Professional Documents
Culture Documents
Filed & Entered: Clerk U.S. Bankruptcy Court Central District of California by Deputy Clerk
Filed & Entered: Clerk U.S. Bankruptcy Court Central District of California by Deputy Clerk
Desc
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 28 2011
CLERK U.S. BANKRUPTCY COURT Central District of California BY ngo 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 ADMINISTRATIVE EXPENSE PURSUANT TO 11 U.S.C. 503(b)(9) [Jointly Administered with Case No. 8:10-bk-16746-TA] Chapter 11
Case 8:10-bk-16743-TA Doc 372 Filed 03/02/11 Entered 03/02/11 22:04:29 Imaged Certificate of Service Page 2 of 10
Desc
Current Hearing Date: Date: Time: Place: March 1, 2011 10:00 a.m. Courtroom 5B 411 West Fourth Street Santa Ana, CA 92701
Continued Hearing Date: Date: Time: Place: April 13, 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 April 13, 2011 at 10:00a.m. ###
-2-
Case 8:10-bk-16743-TA Doc 372 Filed 03/02/11 Entered 03/02/11 22:04:29 Imaged Certificate of Service Page 3 of 10
In re: WESTCLIFF MEDICAL LABORATORIES, INC. and BIOLABS, INC., Debtor(s). CHAPTER 11
Desc
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.
II. SERVED BY U.S. MAIL OR OVERNIGHT MAIL(indicate method for each person or entity served): On February 15, 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 February 15, 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. February 15, 2011 Date
January 2009
This form is mandatory. It has been approved for use by the United States Bankruptcy Court for the Central District of Cali fornia.
F 9013-3.1
Case 8:10-bk-16743-TA Doc 372 Filed 03/02/11 Entered 03/02/11 22:04:29 Imaged Certificate of Service Page 4 of 10
In re: WESTCLIFF MEDICAL LABORATORIES, INC. and BIOLABS, INC., Debtor(s). CHAPTER 11 CASE NUMBER 8:10-bk-16743-TA
Desc
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 District of California. January 2009
F 9013-3.1
Case 8:10-bk-16743-TA Doc 372 Filed 03/02/11 Entered 03/02/11 22:04:29 Imaged Certificate of Service Page 5 of 10
In re: WESTCLIFF MEDICAL LABORATORIES, INC. and BIOLABS, INC., Debtor(s). CHAPTER 11 CASE NUMBER 8:10-bk-16743-TA
Desc
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.
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 February 15, 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:
LA/406431.1
Case 8:10-bk-16743-TA Doc 372 Filed 03/02/11 Entered 03/02/11 22:04:29 Imaged Certificate of Service Page 6 of 10
In re: WESTCLIFF MEDICAL LABORATORIES, INC. and BIOLABS, INC., Debtor(s). CHAPTER 11 CASE NUMBER 8:10-bk-16743-TA
Desc
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
Case 8:10-bk-16743-TA Doc 372 Filed 03/02/11 Entered 03/02/11 22:04:29 Imaged Certificate of Service Page 7 of 10
In re: WESTCLIFF MEDICAL LABORATORIES, INC. and BIOLABS, INC., Debtor(s). CHAPTER 11 CASE NUMBER 8:10-bk-16743-TA
Desc
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] United States Trustee (SA)
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 Doc 372 Filed 03/02/11 Entered 03/02/11 22:04:29 Imaged Certificate of Service Page 8 of 10
In re: WESTCLIFF MEDICAL LABORATORIES, INC. and BIOLABS, INC., Debtor(s). CHAPTER 11 CASE NUMBER 8:10-bk-16743-TA
Desc
[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
Case 8:10-bk-16743-TA Doc 372 Filed 03/02/11 Entered 03/02/11 22:04:29 Imaged Certificate of Service Page 9 of 10
United States Bankruptcy Court Central District of California In re: Westcliff Medical Laboratories, Inc. Debtor
District/off: 0973-8
Desc
CERTIFICATE OF NOTICE
Page 1 of 2 Total Noticed: 17 Date Rcvd: Feb 28, 2011
Notice by first class mail was sent to the following persons/entities by the Bankruptcy Noticing Center on Mar 02, 2011. db +Westcliff Medical Laboratories, Inc., c/o FTI Consulting, 633 West Fifth St 16th Fl, Los Angeles, CA 90071-2005 aty +Ron Oliner, Duane Morris LLP, One Market Plaza, Spear Tower, Suite 2200, San Francisco, CA 94105-1198 cr +Beckman Coulter, Inc., c/o Hemar, Rousso & Heald, LLP, 15910 Ventura Blvd., 12th Floor, Encino, CA 91436-2802 sp +Callahan & Blaine, 3 Hutton Centre Dr #900, Santa Ana, CA 92707-8722 cr +Cambridge Healthcare Properties, Inc., 1717 Main Street, Dallas, TX 75201-4612, U.S.A. cr City and County of San Francisco, Office of the Treasurer/Tax Collector, Legal Section, Attn: Robertg L. Fletcher, Jr.,, POB 7426, San Francisco, CA 94120-7426 cr City of Wildomar, c/o Burke, Williams & Sorensen, LLP, 2280 Market Street, Suite 300, Riverside, CA 92501-2121 op David W Gee, Garvey Schubert Barer, 1191 Second Ave 18th Fl, Seattle, WA 98101-2939 cr +Debt Acquisition Company of America V, LLC, 1565 Hotel Circle South, Suite 310, San Diego, CA 92108-3419 cr Department of Health Care Services, Office of Legal Services, Attn: Steven A. Oldham, Staff Attorney, MS 0010, PO Box 997413, Sacramento, CA 95899-7413 cr +Enterprise Rent-A-Car of Los Angeles, dba Enterpri, 17210 South Main Street, Attn: Michael Gerges, Gardena, CA 90248-3130, UNITED STATES OF AMERICA cr +Fair Harbor Capital, LLC, Ansonia Finance Station, PO Box 237037, New York, NY 10023-0028 intp +Jonathan Braverman, Baker, Braverman & Barbadoro PC, 50 Braintree Hill Office Park, Suite 108, Braintree, MA 02184-8712 sp Kirkland & Ellis LLP, 300 N LaSalle St, Chicago, IL 60654 intp +Laboratory Corporation of America, c/o K&L Gates LLP, 10100 Santa Monica Blvd., 7th Floor, Los Angeles, CA 90067-4003 cr +LaserCycle Imaging, c/o Marshack Hays LLP, 5410 Trabuco Road, Suite 130, Irvine, CA 92620-5749 cr +Riverside Claims, Post Office Box 626, Planetarium Station, New York, NY 10024-0626 Notice by electronic transmission was sent to the following persons/entities by the Bankruptcy Noticing Center. NONE. TOTAL: 0 cr intp intp cr intp crcm cr cr cr cr fa cr cr cr intp cr ***** BYPASSED RECIPIENTS (undeliverable, * duplicate) ***** ACE American Insurance Company, ACE Property & Cas AFCO Acceptance Corporation Brenda Riley County of Tulare California Courtesy NEF Creditors Committee Google Inc. Grifols USA LLC Health Net, Inc. LGSM Laguna Hills, LLC MTS Health Partners, L.P. Mission Hospital Regional Medical Center dba Missi Orange County Treasurer-Tax Collector Roche Diagnostics Corporation Specialty Laboratories, Inc. The Irvine Company LLC TOTALS: 16, * 0, ## 0 Addresses marked + were corrected by inserting the ZIP or replacing an incorrect ZIP. USPS regulations require that automation-compatible mail display the correct ZIP.
Case 8:10-bk-16743-TA Doc 372 Filed 03/02/11 Entered 03/02/11 22:04:29 Imaged Certificate of Service Page 10 of 10
Desc
District/off: 0973-8
I, Joseph Speetjens, declare under the penalty of perjury that I have sent the attached document to the above listed entities in the manner shown, and prepared the Certificate of Notice and that it is true and correct to the best of my information and belief. Meeting of Creditor Notices only (Official Form 9): Pursuant to Fed. R. Bank. P. 2002(a)(1), a notice containing the complete Social Security Number (SSN) of the debtor(s) was furnished to all parties listed. This official court copy contains the redacted SSN as required by the bankruptcy rules and the Judiciarys privacy policies.
Signature: