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RON BENDER (SBN 143364) TODD M. ARNOLD (SBN 221868) 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: rb@lnbyb.com, tma@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., Debt or. ____________________________ BIOLABS, INC., Debtor. ____________________________
Affects Both Debtors Affects WESTCLIFF MEDICAL LABORATORIES, INC. only Affects BIOLABS, INC. only
Case No. 8:10-bk-16743-TA Jointly Administered with Case No. 8:10-bk-16746-TA Chapter 11 Cases ORDER RE: STIPULATION RESOLVING UNSECURED AND ADMINISTRATIVE CLAIMS OF LABORATORY CORPORATION OF AMERICA
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Upon consideration of the STIPULATION RESOLVING UNSECURED AND ADMINISTRATIVE CLAIMS OF LABORATORY CORPORATION OF AMERICA (the Stipulation)1 entered into by the Debtors and the LabCorp Parties, and for good cause shown, IT IS HEREBY ORDERED AS FOLLOWS: 1. 2. The Stipulation is hereby approved in its entirety. The Scheduled Claim is hereby allowed as a general
unsecured claim in the amount of $11,423.04. 3. The Allowed Scheduled Claim shall be paid, without
offset or reduction, pursuant to the terms of any plan or plans confirmed in the Debtors bankruptcy cases. 4. The Administrative Claim is hereby allowed as an
administrative claim in the amount of $101,215.79 pursuant to 11 U.S.C. 503. 5. or The Administrative Claim shall be paid, without offset within ten (10) days of the date this order
reduction,
approving the Stipulation becomes a final, non-appealable order. Payment shall be by wire transfer in accordance with instructions provided to the Debtor in writing by LabCorp. 6. Notwithstanding any other provision hereof, (a) the
Debtors shall be deemed to have retained all claims, including, but not limited to, any Litigation Claims that the Debtors may have against the LabCorp Parties, and (b) the LabCorp Parties shall be deemed to have retained any defenses they may have to any Litigation Claims.
Unless otherwise stated, all capitalized terms herein have the same meanings as in the Stipulation.
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7. claims
The Stipulation and this order shall not affect the filed by Genzyme Genetics and transferred to Esoterix
Genetic Laboratories, LLC, an affiliate of LabCorp, which were resolved by a stipulation approved by an order entered on August 26, 2011 [Docket No. 545]. 8. The Court has and shall retain exclusive jurisdiction
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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.
This form is mandatory. It has been approved for use by the United States Bankruptcy Court for the Central District of California. August 2010
F 9013-3.1.PROOF.SERVICE
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Joseph M Welch jwelch@buchalter.com, jmealey-hatch@buchalter.com;docket@buchalter.com Johnny White , seb@blakeleyllp.com;bblakeley@blakeleyllp.com;rclifford@blakeleyllp.com 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: Debtors Westcliff Medical Laboratories, Inc. BioLabs, Inc. c/o FTI Consulting 633 West Fifth Street, 16th Floor Los Angeles, CA 90071 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: Service information continued on attached page
This form is mandatory. It has been approved for use by the United States Bankruptcy Court for the Central District of California. August 2010
F 9021-1.1.NOTICE.ENTERED.ORDER
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