UNITED STATES CIRCUIT COURT OF APPEALS FOR THE EIGHTH CIRCUIT ______________________________________________________________________
Docket No. 08−03115 (8th Cir.) Appeal from W.D. of Missouri Case No. 07-0849-CV-W-FJG W.D. of Missouri Case No. 06-0573-CV-W-FJG Jackson County Missouri 16th Circuit Court, Case No. 0616−cv−07421 ______________________________________________________________________
SAMUEL K. LIPARI (Individually and as Assignee of Dissolved Medical Supply Chain, Inc.) Appellant GENERAL ELECTRIC COMPANY, GENERAL ELECTRIC CAPITAL BUSINESS ASSET FUNDING CORPORATION, GE TRANSPORTATION SYSTEMS GLOBAL SIGNALING, LLC, JEFFREY R. IMMELT, SEYFARTH SHAW LLP, STUART FOSTER, HEARTLAND FINANCIAL GROUP, INC., CHRISTOPHER M. MCDANIEL, BRADLEY J. SCHLOZMAN Appellees ______________________________________________________________________ Appeal from the United States District Court for the Western District of Missouri Hon. Judge Fernando J. Gaitan, Jr. presiding ______________________________________________________________________
SUPPLEMENTAL APPENDIX OF THE APPELLANT VOLUME ONE ______________________________________________________________________
Brief Prepared by
Samuel K. Lipari 3520 NE Akin Blvd., #918 Lee's Summit, MO 64064 816-365-1306
[email protected] Pro se
Oral argument requested.
Volume One Supplemental Appendix I. Appearance Dockets 1. Lipari v. General Electric, et al W.D. of Missouri Case No. 070869 Hon. Judge Fernando J. Gaitan, Jr.
1
2. Lipari v. General Electric, et al 16th Cir. Court State of Missouri Case No. 0616-CV07421 00573 Hon. Judge Michael W. Manners
14
3. Lipari v. General Electric, et al W.D. of Missouri Case No. 0600573 Hon. Judge Fernando J. Gaitan, Jr.
24
4. In re Samuel Lipari, 8th Cir. Case no. 06-3546, Hon. Justice Roger L. Wollman,; Hon. Justice C. A. Beam,; Hon. Justice Steven M. Colloton.
29
5. Medical Supply Chain, Inc. v. Neoforma, Inc. et al. W.D. MO Court Case No. 05-0210, Hon. Ortrie D. Smith.
31
6. Medical Supply Chain, Inc. v. Neoforma et al. KS Dist. Court Case No. 05-2299, Hon. Judge Kathryn H. Vratil (Recused on 10/20/2005), Hon. Judge Carlos Murguia.
43
7. Medical Supply Chain v. Neoforma, et al 10th Cir Case No. 08-3187
63
8. Lipari v. US Bank NA, et al. W.D. MO Court Case No. 06-1012 Hon. Judge Fernando J. Gaitan, Jr.
71
9. Lipari v. US Bank NA, et al. KS Dist. Court Case No. Hon. Judge Carlos Murguia.
76
10. USA et al Cynthia Fitzgerald v. Novation LLC et al, N. Dist. of TX Case No. 03-01589, Hon. Judge David C Godbey.
114
11. USA ex rel. Michael W Lynch v. Seyfarth Shaw, et al W.D. MO Court Case No. 06-00316, Hon. Judge Scott O. Wright. i
136
12. Huffman v. Automatic Data Processing, Inc. et al, W.D. MO Court Case No. 05-01205 Hon. Judge Gary A. Fenner.
143
13. USA v. Sherwood W.D. MO Court Case No. 08-00225, Magistrate Judge Robert E. Larsen; Hon. Ortrie D. Smith.
163
14. USA v. Sherwood W.D. MO Court Case No. 08-00106 Magistrate Judge Robert E. Larsen; Hon. Ortrie D. Smith.
172
II. Petitions 15. Current Complaint Lipari v. General Electric, et al W.D. of Missouri Case No. 07-0869
177
16. Proposed Amended Complaint Lipari v. General Electric, et al W.D. of Missouri Case No. 07-0869
250
Exb. 1
256
Exb. 2
258 Volume Two Supplemental Appendix
17. Original State Law Complaint Lipari v. General Electric, et al 16th Cir. Court State of Missouri Case No. 0616-CV07421 filed 322-06
342
18. Original Federal Antitrust Complaint Medical Supply Chain, Inc. v. General Electric et al. KS. Dist. Ct. Case No. 03-2324
367
III. Writ of Mandamus Filings from In re Samuel Lipari, 8th Cir. Case no. 06-3546 19. Petition For Writ Of Mandamus
403
Writ Of Mandamus Exb 1
469 ii
Writ Of Mandamus Exb 2
470
Writ Of Mandamus Exb 3
475
Writ Of Mandamus Exb 4
477
Writ Of Mandamus Exb 5
482
Writ Of Mandamus Exb 6
498
Writ Of Mandamus Exb 7
503
Writ Of Mandamus Exb 8
528
Writ Of Mandamus Exb 9
529
Writ Of Mandamus Exb 10
530
Writ Of Mandamus Exb 11
533
Writ Of Mandamus Exb 12
545
Writ Of Mandamus Exb 13
549
Writ Of Mandamus Exb 14
553
Writ Of Mandamus Exb 15
581
Writ Of Mandamus Exb 16
584
Writ Of Mandamus Exb 17
596
Volume Three Supplemental Appendix Writ Of Mandamus Exb 18
712
Writ Of Mandamus Exb 19
847
Writ Of Mandamus Exb 20
868
Writ Of Mandamus Exb 21
873
Writ Of Mandamus Exb 23
877
Writ Of Mandamus Exb 24
878 iii
Writ Of Mandamus Exb 25
879
Writ Of Mandamus Exb 26
893
Writ Of Mandamus Exb 27
896
Writ Of Mandamus Exb 28
939
Writ Of Mandamus Exb 29
950
Writ Of Mandamus Exb 30
954
Writ Of Mandamus Exb 31
955
Writ Of Mandamus Exb 32
957
Writ Of Mandamus Exb 33
959
Writ Of Mandamus Exb 34
964
Writ Of Mandamus Exb 35
966
20. Lipari Petition For Writ of Mandamus New Trial
968
Lipari Petition For Writ of Mandamus New Trial Exb. 1
1034
Lipari Petition For Writ of Mandamus New Trial Exb. 2
1035
IV. Recusal Filings in Lipari v. General Electric, et al W.D. of Missouri Case No. 06-0573-CV-W-FJG 21. Lipari Motion For Recusal
1047
Lipari Motion For Recusal Exb. 1
1052
Lipari Motion For Recusal Exb. 2
1053
22. GE Opposition To Lipari Recusal Motion
1065
23. Lipari Reply To GE Opposition To Recusal Motion
1071
24. Order Granting Motion To Remand
1091
iv
CM/ECF Western District of Missouri
12/2/08 8:48 AM
APPEAL, CLOSED, EAPJ
U.S. District Court United States District Court for the Western District of Missouri (Kansas City) CIVIL DOCKET FOR CASE #: 4:07-cv-00849-FJG Lipari v. General Electric Company et al Assigned to: Chief District Judge Fernando J. Gaitan, Jr Demand: $450,000,000 Case in other court: 8th Circuit Court of Appeals, 08-03115 Jackson County Circuit Court, 0616-cv07421 Cause: 18:1962 Racketeering (RICO) Act
Date Filed: 11/09/2007 Date Terminated: 07/30/2008 Jury Demand: Both Nature of Suit: 470 Racketeer/Corrupt Organization Jurisdiction: Federal Question
Plaintiff Samuel Lipari as Assignee of Dissolved Medical Supply Chain, Inc.
