IN THE CIRCUIT COURT OF JACKSON COUNTY AT INDEPENDENCE, MISSOURI )
SAMUEL K. LIPARI (Assignee of Dissolved Medical Supply Chain, Inc.,
) )
Plaintiff,
v. NOVATION, LLC, et aI., Defendants.
) ) ) )
Case No. OS16-CV-04217
) ) ) )
DEFENDANT GHX LLC'S MOTION TO DISMISS PLAlNTIFF'S PETITION FOR FAlLURE TO STATE A CLAlM Pursuant to Missouri Rules of Civil Procedure Rule 55.27(a)(6), Defendant GHX, LLC ("GHX") moves this Court for an Order dismissing Plaintiffs
Petition because it fails to state a
claim upon which relief can be granted against GHX. Plaintiff has brought six separate causes of action against GHX (as well as all the other defendants), including Missouri Antitrust Statute (Counts I, II and III), tortious interference with business relations (Count IV), fraud (Count V) and prima facie tort (Count VI). In none of these counts does Plaintiff establish the presence of all the elements necessary for a valid claim.
In short, Plaintiffs
antitrust claims should be
dismissed because they are (1) time barred; (2) Plaintiff lacks standing to assert them; (3) Plaintiff is collaterally estopped from asserting the claims; (4) the claims are barred by the Noerr-Pennington
doctrine; (5) there is no concerted action alleged; and (6) Plaintiff fails to
sufficient allege monopoly power or the elements of an attempt to monopolize.
Plaintiffs
fraud
claim should be dismissed because he fails to plead the existence of misleading statement or omission (to the extent GHX had a duty to speak out) made by GHX to Plaintiff, or that Plaintiff relied on any statement by GHX.
Plaintiffs
tortious interference claim should be dismissed
because Plaintiff fails to plead that GHX knew or intentionally interfered with the contracts or business expectancies that the Plaintiff may have had and they are time barred. Plaintiff s prima facie tort claim should be dismissed because his allegations contract the basis for recovery under the theory of prima facie tort. For these reasons and those reasons more fully set forth in GHX's
Suggestions,
Defendant GHX requests that this Court dismiss Plaintiffs Petition.
~
Michael S. Hargens #51077 1200 Main Street, Suite 2300 Kansas City, MO 64105 Telephone: (816) 421-4800 Facsimile: (816) 421-0596
[email protected] [email protected] ATTORNEYS FOR DEFENDANT GHX, LLC
2
CERTIFICATE OF SERVICE The und;:r~ed forwarded this ~day
hereby certifies that a true and accurate copy of the foregoing was of June, 2008, by first class mail, postage prepaid to:
Samuel K. Lipari 297 NE Bayview Lee's Summit, MO 64064
3
