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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 resolving claims between debtors Westcliff Medical Laboratories, Inc. and Biolabs, Inc. and creditor Siemens Healthcare Diagnostics. The order allows Siemens' claim as an administrative expense of $69,230.97 and an unsecured claim of $767,020.73. It also retains the debtors' rights to any litigation claims against Siemens and Siemens' defenses to those claims. The court maintains jurisdiction over issues regarding the stipulation.

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

    Uploaded by

    Chapter 11 Dockets
    45 views5 pages
    This document is a court order approving a stipulation resolving claims between debtors Westcliff Medical Laboratories, Inc. and Biolabs, Inc. and creditor Siemens Healthcare Diagnostics. The order allows Siemens' claim as an administrative expense of $69,230.97 and an unsecured claim of $767,020.73. It also retains the debtors' rights to any litigation claims against Siemens and Siemens' defenses to those claims. The court maintains jurisdiction over issues regarding the stipulation.

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    This document is a court order approving a stipulation resolving claims between debtors Westcliff Medical Laboratories, Inc. and Biolabs, Inc. and creditor Siemens Healthcare Diagnostics. The order allows Siemens' claim as an administrative expense of $69,230.97 and an unsecured claim of $767,020.73. It also retains the debtors' rights to any litigation claims against Siemens and Siemens' defenses to those claims. The court maintains jurisdiction over issues regarding the stipulation.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    45 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 resolving claims between debtors Westcliff Medical Laboratories, Inc. and Biolabs, Inc. and creditor Siemens Healthcare Diagnostics. The order allows Siemens' claim as an administrative expense of $69,230.97 and an unsecured claim of $767,020.73. It also retains the debtors' rights to any litigation claims against Siemens and Siemens' defenses to those claims. The court maintains jurisdiction over issues regarding 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

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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 MAY 01 2012


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

    UNITED STATES BANKRUPTCY COURT CENTRAL DISTRICT OF CALIFORNIA (SANTA ANA DIVISION) In re: WESTCLIFF MEDICAL LABORATORIES, INC., Debtor. _________________________________ BIOLABS, INC., Debtor. _________________________________ [No Hearing Required] Affects Both Debtors Affects WESTCLIFF MEDICAL LABORATORIES, INC. only Affects BIOLABS, INC. only ORDER RE: STIPULATION RESOLVING CLAIMS OF SIEMENS HEALTHCARE DIAGNOSTICS Case No. 8:10-bk-16743-TA Jointly Administered with Case No. 8:10-bk-16746-TA Chapter 11 Cases

    DATED: May 1, 2012

    United States Bankruptcy Judge

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    1

    Upon consideration of the STIPULATION RESOLVING CLAIMS OF SIEMENS HEALTHCARE DIAGNOSTICS (the Stipulation) 1 entered into by the Debtors and Siemens, and for good cause shown, IT IS HERBY ORDERED THAT: 1. 2. their entirety. 3. Claim No. 242 is hereby allowed as an administrative claim in the amount of The Stipulation is hereby approved in its entirety. The Scheduled Claim and Claim Nos. 209, 210, and 211 are hereby disallowed in

    $69,230.97 pursuant to 11 U.S.C. 503(b)(9) and a general unsecured claim in the amount of $767,020.73 (the Allowed Claim). 4. Notwithstanding any other provision of the Stipulation, the Debtors shall be

    deemed to have retained all Litigation Claims. 5. Notwithstanding any other provision of the Stipulation, Siemens shall be deemed

    to have retained any defenses it may have to any Litigation Claims. For the avoidance of doubt, Siemens retains any defense regardless of whether such amounts or transactions are included in the Allowed Claim. 6. The Court has and shall retain exclusive jurisdiction over the Stipulation and the

    issues raised therein. IT IS SO ORDERED. ###

    28

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

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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 d ocket.

    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 RE: STIPULATION RESOLVING CLAIMS OF SIEMENS HEALTHCARE DIAGNOSTICS 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 April 16, 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 OR OVERNIGHT MAIL(indicate method for each person or entity served): On April 16, 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. SERVED BY OVERNIGHT MAIL The Hon. Theodor C. Albert United States Bankruptcy Court 411 West Fourth Street Santa Ana, CA 92701 SERVED BY U.S. MAIL Counsel for Siemens Healthcare Diagnostics, Inc. Kimberly E.C. Lawson Reed Smith LLP 1201 North Market Street, Suite 1500 Wilmington, DE 19801 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 April 16, 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. April 16, 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 California. August 2010

    F 9013-3.1.PROOF.SERVICE

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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 t he 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 att orney) 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 RESOLVING CLAIMS OF SIEMENS HEALTHCARE DIAGNOSTICS 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 April 16, 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]

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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:

    Counsel for Siemens Healthcare Diagnostics, Inc. Kimberly E.C. Lawson Reed Smith LLP 1201 North Market Street, Suite 1500 Wilmington, DE 19801

    Service information continued on attached page

    17 18 19 20 21 22 23 24 25 26 27 28 - 5 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

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