08-3187 Volume Appendix15.pdf - Medical Supply Chain

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Complainant takes issue with various rulings by the respondent judge, alleging resulting prejudice in multiple underlying cases and related appeals. Any claims based solely on the judge’s rulings are not cognizable as misconduct because they are “directly related to the merits of a decision or procedural ruling.” See Misconduct Rule 4(c)(2). The policy behind this rule is that “the complaint procedure cannot be a means for collateral attack on the substance of a judge’s rulings.” Breyer Report, App. E., 2. As explained in this circuit’s misconduct rules, only a court has the power to change a judge’s ruling. Misconduct Rule 1(e). Neither I, acting as Chief Judge, nor the Judicial Council of the circuit - both charged with the determination of judicial misconduct matters under the federal statute - can do that. Complainant also appears to imply that the respondent judge is biased against complainant and comments in passing that the judge may have relied on ex parte communications with opposing parties in the underlying suits in reaching the rulings complained of. These implied claims lack support of any kind, and are therefore dismissed pursuant to Misconduct Rule 4(c)(3) (directing dismissal of claims that are “wholly unsupported or lacking sufficient evidentiary support to raise an inference that some kind of cognizable misconduct has occurred”). Accordingly, this complaint is dismissed. The Circuit Executive is directed to transmit this order to complainant and a copy to the respondent judge. To seek review of this order, complainant must file a petition for review by the Judicial -2- 08-3187 Medical Supply Chain vs. Neoforma Volume XV 5737
Council. As set out in the misconduct rules, the petition should be in the form of a letter, and need not include a copy of the original complaint or this order. See Misconduct Rule 6. The petition must be filed with the Office of the Circuit Executive, at the address set out in the rules, within 30 days of the date of the letter transmitting this order. Id. So ordered this 14th day of March, 2008. /s/ Robert H. Henry Honorable Robert H. Henry Chief Circuit Judge -3- 08-3187 Medical Supply Chain vs. Neoforma Volume XV 5738
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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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Here, the parties have submitted se
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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 125 and 126: Appearance Docket of the subject li
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Page 129 and 130: 21. The petitioner had opposed tran
Page 131 and 132: State Court and the Western Distric
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Page 135 and 136: (1) Respondent’s Effect On Litiga
Page 137 and 138: enter the market where Missouri doc
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Page 149 and 150: petitioner’s appeal or to other t
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Page 157 and 158: Date: February, 1 st 2008 Office of
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Page 161: JUDICIAL COUNCIL OF THE TENTH CIRCU
Page 165 and 166: SUMMARY OF DEADLINES AND SETTINGS E
Page 167 and 168: UNITED STATES DISTRICT COURT FOR TH
Page 169 and 170: MEMORANDUM IN SUPPORT The plaintiff
Page 171 and 172: law); Cincinnati Insurance Co. v. B
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Page 175 and 176: Judge Carlos Murguia’s prior deci
Page 177 and 178: Case 2:05-cv-02299-CM-GLR Document
Page 185 and 186: enter the market. The Defendants ta
Page 187 and 188: (1) the attendance of a witness or
Page 189 and 190: 598. The USA PATRIOT Act reaffirmed
Page 191 and 192: 611. Defendants’ actions were wil
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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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