Case 8:10-bk-16743-TA

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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 AMENDED DECLARATION OF NONOPPOSITION RE: DEBTORS THIRD OMNIBUS MOTION FOR ORDER DISALLOWING CLAIMS (PRIORITY) DATE: TIME: PLACE: May 11, 2011 10:00 a.m. Courtroom 5B 411 West Fourth Street Santa Ana, CA 92701

20 21 22 23 24 25 26 27 28 DECLARATION OF TODD M. ARNOLD I, TODD M. ARNOLD, declare as follows: 1. I am over 18 years of age. I have personal knowledge of the facts set forth

below, and, if called to testify, could and would competently testify thereto. 2. I am an attorney licensed to practice law in the State of California, and before,

among other courts, the United States District Court and the Bankruptcy Court for the Central District of California.

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3.

I am a partner with the law firm of Levene, Neale, Bender, Yoo & Brill L.L.P.,

general bankruptcy counsel to Westcliff Medical Laboratories, Inc. and BioLabs, Inc., the Chapter 11 debtors and debtors in possession herein (collectively, the Debtors). 4. On April 7, 2011, the Debtors filed and served their Third Omnibus Motion for

Order Disallowing Claims (Priority) (the Motion) [Docket No. 409]. 5. On April 28, 2011, pursuant to L.B.R. 3007-1(b)(6), the Debtors filed and

served their Declaration of Non-Opposition Re: Third Omnibus Motion for Order Disallowing Claims (Priority) (the Declaration). 6. Prior to the filing of the Declaration, Recy Hernandez, whose claim was

objected to pursuant to the Motion, filed an opposition to the Motion and an amended claim. Since Ms. Hernandezs objection and amended claim were paper filed, they did not appear on the docket, and I did not receive them, until after the Declaration was filed. 7. The Debtors and Ms. Hernandez have resolved their disputes regarding the

Motion, the opposition thereto, and Ms. Hernandezs claims by a stipulation that was filed today. The Debtors amended the order on the Motion to account for the settlement with Ms. Hernandez. 8. Based on the foregoing, it is respectfully requested that the Court enter the

concurrently filed amended order granting the Motion. I declare under penalty of perjury that the foregoing is true and correct. Executed this 4th day of May 2011, at Los Angeles, California. /s/ Todd M. Arnold TODD M. ARNOLD

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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.

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: 10250 Constellation Boulevard, Suite 1700, Los Angeles, CA 90067 A true and correct copy of the foregoing document described as AMENDED DECLARATION OF NON-OPPOSITION RE: DEBTORS THIRD OMNIBUS MOTION FOR ORDER DISALLOWING CLAIMS (PRIORITY) 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 May 4, 2011, 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: 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 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;lgoodwin@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 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
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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Sharon Z Weiss sharon.weiss@hro.com Joseph M Welch jwelch@buchalter.com Johnny White , seb@blakeleyllp.com;bblakeley@blakeleyllp.com;rclifford@blakeleyllp.com 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 4, 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. Service By Overnight Mail

The Hon. Theodor C. Albert United States Bankruptcy Court 411 West Fourth Street Santa Ana, CA 92701 Service by U.S. Mail Proof of Claim No. 212 Hernandez, Recy 27615 Glasser Ave Canyon Country, CA 91351
Service information continued on attached page (by U.S. Mail) 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 Fill in Date Document is Filed, 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 4, 2011 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