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    Filed & Entered: United States Bankruptcy Court Central District of California Santa Ana Division

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    Chapter 11 Dockets
    This document is a court order approving a stipulation between debtors Westcliff Medical Laboratories and BioLabs and creditor Garvey Schubert Barer. The order disallows Garvey Schubert Barer's pre-petition claims against the debtors, finding that they have no outstanding claims from before the bankruptcy filing. The order also reserves the debtors' right to pursue avoidance actions and Garvey Schubert Barer's right to defend against such actions. Finally, the order binds the parties to the stipulation even if the bankruptcy cases are converted to a different chapter.

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    Filed & Entered: United States Bankruptcy Court Central District of California Santa Ana Division

    Uploaded by

    Chapter 11 Dockets
    32 views5 pages
    This document is a court order approving a stipulation between debtors Westcliff Medical Laboratories and BioLabs and creditor Garvey Schubert Barer. The order disallows Garvey Schubert Barer's pre-petition claims against the debtors, finding that they have no outstanding claims from before the bankruptcy filing. The order also reserves the debtors' right to pursue avoidance actions and Garvey Schubert Barer's right to defend against such actions. Finally, the order binds the parties to the stipulation even if the bankruptcy cases are converted to a different chapter.

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    This document is a court order approving a stipulation between debtors Westcliff Medical Laboratories and BioLabs and creditor Garvey Schubert Barer. The order disallows Garvey Schubert Barer's pre-petition claims against the debtors, finding that they have no outstanding claims from before the bankruptcy filing. The order also reserves the debtors' right to pursue avoidance actions and Garvey Schubert Barer's right to defend against such actions. Finally, the order binds the parties to the stipulation even if the bankruptcy cases are converted to a different chapter.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    32 views5 pages

    Filed & Entered: United States Bankruptcy Court Central District of California Santa Ana Division

    Uploaded by

    Chapter 11 Dockets
    This document is a court order approving a stipulation between debtors Westcliff Medical Laboratories and BioLabs and creditor Garvey Schubert Barer. The order disallows Garvey Schubert Barer's pre-petition claims against the debtors, finding that they have no outstanding claims from before the bankruptcy filing. The order also reserves the debtors' right to pursue avoidance actions and Garvey Schubert Barer's right to defend against such actions. Finally, the order binds the parties to the stipulation even if the bankruptcy cases are converted to a different chapter.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 5

    Case 8:10-bk-16743-TA

    Doc 384 Filed 03/21/11 Entered 03/21/11 09:19:27 Main Document Page 1 of 5

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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]

    FILED & ENTERED MAR 21 2011


    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 ) ) WESTCLIFF MEDICAL LABORATORIES, ) ) INC., ) ) Debtor. ) ________________________________ ) ) ) BIOLABS, INC., ) ) Debtor. ________________________________ ) ) ) Affects Both Debtors ) ) ) Affects WESTCLIFF MEDICAL ) LABORATORIES, INC. only ) ) Affects BIOLABS, INC. only ) ) In re: Case No. 8:10-bk-16743-TA Lead Case, Jointly Administered with Case No. 8:10-bk-16746-TA Chapter 11 Cases ORDER RE: STIPULATION RE: PREPETITION CLAIMS OF GARVEY SCHUBERT BARER [No Hearing Required]

    Case 8:10-bk-16743-TA

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    1

    Upon consideration of the Stipulation Re: Pre-Petition Claims of Garvey Schubert Barer (the Stipulation)1 entered into between the Debtors and GSB, and for good cause shown, IT IS HEREBY ORDERED AS FOLLOWS: 1. 2. The Stipulation is hereby approved in its entirety. GSB is hereby deemed to have no claims against the

    Debtors that arose before the Petition Date that were not paid before the Petition Date. 3. 4. assert The Scheduled Claim is hereby disallowed in its entirety. The Debtors are deemed to have reserved their rights to any avoidance actions arising under Chapter 5 of the

    Bankruptcy Code, and GSB is hereby deemed to have reserved any and all defenses to such actions. 5. The Stipulation and this Order shall be binding on the

    Debtors and their bankruptcy estates notwithstanding any conversion of either of the Debtors bankruptcy cases to a different Chapter under the Bankruptcy Code. 6. The Court has and shall retain exclusive jurisdiction

    over the Stipulation and the issues raised therein. IT IS SO ORDERED. # # #

    DATED: March 21, 2011

    United States Bankruptcy Judge

    All capitalized terms herein have the same meanings as in the Stipulation.

    Case 8:10-bk-16743-TA

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    In re: 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

    A true and correct copy of the foregoing document described as ORDER RE: STIPULATION RE: PREPETITION CLAIMS OF GARVEY SCHUBERT BARER 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) P ursuant 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: Service information continued on attached page II. SERVED BY U.S. MAIL OR OVERNIGHT MAIL(indicate method for each person or entity served): On March 14, 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.

    Service by Overnight Mail Hon. Theodor Albert United States Bankruptcy Court 411 West Fourth Street Santa Ana, CA 92701

    Service by U.S. Mail Garvey Schubert Barer Attn: David Gie, Owner 1191 Second Avenue, Suite 1800 Seattle, WA 98101-2939 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 ____________, 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. March 14, 2011 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

    Case 8:10-bk-16743-TA

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    In re: 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

    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 (specify) ORDER RE: STIPULATION RE: PREPETITION CLAIMS OF GARVEY SCHUBERT BARER 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 March 21, 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. Raymond G Alvarado [email protected] Todd M Arnold [email protected] Richard L Barnett [email protected], [email protected] Ron Bender [email protected] Ronald K Brown [email protected] Jennifer Witherell Crastz [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] Fredric Glass [email protected] Nancy S Goldenberg [email protected] D Edward Hays [email protected] Michael J Heyman [email protected] Mark D Houle [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] Aram Ordubegian [email protected] Ernie Zachary Park [email protected] Richard Park [email protected] Justin E Rawlins [email protected], [email protected] Jacqueline L Rodriguez [email protected] Benjamin Seigel [email protected], [email protected]

    Case 8:10-bk-16743-TA

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    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] Joseph M Welch [email protected] 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: Debtors Westcliff Medical Laboratories, Inc. BioLabs, Inc. c/o FTI Consulting 633 West Fifth Street, 16th Floor 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 AEntered@ stamp, the party lodging the judgment or order will serve a complete copy bearing an AEntered@ 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 by U.S. Mail Garvey Schubert Barer Attn: David Gie, Owner 1191 Second Avenue, Suite 1800 Seattle, WA 98101-2939 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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