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  • United States Bankruptcy Court Central District of California (Santa Ana Division)

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    Chapter 11 Dockets
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    This document is a stipulation between debtors Westcliff Medical Laboratories, Inc. and BioLabs, Inc. and creditor Specialty Laboratories, Inc. regarding claims in the debtors' bankruptcy cases. The stipulation allows Specialty's claim in the reduced amount of $3.5 million and considers it fully paid according to the debtors' reorganization plan. It also disallows any other claims Specialty may have against the debtors. The parties agree the bankruptcy court has jurisdiction over the stipulation.

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    This document is a stipulation between debtors Westcliff Medical Laboratories, Inc. and BioLabs, Inc. and creditor Specialty Laboratories, Inc. regarding claims in the debtors' bankruptcy cases. The stipulation allows Specialty's claim in the reduced amount of $3.5 million and considers it fully paid according to the debtors' reorganization plan. It also disallows any other claims Specialty may have against the debtors. The parties agree the bankruptcy court has jurisdiction over the stipulation.

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    46 views6 pages

    United States Bankruptcy Court Central District of California (Santa Ana Division)

    Uploaded by

    Chapter 11 Dockets
    This document is a stipulation between debtors Westcliff Medical Laboratories, Inc. and BioLabs, Inc. and creditor Specialty Laboratories, Inc. regarding claims in the debtors' bankruptcy cases. The stipulation allows Specialty's claim in the reduced amount of $3.5 million and considers it fully paid according to the debtors' reorganization plan. It also disallows any other claims Specialty may have against the debtors. The parties agree the bankruptcy court has jurisdiction over the stipulation.

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    Attribution Non-Commercial (BY-NC)
    Download as PDF, TXT or read online from Scribd
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    Case 8:10-bk-16743-TA

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    RON BENDER (SBN 143364) TODD M. ARNOLD (SBN 221868) LEVENE, NEALE, BENDER, YOO & BRILL L.L.P. 10250 Constellation Boulevard, Suite 1700 Los Angeles, California 90067 Telephone: (310) 229-1234; Facsimile: (310) 229-1244 Email: [email protected]; [email protected] Attorneys for Chapter 11 Debtors and Debtors in Possession UNITED STATES BANKRUPTCY COURT CENTRAL DISTRICT OF CALIFORNIA (SANTA ANA DIVISION) In re: WESTCLIFF MEDICAL LABORATORIES, INC., Debtor. _________________________________ BIOLABS, INC., Debtor. _________________________________ Affects Both Debtors Affects WESTCLIFF MEDICAL LABORATORIES, INC. only Affects BIOLABS, INC. only STIPULATION RESOLVING CLAIMS OF SPECIALTY LABORATORIES, INC. Case No. 8:10-bk-16743-TA Jointly Administered with Case No. 8:10-bk-16746-TA Chapter 11 Cases

    [No Hearing Required]

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    This Stipulation is entered into by (1) Westcliff Medical Laboratories, Inc. (Westcliff) and BioLabs, Inc. (BioLabs and, together with Westcliff, the Debtors) and (2) Specialty Laboratories, Inc. (Specialty) (collectively, the Parties), with reference to the following recitals of fact: RECITALS A. On May 19, 2010, the Debtors each filed voluntary petitions for relief under

    chapter 11 of title 11 of the United States Code, sections 101 et seq. in the United States Bankruptcy Court for the Central District of California, Santa Ana Division (the Court). The Debtors have continued to manage their affairs as debtors in possession pursuant to 11 U.S.C. 1107 and 1108 since the Petition Date. B. Westcliff scheduled Specialty with a general unsecured claim in the amount of

    $1,338,599.00 (the Scheduled Claim). C. Specialty filed Proof of Claim No. 168 (Claim No. 168) asserting a general

    unsecured claim in the amount of $5,740,173.74. D. On September 21, 2011, the Parties filed their Stipulation Resolving True Up For

    Services Rendered By Specialty Laboratories, Inc. to Westcliff Medical Laboratories, Inc. For the Period May 1, 2010 Through June 14, 2010 (the Prior Stipulation) [Docket No. 563]. E. On October 7, 2011, the Court entered an order approving the Prior Stipulation

    (the Order) [Docket No. 588]. F. Pursuant to the Prior Stipulation and Order, the Court, among other things, (a) set

    Specialtys administrative claim related to a particular Term (as defined in the Prior Stipulation), and (b) adjusted Claim No. 168 downward to $5,646,729.19 (Adjusted Claim No. 168) based on the amount set as Specialtys administrative claim related to the Term and payments to be made to Specialty under the Stipulation and Order for such administrative claim. G. The Parties have analyzed and discussed the foregoing claims and reached an

    agreement regarding the same.

