08-3187 Volume Appendix15.pdf - Medical Supply Chain

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Whereas for the following reasons the petitioner respectfully requests that the judicial council stop the continuing violations of Judicial Canons 1, 2A, 2B, 3A1, 3A2, 3A3, 3A4, 3A6, 3B2, and 3B3 by the respondent. 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 36 08-3187 Medical Supply Chain vs. Neoforma Volume XV 5731
Date: February, 1 st 2008 Office of the Circuit Executive United States Tenth Circuit Byron White United States Courthouse 1823 Stout Street Denver, Colorado 80257 Re: Judicial Ethics Complaint against US District for Kansas Court Judge Carlos Murguia Dear Honorable Chief Judge Deanell Reece Tacha I am making a judicial ethics complaint against US District for Kansas Court Judge Carlos Murguia and his conduct in the following cases: Medical Supply Chain, Inc. v. US Bancorp, NA et al KS. Dist. Case No. 02-2539; Medical Supply Chain, Inc. v. General Electric Company, et al., case number 03-2324-CM, Medical Supply Chain, Inc. v Novation, et al; KS Dist. Court Case No.: 05-2299 (Formerly W.D. MO. Case No. 05-0210); I am forced to make this complaint against my litigation interests and risk the certain retribution despite the recent US History of judges not being disciplined regardless of the seriousness of their offenses. 1 The reason I am forced to make this complaint is the urgency that the misconduct is continuing and threatens my property and has prevented me from incorporating and for all practical purposes, from ever entering the market for hospital supplies. I was stopped from obtaining a case management hearing in 2002 in the matter that I am still litigating today, just before I was to meet with the Hon. Magistrate Waxse. The discoverable and public documents clearly and conclusively prove my claims. A known fact that seems to necessitate repeated dismissals before discovery commences. I finally got to the January, 2008 case management hearing and Hon. Magistrate Waxse set a schedule including a timetable for dispositive motions that the parties mutually agreed to. While working on the next exhaustive task of documenting my damages and the controlling case law governing discovery, Judge Carlos Murguia issued a minute order having the effect of over ruling the case management order and did so by a minute entry with no document, having the effect of giving me no notice of the accelerated deadline. As the party experiencing the repeated prejudice and misconduct of US District for Kansas Court Judge Carlos Murguia I am fully aware of what would have happened to my chances of ever entering the market to compete with Novation LLC and lower hospital supply costs and all I have ever worked for if I had missed the stealth deadline. Each time I have had my claims dismissed based on facially false and readily discernable misrepresentations about the contents of my pleadings. This has been coupled with decisions on law directly contradicting controlling authority or adopting the defendants’ false legal argument grounded in the misrepresentation of whether words stating elements are in my complaints. Each time I have sought rehearings, pointing out the clear error of contradicting US Supreme Court authority on the precise issue or demonstrating that a federal statute or public law expressly states language for a private right of action, Judge Carlos Murguia has denied them. Judge Carlos Murguia has also denied me opportunities to correct any deficiencies in my claims. Any prejudice against me or my claims by Judge Carlos Murguia cannot be based on an objective view of the law or the economic conditions resulting from restraint of trade in the market for hospital 1 http://writ.news.findlaw.com/dean/20040813.html Exb 1 Atch 1 Part C Exhibits 08-3187 Medical Supply Chain vs. Neoforma Volume XV 5732
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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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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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Page 109 and 110: Whereas the trial judge has not rev
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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
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Page 163 and 164: Council. As set out in the miscondu
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Page 169 and 170: MEMORANDUM IN SUPPORT The plaintiff
Page 171 and 172: law); Cincinnati Insurance Co. v. B
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Page 185 and 186: enter the market. The Defendants ta
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Page 189 and 190: 598. The USA PATRIOT Act reaffirmed
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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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