Filed & Entered: Clerk U.S. Bankruptcy Court Central District of California by Deputy Clerk

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Case 8:10-bk-16743-TA Doc 168 Filed 07/03/10 Entered 07/03/10 22:13:38 Imaged Certificate of Service Page 1 of 8

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FILED & ENTERED


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 1 In re: 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 ) ) ) ) ) ) ) ) ) ) ) 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 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: [email protected]; [email protected]; [email protected]; [email protected] Attorneys for Chapter 11 Debtors and Debtors in Possession

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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

14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 / / / / / / / / the 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

Stipulated Hearing Date; and

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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

DATED: July 1, 2010

United States Bankruptcy Judge

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In re:

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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

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 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

Jason Klassi Type Name

/s/ Jason Klassi 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

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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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WESTCLIFF MEDICAL LABORATORIES, INC., Debtor(s). BIOLABS, INC., Debtor.

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 attorney) 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 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 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 23, 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] Nancy S Goldenberg [email protected] Carol J Fogleman [email protected] John-patrick M Fritz [email protected] Jeffrey K Garfinkle [email protected], [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] United States Trustee (SA) [email protected] Sharon Z Weiss [email protected] Service information continued on attached page

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:

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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

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CERTIFICATE OF NOTICE
User: admin Form ID: pdf031 Page 1 of 1 Total Noticed: 27

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

Date Rcvd: Jul 01, 2010

The following entities were noticed by first class mail on Jul 03, 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 +Benjamin Seigel, Buchalter Nemer, a Professional Corporat, 1000 Wilshire Blvd, Ste 1500, Los Angeles, CA 90017-1730 aty Carol J Fogleman, Burke Williams & Sorensen LLP, 2280 Market St, Ste 300, Riverside, CA 92501-2121 aty +Ernie Zachary Park, 13215 E Penn St #510, Whittier, CA 90602-1776 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 op David W Gee, Garvey Schubert Barer, 1191 Second Ave 18th Fl, Seattle, WA 98101-2939 cr Department of Health Care Services, Office of Legal Services, Attn: Steven A. Oldham, Staff Attorney, MS 0010, PO Box 997413, Sacramento, CA 95899-7413 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. cr intp crcm cr cr cr cr cr intp cr ***** BYPASSED RECIPIENTS (undeliverable, * duplicate) ***** County of Tulare California Courtesy NEF Creditors Committee Grifols USA LLC Health Net, Inc. Mission Hospital Regional Medical Center dba Missi Orange County Treasurer-Tax Collector Roche Diagnostics Corporation Specialty Laboratories, Inc. The Irvine Company LLC TOTALS: 10, * 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: Jul 03, 2010

Signature:

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