

ADDITIONAL SERVICE INFORMATION: I. SERVED BY THE COURT VIA NOTICE OF ELECTRONIC FILING ("NEF"):
Raymond G Alvarado on behalf of Interested Party Courtesy NEF [email protected] Todd M Arnold on behalf of Debtor BioLabs, Inc. [email protected] Richard L Barnett on behalf of Creditor Mission Hospital Regional Medical Center dba Mission Hospital [email protected], [email protected] Ron Bender on behalf of Debtor BioLabs, Inc. [email protected] Ronald K Brown on behalf of Creditor LGSM Laguna Hills, LLC [email protected] Jennifer Witherell Crastz on behalf of Creditor Beckman Coulter, Inc. [email protected] Carol J Fogleman on behalf of Creditor City of Wildomar [email protected] Anthony A Friedman on behalf of Debtor Westcliff Medical Laboratories, Inc. [email protected] John-patrick M Fritz on behalf of Debtor Westcliff Medical Laboratories, Inc. [email protected] Jeffrey K Garfinkle on behalf of Creditor Committee Creditors Committee [email protected], [email protected];[email protected] Fredric Glass on behalf of Creditor Fair Harbor Capital, LLC [email protected] Nancy S Goldenberg on behalf of U.S. Trustee United States Trustee (SA) [email protected] D Edward Hays on behalf of Creditor LaserCycle Imaging [email protected] Michael J Heyman on behalf of Interested Party Laboratory Corporation of America [email protected]
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

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CHAPTER 11 Debtor(s). CASE NUMBER 8:10-bk-16743-TA

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In re: WESTCLIFF MEDICAL LABORATORIES, INC. and BIOLABS, INC.,

Mark D Houle on behalf of Creditor Health Net, Inc. [email protected]

Jeff D Kahane on behalf of Creditor ACE American Insurance Company, ACE Property & Casualty Insurance Company, and the affiliated insurers and reinsurers [email protected] Andy Kong on behalf of Creditor Grifols USA LLC [email protected] Rodger M Landau on behalf of Interested Party Courtesy NEF [email protected], [email protected] Matthew A Lesnick on behalf of Financial Advisor MTS Health Partners, L.P. [email protected] Michael B Lubic on behalf of Interested Party Laboratory Corporation of America [email protected] Frank F McGinn on behalf of Interested Party Courtesy NEF [email protected] Elissa Miller on behalf of Interested Party AFCO Acceptance Corporation [email protected], [email protected] Aram Ordubegian on behalf of Creditor Roche Diagnostics Corporation [email protected] Ernie Zachary Park on behalf of Creditor The Irvine Company LLC [email protected] Richard Park on behalf of Defendant Federal Trade Commission [email protected] Justin E Rawlins on behalf of Interested Party Courtesy NEF [email protected], [email protected] Jacqueline L Rodriguez on behalf of Debtor BioLabs, Inc. [email protected] Benjamin Seigel on behalf of Creditor Committee Creditors Committee [email protected], [email protected] David B Shemano on behalf of Creditor Cambridge Healthcare Properties, Inc. [email protected] Philip E Strok on behalf of Interested Party Courtesy NEF [email protected]
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

Case 8:10-bk-16743-TA

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CHAPTER 11 Debtor(s). CASE NUMBER 8:10-bk-16743-TA

Desc

In re: WESTCLIFF MEDICAL LABORATORIES, INC. and BIOLABS, INC.,

United States Trustee (SA) [email protected]

Howard J Weg on behalf of Interested Party Courtesy NEF [email protected] Sharon Z Weiss on behalf of Interested Party Specialty Laboratories, Inc. [email protected] Joseph M Welch on behalf of Interested Party Courtesy NEF [email protected]

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

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