Filed & Entered: Clerk U.S. Bankruptcy Court Central District of California by Deputy Clerk
Filed & Entered: Clerk U.S. Bankruptcy Court Central District of California by Deputy Clerk
Filed & Entered: Clerk U.S. Bankruptcy Court Central District of California by Deputy Clerk
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RON BENDER (SBN 143364) JACQUELINE L. RODRIGUEZ (SBN 198838) AUG 23 2010 TODD M. ARNOLD (SBN 221868) JOHN-PATRICK M. FRITZ (SBN 245240) CLERK U.S. BANKRUPTCY COURT LEVENE, NEALE, BENDER, YOO & BRILL L.L.P. Central District of California 10250 Constellation Boulevard, Suite 1700 BY ngo DEPUTY CLERK Los Angeles, California 90067 Telephone:(310) 229-1234; Facsimile:(310)229-1244 Email: [email protected]; [email protected]; [email protected]; [email protected] 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: 1
Case No. 8:10-bk-16743-TA Lead Case, Jointly Administered with Case No. 8:10-bk-16746-TA Chapter 11 Cases ORDER APPROVING SECOND STIPULATION CONTINUING HEARING ON ISSUES RELATING TO CURE, ASSUMPTION, AND ASSIGNMENT OF EXECUTORY CONTRACTS AND UNEXPIRED LEASES FOR PARTIES THAT FILED OBJECTIONS TO DEBTORS SALE MOTION [DOCKET ENTRY NO.72] FILED ON MAY 28, 2010 Original Scheduled Hearing: Date: July 28, 2010 Time: 10:00 a.m. Place: Courtroom 5B 411 West Fourth Street Santa Ana, CA 92701-4593 Proposed Continued Hearing: Date: August 25, 2010 Time: 10:00 a.m. Place: Courtroom 5B 411 West Fourth Street Santa Ana, CA 92701-4593
Case 8:10-bk-16743-TA
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The
Court,
having
considered
the
Second
Stipulation
Continuing Hearing on Issues Relating to Cure, Assumption and Assignment of Executory Contracts and Unexpired Leases for
Parties that Filed Objections to Debtors Sale Motion [Docket Entry No. 72] Filed on May 28, 2010 (the Stipulation) between the Debtors on the one hand an the Objecting Parties (as that term is defined in the Stipulation) on the other hand, the entire record in these cases, and good cause appearing, IT IS HEREBY ORDERED that the Stipulation is approved; IT IS FURTHER ORDERED that the hearing on the Limited
Objections (as that term is defined in the Stipulation) shall be continued to August 25, 2010, at 10:00 Hearing Date); IT IS FURTHER ORDERED that in the event that the Debtors and Objecting Parties cannot resolve their respective issues a.m. (the Stipulated
relating to the Limited Objections, then the date by which the Debtors must file be and the serve date their seven replies (7) to the prior Limited to the
Objections
shall
days
Stipulated Hearing Date; IT IS FURTHER ORDERED that Debtors shall continue to timely
Mission Hospital as lessor with regard to the premises located at 27800 Medical Center Road Ste # 118 and 26732 Crown Valley
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each lease has either been assumed and assigned or rejected and possession relinquished to Mission Hospital as lessor. Said
payments may be made by LabWest Inc. (including its corporate parent or subsidiaries), Inc. shall not be however, any such payments by LabWest to create any tenancy as between
deemed
assumption and assignment of the above lease(s) may be asserted by Mission Hospital as a cure claim or subsequently as an
obligation under the applicable lease. This provision does not establish Mission Hospitals entitlement to any such fees or
costs but merely acknowledges its rights to assert the same; and IT IS FURTHER ORDERED that this Court has and shall retain exclusive therein. IT IS SO ORDERED. # # # jurisdiction on the Limited Objections and issues
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1
In re:
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CHAPTER 11 Case No. 8:10-bk-16743 Jointly Administered with Case No. 8:10-bk-16746
Office of the United States Trustee 411 West Fourth Street Suite 9041 Santa Ana, CA 92701-8000 RSN Rita A. Woodard Treasurer-Tax Collector 221 S. Mooney Blvd., Room 104-E Visalia, CA 93291-4593
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 July 27, 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.
Case 8:10-bk-16743-TA
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July 27, 2010 Date
January 2009
Richard L Barnett [email protected], [email protected] Jennifer Witherell Crastz [email protected] Carol J Fogleman [email protected] Jeffrey K Garfinkle [email protected], [email protected] Nancy S Goldenberg [email protected] Michael J Heyman [email protected] Mark D Houle [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] Benjamin Seigel [email protected], [email protected] David B Shemano [email protected] Howard J Weg [email protected] Sharon Z Weiss [email protected]
VIA PERSONAL DELIVERY Hon. Theodor Albert United States Bankruptcy Court Courtroom 5B 411 West Fourth Street Santa Ana, CA 92701
I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. John Berwick Type Name /s/ John Berwick 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
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In re: CHAPTER 11 Case No. 8:10-bk-16743 Jointly Administered with Case No. 8:10-bk-16746 Debtors.
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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] Mark D Houle [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] Benjamin Seigel [email protected], [email protected] David B Shemano [email protected] United States Trustee (SA) [email protected] Howard J Weg [email protected] Sharon Z Weiss [email protected]
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. 1821 E. Dyer Road, #100 Santa Ana, CA 92705
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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:
Debtors Westcliff Medical Laboratories, Inc. BioLabs, Inc. 1821 E. Dyer Road, #100 Santa Ana, CA 92705 RSN Rita A. Woodard Treasurer-Tax Collector 221 S. Mooney Blvd., Room 104-E Visalia, CA 93291-4593 RSN Los Angeles County Treasurer and Tax Collector P.O. Box 54110 Los Angeles, CA 90054-0110 RSN Robert Brill, Of Counsel Grant Callison, VP Cambridge Healthcare Properties, Inc. 1717 Main Street, 59th Floor Dallas, TX 75201 Steven A. Oldham, Sr. Staff Atty State of CA, Dept. of Health Care Services Office of Legal Services MS 0010 P.O. Box 997413 Sacramento, CA 95899-7413 RSN-Counsel for Enterprise Rent-A-Car Michael I. Gottfried, Esq. Landau Gottfried & Berger, LLP 1801 Century Park East, Suite 1460 Los Angeles, CA 90067
This form is mandatory. It has been approved for use by the United States Bankruptcy Court for the Central District of California.
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January 2009
F 9021-1.1