Filed & Entered: Lead Case No. 8:10-bk-16743-TA
Filed & Entered: Lead Case No. 8:10-bk-16743-TA
Filed & Entered: Lead Case No. 8:10-bk-16743-TA
Doc 675 Filed 12/30/11 Entered 12/30/11 12:37:12 Main Document Page 1 of 7
Desc
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
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
Lead Case No. 8:10-bk-16743-TA Jointly Administered with Case No. 8:10-bk-16746-TA Chapter 11 Cases ORDER REGARDING OUTCOME OF HEARING ON INTERIM AND FINAL APPLICATIONS FOR APPROVAL OF FEES AND REIMBURSEMENT OF EXPENSES Court Scheduled Hearing: Date: December 22, 2011 Time: 10:00 a.m. Place: Courtroom 5B 411 West Fourth Street Santa Ana, CA 92701-4593
A hearing was held at the above-referenced date, time, and location for the Court to consider (1) the Fourth Interim
Application of Levene, Neale, Bender, Yoo & Brill L.L.P. for Approval of Fees and Reimbursement of Expenses, (2) the First
Case 8:10-bk-16743-TA
Doc 675 Filed 12/30/11 Entered 12/30/11 12:37:12 Main Document Page 2 of 7
Desc
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
Interim Application of Callahan & Blaine, APLC for Approval of Fees and Reimbursement of Expenses, (3) the Fourth Interim
Application of Buchalter Nemer, A Professional Corporation, for Approval of Fees and Reimbursement of Expenses, and (4) the Final Application of MTS Health Partners L.P. for Approval of Fees and Reimbursement of Expenses (collectively, the Applications)
filed in the above-captioned, jointly administered Chapter 11 bankruptcy cases of Westcliff Medical Laboratories, Inc. and
BioLabs, Inc. (collectively, the Debtors). made as set forth on the record of the Court.
Appearances were
The Court, having considered the Applications, the pleadings filed in support of the Applications, no opposition having been filed to any of the Applications, and good cause appearing, HEREBY ORDERS AS FOLLOWS: 1. Levene, Neale, Bender, Yoo & Brill L.L.P., bankruptcy
counsel to the Debtors, is hereby allowed and authorized to be paid fees in the amount of $151,554 and expenses in the amount of $12,376.34 for total fees and expenses in the amount of
$163,930.34 incurred during the period of June 1, 2011 through November 30, 2011. 2. Callahan & Blaine, APLC, special litigation counsel to
the Debtors, is hereby allowed and authorized to be paid by the Debtors 50% of fees in the amount of $17,186.50 and expenses in
Case 8:10-bk-16743-TA
Doc 675 Filed 12/30/11 Entered 12/30/11 12:37:12 Main Document Page 3 of 7
Desc
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
the amount of $5,989.36 (for a total payment by the Debtors of $11,587.93) incurred during the period of September 30, 2011. 3. Buchalter Nemer, A Professional Corporation, counsel to May 1 9, 2010 through
the Official Committee of Unsecured Creditors, is hereby allowed and authorized to be paid fees in the amount of $28,157.50 and expenses in the amount of $340.48 for total fees and expenses in the amount of $28,497.98 incurred during the period of June 1, 2011 through November 30, 2011. 4. MTS Health Partners L.P. (MTS), investment banker and
financial advisor to the Debtor, is hereby allowed and authorized to be paid expenses in the amount of $10,001.12 incurred during the period of June 1, 2011 through November 30, 2011. 5. The total amount of $1,531,191.86 in fees and expenses
awarded to MTS pursuant to this order and orders on MTS prior fee applications is hereby awarded on a final basis. # # #
Case 8:10-bk-16743-TA
Doc 675 Filed 12/30/11 Entered 12/30/11 12:37:12 Main Document Page 4 of 7
Desc
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
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 place d on the CM/ECF docket.
Case 8:10-bk-16743-TA
Doc 675 Filed 12/30/11 Entered 12/30/11 12:37:12 Main Document Page 5 of 7
Desc
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
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 December 23, 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. December 23, 2011 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
Case 8:10-bk-16743-TA
Doc 675 Filed 12/30/11 Entered 12/30/11 12:37:12 Main Document Page 6 of 7
Desc
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
Case 8:10-bk-16743-TA
Doc 675 Filed 12/30/11 Entered 12/30/11 12:37:12 Main Document Page 7 of 7
Desc
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
Joseph M Welch [email protected], [email protected];[email protected] Johnny White , [email protected];[email protected];[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 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. 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 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. August 2010
F 9021-1.1.NOTICE.ENTERED.ORDER