Case 8:10-bk-16743-TA
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MATTHEW A. LESNICK (CA BAR NO. 177594) matt@lesnickprince.com LESNICK PRINCE LLP 185 Pier Avenue, Suite 103 Santa Monica, CA 90405 Telephone: (310) 396-0964 Facsimile: (310) 396-0963 Attorneys for Creditor Descartes Systems (USA) LLC
FILED & ENTERED MAY 27 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
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 APPROVING STIPULATION TO CONTINUE HEARING ON OBJECTION TO CLAIM NO. 113 OF DESCARTES SYSTEMS (USA) LLC Current Hearing: Date: June 1, 2011 Time: 10:00 a.m. Requested Continued Hearing: Date: June 22, 2011 Time: 10:00 a.m. Place: Courtroom 5B
Creditor Descartes Systems (USA) LLC (Descartes), on the one hand, and debtors Westcliff Medical Laboratories, Inc. and BioLabs, Inc. (the Debtors), on the other hand (collectively, the Parties), entered into a Stipulation to Continue Hearing on Objection to Claim No. 113 of Descartes Systems (USA) LLC (the Stipulation). By the Stipulation, the Parties wish to continue the hearing on the
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Debtors Fourth Omnibus Motion for Order Disallowing Claims (Books and Records/No Documentation) solely with respect to the objection to Claim No. 113 filed by Descartes (the Claim Objection), from June 1, 2011 at 10:00 a.m. to June 22, 2011 at 10:00 a.m. The Court, having considered the Stipulation and good cause appearing, IT IS HEREBY ORDERED: 1. The Stipulation is approved, and the hearing on the Claim
Objection (with respect to Claim No. 113 of Descartes only), currently scheduled to take place on June 1, 2011 at 10:00 a.m., is continued to June 22, 2011 at 10:00 a.m.. 2. The time for Descartes to respond to the Claim Objection is
extended until 14 days before the continued hearing date.
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DATED: May 27, 2011
United States Bankruptcy Judge
Case 8:10-bk-16743-TA
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CHAPTER 11
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In re:
WESTCLIFF MEDICAL LABORATORIES, INC.
Debtor(s).
LEAD 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: 185 Pier Avenue, Suite 103, Santa Monica, CA 90405 A true and correct copy of the foregoing document described ORDER APPROVING STIPULATION TO CONTINUE HEARING ON OBJECTION TO CLAIM NO. 113 OF DESCARTES SYSTEMS (USA) LLC 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 May 17, 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: Hon. Theodor C. Albert United States Bankruptcy Court 411 West Fourth St., Suite 5085 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 August 24, 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. 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.
May 17, 2011
Date
Matthew A. Lesnick
Type Name
/s/Matthew A. Lesnick
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:
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CHAPTER 11
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WESTCLIFF MEDICAL LABORATORIES, INC.
Debtor(s).
LEAD 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) ORDER APPROVING STIPULATION TO CONTINUE HEARING ON OBJECTION TO CLAIM NO. 113 OF DESCARTES SYSTEMS (USA) LLC 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 (ANEF@) B 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 May 17, 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. Raymond G Alvarado ralvarado@adorno.com Todd M Arnold tma@lnbrb.com Phillip Ashman mgolod@mcqueenashman.com, pashman@mcqueenashman.com;bkumamoto@mcqueenashman.com Richard L Barnett rick@barnettrubin.com, rlbsec@barnettrubin.com Ron Bender rb@lnbrb.com Eric S Bershatski ericbershatski@tilemlaw.com, malissamurguia@tilemlaw.com;dianachau@tilemlaw.com Ronald K Brown rkbgwhw@aol.com Jennifer Witherell Crastz jcrastz@hemar-rousso.com Carol J Fogleman mfrost@bwslaw.com Anthony A Friedman aaf@lnbrb.com John-patrick M Fritz jpf@lnbrb.com Jeffrey K Garfinkle bkgroup@buchalter.com, jgarfinkle@buchalter.com;jmealey-hatch@buchalter.com Fredric Glass fglass@fairharborcapital.com Nancy S Goldenberg nancy.goldenberg@usdoj.gov D Edward Hays ehays@marshackhays.com Michael J Heyman michael.heyman@klgates.com Mark D Houle mark.houle@pillsburylaw.com Jacqueline L James jlj@lnbyb.com Jeff D Kahane jkahane@duanemorris.com Andy Kong Kong.Andy@ArentFox.com Rodger M Landau rlandau@lgbfirm.com, kmoss@lgbfirm.com Matthew A Lesnick matt@lesnicklaw.com Michael B Lubic michael.lubic@klgates.com Frank F McGinn ffm@bostonbusinesslaw.com Elissa Miller emiller@sulmeyerlaw.com, asokolowski@sulmeyerlaw.com Aram Ordubegian ordubegian.aram@arentfox.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
In re:
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CHAPTER 11
Desc
WESTCLIFF MEDICAL LABORATORIES, INC.
Debtor(s).
LEAD CASE NUMBER 8:10-bk-16743-TA
Ernie Zachary Park ernie.park@bewleylaw.com Richard Park Richard.Park@usdoj.gov Justin E Rawlins jrawlins@winston.com, docketla@winston.com Benjamin Seigel bseigel@buchalter.com, IFS_filing@buchalter.com David B Shemano dshemano@pwkllp.com Philip E Strok pstrok@wgllp.com United States Trustee (SA) ustpregion16.sa.ecf@usdoj.gov Howard J Weg hweg@pwkllp.com Sharon Z Weiss sharon.weiss@hro.com Joseph M Welch jwelch@buchalter.com, jmealey-hatch@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: Service information continued on attached page Westcliff Medical Laboratories, Inc c/o FTI Consulting 633 West Fifth St. 16th Floor Los Angeles, CA 90071 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 AEntered@ 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. January 2009
F 9021-1.1
