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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 Boulevard, Suite 1700 Los Angeles, California 90067 Telephone: (310) 229-1234; Facsimile: (310) 229-1244
Email: rb@lnbyb.com; jlr@lnbyb.com; tma@lnbyb.com; jpf@lnbyb.com
FILED & ENTERED SEP 17 2010
CLERK U.S. BANKRUPTCY COURT Central District of California BY ngo DEPUTY CLERK
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 Lead Case No. 8:10-bk-16743-TA Jointly Administered with Case No. 8:10-bk-16746-TA Chapter 11 Cases ORDER AUTHORIZING DEBTOR TO CONTINUE PAYING SENIOR MANAGEMENT COMPENSATION Court Scheduled Hearing: Date: August 4, 2010 Time: 10:00 a.m. Place: Courtroom 5B 411 West Fourth Street Santa Ana, CA 92701-4593
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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 25 26 27 28 (2) The Debtors are hereby authorized to continue their retention and payment of compensation to Pakkala, Peterson, and Contreras in the manner described in the Memorandum; in Billing, and (3) Laura Contreras (Contreras), the Debtors Chief Financial Officer, the notice of the Motion, the Memorandum of Points and Authorities the in support of of in the Motion of (the the Upon consideration of the motion (the Motion) of Westcliff Medical debtors Laboratories, and debtors Inc. in and BioLabs, Inc., the Chapter 11 the
possession
herein
(collectively,
Debtors), for authority to continue their retention and payment of compensation to (1) Matthew Pakkala (Pakkala), the Debtors Chief Restructuring Officer, (2) Evelyn Peterson (Peterson), an independent contractor who serves as the Debtors Director of
Memorandum),
declaration
Pakkala
support
Motion, no opposition to the Motion having been filed, and for good cause appearing, IT IS HEREBY ORDERED THAT: (1) The Motion is hereby granted in its entirety; and
particular, without limiting the foregoing, a. The Debtors are hereby authorized to pay
FTI/Pakkala a fixed fee of $50,000 for services rendered during the month of August 2010; b. The Debtors are hereby authorized to pay
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FTI/Pakkala a fixed fee of $40,000 for services rendered during the month of September 2010; c. The $50,000 retainer held by FTI/Pakkala shall be
credited against the amounts set forth in paragraphs 2.a and 2.b hereof; d. The Debtors are hereby authorized to continue to
reimburse Pakkala for his expenses; e. at the The Debtors are hereby authorized to pay Contreras rate of $125 per hour to provide the services
described in the Memorandum; and f. at the The Debtors are hereby authorized to pay Peterson rate of $175 per hour to provide the services
described in the Memorandum. IT IS SO ORDERED. ###
DATED: September 17, 2010
United States Bankruptcy Judge
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In re: WESTCLIFF MEDICAL LABORATORIES, INC., BIOLABS, INC., Debtors. CHAPTER 11 Case No. 8:10-bk-16743-TA Jointly Administered with Case No. 8:10-bk-16746-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: 10250 Constellation Boulevard, Suite 1700, Los Angeles, California 90067 A true and correct copy of the foregoing document described as ORDER AUTHORIZING DEBTOR TO CONTINUE PAYING SENIOR MANAGEMENT COMPENSATION 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: II. SERVED BY U.S. MAIL OR OVERNIGHT MAIL(indicate method for each person or entity served): On August 4, 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. VIA OVERNIGHT DELIVERY Hon. Theodor Albert United States Bankruptcy Court Courtroom 5B 411 West Fourth Street Santa Ana, CA 92701 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 ________________, 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.
I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. August 4, 2010 Date
January 2009
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.
F 9013-3.1
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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
In re: WESTCLIFF MEDICAL LABORATORIES, INC., BIOLABS, INC., Debtors. CHAPTER 11 Case No. 8:10-bk-16743-TA Jointly Administered with Case No. 8:10-bk-16746
NOTICE OF ENTERED ORDER AND SERVICE LIST
Notice is given by the court that a judgment or order entitled ORDER AUTHORIZING DEBTOR TO CONTINUE PAYING SENIOR MANAGEMENT COMPENSATION 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 August 4, 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 Jennifer Witherell Crastz jcrastz@hemar-rousso.com Carol J Fogleman mfrost@bwslaw.com John-patrick M Fritz jpf@lnbrb.com Jeffrey K Garfinkle bkgroup@buchalter.com, jgarfinkle@buchalter.com Nancy S Goldenberg nancy.goldenberg@usdoj.gov D Edward Hays ehays@marshackhays.com Michael J Heyman michael.heyman@klgates.com Mark D Houle mark.houle@pillsburylaw.com Rodger M Landau rlandau@lgbfirm.com, kmoss@lgbfirm.com Michael B Lubic michael.lubic@klgates.com Aram Ordubegian ordubegian.aram@arentfox.com Justin E Rawlins jrawlins@winston.com, docketla@winston.com Jacqueline L Rodriguez jlr@lnbrb.com Benjamin Seigel bseigel@buchalter.com, IFS_filing@buchalter.com David B Shemano dshemano@pwkllp.com United States Trustee (SA) ustpregion16.sa.ecf@usdoj.gov Howard J Weg hweg@pwkllp.com Richard L Barnett rick@barnettrubin.com, rlbsec@barnettrubin.com Andy Kong Kong.Andy@ArentFox.com Sharon Z Weiss sharon.weiss@hro.com
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This form is mandatory. It has been approved for use by the United States Bankruptcy Court for the Central District of California.
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:
January 2009
F 9021-1.1
