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1 RON BENDER (SBN 143364) 2 3 4 5 6 7
JACQUELINE L. RODRIGUEZ (SBN 198838) TODD M. ARNOLD (SBN 221868) JOHN-PATRICK M. FRITZ (SBN 245240) MAY 28 2010 LEVENE, NEALE, BENDER, RANKIN & BRILL L.L.P. 10250 Constellation Boulevard, Suite 1700 CLERK U.S. BANKRUPTCY COURT Central District of California Los Angeles, California 90067 BY ngo DEPUTY CLERK Telephone: (310) 229-1234 Facsimile: (310) 229-1244 Email: rb@lnbrb.com, jlr@lnbrb.com, tma@lnbrb.com, jpf@lnbrb.com Proposed Attorneys for Chapter 11
FILED & ENTERED
8 Debtors and Debtors in Possession 9 10 11 12 In re: 13 WESTCLIFF MEDICAL 14
LABORATORIES, INC., Debtor. 15 _______________________________ UNITED STATES BANKRUPTCY COURT CENTRAL DISTRICT OF CALIFORNIA (SANTA ANA DIVISION) Case No. 8:10-bk-16743 Jointly Administered with Case No. 8:10-bk-16746 Chapter 11 Cases ORDER GRANTING DEBTORS EMERGENCY MOTION FOR AUTHORITY TO LIMIT NOTICE PURSUANT TO 11 U.S.C. 105 AND BANKRUPTCY RULE 2002 Court Scheduled Hearing: Date: May 27, 2010 Time: 11:00 a.m. Place: Courtroom 5B 411 West Fourth Street Santa Ana, CA 92701
16 17
BIOLABS, INC., Debtor.
18 _______________________________ 19 20 21 22 23 24 25 26 27 28
Affects Both Debtors Affects WESTCLIFF MEDICAL LABORATORIES, INC. only Affects BIOLABS, INC. only
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At the above-referenced date, time, and location, the Court
2 held a hearing on the Emergency Motion for Authority to Limit 3 Notice Pursuant to 11 U.S.C. 105 and Bankruptcy Rule 2002 (the 4 Motion)
filed by, Westcliff Medical Laboratories, Inc.
5 ("Westcliff") and Biolabs, Inc. (Biolabs and collectively with 6 Westcliff, the Debtors) the debtors and debtors in possession 7 in
the above-captioned, jointly-administered, chapter 11
8 bankruptcy cases. 9 record of the Court. 10
The Court,
Appearances were made as set forth on the
having
considered
the
Motion
and
all
papers
11 filed by the Debtors in support of the Motion, and the oral 12 arguments and statements of counsel made at the hearing on the 13 Motion, proper notice of the Motion and the hearing on the 14 Motion having been provided, and good cause appearing therefore, 15 16 17 under
IT IS HEREBY ORDERED AS FOLLOWS: (1) Notice of the Motion was sufficient and appropriate the circumstances of the and complied Code, with the all applicable Rules of
18 provisions
Bankruptcy
Federal
19 Bankruptcy Procedure, and the Local Bankruptcy Rules. 20 21
(2) The Motion is hereby granted in its entirety. (3) Pursuant to Rules 2002(i) and (m) of the Federal Rules
22 of Bankruptcy Procedure, notices required by the Federal Rules 23 of Bankruptcy Procedure are hereby limited to the following: 24 25 26 27 28
a. The United States Trustee; b. The Debtors Secured Creditors; c. The 20 Largest Unsecured Creditors in each of the Debtors cases (or any Official Committee of
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24
DATED: May 28, 2010
Unsecured Creditors that may be appointed in the Debtors case and its counsel); d. Parties Requesting Special Notice; and e. Parties at Interest Regarding a Particular Motion. IT IS SO ORDERED. # # #
25 26 27 28
United States Bankruptcy Judge
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1
In re:
2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
WESTCLIFF MEDICAL LABORATORIES, INC., Debtor(s). BIOLABS, INC., Debtor.
