08-3187 Volume Appendix15.pdf - Medical Supply Chain

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Missouri (“General Electric case”). 20 According to Defendants, those documents are unrelated to this case because the General Electric case involves different defendants and different facts. Plaintiff argues that Defendants are incorrect when they argue that his document disclosures must be deficient because they are the same document disclosures made in the General Electric case. Plaintiff argues that both this case and General Electric stem from the same underlying facts. He states that “both cases cover the same events and rely on the same determination of Medical Supply Chain, Inc.’s income if [Defendants] had not breached their contracts with Medical Supply Chain, Inc.” and engaged in the other wrongful acts alleged in Plaintiff’s Complaint. 21 Plaintiff further states that he has disclosed “the documents related to the launch of his business and his claims against the defendants that the plaintiff will likely be using in court before a jury.” 22 Not having reviewed the documents at issue and not being intimately familiar with the facts and allegations of this case, or for that matter, the General Electric case, the Court is not in a position to determine whether each and every document disclosed by Plaintiff is one that he might use to support his claims and defenses. The Court declines to enter an order, based upon nothing more than doubt and speculation, that would require Plaintiff to remove certain documents from his disclosures. The Court will, however, direct Plaintiff to file a supplemental Rule 26(a)(1)(A)(ii) disclosure statement in which he makes an affirmative statement that the documents listed on his initial Rule 26(a)(1)(A)(ii) written disclosure statement, and contained on the disc provided to 20 Plaintiff states that the General Electric case is now filed in the Western District of Missouri, Case No. 07-0849-CV-W-FJG. Pl.’s Mem. in Opp. to Defs.’ Mot. to Compel (doc. 75) at p. 1. 21 Id. at p.3. 22 Id. at p. 5. 9 08-3187 Medical Supply Chain vs. Neoforma Volume XV 5587
Defendants, are documents that he (1) has in his possession, custody, or control, and (2) may use to support his claims or defenses in this case. To the extent Plaintiff has disclosed documents that fall outside of this definition, he shall serve amended document disclosures that comply with Rule 26(a)(1)(a)(ii) and this Memorandum and Order. The supplemental disclosure statement or amended disclosures shall be served on Defendants by July 30, 2008. III. Attorney’s Fees and Expenses Defendants do not expressly request an award of expenses or fees in connection with their Motion to Compel; they merely “request all . . . relief to which they are justly entitled.” 23 The Court must look to Federal Rule of Civil Procedure 37(a)(5), which deals with the payment of expenses incurred in connection with motions to compel. Subsection (C) provides for the payment of the moving party’s expenses if the motion to compel discovery is granted in part. It provides that the Court “may, after giving an opportunity to be heard, apportion the reasonable expenses for the motion.” 24 To satisfy the requirement that the parties be given the opportunity to be heard, the Court directs Plaintiff to show cause, in a pleading filed on or before August 13, 2008, why he should not be required to pay a portion of the reasonable expenses and attorney’s fees Defendants incurred in making their Motion to Compel. Defendants shall have until August 24, 2008 to file a response thereto, if they so choose. In the event the Court determines that expenses and fees should be awarded and apportioned, the Court will issue an order setting forth a schedule for the filing of an 23 Defs.’ Mem. in Supp. of Mot. to Compel (doc. 70) at p. 5. 24 Fed. R. Civ. P. 37(a)(5)(C). 10 08-3187 Medical Supply Chain vs. Neoforma Volume XV 5588
Page 1 and 2: IN THE UNITED STATES DISTRICT COURT
Page 3 and 4: Respectfully submitted, /s/ Jay E.
Page 5 and 6: After the instant Motion to Compel
Page 7 and 8: Thus, under Rule 26(a)(1)(A)(i), Pl
Page 9 and 10: help focus the discovery efforts of
Page 11: With respect to the first requireme
Page 15 and 16: IT IS SO ORDERED. Dated in Kansas C
Page 17 and 18: 2008 pretrial conference, and an Au
Page 19 and 20: motive on the part of the movant, r
Page 21 and 22: Plaintiff’s contention that he ne
Page 23 and 24: 08-3187 Medical Supply Chain vs. Ne
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08-3187 Medical Supply Chain vs. Ne
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IN THE UNITED STATES DISTRICT COURT
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IN THE UNITED STATES COURT DISTRICT
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FILED United States Court of Appeal
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plaintiff sanctioned for not produc
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Monday, August 18, 2008 9:06 AM Sub
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method of communication, that it ma
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********************PRIVATE AND CON
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Monday, August 18, 2008 9:55 AM Sub
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DJW/bh IN THE UNITED STATES DISTRIC
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MARK A. OLTHOFF KS # 70339 SHUGHART
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Not Reported in F.Supp.2d Page 2 No
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21, 2008. 4 On August 21, 2008, Def
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Here, the parties have submitted se
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Whereas the trial judge has not rev
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(mh) (Entered: 08/20/2008) 7. The d
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that rejected in Glass v. Pfeffer,
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Prior Extrajudicial Source Bias The
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molthoff@stklaw.com ademarea@stklaw
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supplies. Similarly, the defendant
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JUDICIAL COUNCIL THE TENTH CIRCUIT
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the respondent ordered dismissal of
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Appearance Docket of the subject li
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were parties to the action at the t
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21. The petitioner had opposed tran
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State Court and the Western Distric
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dismissed, contradicting controllin
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(1) Respondent’s Effect On Litiga
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enter the market where Missouri doc
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58. Through the petitioner’s lobb
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made by the respondent that would h
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due date for a response to the defe
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Head v. Platte County, Mo., 749 P.2
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this court, we must call attention
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petitioner’s appeal or to other t
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adopted their poorly concealed fals
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without independent review resultin
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The action has the petitioner’s m
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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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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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08-3187 Volume Appendix15.pdf - Medical Supply Chain

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