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    Lead Case No. 8:10-bk-16743-TA

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    Chapter 11 Dockets
    1) The debtors (Westcliff Medical Laboratories and BioLabs) and creditor Specialty Laboratories have entered into a stipulation regarding Specialty's voting rights under the debtors' proposed plan of reorganization. 2) Specialty asserts a $5.6 million unsecured claim against the debtors that the debtors are analyzing and may dispute. 3) The stipulation allows Specialty to vote the full amount of its claim unless the debtors object to the claim, in which case all parties reserve their rights regarding voting and claim estimation issues.

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    Lead Case No. 8:10-bk-16743-TA

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    Chapter 11 Dockets
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    1) The debtors (Westcliff Medical Laboratories and BioLabs) and creditor Specialty Laboratories have entered into a stipulation regarding Specialty's voting rights under the debtors' proposed plan of reorganization. 2) Specialty asserts a $5.6 million unsecured claim against the debtors that the debtors are analyzing and may dispute. 3) The stipulation allows Specialty to vote the full amount of its claim unless the debtors object to the claim, in which case all parties reserve their rights regarding voting and claim estimation issues.

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    1) The debtors (Westcliff Medical Laboratories and BioLabs) and creditor Specialty Laboratories have entered into a stipulation regarding Specialty's voting rights under the debtors' proposed plan of reorganization. 2) Specialty asserts a $5.6 million unsecured claim against the debtors that the debtors are analyzing and may dispute. 3) The stipulation allows Specialty to vote the full amount of its claim unless the debtors object to the claim, in which case all parties reserve their rights regarding voting and claim estimation issues.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    41 views5 pages

    Lead Case No. 8:10-bk-16743-TA

    Uploaded by

    Chapter 11 Dockets
    1) The debtors (Westcliff Medical Laboratories and BioLabs) and creditor Specialty Laboratories have entered into a stipulation regarding Specialty's voting rights under the debtors' proposed plan of reorganization. 2) Specialty asserts a $5.6 million unsecured claim against the debtors that the debtors are analyzing and may dispute. 3) The stipulation allows Specialty to vote the full amount of its claim unless the debtors object to the claim, in which case all parties reserve their rights regarding voting and claim estimation issues.

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    Case 8:10-bk-16743-TA

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    RON BENDER (SBN 143364) TODD M. ARNOLD (SBN 221868) JOHN-PATRICK M. FRITZ (SBN 245240) 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: [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) In re: WESTCLIFF MEDICAL LABORATORIES, INC., Debtor. __________________________________ BIOLABS, INC., Lead Case No. 8:10-bk-16743-TA Jointly Administered with Case No. 8:10-bk16746-TA Chapter 11 Cases STIPULATION REGARDING PLAN VOTING RIGHTS FOR SPECIALTY LABORATORIES, INC. Disclosure Statement Hearing: Date: October 26, 2011 Time: 10:00 a.m. Plan Confirmation Hearing: Affects WESTCLIFF MEDICAL LABORATORIES, INC. only Affects BIOLABS, INC. only Date: [To Be Scheduled] Time: [To Be Scheduled] Place: Courtroom 5B 411 West Fourth Street Santa Ana, CA 92701-4593

    16 17 18 19 20 21 22 23 24 25 26 27 28 Debtor. __________________________________ Affects Both Debtors

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    Westcliff Medical Laboratories, Inc. and BioLabs, Inc., the Debtors and Debtors in Possession in the above-referenced Chapter 11 bankruptcy cases (collectively, the Debtors), and creditor Specialty Laboratories, Inc. (Specialty) hereby enter into this Stipulation with reference to the following:

    5 6 7 8 9 10 11 12 C. 13 14 15 16 17 18 19 will or will not be permitted to vote any disputed Specialty Unsecured Claim to accept or to reject 20 21 22 23 24 25 26 27 rejection vote by Specialty causes the Plan not to be confirmable, the Debtor agrees not to 28 the Plan. THEREFORE, BASED UPON THE FOREGOING, THE DEBTORS AND SPECIALTY HEREBY AGREE AS FOLLOWS: 1. Except as otherwise set forth in paragraphs 2 and 3 below, Specialty shall have the of approximately $5,646,729.19 (the Specialty Unsecured Claim). The Debtors are in the process of analyzing the Specialty Unsecured Claim to determine whether there is any basis to dispute the validity or the amount of the Specialty Unsecured Claim. D. In the event that the Debtors elect to file an objection to the Specialty Unsecured Specialty has asserted a general unsecured claim against the Debtors in the amount A. The Debtors commenced their bankruptcy cases by filing voluntary petitions for

    relief under Chapter 11 of Title 11, United States Code, 11 U.S.C. 101, et seq. (the Bankruptcy Code) on May 19, 2010. B. The Debtors have filed a liquidating plan of reorganization (the Plan). A hearing

    is scheduled to be held on October 26, 2011 at 10:00 a.m. for the Court to consider approval of the Debtors disclosure statement filed in respect of the Plan.