CHAPTER 11 Case No. 8:10-bk-16743 Jointly Administered with Case No. 8:10-bk-16746
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, California 90067
The foregoing document described as ORDER GRANTING DEBTORS EMERGENCY MOTION FOR AUTHORITY TO LIMIT NOTICE PURSUANT TO 11 U.S.C. 105 AND BANKRUPTCY RULE 2002 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 May 26, 2010, 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 May 26, 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 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 May 26, 2010, 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. VIA MESSENGER SERVICE Hon. Theodor Albert United States Bankruptcy Judge United States Bankruptcy Court Courtroom 5B 411 West Fourth Street Santa Ana, CA 92701 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. May 26, 2010 Date
January 2009
Jason Klassi Type Name
/s/ Jason Klassi Signature
This form is mandatory. It has been approved for use by the United States Bankruptcy Court for the Central District of California.
F 9013-3.1
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1
In re:
2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
WESTCLIFF MEDICAL LABORATORIES, INC., Debtor(s). BIOLABS, INC., Debtor.
CHAPTER 11 Case No. 8:10-bk-16743 Jointly Administered with Case No. 8:10-bk16746
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 ORDER GRANTING DEBTORS EMERGENCY MOTION FOR AUTHORITY TO LIMIT NOTICE PURSUANT TO 11 U.S.C. 105 AND BANKRUPTCY RULE 2002 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 May 26, 2010, 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. Todd M Arnold tma@lnbrb.com Ron Bender rb@lnbrb.com Jeffrey K Garfinkle bkgroup@buchalter.com, jgarfinkle@buchalter.com Nancy S Goldenberg nancy.goldenberg@usdoj.gov Michael J Heyman michael.heyman@klgates.com Rodger M Landau rlandau@lgbfirm.com, kmoss@lgbfirm.com Michael B Lubic michael.lubic@klgates.com Jacqueline L Rodriguez jlr@lnbrb.com United States Trustee (SA) ustpregion16.sa.ecf@usdoj.gov Sharon Z Weiss sharon.weiss@hro.com 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 U.S. Mail to the following person(s) and/or entity(ies) at the address(es) indicated below: Westcliff Medical Laboratories, Inc. BioLabs, Inc. 1821 E. Dyer Rd., #100 Santa Ana, CA 92705 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 on the attached list via U.S. Mail
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January 2009
Service information continued on attached page
This form is mandatory. It has been approved for use by the United States Bankruptcy Court for the Central District of California.
F 9021-1.1
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CERTIFICATE OF NOTICE
User: admin Form ID: pdf031 Page 1 of 1 Total Noticed: 13
District/off: 0973-8 Case: 10-16743
Date Rcvd: May 28, 2010
The following entities were noticed by first class mail on May 30, 2010. db +Westcliff Medical Laboratories, Inc., 1821 E. Dyer Road, #100, Santa Ana, CA 92705-5700 aty +Jacqueline L Rodriguez, 10250 Constellation Blvd Ste 1700, Los Angeles, CA 90067-6253 aty +Jeffrey K Garfinkle, Buchalter Nemer, 18400 Von Karman Ave Ste 800, Irvine, CA 92612-0514 aty +Michael B Lubic, 601 S Figueroa St Ste 1500, Los Angeles, CA 90017-5720 aty +Michael J Heyman, 10100 Santa Monica Blvd, 7th Flr, Los Angeles, CA 90067-4003 aty Nancy S Goldenberg, 411 W Fourth St Ste 9041, Santa Ana, CA 92701-8000 aty +Rodger M Landau, Landau Gottfried & Berger LLP, 1801 Century Park E Ste 1460, Los Angeles, CA 90067-2316 aty +Ron Bender, 10250 Constellation Blvd Ste 1700, Los Angeles, CA 90067-6253 aty +Sharon Z Weiss, Holme Roberts & Owen LLP, 800 W Olympic Blvd 4th, Los Angeles, CA 90015-1360 aty +Todd M Arnold, Levene, Neale, Bender, Rankin & Bri, 10250 Constellation Blvd Ste 1700, Los Angeles, CA 90067-6253 ust +United States Trustee (SA), 411 W Fourth St., Suite 9041, Santa Ana, CA 92701-8000 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 intp +Laboratory Corporation of America, c/o K&L Gates LLP, 10100 Santa Monica Blvd., 7th Floor, Los Angeles, CA 90067-4003 The following entities were noticed by electronic transmission. NONE. intp crcm intp ***** BYPASSED RECIPIENTS (undeliverable, * duplicate) ***** Courtesy NEF Creditors Committee Specialty Laboratories, Inc. TOTALS: 3, * 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. TOTAL: 0
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.
Date: May 30, 2010
Signature:
