Filed & Entered: United States Bankruptcy Court Central District of California (Santa Ana Division)
Filed & Entered: United States Bankruptcy Court Central District of California (Santa Ana Division)
Filed & Entered: United States Bankruptcy Court Central District of California (Santa Ana Division)
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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., Debtor. __________________________________ 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: DEBTORS SIXTH OMNIBUS MOTION FOR ORDER DISALLOWING CLAIMS (TAX CLAIMS) Hearing DATE: TIME: PLACE: May 30, 2012 10:00 a.m. Courtroom 5B 411 West Fourth Street Santa Ana, CA 92701
CLAIM NO. 131 121 52
CREDITOR COUNTY OF SAN BERNARDINO INTERNAL REVENUE SERVICE LOS ANGELES COUNTY TREASURER AND TAX COLLECTOR ORANGE COUNTY TAX COLLECTOR RIVERSIDE COUNTY TAX COLLECTOR TULARE COUNTY TAX COLLECTOR VENTURA COUNTY TAX COLLECTOR
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A hearing was held at the above referenced date, time, and location to consider the Sixth Omnibus Motion For Order Disallowing Claims (Tax Claims) (the Motion)1 filed by the Debtors. Appearances were made as set forth on the record of the Court. Upon consideration of the Motion, all papers, declarations, and evidence filed in support of, and in opposition to, the Motion, all stipulations effecting the certain claims referenced in the Motion, the statements and arguments of counsel at the hearing on the Motion, the entire record in these cases, and for good cause shown, IT IS HEREBY ORDERED AS FOLLOWS: 1. The Motion, except insofar as it relates to (a) the objections to the claims of the
Internal Revenue Service (Claim No. 121), the Los Angeles County Tax Collector (Claim no. 52), the Orange County Tax Collector (Claim Nos. 13, 14, and 15), and the Ventura County Tax Collector (Claim Nos. 203 and 243), which objections were res olved by separate stipulations, and (b) the objection to the claims of the Riverside County Tax Collector (Claim Nos. 147 and 150), which objection is continued as set forth below, is hereby granted in its entirety. 2. The following claims are hereby treated as follows: a. County of San Bernardino The claimants scheduled claim and Claim
No. 131 are hereby disallowed in their entirety. b. Tulare County Tax Collector The claimants scheduled claim and
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All capitalized terms herein have the same meanings as in the Motion.
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3.
The hearing on the Motion, insofar as it relates to the claims of the Riverside
County Tax Collector (Claim Nos. 147 and 150), is hereby continued to June 27, 2012, at 10:00 a.m.; any oppositions to the Motion must be filed and served by no later than June 13, 2012; any replies to such oppositions must be filed and served by no later than June 20, 2012. IT IS SO ORDERED. ###
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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.
Served by U.S. Mail Served by Overnight Mail The Hon. Theodor C. Albert United States Bankruptcy Court 411 West Fourth Street Santa Ana, CA 92701 Service information continued on attached page III. SERVED BY PERSONAL DELIVERY (indicate method for each person or entity served): Pursuant to F.R.Civ.P. 5 and/or controlling LBR, on May 31, 2012, 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 31, 2012 Date Lourdes Cruz Type Name /s/ Lourdes Cruz Signature
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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Elissa Miller emiller@sulmeyerlaw.com, asokolowski@sulmeyerlaw.com Kerry A Moynihan kerry.moynihan@bryancave.com, raul.morales@bryancave.com;trish.penn@bryancave.com Aram Ordubegian ordubegian.aram@arentfox.com Ernie Zachary Park ernie.park@bewleylaw.com Richard Park Richard.Park@usdoj.gov John E Polich john.polich@ventura.org Justin E Rawlins jrawlins@winston.com, docketla@winston.com Christopher O Rivas crivas@reedsmith.com Martha E Romero Romero@mromerolawfirm.com Steven J Schwartz sschwartz@dgdk.com, DanningGill@gmail.com Benjamin Seigel bseigel@buchalter.com, IFS_filing@buchalter.com David B Shemano dshemano@peitzmanweg.com Lindsey L Smith lls@lnbyb.com Philip E Strok pstrok@wgllp.com Cathy Ta cathy.ta@bbklaw.com, Arthur.Johnston@bbklaw.com;lisa.spencer@bbklaw.com United States Trustee (SA) ustpregion16.sa.ecf@usdoj.gov Howard J Weg hweg@peitzmanweg.com Sharon Z Weiss sharon.weiss@bryancave.com, raul.morales@hro.com Sharon Z Weiss sharon.weiss@hro.com, raul.morales@hro.com Joseph M Welch jwelch@buchalter.com, jmealey-hatch@buchalter.com;docket@buchalter.com Johnny White , ecf@blakeleyllp.com;dmannion@blakeleyllp.com Beth Ann R Young bry@lnbyb.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 S tates Bankruptcy Court for the Central District of California. August 2010
F 9021-1.1.NOTICE.ENTERED.ORDER