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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 an order from a United States Bankruptcy Court approving a stipulation between debtors Westcliff Medical Laboratories, Inc. and Biolabs, Inc., Gordon & Rees LLP (G&R), AIG, and National Union. The order: (1) disallows G&R's scheduled claim against the debtors, (2) authorizes AIG and National Union to pay G&R's defense fees and expenses, and (3) states that such payments do not constitute an admission of coverage or liability. The court retains jurisdiction over issues related to the stipulation.

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    Download as PDF, TXT or read online from Scribd

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

    Uploaded by

    Chapter 11 Dockets
    66 views6 pages
    This document is an order from a United States Bankruptcy Court approving a stipulation between debtors Westcliff Medical Laboratories, Inc. and Biolabs, Inc., Gordon & Rees LLP (G&R), AIG, and National Union. The order: (1) disallows G&R's scheduled claim against the debtors, (2) authorizes AIG and National Union to pay G&R's defense fees and expenses, and (3) states that such payments do not constitute an admission of coverage or liability. The court retains jurisdiction over issues related to the stipulation.

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    10000022052

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    This document is an order from a United States Bankruptcy Court approving a stipulation between debtors Westcliff Medical Laboratories, Inc. and Biolabs, Inc., Gordon & Rees LLP (G&R), AIG, and National Union. The order: (1) disallows G&R's scheduled claim against the debtors, (2) authorizes AIG and National Union to pay G&R's defense fees and expenses, and (3) states that such payments do not constitute an admission of coverage or liability. The court retains jurisdiction over issues related to the stipulation.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    66 views6 pages

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

    Uploaded by

    Chapter 11 Dockets
    This document is an order from a United States Bankruptcy Court approving a stipulation between debtors Westcliff Medical Laboratories, Inc. and Biolabs, Inc., Gordon & Rees LLP (G&R), AIG, and National Union. The order: (1) disallows G&R's scheduled claim against the debtors, (2) authorizes AIG and National Union to pay G&R's defense fees and expenses, and (3) states that such payments do not constitute an admission of coverage or liability. The court retains jurisdiction over issues related to the stipulation.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
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    Case 8:10-bk-16743-TA

    Doc 761 Filed 03/30/12 Entered 03/30/12 11:02:46 Main Document Page 1 of 6

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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] Attorneys for Chapter 11 Debtors and Debtors in Possession

    FILED & ENTERED MAR 30 2012


    CLERK U.S. BANKRUPTCY COURT Central District of California BY daniels DEPUTY CLERK

    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 APPROVING STIPULATION (1) RESOLVING CLAIMS OF GORDON & REES LLP, AND (2) AUTHORIZING INSURERS TO PAY DEFENSE FEES AND EXPENSES TO GORDON & REES LLP

    [No Hearing Required]

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    1

    Upon consideration of the STIPULATION (1) RESOLVING CLAIMS OF GORDON & REES LLP, AND (2) AUTHORIZING INSURERS TO PAY DEFENSE FEES AND EXPENSES TO GORDON & REES LLP (the Stipulation) 1 entered into by the Debtors, G&R, AIG, and National Union, and for good cause shown, IT IS HEREBY ORDERED that: 1. 1. entirety. 2. G&R is hereby barred from filing any claims against the The Stipulation is hereby approved in its entirety. The G&Rs Scheduled Claim is hereby disallowed in its

    Debtors or their estates or seeking any recovery from the Debtors or their estates. 3. The Insurer (AIG and National Union) is hereby authorized

    to disburse proceeds under the D&O/EPL Policy in order to pay the fees and expenses incurred by G&R in defending any claims asserted under the D&O/EPL Policy. 4. The Insurers payment of fees and expenses incurred by

    G&R in defending any claims asserted under the D&O/EPL Policy shall not constitute an admission of the availability of coverage or liability for any claims made under the D&O/EPL Policy. 5. The Insurer shall have no claims against the Debtors

    and/or their bankruptcy estates for the amounts paid by the Insurer to G&R for fees and expenses incurred by G&R in defending any claims asserted under the D&O/EPL Policy.
    ///

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    Unless otherwise stated, all capitalized terms herein have the same meanings as in the Stipulation.

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    6.

    The Court has and shall retain exclusive jurisdiction

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

    DATED: March 30, 2012

    United States Bankruptcy Judge

    Case 8:10-bk-16743-TA

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    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, CA 90067 A true and correct copy of the foregoing document described as ORDER APPROVING STIPULATION (1) RESOLVING CLAIMS OF GORDON & REES LLP, AND (2) AUTHORIZING INSURERS TO PAY DEFENSE FEES AND EXPENSES TO GORDON & REES LLP 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 March 22, 2012, 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(indicate method for each person or entity served): On March 22, 2012, 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. The Hon. Theodor C. Albert United States Bankruptcy Court 411 West Fourth Street Santa Ana, CA 92701 James McMullen Gordon & Rees LLP 101 W. Broadway, Suite 2000 San Diego, CA 92101 Service information continued on attached page 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 March 22, 2012, 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 22, 2012 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 Calif ornia.

    26 27 28

    August 2010

    F 9013-3.1.PROOF.SERVICE

    Case 8:10-bk-16743-TA

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    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 APPROVING STIPULATION (1) RESOLVING CLAIMS OF GORDON & REES LLP, AND (2) AUTHORIZING INSURERS TO PAY DEFENSE FEES AND EXPENSES TO GORDON & REES LLP 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 22, 2012, 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] Phillip Ashman [email protected], [email protected];[email protected] Richard L Barnett [email protected], [email protected] Ron Bender [email protected] Eric S Bershatski [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];[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] Jacqueline L James [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] Benjamin Seigel [email protected], [email protected] 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], [email protected] Joseph M Welch [email protected], [email protected];[email protected]

    Case 8:10-bk-16743-TA

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    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: James McMullen Gordon & Rees LLP 101 W. Broadway, Suite 2000 San Diego, CA 92101 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 Califo rnia.

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    August 2010

    F 9021-1.1.NOTICE.ENTERED.ORDER

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