Case 8:10-bk-16743-TA

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JEFFREY K. GARFINKLE (Cal. State Bar No. 153496) BENJAMIN S. SEIGEL (Cal. State Bar No. 59992) JOSEPH M. WELCH (Cal. State Bar No. 259308) BUCHALTER NEMER A Professional Corporation 18400 Von Karman Avenue, Suite 800 Irvine, California 92612-0514 Telephone: (949) 760-1121 Facsimile: (949) 720-0182 Email: jgarfinkle@buchalter.com bseigel@buchalter.com jwelch@buchalter.com Proposed Counsel to the Official Committee of Unsecured Creditors UNITED STATES BANKRUPTCY COURT

10 CENTRAL DISTRICT OF CALIFORNIA 11 SANTA ANA DIVISION 12 13 In re: 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

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WESTCLIFF MEDICAL LABORATORIES, INC., Debtor. BIOLABS, INC., Debtor.

Lead Case No.: 8:10-bk-16743-TA Jointly Administered with Case No. 8:10-bk-16746-TA Chapter 11 NOTICE OF APPLICATION FOR ORDER AUTHORIZING EMPLOYMENT OF BUCHALTER NEMER, A PROFESSIONAL CORPORATION AS COUNSEL TO THE OFFICIAL COMMITTEE NUNC PRO TUNC TO MAY 24, 2010 [No Hearing Required Per Local Bankruptcy Rule 2014-1(b)]

Affects Both Debtors Affects WESTCLIFF MEDICAL LABORATORIES, INC. only Affects BIOLABS, INC. only

TO: THE UNITED STATES BANKRUPTCY COURT, THE OFFICE OF THE UNITED STATES TRUSTEE, ALL CREDITORS AND PARTIES IN INTEREST: PLEASE TAKE NOTICE that pursuant to Sections 327(e) and 328 of Title 11 of the United States Code, 11 U.S.C. 101 1532 (the Bankruptcy Code), Rules 2014(a), 2016 and 1

NOTICE OF APPLICATION FOR ORDER AUTHORIZING EMPLOYMENT OF BUCHALTER NEMER AS COUNSEL TO THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS; ETC.

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5002 of the Federal Rules of Bankruptcy Procedure (the Bankruptcy Rules), United States Bankruptcy Court for the Central District of California Local Bankruptcy Rule 2014-1 and the Guidelines of the Office of the United States Trustee (UST Guidelines), the Official Committee of General Unsecured Creditors (the Committee), duly appointed in the above-captioned Chapter 11 case of Westcliff Medical Laboratories, Inc. (together with BioLabs, Inc., the Debtors), has applied (the Application) for entry of an Order Authorizing Employment of Buchalter Nemer, a Professional Corporation, as Counsel to the Committee (the Firm). Pursuant to Local Bankruptcy Rule 2014-1(b)(3), the Firm provides the following information regarding the Application: 1. Identity of Professional and the Purpose and Scope of Employment

The Committee requires the services of counsel to assist it in performing its duties under, inter alia, Section 1103 of the Bankruptcy Code and to protect its rights vis--vis the Debtors, creditors and other interested parties, as well as to assist in Debtors Chapter 11 cases. Without limiting the generality of the foregoing, the services of the Firm are needed for the purpose of rendering the following professional services: a. To advise and consult with the Committee concerning legal and practical

questions arising in this case and concerning the rights and remedies of the Committee with regard to property of the estate; claims asserted against the Debtors and their estates and claims the Debtors and their estates may hold against third parties; b. To appear in, prosecute and defend suits and proceedings concerning the

property of the estates and/or matters relating thereto; c. To take all necessary and proper steps in other matters involving or

connected with the affairs of the estates; d. To prepare on behalf of the Committee necessary applications, motions,

pleadings, orders, reports and other papers required to be filed in or in connection with Debtors Chapter 11 cases; and e. necessary.
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To perform all other legal services for the Committee that may be 2

NOTICE OF APPLICATION FOR ORDER AUTHORIZING EMPLOYMENT OF BUCHALTER NEMER AS COUNSEL TO THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS; ETC.

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2.

Basis of Compensation Requested.

The Firm seeks compensation pursuant to Section 328 of the Bankruptcy Code. The Firm may, from time to time, as described in more detail below, apply to the Court for interim compensation in conformity with Section 331 of the Bankruptcy Code. 3. Arrangements for Compensation

The fees charged by the Firm are competitive with the fees charged by firms of similar size, level of expertise and experience. The fees and costs charged by the Firm in connection with its representation of the Committee are consistent with the fees and costs charged other similar clients of the Firm on similar matters and are in accordance with the United States Trustee's Guidelines and Orders of this Court. a. Amounts of Fees. Except as otherwise provided herein, the Firm proposes

to charge fees based upon its then prevailing hourly guideline rates. Those rates currently range between $235.00 per hour for the most junior associates to $625.00 per hour for certain of the more senior partners. The primary attorneys representing the Committee and their current hourly rates are: Jeffrey Garfinkle (Shareholder): $525; Benjamin Seigel (Shareholder): $625; Joseph Welch (Associate): $235. Terms of the Firm's employment are amplified in the declaration and exhibits attached to the Application. b. Costs. It is the Firms policy, in all areas of practice, to charge clients for

certain expenses incurred in connection with the clients case. The Firm does not charge for routine copying, telephone and telecopy charges. The expenses charged to the client include, among other things, certain telephone charges for conference calls, PACER expenses, express mail charges, special or hand delivery charges, certain photocopying charges for large copy projects, travel expenses, and computerized research. The Firm will charge the Committee for these expenses in a manner and at rates consistent with charges made generally to the Firms other clients, and consistent with the United States Trustees Guidelines and the Local Bankruptcy Rules.

