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Case 8:10-bk-16743-TA

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FILED & ENTERED


1 2 3 4 5 6 7 8 9 10 11 12 Attorneys for Creditor Roche Diagnostics Corporation 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
LA/393613.1

Aram Ordubegian (SBN 185142) Andy Kong (SBN 243933) ARENT FOX LLP Gas Company Tower 555 West Fifth Street, 48th Floor Los Angeles, CA 90013 Telephone 213-629-7410; Facsimile 213-629-7401 Email: ordubegian.aram@arentfox.com David M. Powlen (admitted pro hac vice) BARNES & THORNBURG LLP 1000 N. West Street, Suite 1200 Wilmington, DL 19801-1058 Telephone 302-888-4536; Facsimile 302-295-4801 Email: david.powlen@btlaw.com Timothy S. McFadden (admitted pro hac vice) BARNES & THORNBURG LLP 1 North Wacker Drive, Suite 4400 Chicago, Illinois 60606 Telephone 312-357-1313; Facsimile 312-759-5646 Email: tmcfadden@btlaw.com

FEB 04 2011
CLERK U.S. BANKRUPTCY COURT Central District of California BY daniels DEPUTY CLERK

UNITED STATES BANKRUPTCY COURT CENTRAL DISTRICT OF CALIFORNIA SANTA ANA DIVISION Lead Case No. 8:10-bk-16743-TA In re: WESTCLIFF MEDICAL LABORATORIES, INC., Debtor. ORDER APPROVING STIPULATION CONTINUING HEARING ON MOTION OF ROCHE DIAGNOSTICS CORPORATION FOR ENTRY OF AN ORDER ALLOWING AND DIRECTING PAYMENT OF AN Debtor. ADMINISTRATIVE EXPENSE PURSUANT TO 11 U.S.C. 503(b)(9) [Jointly Administered with Case No. 8:10-bk-16746-TA] Chapter 11

BIOLABS, INC.,

Case 8:10-bk-16743-TA

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1 [x] Affects both Debtors. 2 3 4 5 Continued Hearing Date: 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ### 22 23 24 DATED: February 4, 2011 25 26 27 28
LA/393613.1
United States Bankruptcy Judge

Current Hearing Date: Date: Time: Place: February 9, 2011 10:00 a.m. Courtroom 5B 411 West Fourth Street Santa Ana, CA 92701

Date: Time: Place:

March 1, 2011 10:00 a.m. Courtroom 5B 411 West Fourth Street Santa Ana, CA 92701

The Court, having considered the Stipulation Continuing Hearing on Motion of Roche Diagnostics Corporation for Entry of an Order Allowing and Directing Payment of an Administrative Expense Pursuant to 11 U.S.C. 503(b)(9) (the Stipulation), and for good cause appearing: IT IS HEREBY ORDERED that; 1. 2. The Stipulation is GRANTED. The hearing on Roche Diagnostics Corporations Motion for Entry of an Order

Allowing and Directing Payment of an Administrative Expense Pursuant to 11 U.S.C. 509(b) [Docket No. 296] is hereby continued to March 1, 2011 at 10:00a..m.

-2-

Case 8:10-bk-16743-TA

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CHAPTER 11 Debtor(s).

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In re: WESTCLIFF MEDICAL LABORATORIES, INC. and BIOLABS, INC.,

CASE NUMBER 8:10-bk-16743-TA

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: Arent Fox LLP, Gas Company Tower, 555 West Fifth Street, 48th Floor, Los Angeles, CA 90013. A true and correct copy of the foregoing document described [PROPOSED] ORDER APPROVING STIPULATION CONTINUING HEARING ON MOTION OF ROCHE DIAGNOSTICS CORPORATION FOR ENTRY OF AN ORDER ALLOWING AND DIRECTING PAYMENT OF AN ADMINISTRATIVE EXPENSE PURSUANT TO 11 U.S.C. 503(b)(9) 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_______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 January 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. VIA U.S. MAIL Honorable Theodor C. Albert U.S. Bankruptcy Court 411 W. Forth Street, Suite 5085 Santa Ana, CA 92701-4593 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 January 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. January 24, 2011 Date
January 2009

SIMONA FILIP Type Name

/s/ Simona Filip Signature

This form is mandatory. It has been approved for use by the United States Bankruptcy Court for the Central Distri ct of California.

F 9013-3.1

Case 8:10-bk-16743-TA

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CHAPTER 11 Debtor(s).

Desc

In re: WESTCLIFF MEDICAL LABORATORIES, INC. and BIOLABS, INC.,

CASE NUMBER 8:10-bk-16743-TA

III.

SERVED BY EMAIL:

Nancy S Goldenberg on behalf of U.S. Trustee United States Trustee (SA) nancy.goldenberg@usdoj.gov Attorneys for Debtors Ron Bender rb@lnbrb.com Anthony A Friedman aaf@lnbrb.com Jacqueline Rodriguez jlr@lnbrb.com Todd Arnold tma@lnbrb.com John-Patrick Fritz jpf@lnbrb.com Jacqueline L Rodriguez jlr@lnbrb.com Attorney for Creditor Committee Jeffrey K Garfinkle jgarfinkle@buchalter.com Benjamin Seigel bseigel@buchalter.com

This form is mandatory. It has been approved for use by the United States Bankruptcy Court for the Central Distri ct of California. January 2009

F 9013-3.1

Case 8:10-bk-16743-TA

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CHAPTER 11 Debtor(s).

