08-3187 Volume Appendix15.pdf - Medical Supply Chain

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The complaint identifies the defendant Neoforma and the nondefendant coconspirator GHX, LLC as the only other electronic marketplaces for hospital supplies (40) besides Medical Supply Chain and that Neoforma will be merged with GHX, LLC to monopolize the web based market for hospital supplies. The complaint adequately alleges a conspiracy to monopolize under Section 2. To establish such a claim, plaintiff must plead and prove (1) a combination or conspiracy to monopolize; (2) overt acts done in furtherance of the combination or conspiracy; (3) an effect upon an appreciable amount of interstate commerce; and (4) a specific intent to monopolize. Multistate Legal Studies. Inc. v. Harcourt Brace Jovanovich Legal & Prof'l Publ'ns, Inc., 63 F.3d 1540, 1556 (10th Cir. 1995). 5. Plaintiff adequately alleges harm to competition The plaintiff’s complaint documents harm to the market from the defendants’ artificial inflation of hospital supply prices. A trilogy of recent Supreme Court decisions reflect that it is unnecessary at the pleading stage to state every element of a claim, See Swierkiewicz v. Sorema N.A., 534 U.S. 15 08-3187 Medical Supply Chain vs. Neoforma Volume XV 5935
506 (2002); Crawford-El v. Britton, 523 U.S. 574 (1998); Leatherman v. Tarrant County Narcotics Intelligence & Coordination Unit, 507 U.S. 163 (1993). 6. Plaintiff has standing The plaintiff Medical Supply Chain, Inc., like the sole proprietorship Medical Supply Chain and Sam Lipari the founder and CEO of Medical Supply Chain, Inc. ( a statutory trustee of the corporation under Missouri § 351.525 RSMo) and now the proprietor of Medical Supply Chain, a hospital supply business excluded from the market by the continuing acts of the defendants has standing. Missouri’s rule 52.13(e) states "When a corporation has been sued and served with a process or has appeared while in being, and is thereafter disolved or its charter forfeited, the action shall not be affected thereby ...." Accordingly, under § 351.525, "[t]he statutory trustees succeed to the interest of the corporation by operation of law ". Sab Harmon Indus. v. All State Bldg. Sys., 733 S.W.2d 476, 483 (Mo.App.1987). It has been asserted that like the trial court in case World of Sleep’s conclusion that World of Sleep's lost profits from potential sales to the licensee stores were too speculative because "there is no history at all of any profit or loss on these dealings during the years involved 16 08-3187 Medical Supply Chain vs. Neoforma Volume XV 5936
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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 309 and 310: 08-3187 Medical Supply Chain vs. Ne
Page 335 and 336: IN THE UNITED STATES DISTRICT COURT
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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
Page 387 and 388: ! "#!$%&!'()&*+,-(&)#!).!%&*&/0!1&*
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08-3187 Volume Appendix15.pdf - Medical Supply Chain

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