Case 8:10-bk-16743-TA Doc 126 Filed 06/16/10 Entered 06/16/10 22:43:37 Imaged Certificate of Service Page 1 of 7

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 Affects BIOLABS, INC. only WESTCLIFF MEDICAL LABORATORIES, INC., Debtor. ____________________________ BIOLABS, INC., Debtor. ____________________________ Affects Both Debtors Affects WESTCLIFF MEDICAL LABORATORIES, INC. only In re:

Desc

FILED & ENTERED

RON BENDER (SBN 143364) JACQUELINE L. RODRIGUEZ (SBN 198838) TODD M. ARNOLD (SBN 221868) JOHN-PATRICK M. FRITZ (SBN 245240) LEVENE, NEALE, BENDER, RANKIN & 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]; [email protected]; [email protected]

JUN 14 2010
CLERK U.S. BANKRUPTCY COURT Central District of California BY ngo DEPUTY CLERK

CHANGES MADE BY COURT

Proposed Attorneys for Chapter 11 Debtors and Debtors in Possession UNITED STATES BANKRUPTCY COURT CENTRAL DISTRICT OF CALIFORNIA (SANTA ANA DIVISION) Lead Case No. 8:10-bk-16743-TA Jointly Administered with Case No. 8:10-bk-16746-TA Chapter 11 Cases ORDER SETTING EXPEDITED HEARING ON DEBTORS SECOND EMERGENCY MOTION FOR AN ORDER: (1) APPROVING SALE OF SUBSTANTIALLY ALL OF THE DEBTORS ASSETS FREE AND CLEAR OF ALL LIENS, CLAIMS AND INTERESTS; (2) APPROVING OF DEBTORS ASSUMPTION AND ASSIGNMENT OF UNEXPIRED LEASES AND EXECUTORY CONTRACTS AND DETERMINING CURE AMOUNTS; (3) WAIVING THE 14-DAY STAY PERIODS SET FORTH IN BANKRUPTCY RULES 6004(h) AND 6006(d); AND (4) GRANTING RELATED RELIEF Court Hearing: Date: June 18, 2010 Time: 2:00 p.m. Place: Courtroom 5B 411 West Fourth Street Santa Ana, CA 92701-4593

Case 8:10-bk-16743-TA Doc 126 Filed 06/16/10 Entered 06/16/10 22:43:37 Imaged Certificate of Service Page 2 of 7
1 2 3 4 5 6 7 8 9 10 11 12 13 of the Debtors tangible and intangible assets

Desc

The

Court,

having

considered

the

Application

for

Order

Setting Expedited Hearing on the Debtors Second Emergency Motion for an Order of the Court (A) pursuant to 11 U.S.C. 363(f) approving the Debtors free and clear sale of substantially all (excluding

avoidance causes of action and certain other excluded assets) to a new buyer; (B) pursuant to 11 U.S.C. 365, (i) authorizing the Debtors to assume executory contracts and unexpired leases and assign them to the New Buyer; and (ii) establishing the cure amounts, if any, payable under such Assumed Contracts; (C)

waiving the 14-day stay periods set forth in Bankruptcy Rules 6004(h) and 6006(d) to enable the sale to close as quickly as

14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1. A hearing on the New Buyer Sale Motion will be held on June 18, 2010, at 2:00 p.m. /// 2. Any opposition to the New Buyer Sale Motion, or possible; including and (D) granting the certain to other enter related into a relief,

authorizing

Debtors

Transition

Agreement in connection with the sale closing (the New Buyer Sale Motion), filed by Westcliff Medical Laboratories, Inc. and BioLabs, Inc., the Chapter 11 debtors and debtors in possession herein (collectively, the Debtors), and good cause appearing, THE COURT HEREBY ORDERS AS FOLLOWS:

alternative bid,

must be filed with the Court and served on

Case 8:10-bk-16743-TA Doc 126 Filed 06/16/10 Entered 06/16/10 22:43:37 Imaged Certificate of Service Page 3 of 7
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
DATED: June 14, 2010 United States Bankruptcy Judge

Desc

counsel for the Debtors by email or fax by June 17, 2010 @ 5:00 p.m. PDT. 3. must give If a possible alternative sale becomes known, debtor immediate electronic notice to the committee, all

secured creditors, the FTC through its counsel and the UST by 6:00 p.m. June 17, 2010. However, if no alternative bidder

becomes known, counsel for debtor is to so notify the court, the FTC and all parties in interest by 5:00 p.m. June 17 in which case the hearing will come off calendar. ###

Case 8:10-bk-16743-TA Doc 126 Filed 06/16/10 Entered 06/16/10 22:43:37 Imaged Certificate of Service Page 4 of 7
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.

