08-3187 Volume Appendix15.pdf - Medical Supply Chain

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Where such advocatory bias 'exist(s) before the trial it furnishes the basis for disqualification of the judge to conduct the trial. Section 144, Title 28, U.S. Code.' Id. at 465. Especially from a due process perspective, it seems clear that the 'judicial proceeding' rule can extend no further than is necessary to preserve the functional ability of the courts to try cases. Mitchell v. Sirica, 502 F.2d 375 (C.A.D.C., 1974) A favorable or unfavorable predisposition can also deserve to be characterized as "bias" or "prejudice" because, even though it springs from the facts adduced or the events occurring at trial, it is so extreme as to display clear inability to render fair judgment. (That explains what some courts have called the "pervasive bias" exception to the "extrajudicial source" doctrine. See, e. g., Davis v. Board of School Comm'rs of Mobile County, 517 F. 2d 1044, 1051 (CA5 1975), cert. denied, 425 U. S. 944 (1976).). CONCLUSION Whereas the trial judge has not reviewed the plaintiff’s affidavit of prejudice or has not made an order regarding that review, under 28 USC § 144 there are no further proceedings in this court and because this court lost jurisdiction due to the notice of appeal filed on July 11, 2008, the magistrate’s order is void for want of jurisdiction. Respectfully Submitted, S/ Samuel K. Lipari ____________________ Samuel K. Lipari 297 NE Bayview Lee's Summit, MO 64064 816-365-1306 saml@medicalsupplychain.com Pro se CERTIFICATE OF SERVICE I certify I have sent a copy to the undersigned opposing counsel via electronic filing on 8/22/08. Mark A. Olthoff, Esq., Jay E. Heidrick, Esq. Shughart Thomson & Kilroy, P.C. Twelve Wyandotte Plaza 120 W. 12th Street Kansas City, MO 64105 via email jheidrick@stklaw.com 7 08-3187 Medical Supply Chain vs. Neoforma Volume XV 5691
molthoff@stklaw.com ademarea@stklaw.com S/ Samuel K. Lipari ____________________ Samuel K. Lipari Attachments: Atch 1 email to Shughart Thomson Kilroy Disclosing Petition Atch 1 Part A Judicial Ethics Complaint Atch 1 Part B Petition Atch 1 Part C Exhibits Atch 1 Part D Exhibits 2 Atch 2 Letter of July-22-08 Atch 2 Exb 1 02-3443 Order Medical Supply Chain, Inc. v. US Bancorp, NA. Atch 2 Exb. 2 Authority for investgation research Atch 3 Response to Show Cause Order Atch 4 Order to Show Cause Atch 5 Lipari Motion For Order To Show Cause Atch 6 Missouri Notice of Appeal Atch 7 Lipari v GE Rule 59(e) Motion Atch 8 Lipari Rule 59(e) Reply Suggestion Atch 9 Reply Suggestion to Seyfarth Shaw 8 08-3187 Medical Supply Chain vs. Neoforma Volume XV 5692
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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
Page 105 and 106: Here, the parties have submitted se
Page 109 and 110: Whereas the trial judge has not rev
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Page 113 and 114: that rejected in Glass v. Pfeffer,
Page 115: Prior Extrajudicial Source Bias The
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
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Page 127 and 128: were parties to the action at the t
Page 129 and 130: 21. The petitioner had opposed tran
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Page 155 and 156: The action has the petitioner’s m
Page 157 and 158: Date: February, 1 st 2008 Office of
Page 159 and 160: permitted the repeated outcomes her
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Page 165 and 166: 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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