Desc

In re: WESTCLIFF MEDICAL LABORATORIES, INC. and BIOLABS, INC.,

CASE NUMBER 8:10-bk-16743-TA

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 (specify ENTERED ORDER APPROVING

STIPULATION CONTINUING HEARING ON MOTION OF ROCHE DIAGNOSTICS CORPORATION FOR ENTRY OF AN ORDER ALLOWING AND DIRECTING PAYMENT OF AN ADMINISTRATIVE EXPENSE PURSUANT TO 11 U.S.C. 503(b)(9) 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 January 24, 2011, 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. 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: Westcliff Medical Laboratories, Inc. c/o FTI Consulting 633 West Fifth St 16th Fl 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

LA/393613.1

Case 8:10-bk-16743-TA

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CHAPTER 11 Debtor(s). CASE NUMBER 8:10-bk-16743-TA

Desc

In re: WESTCLIFF MEDICAL LABORATORIES, INC. and BIOLABS, INC.,

ADDITIONAL SERVICE INFORMATION: I. SERVED BY THE COURT VIA NOTICE OF ELECTRONIC FILING ("NEF"):
Raymond G Alvarado on behalf of Interested Party Courtesy NEF ralvarado@adorno.com Todd M Arnold on behalf of Debtor BioLabs, Inc. tma@lnbrb.com Richard L Barnett on behalf of Creditor Mission Hospital Regional Medical Center dba Mission Hospital rick@barnettrubin.com, rlbsec@barnettrubin.com Ron Bender on behalf of Debtor BioLabs, Inc. rb@lnbrb.com Ronald K Brown on behalf of Creditor LGSM Laguna Hills, LLC rkbgwhw@aol.com Jennifer Witherell Crastz on behalf of Creditor Beckman Coulter, Inc. jcrastz@hemar-rousso.com Carol J Fogleman on behalf of Creditor City of Wildomar mfrost@bwslaw.com Anthony A Friedman on behalf of Debtor Westcliff Medical Laboratories, Inc. aaf@lnbrb.com John-patrick M Fritz on behalf of Debtor Westcliff Medical Laboratories, Inc. jpf@lnbrb.com Jeffrey K Garfinkle on behalf of Creditor Committee Creditors Committee bkgroup@buchalter.com, jgarfinkle@buchalter.com;lgoodwin@buchalter.com Fredric Glass on behalf of Creditor Fair Harbor Capital, LLC fglass@fairharborcapital.com Nancy S Goldenberg on behalf of U.S. Trustee United States Trustee (SA) nancy.goldenberg@usdoj.gov D Edward Hays on behalf of Creditor LaserCycle Imaging ehays@marshackhays.com Michael J Heyman on behalf of Interested Party Laboratory Corporation of America michael.heyman@klgates.com
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

Case 8:10-bk-16743-TA

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CHAPTER 11 Debtor(s). CASE NUMBER 8:10-bk-16743-TA

Desc

In re: WESTCLIFF MEDICAL LABORATORIES, INC. and BIOLABS, INC.,

Mark D Houle on behalf of Creditor Health Net, Inc. mark.houle@pillsburylaw.com

Jeff D Kahane on behalf of Creditor ACE American Insurance Company, ACE Property & Casualty Insurance Company, and the affiliated insurers and reinsurers jkahane@duanemorris.com Andy Kong on behalf of Creditor Grifols USA LLC Kong.Andy@ArentFox.com Rodger M Landau on behalf of Interested Party Courtesy NEF rlandau@lgbfirm.com, kmoss@lgbfirm.com Matthew A Lesnick on behalf of Financial Advisor MTS Health Partners, L.P. matt@lesnicklaw.com Michael B Lubic on behalf of Interested Party Laboratory Corporation of America michael.lubic@klgates.com Frank F McGinn on behalf of Interested Party Courtesy NEF ffm@bostonbusinesslaw.com Elissa Miller on behalf of Interested Party AFCO Acceptance Corporation emiller@sulmeyerlaw.com, asokolowski@sulmeyerlaw.com Aram Ordubegian on behalf of Creditor Roche Diagnostics Corporation ordubegian.aram@arentfox.com Ernie Zachary Park on behalf of Creditor The Irvine Company LLC ernie.park@bewleylaw.com Richard Park on behalf of Defendant Federal Trade Commission Richard.Park@usdoj.gov Justin E Rawlins on behalf of Interested Party Courtesy NEF jrawlins@winston.com, docketla@winston.com Jacqueline L Rodriguez on behalf of Debtor BioLabs, Inc. jlr@lnbrb.com Benjamin Seigel on behalf of Creditor Committee Creditors Committee bseigel@buchalter.com, IFS_filing@buchalter.com David B Shemano on behalf of Creditor Cambridge Healthcare Properties, Inc. dshemano@pwkllp.com Philip E Strok on behalf of Interested Party Courtesy NEF pstrok@wgllp.com
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

Case 8:10-bk-16743-TA

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CHAPTER 11 Debtor(s). CASE NUMBER 8:10-bk-16743-TA

Desc

In re: WESTCLIFF MEDICAL LABORATORIES, INC. and BIOLABS, INC.,

United States Trustee (SA) ustpregion16.sa.ecf@usdoj.gov

Howard J Weg on behalf of Interested Party Courtesy NEF hweg@pwkllp.com Sharon Z Weiss on behalf of Interested Party Specialty Laboratories, Inc. sharon.weiss@hro.com Joseph M Welch on behalf of Interested Party Courtesy NEF jwelch@buchalter.com

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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