08-3187 Volume Appendix15.pdf - Medical Supply Chain

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UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI KANSAS CITY, MISSOURI Medical Supply CHAIN, INC., ) Plaintiff, ) v. ) Case No. 05-0210-CV-W-ODS NOVATION, LLC ) Attorney Lien NEOFORMA, INC. ) ROBERT J. ZOLLARS ) VOLUNTEER HOSPITAL ASSOCIATION ) CURT NONOMAQUE ) UNIVERSITY HEALTHSYSTEM CONSORTIUM ) ROBERT J. BAKER ) US BANCORP, NA ) US BANK ) JERRY A. GRUNDHOFFER ) ANDREW CESERE ) THE PIPER JAFFRAY COMPANIES ) ANDREW S. DUFF ) SHUGHART THOMSON & KILROY ) WATKINS BOULWARE, P.C. ) Defendants. ) Affidavit of Sam Lipari on The Unsuitability of Transfer 1. My name is Samuel Lipari, I reside at 297 Bayview in Lee’s Summit Missouri. I am the chief executive officer of Medical Supply Chain, Inc., a company I incorporated in May of 2000. I chose to bring this new action in Missouri District court because I have a responsibility to Medical Supply’s stakeholders and to the shareholders of US Bancorp NA, The Piper Jaffray Companies and Neoforma, Inc. to adjudicate these claims in accordance with laws of the United States. I brought two earlier and related actions to Kansas District court based on the advice of my counsel. I witnessed first hand that no decision or outcome in either case including from the Tenth Circuit Court of Appeals had any relationship to the pleadings of my company or applicable law. I make this determination based on my considerable personal experience as a clerk and researcher for a Missouri legal firm and upon discussions with what I believe are the foremost healthcare antitrust authorities in our nation. 1 Exb 12 08-3187 Medical Supply Chain vs. Neoforma Volume XV 5789
2. I know first hand the consequences to Medical Supply and the additional liabilities US Bancorp NA, The Piper Jaffray Companies and Neoforma, Inc. have incurred as a result of the Kansas District court outcomes and the Tenth Circuit delays. I believe several of these defendants will no longer be viable after a judgment at law is made on their conduct. 3. I received a confidential decision by Chief Judge Deanell R. Tacha dated March 23, 2005; a complaint with extensive documented evidence including official court transcripts and affidavits I made to the Tenth Circuit about the conduct of the Kansas District Court Magistrate James P. O’Hara and the attorneys of the law firm Shughart, Thomson & Kilroy described in the lawsuit before this court. Chief Justice Tacha determined that the conduct described presented an issue about the bias of the forum Medical Supply suffered. Included in the complaint was evidence that the bias reached the Office of the Clerk for the Tenth Circuit Court of Appeals and the person of Patrick Fischer, Chief Clerk. 4. Early in the Kansas District Court case against the US Bancorp defendants, I instructed my counsel to write a letter to the Chief Administrative Judge of the Kansas District Court inquiring as to weather the Kansas District court had the resources to adjudicate an antitrust matter based on a Sherman Act refusal to deal claim and if we should transfer the action to a different forum. The Kansas District Court never had the time, resources or manpower to answer my inquiry and it is my belief after observing first hand that the Kansas District Court does not have the resources required for me to prosecute my claims against these defendants. 2 08-3187 Medical Supply Chain vs. Neoforma Volume XV 5790
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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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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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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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