Filed & Entered
Filed & Entered
Filed & Entered
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RON BENDER (SBN 143364) BETH ANN R. YOUNG (SBN 143945) FILED & ENTERED TODD M. ARNOLD (SBN 221868) LINDSEY L. SMITH (SBN 265401) AUG 13 2012 LEVENE, NEALE, BENDER, YOO & BRILL L.L.P. 10250 Constellation Boulevard, Suite 1700 Los Angeles, California 90067 CLERK U.S. BANKRUPTCY COURT Central District of California Telephone: (310) 229-1234; Facsimile: (310) 229-1244 BY daniels DEPUTY CLERK Email: rb@lnbyb.com; bry@lnbyb.com; tma@lnbyb.com; lls@lnbyb.com Attorneys for Estate Representative 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
Case No. 8:10-bk-16743-TA Jointly Administered with Case No. 8:10-bk-16746-TA Chapter 11 Cases ORDER APPROVING PREFERENCE PAYMENT SETTLEMENT AGREEMENT (ONTRAC) [No Hearing Required Unless Requested]
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ORDER APPROVING PREFERENCE PAYMENT SETTLEMENT AGREEMENT (ONTRAC)
Case 8:10-bk-16743-TA
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On July 19, 2012 (the Settlement Notice Filing Date), notice was filed and served regarding a Preference Payment Settlement Agreement (the Settlement Agreement) which had been reached between Westcliff Medical Laboratories, Inc. and Biolabs, Inc., the debtors and debtors in possession in the above-captioned, jointly administered Chapter 11 bankruptcy cases (collectively, the Debtors), on the one hand, and Express Messengers System, Inc. dba ONTRAC, on the other hand. Pursuant to the terms of the Preference Settlement Protocol, which was made applicable pursuant to the terms of the confirmed plan of reorganization in the Debtors Chapter 11 cases, parties in interest had five calendar days from the Settlement Notice Filing Date to file an opposition to the proposed Settlement Agreement or to request a hearing on the proposed Settlement Agreement. Since no party in interest filed a timely opposition to the proposed Settlement Agreement or requested a hearing on the proposed Settlement Agreement, the Settlement Agreement is hereby approved. ###
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ORDER APPROVING PREFERENCE PAYMENT SETTLEMENT AGREEMENT (ONTRAC)
Case 8:10-bk-16743-TA
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A true and correct copy of the foregoing document entitled (specify): ORDER APPROVING PREFERENCE PAYMENT SETTLEMENT AGREEMENT (ONTRAC) 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 stated below: 1. TO BE SERVED BY THE COURT VIA NOTICE OF ELECTRONIC FILING (NEF): Pursuant to controlling General Orders and LBR, the foregoing document will be served by the court via NEF and hyperlink to the document. On (date) _______________, I checked the CM/ECF docket for this bankruptcy case or adversary proceeding and determined that the following persons are on the Electronic Mail Notice List to receive NEF transmission at the email addresses stated below: Service information continued on attached page 2. SERVED BY UNITED STATES MAIL: On (date) July 26, 2012, I served the following persons and/or entities at the last known addresses 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 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 Honorable Theodor C. Albert U.S. Bankruptcy Court 411 W. Fourth St., #5085 Santa Ana, CA 92701 Service information continued on attached page 3. SERVED BY PERSONAL DELIVERY, OVERNIGHT MAIL, FACSIMILE TRANSMISSION OR EMAIL (state method for each person or entity served): Pursuant to F.R.Civ.P. 5 and/or controlling LBR, on (date) _______________, I served the following persons and/or entities by personal delivery, overnight mail service, 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, or overnight mail to, 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 that the foregoing is true and correct.
Katie Finn
Printed Name
/s/Katie Finn
Signature
This form is mandatory. It has been approved for use by the United States Bankruptcy Court for the Central District of California. June 2012
F 9013-3.1.PROOF.SERVICE
Case 8:10-bk-16743-TA
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F 9021-1.1.NOTICE.ENTERED.ORDER
Case 8:10-bk-16743-TA
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Elissa Miller emiller@sulmeyerlaw.com, asokolowski@sulmeyerlaw.com Kerry A Moynihan kerry.moynihan@bryancave.com, raul.morales@bryancave.com;trish.penn@bryancave.com Aram Ordubegian ordubegian.aram@arentfox.com Keith C Owens kowens@venable.com, bclark@venable.com Ernie Zachary Park ernie.park@bewleylaw.com Richard Park Richard.Park@usdoj.gov John E Polich john.polich@ventura.org Justin E Rawlins jrawlins@winston.com, docketla@winston.com Christopher O Rivas crivas@reedsmith.com Martha E Romero Romero@mromerolawfirm.com Lorraine M Sarles lorraine.sarles@alston.com Steven J Schwartz sschwartz@dgdk.com, DanningGill@gmail.com Benjamin Seigel bseigel@buchalter.com, IFS_filing@buchalter.com David B Shemano dshemano@peitzmanweg.com Lindsey L Smith lls@lnbyb.com Philip E Strok pstrok@wgllp.com Cathy Ta cathy.ta@bbklaw.com, Arthur.Johnston@bbklaw.com;lisa.spencer@bbklaw.com David A Tilem davidtilem@tilemlaw.com, malissamurguia@tilemlaw.com;dianachau@tilemlaw.com;joanfidelson@tilemlaw.com United States Trustee (SA) ustpregion16.sa.ecf@usdoj.gov Matthew S Walker matthew.walker@pillsburylaw.com, sue.hodges@pillsburylaw.com;pamela.breeden@pillsburylaw.com Howard J Weg hweg@peitzmanweg.com Sharon Z Weiss sharon.weiss@bryancave.com, raul.morales@hro.com Sharon Z Weiss sharon.weiss@hro.com, raul.morales@hro.com Joseph M Welch jwelch@buchalter.com, jmealey-hatch@buchalter.com;docket@buchalter.com Johnny White , ecf@blakeleyllp.com;dmannion@blakeleyllp.com Beth Ann R Young bry@lnbyb.com Service information continued on attached page
2. SERVED BY THE COURT VIA UNITED STATES 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 persons and/or entities at the addresses indicated below:
Westcliff Medical Laboratories, Inc. c/o FTI Consulting 633 West Fifth St 16th Fl Los Angeles, CA 90071
Service information continued on attached page 3. 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 United States mail, overnight mail, facsimile transmission or email and file a proof of service of the entered order on the following persons and/or entities at the addresses, facsimile transmission numbers, and/or email addresses stated below:
This form is mandatory. It has been approved for use by the United States Bankruptcy Court for the Central District of California. June 2012
F 9021-1.1.NOTICE.ENTERED.ORDER