08-3187 Volume Appendix15.pdf - Medical Supply Chain

participated in a pleading to prevent Sam Lipari from being
substituted. In evaluating a dismissal the allegations in
the complaint are taken as true. The question of dismissal
does not concern the conduct of the plaintiff to avoid
injustly being deprived of redress through representation.
12. Plaintiff Has an Unresolved/Unripe Antitrust Merger
Claim
The court’s present ruling if unchanged would lead to
another year’s delay when the plaintiff files his antitrust
claim for injury from the merger of Neoforma, Inc. and
GHX,LLC. The defendants would no doubt claim res judicata
and claim preclusion and seek to have the plaintiff
sanctioned without once identifying the transaction date
and whether it was subsequent to the present complaint.
Conclusion
The plaintiff respectfully requests the court
reconsider its opinion and issue a revised opinion in
conformance with controlling applicable law. If the court
follows controlling case law and the express language of
federal statutes, there is no basis for sanctioning the
plaintiff or his former counsel.
Respectfully Submitted,
____________________
Samuel K. Lipari
297 NE Bayview
Lee's Summit, 816-365-1306
27
08-3187 Medical Supply Chain vs. Neoforma Volume XV 5947