08-3187 Volume Appendix15.pdf - Medical Supply Chain

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WHEREFORE, for the above stated reasons, defendants request this Court deny plaintiff’s Motion to Alter or Amend Judgment and to Stay Further Pre-Trial Proceedings (Doc. #107) and grant defendants all other relief to which they are justly entitled. Respectfully submitted, /s/ Jay E. Heidrick ANDREW M. DeMAREA KS #16141 JAY E. HEIDRICK KS #20770 SHUGHART THOMSON & KILROY, P.C. 32 Corporate Woods, Suite 1100 9225 Indian Creek Parkway Overland Park, Kansas 66210 (913) 451-3355 (913) 451-3361 (FAX) MARK A. OLTHOFF KS # 70339 SHUGHART THOMSON & KILROY, P.C. 1700 Twelve Wyandotte Plaza 120 W 12th Street Kansas City, Missouri 64105-1929 (816) 421-3355 (816) 374-0509 (FAX) ATTORNEYS FOR DEFENDANTS U.S. BANCORP and U.S. BANK NATIONAL ASSOCIATION CERTIFICATE OF SERVICE I hereby certify that a copy of the above and foregoing document was filed electronically with the above-captioned court, with notice of case activity to be generated and sent electronically by the Clerk of said court (with a copy to be e-mailed to any individuals who do not receive electronic notice from the Clerk) this 11th day of August, 2008, to: Mr. Samuel K. Lipari 297 NE Bayview Lee’s Summit, MO 64064 /s/ Jay E. Heidrick Attorney for Defendants 2356512.01 2 08-3187 Medical Supply Chain vs. Neoforma Volume XV 5645
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS SAMUEL K. LIPARI, ) ) Plaintiff, ) ) v. ) Case No. 07-CV-02146-CM-DJW ) U.S. BANCORP, and ) ) U.S. BANK NATIONAL ASSOCIATION, ) ) Defendants. ) DEFENDANTS’ RESPONSE TO THE COURT’S SHOW CAUSE ORDER TO PLAINITFF REGARDING PLAINTIFF’S RULE 26 DISCLOSURES Defendants, by and though counsel, file this Response to the Court’s Show Cause Order to Plaintiff Regarding his insufficient Rule 26(a)(1)(A) disclosures. On July 22, 2008, the Court granted defendants’ Motion to Compel Plaintiff’s Compliance with Rule 26 and ordered the plaintiff to supplement his Rule 26(a)(1)(A) disclosures by July 30, 2008. See, Doc. No. 103. The Court also ordered the plaintiff to file a pleading on or before August 13, 2008 to show cause as to why he should not be required to pay for a portion of the defendants’ reasonable fees and expenses incurred with filing the motion to compel. Id. The Order stated that defendants would then have until August 24, 2008 to file a response. The plaintiff has not supplemented his Rule 26 disclosures in accordance with the Court’s Order and failed to file any response to the Court’s show cause order. Any decision to award costs and fees related to this motion lies within the sound discretion of the Court. Despite the plaintiff’s refusal to comply with the Court’s mandate, the defendants take no position on the issue and leave the matter to the Court’s discretion. 2360310.01 08-3187 Medical Supply Chain vs. Neoforma Volume XV 5646
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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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Page 87 and 88: Monday, August 18, 2008 9:55 AM Sub
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Page 97 and 98: MARK A. OLTHOFF KS # 70339 SHUGHART
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Page 103 and 104: 21, 2008. 4 On August 21, 2008, Def
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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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08-3187 Medical Supply Chain vs. Ne
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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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IN THE UNITED STATES DISTRICT COURT
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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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