08-3187 Volume Appendix15.pdf - Medical Supply Chain

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2. The Notre Dame law School Professor G. Robert Blakey was interviewed and stated it was wrong for the law firm not to be made a defendant in the civil RICO action against the tobacco companies. See Exb. 1, pg. 1 3. On August 15, 2005, the US Justice Department filed a post trial proposed finding of fact in the civil racketeering case against tobacco companies mentioning at least 15 Shook Hardy lawyers by name and referring to the firm more than 250 times. See Exb. 1, pg. 1, Exb 2 generally. 4. On August 24, 2005, the US Justice Department filed a post trial brief arguing with controlling legal authority that the law firm Shook, Hardy and Bacon LLP had the requisite intent to be liable as a RICO person. See Exb 3 generally. 5. Medical Supply filed an amended complaint against Unknown Healthcare, for Brian Kabbes, for Lars Anderson, for Susan Paine, for Andrew Cesere, for Piper Jaffray, for Mutual Fund Services, for Institutional Trust, for Corporate Trust, for US Bank Private and for US Bancorp, NA some of whom are the current defendants on See Exb 4 generally. 6. The complaint described the defendants’ conduct violating the Hobbs Act against racketeering in keeping Medical Supply out of the market to further the defendants’ monopolization of the hospital supplies by falsely using the USA Patriot Act “know your customer” provision and the US Bank’s official role enforcing the USA Patriot Act. See Exb 4 pg. s 44-47 7. The witnessed conduct was attested to by Sam Lipari in an affidavit at the end of the complaint. See Exb 4 pg.68 8. The plaintiff was unsuccessful in obtaining injunctive relief to prevent the defendants’ monopolization. 9. Medical Supply notified the non defendant hospital supply cartel members participating in the agreement to boycott Medical Supply in December 2004. See Novation Complaint Exb 5 pg.s 85-86. 10. Shughart Thomson & Kilroy a law firm stepped up their efforts to obstruct justice and prevent medical Supply from having representation and legal resources to expose the cartel’s monopolization of hospital supplies. See Novation Complaint Exb 5 pg. 108-111 11. The Shughart Thomson & Kilroy lawyer Andrew DeMarea filed a fraudulent Kansas Disciplinary complaint against Medical Supply’s counsel for appealing a trial court ruling the Tenth Circuit panel 2 08-3187 Medical Supply Chain vs. Neoforma Volume XV 5769
admitted was incorrect about the USA Patriot Act statute. See De Marea Complaint Exb 6 pg.1, See also Tenth Circuit Sanction order, Exb 7. 12. Andrew DeMarea’s former boss, Kansas US District Court Magistrate James P. O’Hara altered his testimony on the stand on January 21, 2005 revealing for the first time the defendants’ continuing pattern and practice of racketeering to Medical Supply’s President and counsel. See Novation Complaint Exb 5 pg., See also Magistrate O’Hara Testimony Sup 1 Atch 9 pg.s 609-669 13. Medical Supply then documented the newly discovered pattern events and incorporated the into the complaint filed against the defendants for damages resulting from the earlier injury Medical Supply had tried to enjoin. See Supplement 1, Federal Bureau of Investigation Complaint and Sup.1 Atch 1 thru 13. 14. The extra legal or outside of court racketeering to obstruct justice, intimidate and retaliate against witnesses and victims is still continuing and has led to injury of Medical Supply principals. See affidavit of Sam Lipari Exb. 8 generally. ARGUMENTS AND AUTHORITIES Under Rule 56 of the Federal Rules of Civil Procedure, summary judgment is appropriate if the pleadings, depositions, answers to interrogatories and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law. Fed. R. Civ. P. 56(c). Material facts are those that “might affect the outcome of the suit under the governing law.” Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248 (1986). In considering a summary judgment motion, “the evidence of the non-movant is to be believed, and all justifiable inferences are to be drawn in his favor.” Id. at 255; see also Washington Post Co. v.United States Dep’t of Health and Human Servs., 865 F.2d 320, 325 (D.C. Cir. 1989). Additionally, summary judgment is appropriate for purely legal questions. See generally Moore's Federal Practice, P56.20(3.-2)(2ded. 1976). A determination on a strict legal issue can "narrow the issues in [a] case, advance the progress of the litigation, and provide the parties with some guidance as to how they proceed with the case." Warner v. United States, 698 F. Supp. 877, 879 (S.D. Fla. 1988). "Summary judgment can thus serve to set the issues for trial .... The outcome of [the] dispute will have an immediate 3 08-3187 Medical Supply Chain vs. Neoforma Volume XV 5770
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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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(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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Page 147 and 148: this court, we must call attention
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Page 159 and 160: permitted the repeated outcomes her
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Page 163 and 164: Council. As set out in the miscondu
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
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Page 189 and 190: 598. The USA PATRIOT Act reaffirmed
Page 191 and 192: 611. Defendants’ actions were wil
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Page 197 and 198: government need only prove that the
Page 199 and 200: Accordingly, one who opts into or p
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Page 203 and 204: y circumstantial evidence and the l
Page 205 and 206: dealers or potential dealers. The p
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Page 209 and 210: US Department Of Justice Post Trial
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Page 213 and 214: Certificate of Service I certify th
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Page 221 and 222: answered the complaint and sent add
Page 223 and 224: shared. The stress aggravated their
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Page 229 and 230: The Hon. Magistrate Judge James P.
Page 231 and 232: Bancorp and its investment bank sub
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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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