represented by Samuel Lipari 3520 NE Akin Boulevard, Suite 918 Lee's Summit, MO 64064 PRO SE
V. Defendant General Electric Company
represented by John K. Power Husch Blackwell Sanders LLP 1200 Main Street Suite 2300 Kansas City , MO 64105 (816)283-4651 Fax: (816)421-0596 Email:
[email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Leonard L. Wagner Kansas City Southern P.O. Box 219335 Kansas City , MO 64121-9335 (816) 983-1385 Email:
[email protected] TERMINATED: 01/22/2008 LEAD ATTORNEY
https://ecf.mowd.uscourts.gov/cgi-bin/DktRpt.pl?826288535406272-L_801_0-1
Page 1 of 13
1
Supp. Apdx. 1
CM/ECF Western District of Missouri
12/2/08 8:48 AM
ATTORNEY TO BE NOTICED Michael S. Hargens Husch Blackwell Sanders LLP 1200 Main Street Suite 2300 Kansas City , MO 64105-2122 (816) 421-4800 Fax: (816) 421-0596 Email:
[email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Defendant General Electric Capital Business Asset Funding Corporation
represented by John K. Power (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Leonard L. Wagner (See above for address) TERMINATED: 01/22/2008 LEAD ATTORNEY ATTORNEY TO BE NOTICED Michael S. Hargens (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Defendant GE Transporation Systems Global Signaling, LLC
represented by John K. Power (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Leonard L. Wagner (See above for address) TERMINATED: 01/22/2008 LEAD ATTORNEY ATTORNEY TO BE NOTICED Michael S. Hargens (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
https://ecf.mowd.uscourts.gov/cgi-bin/DktRpt.pl?826288535406272-L_801_0-1
Page 2 of 13
2
CM/ECF Western District of Missouri
12/2/08 8:48 AM
Defendant Carpet n'More TERMINATED: 12/07/2007 Defendant Stewart Foster
represented by Michael S. Hargens (See above for address) ATTORNEY TO BE NOTICED
Defendant Jeffrey R. Immelt
represented by Michael S. Hargens (See above for address) ATTORNEY TO BE NOTICED
Defendant Seyfarth Shaw LLP
represented by J. Nick Badgerow Spencer Fane Britt & Browne, LLP 9401 Indian Creek Parkway Suite 700 Overland Park , KS 66210 (913)327-5134 Fax: (913)345-0736 Email:
[email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED
Defendant Heartland Financial Group, Inc.
represented by Michael S. Hargens (See above for address)
Defendant Christopher M. McDaniel
represented by Michael S. Hargens (See above for address) ATTORNEY TO BE NOTICED
Defendant Bradley J. Schlozman
represented by Jeffrey P. Ray Office of the United States Attorney 400 E. 9th St. Room 5510 Kansas City , MO 64106 (816) 426-3130 Fax: (816) 426-3165 Email:
[email protected] LEAD ATTORNEY
https://ecf.mowd.uscourts.gov/cgi-bin/DktRpt.pl?826288535406272-L_801_0-1
Page 3 of 13
3
CM/ECF Western District of Missouri
12/2/08 8:48 AM
ATTORNEY TO BE NOTICED Date Filed
#
11/09/2007
1 NOTICE OF REMOVAL by General Electric Capital Business Asset Funding Corporation, GE Transporation Systems Global Signaling, LLC, General Electric Company from Circuit Court of Jackson County, Missouri, case number 0616cv07421. ( Filing fee $ 350 receipt number 1644289) filed by John K. Power on behalf of General Electric Capital Business Asset Funding Corporation, GE Transporation Systems Global Signaling, LLC, General Electric Company. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G# 8 Exhibit H# 9 Civil Cover Sheet)(Power, John) (Entered: 11/09/2007)
11/13/2007
2 Notice of EAPJ-Magistrate Judge John T. Maughmer (Attachments: # 1 EAP General Order)(Kee, Georgia) (Entered: 11/13/2007)
11/19/2007
3 MOTION for order Establishing a Schedule for Plaintiff to File His Amended Complaint, and Extending the Time for the GE Defendants' Response to Any Such Amended Complaint filed by Michael S. Hargens on behalf of General Electric Capital Business Asset Funding Corporation, GE Transporation Systems Global Signaling, LLC, General Electric Company. Suggestions in opposition/response due by 12/6/2007 unless otherwise directed by the court. (Attachments: # 1 Exhibit A# 2 Exhibit B)(Hargens, Michael) (Entered: 11/19/2007)
11/26/2007
4 ORDER granting in part and denying in part 3 defendants' motion for an order establishing a schedule for plaintiff to file amended complaint and extending time for GE defendants' response to any such amended complaint. Plaintiff ordered to file amended complaint or response to defendant's notice of removal on or before 12/7/07. The Court will provisionally deny defendants' motion for an extension of time and instead will defer ruling until after plaintiff has respond to current order. Signed by Judge Fernando J. Gaitan Jr. on 11/26/07. (Enss, Rhonda) Modified on 11/26/2007 to reflect Order was sent to plaintiff via regular and certified mail (7002 2410 0001 5861 7048)(Carr, Lori). (Entered: 11/26/2007)
12/04/2007
5 GREEN CARD showing return of service. Samuel Lipari served on 11/29/07. (Related document(s) 4 ) (Carr, Lori) (Entered: 12/04/2007)
12/07/2007
6 AMENDED COMPLAINT against all defendants on behalf of Samuel Lipari.(Carr, Lori) Modified on 12/12/2007 to reflect plaintiff provided the clerk's office with one electronic compact disk (which is a copy of this filing) and the disk is being maintained in the file (Carr, Lori). (Entered: 12/10/2007)
12/07/2007
7 DOCUMENT DELETED: AMENDED COMPLAINT against all defendants on behalf of Samuel Lipari.(Carr, Lori) Modified on 12/11/2007. Document deleted as it is duplicative of document no. 6 and was filed in error. (Carr, Lori). (Entered: 12/10/2007)
12/11/2007
Docket Text
NOTICE OF DOCKET MODIFICATION. A modification has been made to the document filed on 12/7/07 as Document No. 7, AMENDED complaint. The document
https://ecf.mowd.uscourts.gov/cgi-bin/DktRpt.pl?826288535406272-L_801_0-1
Page 4 of 13
4
CM/ECF Western District of Missouri
12/2/08 8:48 AM
has been deleted as it is duplicative of document no. 6 and was filed in error. This is a text entry only - no document is attached. (Carr, Lori) (Entered: 12/11/2007) 12/20/2007
8 DISCLOSURE OF CORPORATE INTERESTS filed by Leonard Lyle Wagner on behalf of Defendants General Electric Capital Business Asset Funding Corporation, GE Transporation Systems Global Signaling, LLC, General Electric Company.(Wagner, Leonard) (Entered: 12/20/2007)
12/20/2007
9 MOTION for extension of time to file answer to Amended Complaint filed by Leonard Lyle Wagner on behalf of General Electric Capital Business Asset Funding Corporation, GE Transporation Systems Global Signaling, LLC, General Electric Company. Suggestions in opposition/response due by 1/7/2008 unless otherwise directed by the court. (Wagner, Leonard) (Entered: 12/20/2007)
01/03/2008
10 MOTION to withdraw as attorney Leonard L. Wagner filed by John K. Power on behalf of General Electric Capital Business Asset Funding Corporation, GE Transporation Systems Global Signaling, LLC, General Electric Company. Suggestions in opposition/response due by 1/18/2008 unless otherwise directed by the court. (Power, John) (Entered: 01/03/2008)
01/09/2008
SUMMONS ISSUED as to Stewart Foster. (Beard, Melanie) (Entered: 01/09/2008)
01/09/2008
SUMMONS ISSUED as to Jeffrey R. Immelt, Seyfarth Shaw LLP, Heartland Financial Group, Inc., Christopher M. McDaniel, Bradley J. Schlozman. (Francis, Alexandra) (Entered: 01/09/2008)