    Claim, the Debtors and Specialty wish to avoid an unnecessary dispute over whether Specialty

    right to vote the full amount of the Specialty Unsecured Claim to accept or to reject the Plan. 2. Unless Specialty votes the Specialty Unsecured Claim to reject the Plan and that

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    challenge the validity or amount of the Specialty Unsecured Claim for purposes of computing class acceptance of the Plan. 3. If there is a pending objection to the Specialty Unsecured Claim and Specialty

    votes the Specialty Unsecured Claim to reject the Plan and that rejection vote by Specialty causes 5 6 7 8 9 10 11 12 objection filed by the Debtors. 13 14 15 Approved: 16 17 18 19 20 21 22 23 24 25 26 27 28 By: /s/ Ron Bender RON BENDER TODD M. ARNOLD JOHN-PATRICK M. FRITZ LEVENE, NEALE, BENDER, YOO & BRILL L.L.P. Attorneys for Chapter 11 Debtors and Debtors in Possession Dated: October 19, 2011 LEVENE, NEALE, BENDER, YOO & BRILL L.L.P. Dated: October 19, 2011 SHARON Z. WEISS HOLME ROBERTS & OWEN LLP Brett D. Fallon Carl N. Kunz, III MORRIS JAMES LLP By: /s/ Sharon Z. Weiss SHARON Z. WEISS Attorneys for Specialty Laboratories, Inc. 5. All other rights of the parties are expressly reserved herein. Approved: the Plan not to be confirmable, the Debtors and Specialty both reserve all rights under (i) Bankruptcy Rule 3018(a) to have the Specialty Unsecured Claim temporarily allowed for Plan voting purposes, and/or (ii) Section 502(c) of the Bankruptcy Code to have the Specialty Unsecured Claim estimated for Plan voting purposes. 4. The Debtors reserve all rights to file any objection to the Specialty Unsecured

    Claim that the Debtors deem appropriate, and Specialty reserves all rights to respond to any such

    Case 8:10-bk-16743-TA

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    NOTE: When using this form to indicate service of a proposed order, DO NOT list any person or entity in Category I. Proposed orders do not generate an NEF because only orders that have been entered are placed on the CM/ECF docket.

    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, CA 90067 A true and correct copy of the foregoing document described as STIPULATION REGARDING PLAN VOTING RIGHTS FOR SPECIALTY LABORATORIES, 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 October 24, 2011, 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: Raymond G Alvarado [email protected] Todd M Arnold [email protected] Phillip Ashman [email protected], [email protected];[email protected] Richard L Barnett [email protected], [email protected] Ron Bender [email protected] Ronald K Brown [email protected] Jennifer Witherell Crastz [email protected] Carol J Fogleman [email protected] Anthony A Friedman [email protected] John-patrick M Fritz [email protected] Jeffrey K Garfinkle [email protected], [email protected];[email protected] Fredric Glass [email protected] Nancy S Goldenberg [email protected] D Edward Hays [email protected] Michael J Heyman [email protected] Mark D Houle [email protected] Jacqueline L James [email protected] Jeff D Kahane [email protected] Andy Kong [email protected] Rodger M Landau [email protected], [email protected] Matthew A Lesnick [email protected] Michael B Lubic [email protected] Frank F McGinn [email protected] Elissa Miller [email protected], [email protected] Aram Ordubegian [email protected] Ernie Zachary Park [email protected] Richard Park [email protected] Justin E Rawlins [email protected], [email protected] Benjamin Seigel [email protected], [email protected] David B Shemano [email protected] Philip E Strok [email protected] United States Trustee (SA) [email protected]

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    Howard J Weg [email protected] Sharon Z Weiss [email protected] Joseph M Welch [email protected] Johnny White , [email protected];[email protected];[email protected] 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
    This form is mandatory. It has been approved for use by the United States Bankruptcy Court for the Central District of California. August 2010

    II. SERVED BY U.S. MAIL OR OVERNIGHT MAIL(indicate method for each person or entity served): On October 24, 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.
    Served by Overnight Mail Hon. Theodor Albert United States Bankruptcy Court 411 West Fourth Street Santa Ana, CA 92701

    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 October 24, 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. October 24, 2011 Date Lourdes Cruz Type Name /s/ Lourdes Cruz Signature

    F 9013-3.1.PROOF.SERVICE

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