Desc

CHAPTER 11 Case No. 8:10-bk-16743 Jointly Administered with Case No. 8:10-bk-16746

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, California 90067

A true and correct copy of the foregoing document described as ORDER SETTING EXPEDITED HEARING ON DEBTORS SECOND EMERGENCY MOTION FOR AN ORDER: (1) APPROVING SALE OF SUBSTANTIALLY ALL OF THE DEBTORS ASSETS FREE AND CLEAR OF ALL LIENS, CLAIMS AND INTERESTS; (2) APPROVING OF DEBTORS ASSUMPTION AND ASSIGNMENT OF UNEXPIRED LEASES AND EXECUTORY CONTRACTS AND DETERMINING CURE AMOUNTS; (3) WAIVING THE 14-DAY STAY PERIODS SET FORTH IN BANKRUPTCY RULES 6004(h) AND 6006(d); AND (4) GRANTING RELATED RELIEF 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 ___________, 2010, 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 ________, 2010, 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. 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 June 11, 2010, 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. Via Attorney Service Hon. Theodor Albert United States Bankruptcy Court 411 West Fourth Street Santa Ana, CA 92701 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. June 11, 2010 Date
January 2009

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.

F 9013-3.1

Case 8:10-bk-16743-TA Doc 126 Filed 06/16/10 Entered 06/16/10 22:43:37 Imaged Certificate of Service Page 5 of 7
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23
In re: WESTCLIFF MEDICAL LABORATORIES, INC., Debtor(s). BIOLABS, INC., Debtor.

Desc

CHAPTER 11 Case No. 8:10-bk-16743 Jointly Administered with Case No. 8:10-bk16746

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 a ttorney) 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 ORDER SETTING EXPEDITED HEARING ON DEBTORS SECOND EMERGENCY MOTION FOR AN ORDER: (1) APPROVING SALE OF SUBSTANTIALLY ALL OF THE DEBTORS ASSETS FREE AND CLEAR OF ALL LIENS, CLAIMS AND INTERESTS; (2) APPROVING OF DEBTORS ASSUMPTION AND ASSIGNMENT OF UNEXPIRED LEASES AND EXECUTORY CONTRACTS AND DETERMINING CURE AMOUNTS; (3) WAIVING THE 14-DAY STAY PERIODS SET FORTH IN BANKRUPTCY RULES 6004(h) AND 6006(d); AND (4) GRANTING RELATED RELIEF 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 June 11, 2010, 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. Todd M Arnold [email protected] Richard L Barnett [email protected], [email protected] Ron Bender [email protected] Jennifer Witherell Crastz [email protected] Carol J Fogleman [email protected] John-patrick M Fritz [email protected] Jeffrey K Garfinkle [email protected], [email protected] Nancy S Goldenberg [email protected] Michael J Heyman [email protected] Andy Kong [email protected] Rodger M Landau [email protected], [email protected] Michael B Lubic [email protected] Aram Ordubegian [email protected] Justin E Rawlins [email protected], [email protected] Jacqueline L Rodriguez [email protected] United States Trustee (SA) [email protected] Sharon Z Weiss [email protected] Service information continued on attached page

24 25 26 27 28

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:

Case 8:10-bk-16743-TA Doc 126 Filed 06/16/10 Entered 06/16/10 22:43:37 Imaged Certificate of Service Page 6 of 7
1 2 3

Desc

Debtor Westcliff Medical Laboratories, Inc. 1821 E. Dyer Road, #100 Santa Ana, CA 92705-0000 Service information continued on attached page

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. 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.