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    STIPULATION WHEREFORE, based on the foregoing Recitals, which are incorporated herein by this reference, the Parties hereby agree and stipulate as follows: 1. duplicative. 2. Adjusted Claim No. 168 shall be deemed to be allowed as a general unsecured The Scheduled Claim shall be deemed to be disallowed in its entirety as

    claim in the amount of $3,500,000.00 and shall not be subject to any further reduction, objection, disallowance, expungement, subordination, offset or avoidance (Allowed Claim No. 168); the balance of Adjusted Claim No. 168 shall be deemed to be disallowed in its entirety. Allowed Claim No. 168 shall be paid in accordance with the First Amended Chapter 11 Liquidating Plan of Reorganization. 3. Other than claims dealt with prior to this date that have already been satisfied and

    Allowed Claim No. 168, Specialty shall be deemed to have no other claims against the Debtors or their estates. 4. Nothing in this stipulation shall affect or impair any prior agreement between the

    parties and/or order from the Court, including but not limited to any agreement or order waiving or releasing any avoidance action claims under Chapter 5 of the Bankruptcy Code against Specialty. 5. The Court has and shall retain exclusive jurisdiction over this Stipulation and the

    issues raised herein. 6. 7. The terms of this Stipulation are binding and not mere recitals. This Stipulation contains the entire agreement between the Parties relating to

    Specialtys remaining unsecured claim and may not be amended except by written agreement between the Parties.

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    8.

    This Stipulation may be executed in counterparts, and all such executed

    counterparts when taken together shall constitute an original of one and the same document. Counterparts may be transmitted by facsimile, electronic mail or other electronic means. IT IS SO STIPULATED.

    Dated: April 12, 2012

    Dated: April 12, 2012 SHARON Z. WEISS BRYAN CAVE LLP BRETT D. FALLON CARL N. KUNZ, III MORRIS JAMES LLP By: /s/ Sharon Z. Weiss . SHARON Z. WEISS Attorneys for Specialty Laboratories, Inc.

    LEVENE, NEALE, BENDER, YOO & BRILL L.L.P.

    /s/ Todd M. Arnold . RON BENDER TODD M. ARNOLD JOHN-PATRICK M. FRITZ LEVENE, NEALE, BENDER, YOO & BRILL L.L.P. Attorneys for Chapter 11 Debtors and Debtors in Possession

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    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: 10250 Constellation Boulevard, Suite 1700, Los Angeles, CA 90067 A true and correct copy of the foregoing document described as STIPULATION RESOLVING CLAIMS OF SPECIALTY LABORATORIES, INC. 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 April 12, 2012, 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 (indicate method for each person or entity served): On April 12, 2012, 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. The Hon. Theodor C. Albert United States Bankruptcy Court 411 West Fourth Street Santa Ana, CA 92701 Service information continued on attached page III. SERVED BY PERSONAL DELIVERY (indicate method for each person or entity served): Pursuant to F.R.Civ.P. 5 and/or controlling LBR, on April 12, 2012, 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. April 12, 2012 Date Lourdes Cruz Type Name /s/ Lourdes Cruz Signature

    This form is mandatory. It has been approved for use by the United States Bankruptcy Court for the Central District of California. August 2010

    F 9013-3.1.PROOF.SERVICE

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    I. TO BE SERVED BY THE COURT VIA NOTICE OF ELECTRONIC FILING (NEF) Raymond G Alvarado [email protected] Todd M Arnold [email protected] Phillip Ashman [email protected], [email protected];[email protected] Richard L Barnett [email protected], [email protected] Ron Bender [email protected] Eric S Bershatski [email protected] Ronald K Brown [email protected] Donald H Cram [email protected] Jennifer Witherell Crastz [email protected] Ryan S Fife [email protected], [email protected];[email protected] Carol J Fogleman [email protected] Anthony A Friedman [email protected] John-patrick M Fritz [email protected] Jeffrey K Garfinkle [email protected], [email protected];[email protected];[email protected] Fredric Glass [email protected] Nancy S Goldenberg [email protected] D Edward Hays [email protected], [email protected] Michael J Heyman [email protected] Mark D Houle [email protected] Jacqueline L James [email protected] Jeff D Kahane [email protected] Andy Kong [email protected] Rodger M Landau [email protected], [email protected] Matthew A Lesnick [email protected] Michael B Lubic [email protected] Frank F McGinn [email protected] Elissa Miller [email protected], [email protected] Kerry A Moynihan [email protected], [email protected] Aram Ordubegian [email protected] Ernie Zachary Park [email protected] Richard Park [email protected] Justin E Rawlins [email protected], [email protected] Benjamin Seigel [email protected], [email protected] David B Shemano [email protected] Philip E Strok [email protected] United States Trustee (SA) [email protected] Howard J Weg [email protected] Sharon Z Weiss [email protected], [email protected] Joseph M Welch [email protected], [email protected];[email protected] Johnny White , [email protected];[email protected];[email protected]

    This form is mandatory. It has been approved for use by the United States Bankruptcy Court for the Central District of California. August 2010

    F 9013-3.1.PROOF.SERVICE

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