08-3187 Volume Appendix15.pdf - Medical Supply Chain

from obstructing his entry into the hospital supply market. By breaching a
contract to provide escrow accounts to the manufacturer’s representatives the
petitioner had recruited for the purpose of funding the development of hospital
customers, the defendants protected their underwriting of Neoforma, Inc the
petitioner’s direct competitor which was openly a member of a hospital supply
cartel published in securities filings as creating exclusionary long term
anticompetitive contracts with more than 2500 hospitals nationwide and organized
by General Electric under the leadership of Jeffry Immelt and Novation LLC, also
published in securities filings.
The respondent became convinced from sources other than the petitioner or
any known filings that the defendants could not be liable for antitrust and the
respondent began a pattern and practice of dismissing all the petitioner’s actions
before discovery could commence. In the marketplace, the defendants were
emboldened to commit subsequent antitrust felonies injuring consumers in the
market and the petitioner.
The petitioner reentered court seeking damages for the subsequent conduct
violating antitrust law and for the misconduct of the defendants in committing
extortion under color of official right to prevent the petitioner from being able to
present his case to a jury through extrinsic fraud. The respondent again delayed
and prevented discovery and delayed ruling on the petitioner’s partial summary
judgment which contained the controlling law applied to evidentiary exhibits of
the extortion until after the petitioner was successfully deprived of counsel, then
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08-3187 Medical Supply Chain vs. Neoforma Volume XV 5697