January 2009

F 9021-1.1

Case 8:10-bk-16743-TA Doc 126 Filed 06/16/10 Entered 06/16/10 22:43:37 Imaged Certificate of Service Page 7 of 7

Desc

CERTIFICATE OF NOTICE
User: admin Form ID: pdf031 Page 1 of 1 Total Noticed: 23

District/off: 0973-8 Case: 10-16743

Date Rcvd: Jun 14, 2010

The following entities were noticed by first class mail on Jun 16, 2010. db +Westcliff Medical Laboratories, Inc., 1821 E. Dyer Road, #100, Santa Ana, CA 92705-5700 aty +Andy Kong, Arent Fox LLP, 555 W Fifth St Ste 4800, Los Angeles, CA 90013-1065 aty Aram Ordubegian, Arent Fox LLP, 555 W 5th St 48th Fl, Los Angeles, CA 90013-1065 aty Carol J Fogleman, Burke Williams & Sorensen LLP, 2280 Market St, Ste 300, Riverside, CA 92501-2121 aty +Jacqueline L Rodriguez, 10250 Constellation Blvd Ste 1700, Los Angeles, CA 90067-6253 aty +Jeffrey K Garfinkle, Buchalter Nemer, 18400 Von Karman Ave Ste 800, Irvine, CA 92612-0514 aty Jennifer Witherell Crastz, 15910 Ventura Blvd 12th Flr, Encino, CA 91436-2829 aty +John-patrick M Fritz, Levene Neale Bender Rankin et al, 10250 Constellation Blvd Ste 1700, Los Angeles, CA 90067-6253 aty +Justin E Rawlins, 333 S Grand Ave 38th Fl, Los Angeles, CA 90071-1504 aty +Mark D Houle, Pillsbury Winthrop Shaw Pittman LLP, 650 Town Center Dr, 7th Floor, Costa Mesa, Ca 92626-1989 aty +Michael B Lubic, 601 S Figueroa St Ste 1500, Los Angeles, CA 90017-5720 aty +Michael J Heyman, 10100 Santa Monica Blvd, 7th Flr, Los Angeles, CA 90067-4003 aty Nancy S Goldenberg, 411 W Fourth St Ste 9041, Santa Ana, CA 92701-8000 aty +Richard L Barnett, 5450 Trabuco Road, Irvine, CA 92620-5704 aty +Rodger M Landau, Landau Gottfried & Berger LLP, 1801 Century Park E Ste 1460, Los Angeles, CA 90067-2316 aty +Ron Bender, 10250 Constellation Blvd Ste 1700, Los Angeles, CA 90067-6253 aty +Sharon Z Weiss, Holme Roberts & Owen LLP, 800 W Olympic Blvd 4th, Los Angeles, CA 90015-1360 aty +Todd M Arnold, Levene, Neale, Bender, Rankin & Bri, 10250 Constellation Blvd Ste 1700, Los Angeles, CA 90067-6253 ust +United States Trustee (SA), 411 W Fourth St., Suite 9041, Santa Ana, CA 92701-8000 cr +Beckman Coulter, Inc., c/o Hemar, Rousso & Heald, LLP, 15910 Ventura Blvd., 12th Floor, Encino, CA 91436-2802 cr City of Wildomar, c/o Burke, Williams & Sorensen, LLP, 2280 Market Street, Suite 300, Riverside, CA 92501-2121 cr +Enterprise Rent-A-Car of Los Angeles, dba Enterpri, 17210 South Main Street, Attn: Michael Gerges, Gardena, CA 90248-3130, UNITED STATES OF AMERICA intp +Laboratory Corporation of America, c/o K&L Gates LLP, 10100 Santa Monica Blvd., 7th Floor, Los Angeles, CA 90067-4003 The following entities were noticed by electronic transmission. NONE. intp crcm cr cr cr cr intp ***** BYPASSED RECIPIENTS (undeliverable, * duplicate) ***** Courtesy NEF Creditors Committee Grifols USA LLC Health Net, Inc. Mission Hospital Regional Medical Center dba Missi Roche Diagnostics Corporation Specialty Laboratories, Inc. TOTALS: 7, * 0 Addresses marked + were corrected by inserting the ZIP or replacing an incorrect ZIP. USPS regulations require that automation-compatible mail display the correct ZIP. TOTAL: 0

I, Joseph Speetjens, declare under the penalty of perjury that I have sent the attached document to the above listed entities in the manner shown, and prepared the Certificate of Notice and that it is true and correct to the best of my information and belief. Meeting of Creditor Notices only (Official Form 9): Pursuant to Fed. R. Bank. P. 2002(a)(1), a notice containing the complete Social Security Number (SSN) of the debtor(s) was furnished to all parties listed. This official court copy contains the redacted SSN as required by the bankruptcy rules and the Judiciarys privacy policies.

Date: Jun 16, 2010

Signature: