08-3187 Volume Appendix15.pdf - Medical Supply Chain

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The plaintiff has been or will be irreparably harmed by the bias and prejudice of Hon. Judge Waxse and Hon. Judge Murguia. Signature _____________________________ Date_____________ _________________________ Notary Subscribed and sworn before me on Date_______________________ My commission expires: Date_______________________ 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 S/ Samuel K. Lipari ____________________ Samuel K. Lipari 2 08-3187 Medical Supply Chain vs. Neoforma Volume XV 5669
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. ) MOTION FOR ORDER TO SHOW CAUSE Defendants, by and through counsel Shughart Thomson & Kilroy, P.C., move this Court for an Order requiring the plaintiff to show cause why this action should not be dismissed (or other sanctions levied) under Rule 37(b)(2)(A) for his failure to comply with the Court’s July 8, 2008 discovery Order. In support of this Motion, defendants state as follows: 1. On July 8, 2008, the Court ordered plaintiff, within 14 days of the Order, to serve supplemental responses to defendants’ First Interrogatories Nos. 1, 3, 5-14, 16, 17 and 21; and to produce all documents responsive to defendants’ First Request for Production. The Court also ordered the plaintiff, within 21 days of the Order, to show cause why he should not be required to pay the reasonable fees and expenses the defendants incurred for their Motion to Compel. See, Memorandum and Order, Doc. # 96. 2. On July 10, 2008, plaintiff filed an Objection to Magistrate’s Order, asking for District Court review of the July 8, 2008 Order. See, Doc. # 97. But the plaintiff did not seek to stay the Order under D. Kan. Rule 72.1.4(d). 3. Simply filing an Objection to Magistrate’s Order does not relieve a party’s obligation to comply with the order, absent an Order to Stay under D. Kan. Rule 72. See, Kelly 2360876.01 08-3187 Medical Supply Chain vs. Neoforma Volume XV 5670
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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 75 and 76: FILED United States Court of Appeal
Page 79 and 80: plaintiff sanctioned for not produc
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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
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Page 119 and 120: supplies. Similarly, the defendant
Page 121 and 122: JUDICIAL COUNCIL THE TENTH CIRCUIT
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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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08-3187 Volume Appendix15.pdf - Medical Supply Chain

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