08-3187 Volume Appendix15.pdf - Medical Supply Chain

supplies. Similarly, the defendant banking conglomerate US Bancorp has lost evidentiary hearings, been
fined and settled with the New York Attorney General and the Securities and Exchange Commission for
their conduct in extorting new healthcare technology companies to the hospital supply marketplace
controlled by Novation LLC and for conduct in the capitalization of my competitor Neoforma, Inc. If Judge
Carlos Murguia is acting on ex parte information from the law firms representing the defendants, their
pleadings reveal a complete absence of knowledge of the crisis preventing Americans from receiving
healthcare through artificial inflation and restraint of trade. The nation and even the defendants are being
harmed by Judge Carlos Murguia’s lack of impartiality.
I have sought judicial review of Judge Carlos Murguia’s misconduct through appeal in Medical
Supply Chain, Inc. v. US Bancorp, NA et al 10th Cir. Case No.: 02-3443; Medical
Supply Chain, Inc. v. General Electric Company, et al. No. 04-3075 and 04-3102 (10th Cir.) and Medical
Supply Chain, Inc. v. US Bancorp, NA et al 10th Cir. Case No.: 03-3342; 06- 3331. This has been frustrated
by back channel communications fostered in Judge Carlos Murguia’s office that prejudice me and everyone
associated with helping me in the eyes of the Tenth Circuit Court of Appeals and other courts. The most
recent appeal decisively showed Judge Carlos Murguia’s error on every point sustaining his ruling and the
statement of facts documented the blatantly false claims the required pleading elements were not stated
clearly in my complaint. See Applt Br at pages 19-31, Applee Br.: 2 , 3
The notice of appeal was not timely. My former counsel Bret D. Landrith never missed deadlines,
only the defense counsel. I depended on his research and willingness to take my action on contingency as
Congressional policy provided for. It became essential to the opposing law firms to have him prevented
from helping me. My former counsel was disbarred over the ex parte communications to the Kansas state
disciplinary authority fostered by Judge Carlos Murguia and reciprocally disbarred after by Judge Carlos
Murguia vehement dismissal with sanctions of Medical Supply Chain, Inc. v Novation, et al; KS Dist.
Court Case No.: 05-2299 (Formerly W.D. MO. Case No. 05-0210) and threats to sanction me or my
counsel for seeking reconsideration. The past unwillingness of the Tenth Circuit to exercise judicial review
and the financial sanctions being issued for correctly stating the law made it very dangerous for Dennis
Hawver and impossible to find replacement counsel.
Shortly after the appeal was rejected, the national news covered the hospital supply restraint of
trade problem. In "Blowing the Whistle, Many Times" The New York Times Cynthia Fitzgerald By Mary
Williams Walsh, November 18, 2007 described hundreds of millions of dollars lost from Medicare by the
misconduct. 4 http://www.nytimes.com/2007/11/18/business/18whistle.html. I have maintained the
documentary evidence that is the basis for my claims in the above litigation online at
http://www.medicalsupplychain.com/news.htm and includes four years of US Senate Judiciary Committee
testimony on the restraint of trade I have raised in my complaint and the conduct of Novation LLC in
keeping healthcare technology companies from being capitalized.
The national interest and lives lost from increasing and unaffordable healthcare resulting in the
lack of competition in hospital supplies has made Judge Carlos Murguia’s dereliction of his duty
horrifically egregious. Not only I and the legal counsel and other business associates been injured but so
have the defendants, some of which are publicly traded corporations. Despite Judge Carlos Murguia’s
willingness to rule for the defendants’ local counsel regardless of their failure to research issues or even to
be honest about the documents before the court in their written pleadings, the defendant corporations still
are injured by the non law based outcomes and are unable to change their chargeable conduct and the avoid
the consequences. Most of all, the integrity of the Kansas District Court and the people of the United States
who provide for civil enforcement through the courts of Congresses laws against restraint of trade.
I realize this begins a long road, first to the circuit Judicial Council’s likely unwillingness to
investigate this complaint, then to the Judicial Conference. Afterwards, without relief I will be forced to
then seek redress in the legislature and finally through popular sovereignty in changing the policy that
2 http://www.medicalsupplychain.com/pdf/Novation%20Appeal%20Brief.pdf
3 http://www.medicalsupplychain.com/pdf/Novation%20&%20US%20Bank%20Reply%20Brief.pdf
4 http://www.nytimes.com/2007/11/18/business/18whistle.html.
08-3187 Medical Supply Chain vs. Neoforma Volume XV 5733