08-3187 Volume Appendix15.pdf - Medical Supply Chain

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IT IS SO ORDERED. A copy of this Order shall be sent to Plaintiff Samuel K. Lipari by regular mail and certified mail, return receipt requested. Dated in Kansas City, Kansas on this 25th day of August 2008. s/ David J. Waxse David J. Waxse U.S. Magistrate Judge cc: All counsel and pro se parties 6 08-3187 Medical Supply Chain vs. Neoforma Volume XV 5681
IN THE UNITED STATES COURT DISTRICT OF KANSAS SAMUEL K. LIPARI, ) ) Plaintiff, ) ) v. ) Case No. 2:07-cv-02146-CM ) U.S. BANCORP and ) U.S. BANK NATIONAL ASSOCIATION, ) ) Defendants. ) OBJECTION TO MAGISTRATE’S ORDERS OF 8/18/08 Comes now the plaintiff appearing pro se and while objecting to the jurisdiction of this court after the notice of appeal, makes the following objection to the orders dated 08/18/2008 requiring the plaintiff to show cause and pay fees by Magistrate Judge David J. Waxse. STATEMENT OF FACTS 1. The plaintiff made a pretrial affidavit of bias on August 18, 2008. 2. The Hon. Judge Carlos Murguia has not yet responded to the affidavit of bias. 3. The order of 08/20/2008 is by Magistrate Hon. Judge David J. Waxse not the trial judge: “08/20/2008 117 ORDER regarding 114 Notice and Order to Show Cause. The Court has reviewed Plaintiff's reply (doc. 113) to Defendants' response (doc. 111) regarding Plaintiff's asserted noncompliance with the Court's 7/22/08 Order (doc. 103). Plaintiff's filing of the reply does not relieve Plaintiff of the obligation to respond to the Order to Show Cause. Plaintiff shall file his response to the Order to Show Cause on or before 8/27/08. Entered by Magistrate Judge David J. Waxse on 8/20/08. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (mh) (Entered: 08/20/2008) 4. The orders were made after the plaintiff filed a Notice of Appeal in this same matter or controversy, divesting this court of jurisdiction. MEMORANDUM OF LAW The plaintiff has filed an affidavit under 28 USC § 144 over the court’s proceeding to exert jurisdiction in a biased and prejudiced manner against the plaintiff despite being given conclusive notice that the plaintiff’s appeal has not been dismissed as sought by the defendants (the plaintiff supplied the court a copy of the August 11, 2008 Order of the Tenth Circuit) and this court was under the controlling 1 08-3187 Medical Supply Chain vs. Neoforma Volume XV 5682
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IN THE UNITED STATES DISTRICT COURT
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Respectfully submitted, /s/ Jay E.
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After the instant Motion to Compel
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Thus, under Rule 26(a)(1)(A)(i), Pl
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help focus the discovery efforts of
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With respect to the first requireme
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Defendants, are documents that he (
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IT IS SO ORDERED. Dated in Kansas C
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2008 pretrial conference, and an Au
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motive on the part of the movant, r
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Plaintiff’s contention that he ne
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08-3187 Medical Supply Chain vs. Ne
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Page 69 and 70: IN THE UNITED STATES DISTRICT COURT
Page 73 and 74: IN THE UNITED STATES COURT DISTRICT
Page 75 and 76: FILED United States Court of Appeal
Page 79 and 80: plaintiff sanctioned for not produc
Page 81 and 82: Monday, August 18, 2008 9:06 AM Sub
Page 83 and 84: method of communication, that it ma
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Page 87 and 88: Monday, August 18, 2008 9:55 AM Sub
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Page 97 and 98: MARK A. OLTHOFF KS # 70339 SHUGHART
Page 99 and 100: Not Reported in F.Supp.2d Page 2 No
Page 103 and 104: 21, 2008. 4 On August 21, 2008, Def
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Page 109 and 110: Whereas the trial judge has not rev
Page 111 and 112: (mh) (Entered: 08/20/2008) 7. The d
Page 113 and 114: that rejected in Glass v. Pfeffer,
Page 115 and 116: Prior Extrajudicial Source Bias The
Page 117 and 118: molthoff@stklaw.com ademarea@stklaw
Page 119 and 120: supplies. Similarly, the defendant
Page 121 and 122: JUDICIAL COUNCIL THE TENTH CIRCUIT
Page 123 and 124: the respondent ordered dismissal of
Page 125 and 126: Appearance Docket of the subject li
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Page 133 and 134: dismissed, contradicting controllin
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Date: February, 1 st 2008 Office of
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permitted the repeated outcomes her
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JUDICIAL COUNCIL OF THE TENTH CIRCU
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Council. As set out in the miscondu
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SUMMARY OF DEADLINES AND SETTINGS E
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UNITED STATES DISTRICT COURT FOR TH
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MEMORANDUM IN SUPPORT The plaintiff
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law); Cincinnati Insurance Co. v. B
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generating source of the power (to
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Judge Carlos Murguia’s prior deci
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Case 2:05-cv-02299-CM-GLR Document
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enter the market. The Defendants ta
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(1) the attendance of a witness or
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598. The USA PATRIOT Act reaffirmed
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611. Defendants’ actions were wil
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UNITED STATES DISTRICT COURT FOR TH
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admitted was incorrect about the US
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government need only prove that the
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Accordingly, one who opts into or p
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other elements of the Section 1962(
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y circumstantial evidence and the l
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dealers or potential dealers. The p
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Kilroy reveal the law firm was the
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US Department Of Justice Post Trial
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of Liggett; Ernest Pepples of B&W;
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Certificate of Service I certify th
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2. I know first hand the consequenc
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Army officer and an African America
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Social and Rehabilitation Services
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answered the complaint and sent add
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shared. The stress aggravated their
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objective of eliminating liability
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14 08-3187 Medical Supply Chain vs.
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The Hon. Magistrate Judge James P.
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Bancorp and its investment bank sub
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the earlier ethics complaint as an
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misconduct that can remedy its effe
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Kansas District court would not cor
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he served as a lawyer in the matter
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Attorney James P. O'Hara Named U.S.
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Kansas City, MO. -- January 26, 200
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Exb 13 Atch 3 08-3187 Medical Suppl
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19 In contrast, as a practical matt
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02-3443 Medical Supply Chain v. US
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IN THE UNITED STATES DISTRICT COURT
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Dated this 24th day of October, 200
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lack of health insurance and the co
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Washington, DC 20004-1206 John K. P
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United States Court of Appeals for
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“Defendant's second allegation is
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3. The defendants were not parties
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tie-in sales and other means of exp
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judicata grounds. The court noted,
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Id pg. 328. d. Identity of claims U
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Heard v. Board of Pub. Util. of Kan
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The hospital supply competitors VHA
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56 states: “By 8/21/04 The NY Tim
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506 (2002); Crawford-El v. Britton,
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The burden to state a claim for int
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502 states: “Defendants through t
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the conspiracy, agreed to commit pr
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enterprise." Mason Tenders District
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“Section 315 of the Patriot Act a
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saml@medicalsupplychain.com Pro se
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!"#$%&"'()&$*'+,$&-(%'()!('()&.'/01
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UNITED STATES COURT OF APPEALS FILE
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in ensuring that the claims he brin
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supplies which included the threat
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Verizon Communications Inc. v. Law
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Certificate of Service I certify I
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! "#!$%&!'()&*+,-(&)#!).!%&*&/0!1&*
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###################################
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