08-3187 Volume Appendix15.pdf - Medical Supply Chain

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS KANSAS CITY, KANSAS MEDICAL SUPPLY CHAIN, INC., ) (Party in interest Samuel K. Lipari) ) Plaintiff, ) v. ) Case No. 05-2299 NEOFORMA, INC. et al ) Formerly W.D. MO. ) Case No. 05-0210 MOTION FOR RECONSIDERATION Comes now, the plaintiff Medical Supply Chain, Samuel K. Lipari appearing pro se and respectfully requests the court reconsider it dismissal order, (Doc. 78 ). The order in clear error contradicts controlling US Supreme Court authority. STATEMENT OF FACTS 1. The federally actionable conduct complained of in the current case occurred after the date federally actionable conduct was averred in Medical Supply Chain, Inc. v. US Bancorp, NA, et al, case number 02-2539-CM (“Medical Supply I”) 2. The merger of the two remaining web based hospital supply distributor competitors of Medical Supply averred in the current complaint as an agreement made by the defendants to monopolize the hospital supply market did not take place until March of 2006, a year after the current complaint. 1 Exb 14 08-3187 Medical Supply Chain vs. Neoforma Volume XV 5921
3. The defendants were not parties in Medical Supply Chain, Inc. v. General Electric Company, et al., case number 03-2324-CM (“Medical Supply II”). MEMORANDUM OF LAW A court will alter or amend judgment or reconsider its ruling when there is a need to correct clear error or prevent manifest injustice. Brumark Corp. v. Samson Res. Corp., 57 F.3d 941, 948 (10th Cir. 1995); Priddy v. Massanari, 2001 WL 1155268, at *2 (D. Kan. Sept. 28, 2001). 1. The prior case outcomes cannot determine the present action The defendants Novation, LLC (“Novation”), VHA Inc. (“VHA”), University Healthsystem Consortium (“UHC”), Robert Baker, Curt Nonomaque, Neoforma and Robert J. Zollars were not defendants or plaintiffs in either of the preceding cases. The defendant Shughart Thomson & Kilroy, P.C.while in recognizable privity as counsel to defendants in Medical Supply I, 1 were not parties in Medical Supply II and the conduct averred in the present complaint did not take place 1 B-S Steel of Kansas, Inc. v. Texas Industries, 327 F.Supp.2d 1252 (D. Kan., 2004) “But, privity does not require the plaintiff and defendant to be parties to an agreement. "Privity requires, at a minimum, a substantial identity between the issues in controversy and showing [that] the parties in the two actions are really and substantially in interest the same." Quoting Lowell Staats Mining Co. v. Philadelphia Elect. Co., 878 F.2d 1271, 1275 (10th Cir.1989). 2 08-3187 Medical Supply Chain vs. Neoforma Volume XV 5922
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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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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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Page 295 and 296: 08-3187 Medical Supply Chain vs. Ne
Page 335 and 336: IN THE UNITED STATES DISTRICT COURT
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Page 353 and 354: Id pg. 328. d. Identity of claims U
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Page 373 and 374: saml@medicalsupplychain.com Pro se
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Page 377 and 378: UNITED STATES COURT OF APPEALS FILE
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Page 385 and 386: Certificate of Service I certify I
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