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RON BENDER (SBN 143364) JACQUELINE L. RODRIGUEZ (SBN 198838) SEP 27 2010 TODD M. ARNOLD (SBN 221868) JOHN-PATRICK M. FRITZ (SBN 245240) LEVENE, NEALE, BENDER, YOO & BRILL L.L.P. CLERK U.S. BANKRUPTCY COURT Central District of California 10250 Constellation Boulevard, Suite 1700 BY mccall DEPUTY CLERK Los Angeles, California 90067 Telephone: (310) 229-1234; Facsimile: (310) 229-1244
Email: rb@lnbyb.com; jlr@lnbyb.com; tma@lnbyb.com; jpf@lnbyb.com
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., Debtor. ____________________________
Affects Both Debtors Affects WESTCLIFF MEDICAL LABORATORIES, INC. only Affects BIOLABS, INC. only
Lead Case No. 8:10-bk-16743-TA Jointly Administered with Case No. 8:10-bk-16746-TA Chapter 11 Cases ORDER GRAINTING DEBTORS MOTION TO APPROVE SETTLEMENT AGREEMENT BETWEEN WESTCLIFF MEDICAL LABORATORIES, INC. AND PHYLLIS RIPLEY
Case 8:10-bk-16743-TA
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The Court, having considered the Notice of Motion (the Notice) and Debtors Motion to Approve Settlement Agreement Between Westcliff Medical Laboratories, Inc. and Phyllis Ripley (the Motion) [docket entry no. 219], no opposition to the Motion having been filed, the record in the above-captioned bankruptcy cases, the docket, and good cause appearing, IT IS HEREBY ORDERED that: 1. 2. 3. The Motion is GRANTED in its entirety. The Settlement Agreement is approved. The Debtors and all other parties to the Settlement Agreement are authorized to take all actions necessary to effectuate the terms of the Settlement Agreement. ###
Case 8:10-bk-16743-TA
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In re: 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
6 A true and correct copy of the foregoing document described as ORDER GRAINTING DEBTORS MOTION
TO APPROVE SETTLEMENT AGREEMENT BETWEEN WESTCLIFF MEDICAL LABORATORIES, INC. 7 AND PHYLLIS RIPLEY 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:
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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 _________, 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 __________, 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 ____________, 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 ATTORNEY SERVICE Hon. Theodor Albert United States Bankruptcy Court 411 West Fourth Street Santa Ana, CA 92701 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. September 17, 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: WESTCLIFF MEDICAL LABORATORIES, INC., Debtor(s). BIOLABS, INC., Debtor. CHAPTER 11 Case No. 8:10-bk-16743 Jointly Administered with Case No. 8:10-bk16746
Case 8:10-bk-16743-TA
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Service information continued on attached page Debtors Westcliff Medical Laboratories, Inc. BioLabs, Inc. 1821 E. Dyer Road, #100 Santa Ana, CA 92705 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:
Counsel for Phyllis Ripley Brian C. Kreowski, Esq. Law Office of Brian C. Kreowski 1435 Shell Beach Rd Shell Beach, CA 93449 Insurance Defense Counsel for Westcliff Medical Laboratories RICHARD BERBERIAN LEWIS BRISBOIS BISGAARD & SMITH LLP 221 N. Figueroa Street, Suite 1200 Los Angeles, CA 90012
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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.
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January 2009
F 9021-1.1