08-3187 Volume Appendix15.pdf - Medical Supply Chain

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And in response to the plaintiff’s further clarification: “Subject: FW: Lipari v. US Bank... Date: Wednesday, July 16, 2008 8:40 AM From: Jay Heidrick To: Samuel Lipari Saml@MedicalSupplyChain.com Cc: Jay Heidrick jheidrick@stklaw.com Conversation: Lipari v. US Bank... Sam- Per your request, attached are the Interrogatories and Requests for Production we served. The deficiencies in your responses were outlined in the Memorandum that accompanied our Motion to Compel. You should have a copy of that document, but I'll resend if necessary. Let me know. Thanks. Jay “ See exb. 2 email to defendants. 3. The plaintiff’s responses to the interrogatories are the plaintiff’s responses in full. A misunderstanding that persists despite the plaintiff’s repeated briefing and the clearly stated averments of his complaint is that the emails are the written and signed contract between the parties for US Bank and US Bancorp to provide escrow accounts. That is why everyone receiving the email from Kabbes has a signed copy of the agreement. The emails were required to be preserved by the defendants after receiving notice in the original case management conference from 2003. Instead they committed spoliation and now have only the documents produced by the plaintiffs. 4. The defendants have not produced any of their Rule 26 required disclosure documents or witness information and have also failed to produce documents specifically requested by the plaintiff (see exb. 3) using frivolous assertions of protective orders this court refuses to rule on in order to covertly grant the defendants the immunity from Rule 26 this court cannot lawfully give. 4. The signed document the defendants are demanding is actually one of the ten escrow deposit agreements the complaint expressly states were sent out to the candidates on the approval of Kabbes but then US Bancorp subsequently repudiated their agreement to provide escrows, as the complaint avers no deposits were ever made. This is the blank document furnished the defendants in the plaintiff’s Rule 26 production as proof of the plaintiff’s complaint. See exb 4. 5. The defendants having destroyed their email in deliberate spoliation then sought and fraudulently procured sanctions against the plaintiff for producing Rule 26 discovery and now seek to have the 2 08-3187 Medical Supply Chain vs. Neoforma Volume XV 5653
plaintiff sanctioned for not producing a signed deposit agreement when the complaint alleges the deposits were never made. 6. The plaintiff had originally sought an injunction in 2002 requiring the defendants to accept the deposits and to receive the $6000 fee from the plaintiff but the defendants prevailed and have used the denial of the injunction to fraudulently procure subsequent rulings sanctioning and denigrating the plaintiff. 7. This court does not have jurisdiction over concurrent action state claims that were erroneously removed from Independence, Missouri and currently the court has lost jurisdiction over the federal action where these state claims are pendant due to the appeal in Medical Supply Chain, Inc. v. US Bancorp et al. Respectfully Submitted, S/ Samuel K. Lipari ____________________ Samuel K. Lipari 297 NE Bayview Lee's Summit, MO 64064 816-365-1306 saml@medicalsupplychain.com Pro se CERTIFICATE OF SERVICE I certify I have sent a copy to the undersigned opposing counsel via electronic filing on 8/18/08. Mark A. Olthoff, Esq., Jay E. Heidrick, Esq. Shughart Thomson & Kilroy, P.C. Twelve Wyandotte Plaza 120 W. 12th Street Kansas City, MO 64105 via email jheidrick@stklaw.com molthoff@stklaw.com ademarea@stklaw.com 3 08-3187 Medical Supply Chain vs. Neoforma Volume XV 5654
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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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Page 27 and 28: 08-3187 Medical Supply Chain vs. Ne
Page 69 and 70: IN THE UNITED STATES DISTRICT COURT
Page 73 and 74: IN THE UNITED STATES COURT DISTRICT
Page 75 and 76: FILED United States Court of Appeal
Page 77: IN THE UNITED STATES COURT DISTRICT
Page 81 and 82: Monday, August 18, 2008 9:06 AM Sub
Page 83 and 84: method of communication, that it ma
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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
Page 99 and 100: Not Reported in F.Supp.2d Page 2 No
Page 103 and 104: 21, 2008. 4 On August 21, 2008, Def
Page 105 and 106: Here, the parties have submitted se
Page 109 and 110: Whereas the trial judge has not rev
Page 111 and 112: (mh) (Entered: 08/20/2008) 7. The d
Page 113 and 114: that rejected in Glass v. Pfeffer,
Page 115 and 116: Prior Extrajudicial Source Bias The
Page 117 and 118: molthoff@stklaw.com ademarea@stklaw
Page 119 and 120: supplies. Similarly, the defendant
Page 121 and 122: JUDICIAL COUNCIL THE TENTH CIRCUIT
Page 123 and 124: the respondent ordered dismissal of
Page 125 and 126: Appearance Docket of the subject li
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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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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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