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) JUL 01 2010 TODD M. ARNOLD (SBN 221868) JOHN-PATRICK M. FRITZ (SBN 245240) LEVENE, NEALE, BENDER, RANKIN & BRILL L.L.P. CLERK U.S. BANKRUPTCY COURT 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: rb@lnbrb.com; jlr@lnbrb.com; tma@lnbrb.com; jpf@lnbrb.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 APPROVING 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: June 23, 2010 Time: 10:00 a.m. Place: Courtroom 5B 411 West Fourth Street Santa Ana, CA 92701-4593 Continued Scheduled Hearing: Date: July 28, 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
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) [docket entry no. 141] 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 July 28, 2010, at 10:00 a.m. (the Stipulated
Hearing Date); IT IS FURTHER ORDERED that in the event that the Debtors and Objecting Parties cannot resolve their respective issues
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
Case 8:10-bk-16743-TA
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IT IS FURTHER ORDERED that this Court has and shall retain exclusive therein. IT IS SO ORDERED. # # # jurisdiction on the Limited Objections and issues
Case 8:10-bk-16743-TA
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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
A true and correct copy of the foregoing document described as ORDER APPROVING 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 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 June 23, 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 June 23, 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 23, 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 MESSENGER SERVICE Hon. Theodor Albert United States Bankruptcy Judge United States Bankruptcy Court Courtroom 5B 411 West Fourth Street Santa Ana, CA 92701 Service information continued on attached page
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I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. June 8, 2010 Date
January 2009
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-bk16746
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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
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Service information continued on attached page
Westcliff Medical Laboratories, Inc. 1821 E. Dyer Road, #100 Santa Ana, CA 92705
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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:
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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