in the circuit court of jackson county, missouri, at independence
in the circuit court of jackson county, missouri, at independence in the circuit court of jackson county, missouri, at independence
Douglas Lewis, at the US Bank, Noland road office to apply for the agreed upon commercial line of credit based on the portion of the escrow accounts Medical Supply would retain from its associate program. 109. The business plan and associate program booklets each had cover pages giving notice of restricted use and that Medical Supply protected the confidential business trade secret and intellectual property contained in them. 110. A letter of introduction also stated the contents were protected and restricted disclosure and possession of the materials. 111. Two more folders contained the good standing documentation Brian Kabbes requested and the associate program contracts that were sent to the candidates. 112. Douglas Lewis asked how many candidates Medical Supply had and SAMUEL LIPARI reached into his brief case and held up the ten folders of applicants who had committed to sending in their funds by November 1st and five others who were in the final stages. 113. SAMUEL LIPARI further explained that he planned to start a new certification group each quarter. 114. SAMUEL LIPARI was given a loan application and agreed to and did return the application the next day. 24
Repudiation of Agreement to Provide Escrows 115. On or about Tuesday 10/15/02 Brian Kabbes called SAMUEL LIPARI and informed him that US Bank had turned down the escrow accounts because of the USA PATRIOT Act. 116. When asked to clarify, he said the know your customer requirements had changed and US Bank could not set up the escrow accounts for Medical Supply. 117. SAMUEL LIPARI was shocked and stunned and handed away the phone, where Brian Kabbes repeated again The Patriot Act as the reason the accounts were denied. 118. Later that morning SAMUEL LIPARI called Becky Hainje and asked if she could see what happened. 119. SAMUEL LIPARI explained that Medical Supply was counting on the escrow accounts and that the line of credit depended on them too. 120. SAMUEL LIPARI said he could not believe the USA PATRIOT Act could be a reason that applied to Medical Supply. 121. Becky Hainje said she would call and see what happened. 122. Becky Hainje called back and left a taped recording on the Medical Supply answering system and listed the reasons Brian Kabbes told her. 25
- Page 1 and 2: IN THE CIRCUIT COURT OF JACKSON COU
- Page 3 and 4: defendants that regularly do busine
- Page 5 and 6: defendants was denied and the inter
- Page 7 and 8: conduct designed to cause Medical S
- Page 9 and 10: 32. The Kansas District Court Judge
- Page 11 and 12: thereby reducing costs up to 40% in
- Page 13 and 14: 50. The account was opened in the n
- Page 15 and 16: after the New York Times had began
- Page 17 and 18: Medical Supply’s Internal Capital
- Page 19 and 20: detailed evaluation of resumes, job
- Page 21 and 22: language of paragraph 10 “Securit
- Page 23: November 1st deadline, which requir
- Page 27 and 28: 129. At 9 a.m. the following mornin
- Page 29 and 30: Defendants’ Knowledge of Breach 1
- Page 31 and 32: 153. SAMUEL LIPARI instructed him n
- Page 33 and 34: 164. Medical Supply stated that it
- Page 35 and 36: 175. Medical Supply counsel called
- Page 37 and 38: 183. US BANCORP’s counsel reitera
- Page 39 and 40: 196. Medical Supply became fearful
- Page 41 and 42: defendants breach, this time with a
- Page 43 and 44: an agreement, GHX, L.L.C. and Neofo
- Page 45 and 46: Circuit Court of Appeals to uphold
- Page 47 and 48: during its negotiation and formatio
- Page 49 and 50: COUNT II CAUSE OF ACTION FOR FRAUD
- Page 51 and 52: main reason is to know your custome
- Page 53 and 54: provided you a bid and we certainly
- Page 55 and 56: why this patriot act was brought in
- Page 57 and 58: going to constantly come back to th
- Page 59 and 60: Lars Anderson US Bancorp; “Ok, we
- Page 61 and 62: Group Purchasing Organization (“G
- Page 63 and 64: 233. The Defendants were at the tim
- Page 65 and 66: used a change in federal law as a p
- Page 67 and 68: e. causing a Kansas attorney discip
- Page 69 and 70: enefits, dental coverage is being c
- Page 71 and 72: financials in possession of US BANK
Repudi<strong>at</strong>ion <strong>of</strong> Agreement to Provide Escrows<br />
115. On or about Tuesday 10/15/02 Brian Kabbes called<br />
SAMUEL LIPARI and <strong>in</strong>formed him th<strong>at</strong> US Bank had turned down<br />
<strong>the</strong> escrow accounts because <strong>of</strong> <strong>the</strong> USA PATRIOT Act.<br />
116. When asked to clarify, he said <strong>the</strong> know your customer<br />
requirements had changed and US Bank could not set up <strong>the</strong><br />
escrow accounts for Medical Supply.<br />
117. SAMUEL LIPARI was shocked and stunned and handed away<br />
<strong>the</strong> phone, where Brian Kabbes repe<strong>at</strong>ed aga<strong>in</strong> The P<strong>at</strong>riot<br />
Act as <strong>the</strong> reason <strong>the</strong> accounts were denied.<br />
118. L<strong>at</strong>er th<strong>at</strong> morn<strong>in</strong>g SAMUEL LIPARI called Becky Ha<strong>in</strong>je<br />
and asked if she could see wh<strong>at</strong> happened.<br />
119. SAMUEL LIPARI expla<strong>in</strong>ed th<strong>at</strong> Medical Supply was<br />
count<strong>in</strong>g on <strong>the</strong> escrow accounts and th<strong>at</strong> <strong>the</strong> l<strong>in</strong>e <strong>of</strong> credit<br />
depended on <strong>the</strong>m too.<br />
120. SAMUEL LIPARI said he could not believe <strong>the</strong> USA<br />
PATRIOT Act could be a reason th<strong>at</strong> applied to Medical<br />
Supply.<br />
121. Becky Ha<strong>in</strong>je said she would call and see wh<strong>at</strong><br />
happened.<br />
122. Becky Ha<strong>in</strong>je called back and left a taped record<strong>in</strong>g on<br />
<strong>the</strong> Medical Supply answer<strong>in</strong>g system and listed <strong>the</strong> reasons<br />
Brian Kabbes told her.<br />
25
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