08-3187 Volume Appendix15.pdf - Medical Supply Chain

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DJW/bh SAMUEL K. LIPARI, IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS v. U.S. BANCORP, N.A., et al., Plaintiff, Defendants. CIVIL ACTION No. 07-2146-CM-DJW MEMORANDUM AND ORDER This matter is before the Court on Plaintiff’s Motion for Leave to Amend Petition (doc. 101). For the reasons set forth below, the Court denies the motion. I. Background Information Plaintiff filed this action on November 28, 2006 in the Circuit Court of Jackson County, Missouri. On December 13, 2006, Defendants removed the case to the United States District Court for the Western District of Missouri, based on diversity jurisdiction. The District Court for the Western District of Missouri transferred the case to this District. Plaintiff’s Petition asserts claims for breach of contract, fraud, misappropriation of trade secrets under R.S.Mo. § 417.450, breach of fiduciary duty, and prima facie tort. This Court held a scheduling conference on January 11, 2008, at which time the Court set a March 1, 2008 deadline for filing motions to join additional parties or otherwise amend the pleadings. 1 In addition, the Court set a July 1, 2008 deadline for completing discovery, a July 30, 1 Scheduling Order (doc. 5), 3.a. 08-3187 Medical Supply Chain vs. Neoforma Volume XV 5591
2008 pretrial conference, and an August 15, 2008 dispositive motion deadline. 2 Trial was set for March 2, 2009. On July 23, 2008, the Court converted the pretrial conference to a telephone status conference to take up Plaintiff’s motion to stay proceedings. 3 Plaintiff filed the instant Motion to Amend on July 18, 2008, more than three and one-half months after the March 1, 2008 deadline for filing motions to amend, and more than two weeks after the close of discovery. Plaintiff is proceeding in this action pro se. Two motions to dismiss have been filed in this case. The first motion was granted in part on November 16, 2007 (see doc. 39). Defendants filed a second motion to dismiss (doc. 43) on December 19, 2007, and that motion is pending before the District Court Judge. II. Plaintiff’s Proposed Amendments In support of his motion, Plaintiff asserts that his initial petition “was written for a Missouri state court forum,” 4 and that his amendments are intended “to correct any deficiencies found in the second dismissal.” 5 Plaintiff’s motion does not include “a concise statement” of the proposed amendments, as required by D. Kan. Rule 15.1. He merely states that “[t]he amended text is between paragraphs 257 and 258 on pages 70 to 73.” 6 Plaintiff attaches a copy of the proposed Amended Petition, in which he adds a new cause of action under Count VI. It is entitled: 2 Id., 2.b., 3.c., and 4.b. 3 See Order (doc. 104). 4 Pl.’s Mot. for Leave to Amend Pet. (doc. 101) at p.1. 5 Id. 6 Id. 2 08-3187 Medical Supply Chain vs. Neoforma Volume XV 5592
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 and 12: With respect to the first requireme
Page 13 and 14: Defendants, are documents that he (
Page 15: IT IS SO ORDERED. Dated in Kansas C
Page 19 and 20: motive on the part of the movant, r
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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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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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08-3187 Volume Appendix15.pdf - Medical Supply Chain

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