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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 Affects BIOLABS, INC. only In re: WESTCLIFF MEDICAL LABORATORIES, INC., Debtor. ____________________________ BIOLABS, INC., Debtor. ____________________________ Affects Both Debtors Affects WESTCLIFF MEDICAL LABORATORIES, INC. only
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FILED & ENTERED
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
OCT 08 2010
CLERK U.S. BANKRUPTCY COURT Central District of California BY deramus DEPUTY CLERK
Email: rb@lnbyb.com; jlr@lnbyb.com; tma@lnbyb.com; jpf@lnbyb.com
Attorneys for Chapter 11 Debtors and Debtors in Possession UNITED STATES BANKRUPTCY COURT CENTRAL DISTRICT OF CALIFORNIA (SANTA ANA DIVISION) 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
[No hearing required unless requested pursuant to local bankruptcy rule 9013-1(o)]
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1 2 3 4 5 6 7 8 9 10 11 12 13 IT IS HEREBY ORDERED THAT: 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 during the month of October 2010; b. The Debtors are hereby authorized to (1) (2) retention manner The Motion is hereby granted in its entirety; and The Debtors are hereby authorized to and payment in of the compensation Memorandum; to in
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Upon consideration of the second motion (the Motion) of Westcliff Chapter Medical 11 Laboratories, and Inc. and in BioLabs, Inc., the
debtors
debtors
possession
herein
(collectively, the Debtors), for authority to continue their retention and payment of compensation to FTI Consulting, Inc. (FTI) and Matthew Pakkala (Pakkala), the Debtors Chief
Restructuring Officer, the notice of the Motion, the Memorandum of Points and Authorities the in support of of in the Motion of (the the
Memorandum),
declaration
Pakkala
support
Motion, no opposition to the Motion having been filed, and for good cause appearing,
continue their in the
FTI/Pakkala particular,
described
without
limiting the foregoing, a. The Debtors are hereby authorized to retain and
pay FTI/Pakkala a fixed fee of $25,000 for services rendered
continue
their retention and payment of compensation to FTI/Pakkala from November 1, 2010 through March 31, 2011 based on an hourly rate of $595 for services provided by FTI/Pakkala on
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DATED: October 8, 2010 United States Bankruptcy Judge
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an as needed basis; and c. The Debtors are hereby authorized to continue to
reimburse Pakkala for his expenses. IT IS SO ORDERED. # # #
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In re: WESTCLIFF MEDICAL LABORATORIES, INC., Debtor(s). BIOLABS, INC., Debtor.
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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 _________, 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: II. SERVED BY U.S. MAIL OR OVERNIGHT MAIL(indicate method for each person or entity served): On September 23, 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 MAIL Hon. Theodor Albert United States Bankruptcy Court 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. September 23, 2010 Lourdes Cruz /s/ Lourdes Cruz Signature Date Type Name
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
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In re: WESTCLIFF MEDICAL LABORATORIES, INC., BIOLABS, INC., Debtors.
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CHAPTER 11 Case No. 8:10-bk-16743-TA Jointly Administered with Case No. 8:10-bk16746-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 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 September 23, 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 Richard L Barnett rick@barnettrubin.com, rlbsec@barnettrubin.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 Andy Kong Kong.Andy@ArentFox.com Rodger M Landau rlandau@lgbfirm.com, kmoss@lgbfirm.com Matthew A Lesnick matt@lesnicklaw.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 Philip E Strok pstrok@wgllp.com United States Trustee (SA) ustpregion16.sa.ecf@usdoj.gov Howard J Weg hweg@pwkllp.com Sharon Z Weiss sharon.weiss@hro.com Joseph M Welch jwelch@buchalter.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 United States Mail, first class, postage prepaid, to the following person(s) and/or entity(ies) at the address(es) indicated below:
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Debtors Westcliff Medical Laboratories, Inc. BioLabs, Inc. 1821 E. Dyer Road, #100 Santa Ana, CA 92705
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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
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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CERTIFICATE OF NOTICE
User: admin Form ID: pdf031 Page 1 of 1 Total Noticed: 16
District/off: 0973-8 Case: 10-16743
Date Rcvd: Oct 08, 2010
The following entities were noticed by first class mail on Oct 10, 2010. db +Westcliff Medical Laboratories, Inc., 1821 E. Dyer Road, #100, Santa Ana, CA 92705-5700 aty +Ernie Zachary Park, 13215 E Penn St #510, Whittier, CA 90602-1776 aty +Johnny White, Blakeley & Blakeley LLP, 2 Park Plaza Ste 400, Irvine, CA 92614-8514 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 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 The following entities were noticed by electronic transmission. NONE. intp intp cr intp crcm cr cr cr fa cr cr cr intp cr ***** BYPASSED RECIPIENTS (undeliverable, * duplicate) ***** AFCO Acceptance Corporation Brenda Riley County of Tulare California Courtesy NEF Creditors Committee Google Inc. Grifols USA LLC Health Net, Inc. 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: 14, * 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. 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: Oct 10, 2010
Signature: