Filed & Entered: United States Bankruptcy Court Central District of California Santa Ana Division
Filed & Entered: United States Bankruptcy Court Central District of California Santa Ana Division
Filed & Entered: United States Bankruptcy Court Central District of California Santa Ana Division
Doc 385 Filed 03/21/11 Entered 03/21/11 10:51:11 Main Document Page 1 of 6
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: rb@lnbyb.com; tma@lnbyb.com
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: CLAIMS OF ALPHA SCIENTIFIC MEDICAL, INC. [No Hearing Required]
Case 8:10-bk-16743-TA
Doc 385 Filed 03/21/11 Entered 03/21/11 10:51:11 Main Document Page 2 of 6
Desc
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 of
Upon
consideration
of
the
stipulation
(the
Stipulation)1
IT IS HEREBY ORDERED THAT: 1. 2. The Stipulation is hereby approved in its entirety. The Scheduled Claim and Claim 68 are hereby disallowed in
their entirety. 3. Claim 179 is hereby allowed in its entirety in the amount with $15,820.06 of such claim allowed as an
$117,061.36,
administrative claim under Bankruptcy Code Section 503(b)(9) and $101,241.30 of such claim allowed as a general unsecured claim. 4. Alpha and Riverside, solely in its capacity as the
claims against the Debtors bankruptcy estates based on claims held by Alpha. 5. assert The Debtors are deemed to have reserved their rights to any avoidance Code, and actions Alpha arising under Chapter 5 of to the have
Bankruptcy
and
Riverside
are
deemed
reserved any and all defenses to such actions. 6. The Stipulation shall be binding on the Debtors and their
23 24 25 26 27 28
1
bankruptcy estates notwithstanding any conversion of either of the Debtors bankruptcy cases to a different Chapter under the
Bankruptcy Code.
All capitalized terms herein have the same meanings as in the Stipulation.
Case 8:10-bk-16743-TA
Doc 385 Filed 03/21/11 Entered 03/21/11 10:51:11 Main Document Page 3 of 6
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
7.
Case 8:10-bk-16743-TA
Doc 385 Filed 03/21/11 Entered 03/21/11 10:51:11 Main Document Page 4 of 6
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
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
A true and correct copy of the foregoing document described as ORDER RE: STIPULATION RE: CLAIMS OF ALPHA SCIENTIFIC MEDICAL, INC. 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 ______________, 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 9, 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. VIA OVERNIGHT MAIL Hon. Theodor Albert United States Bankruptcy Court 411 West Fourth Street Santa Ana, CA 92701 Service by U.S. Mail ALPHA SCIENTIFIC MEDICAL, INC c/o Neil Herskowitz c/o Riverside Claims LLC PO Box 626, Planetarium Station New York, NY 10024-0540 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 9, 2011 Date
January 2009
Service by U.S. Mail ALPHA SCIENTIFIC MEDICAL, INC. assigned to Riverside Claims LLC P.O. Box 626 Planetarium Station New York, NY 10024-0000
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
4
Case 8:10-bk-16743-TA
Doc 385 Filed 03/21/11 Entered 03/21/11 10:51:11 Main Document Page 5 of 6
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
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-bk16746
Case 8:10-bk-16743-TA
Doc 385 Filed 03/21/11 Entered 03/21/11 10:51:11 Main Document Page 6 of 6
Desc
1 2 3 4 5 6 7 8 9 10 11
Joseph M Welch
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
12
This form is mandatory. It has been approved for use by the United States Bankruptcy Court for the Central District of California.
13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
January 2009
F 9021-1.1