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NOTICE OF APPLICATION FOR ORDER AUTHORIZING EMPLOYMENT OF BUCHALTER NEMER AS COUNSEL TO THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS; ETC.

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4.

Contact Information for Requesting the Application

A copy of the Application and all supporting Declarations and other papers thereto can be obtained upon written request from Jeffrey K. Garfinkle, Esq., Buchalter Nemer, A Professional Corporation, 18400 Von Karman Avenue, Suite 800, Irvine, California 92612, (949) 760-1121, during normal business hours. 5. Procedure for Objecting to the Application and/or Requesting a Hearing

Pursuant to Local Bankruptcy Rule 2014-1(b)(3)(E), any response and request for a hearing, in the form required by Local Bankruptcy Rule 9013-1(f)(1), must be filed and served on the Firm and the United States Trustee not later than fourteen (14) days from the date of mailing this Notice. If you fail to file a written response within fourteen days of the date of the service of this notice, the Court may treat such failure as a waiver of your rights to oppose the application and may grant the requested relief. PLEASE TAKE FURTHER NOTICE that the Application is based upon this Notice of Application, the Application, the Declaration of Jeffrey K. Garfinkle submitted in support of the Application, the entire record of these cases, and any other evidence properly presented to the Court in support of the Application.

Dated: June 14, 2010

BUCHALTER NEMER

By: /s/ Jeffrey K. Garfinkle Jeffrey K. Garfinkle Proposed Counsel to Official Committee of Unsecured Creditors

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NOTICE OF APPLICATION FOR ORDER AUTHORIZING EMPLOYMENT OF BUCHALTER NEMER AS COUNSEL TO THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS; ETC.

Case 8:10-bk-16743-TA
In re:

Westcliff Medical Laboratories, Inc.

Doc 121-1 Filed 06/14/10 Entered 06/14/10 17:12:49 Proof of Service Page 1 of 3 CHAPTER: 11
Debtor(s). CASE NUMBER: 10-16743

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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 a 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: 18400 Von Karman Ave., Ste. 800, Irvine, CA 92612

A true and correct copy of the foregoing document described as NOTICE OF APPLICATION FOR ORDER AUTHORIZING EMPLOYMENT OF BUCHALTER NEMER, A PROFESSIONAL CORPORATION AS COUNSEL TO THE OFFICIAL COMMITTEE NUNC PRO TUNC TO MAY 24, 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: U. S. Mail 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 6/14/10 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 addressed indicated below: Todd M Arnold tma@lnbrb.com Richard L Barnett rick@barnettrubin.com, rlbsec@barnettrubin.com Ron Bender rb@lnbrb.com Jennifer Witherell Crastz jcrastz@hemar-rousso.com Carol J Fogleman mfrost@bwslaw.com John-patrick M Fritz jpf@lnbrb.com Nancy S Goldenberg nancy.goldenberg@usdoj.gov Michael J Heyman michael.heyman@klgates.com Mark D Houle mark.houle@pillsburylaw.com Andy Kong Kong.Andy@ArentFox.com Rodger M Landau rlandau@lgbfirm.com, kmoss@lgbfirm.com Michael B Lubic michael.lubic@klgates.com Aram Ordubegian ordubegian.aram@arentfox.com Justin E Rawlins jrawlins@winston.com, docketla@winston.com Jacqueline L Rodriguez jlr@lnbrb.com United States Trustee (SA) ustpregion16.sa.ecf@usdoj.gov Sharon Z Weiss sharon.weiss@hro.com Service information continued on attached page II. SERVED BY U.S. MAIL OR OVERNIGHT MAIL (indicate method for each person or entity served): On 6/14/10 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 follow. 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. Westcliff Medical Laboratories, Inc. 1821 E. Dyer Rd., #100 Santa Ana, CA 92705 BioLabs, Inc. 1821 E. Dyer Rd., #100 Santa Ana, CA 92705

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 9013-3.1

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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 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 mailing to 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.

6/14/10 Date

Loretta Goodwin Type Name

/s/ Loretta Goodwin Signature

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 9013-3.1

Case 8:10-bk-16743-TA
In re:

Westcliff Medical Laboratories, Inc.

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Debtor(s). CASE NUMBER: 10-16743

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ADDITIONAL SERVICE INFORMATION (if needed):

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 9013-3.1