01/18/2008
11 MOTION to dismiss case GE Defendants' Motion to Dismiss Plaintiff's Amended Complaint filed by Michael S. Hargens on behalf of General Electric Capital Business Asset Funding Corporation, GE Transporation Systems Global Signaling, LLC, General Electric Company. Suggestions in opposition/response due by 2/4/2008 unless otherwise directed by the court. (Hargens, Michael) (Entered: 01/18/2008)
01/18/2008
12 SUGGESTIONS in support re 11 MOTION to dismiss case GE Defendants' Motion to Dismiss Plaintiff's Amended Complaint Memorandum of Law in Support of GE Defendants' Motion to Dismiss Plaintiff's Amended Complaint filed by Michael S. Hargens on behalf of Defendants General Electric Capital Business Asset Funding Corporation, GE Transporation Systems Global Signaling, LLC, General Electric Company. (Related document(s) 11 ) (Hargens, Michael) (Entered: 01/18/2008)
01/22/2008
13 ORDER granting 9 GE defendants' Motion for Extension of Time until 1/31/08 to Answer plaintiff's amended complaint; and granting 10 defendants' motion to withdraw - Attorney Leonard L. Wagner terminated as counsel for GE defendants. Signed by Chief District Judge Fernando J. Gaitan, Jr on 1/22/08. (Enss, Rhonda) (Entered: 01/22/2008)
01/24/2008
14 NOTICE of filing by Jeffrey R. Immelt re 1 Notice of Removal,, Consent to Removal (Power, John) (Entered: 01/24/2008)
02/11/2008
15 NOTICE of appearance by J. Nick Badgerow on behalf of Seyfarth Shaw LLP (Badgerow, J.) (Entered: 02/11/2008)
https://ecf.mowd.uscourts.gov/cgi-bin/DktRpt.pl?826288535406272-L_801_0-1
Page 5 of 13
5
CM/ECF Western District of Missouri
12/2/08 8:48 AM
02/11/2008
16 MOTION to dismiss party filed by J. Nick Badgerow on behalf of Seyfarth Shaw LLP. Suggestions in opposition/response due by 2/26/2008 unless otherwise directed by the court. (Badgerow, J.) (Entered: 02/11/2008)
02/11/2008
17 NOTICE of filing by Seyfarth Shaw LLP re 1 Notice of Removal,, Consent to Removal (Badgerow, J.) (Entered: 02/11/2008)
02/11/2008
18 Pro se MOTION for extension of time to file response/reply as to 16 MOTION to dismiss party filed by Samuel Lipari. Suggestions in opposition/response due by 2/26/2008 unless otherwise directed by the court. (Related document(s) 16 ) (Baldwin, Joella) (Entered: 02/11/2008)
02/12/2008
19 MOTION to dismiss case Defendant Jeffrey Immelt's Motion to Dismiss Plaintiff's Amended Complaint filed by Michael S. Hargens on behalf of Jeffrey R. Immelt. Suggestions in opposition/response due by 2/27/2008 unless otherwise directed by the court. (Hargens, Michael) (Entered: 02/12/2008)
02/12/2008
20 SUGGESTIONS in support re 19 MOTION to dismiss case Defendant Jeffrey Immelt's Motion to Dismiss Plaintiff's Amended Complaint Memorandum of Law in Support filed by Michael S. Hargens on behalf of Defendant Jeffrey R. Immelt. (Related document(s) 19 ) (Hargens, Michael) (Entered: 02/12/2008)
02/13/2008
21 Pro se MOTION for extension of time to file response/reply as to 19 MOTION to dismiss case Defendant Jeffrey Immelt's Motion to Dismiss Plaintiff's Amended Complaint filed by Samuel Lipari. Suggestions in opposition/response due by 2/28/2008 unless otherwise directed by the court. (Related document(s) 19 ) (Baldwin, Joella) (Entered: 02/14/2008)
02/13/2008
22 RETURN OF SERVICE of complaint executed by Samuel Lipari. Jeffrey R. Immelt served on 1/17/2008, answer due 2/6/2008. (Baldwin, Joella) (Entered: 02/14/2008)
02/13/2008
23 RETURN OF SERVICE of complaint executed by Samuel Lipari. Stewart Foster served on 2/11/2008, answer due 3/3/2008. (Baldwin, Joella) (Entered: 02/14/2008)
02/13/2008
24 RETURN OF SERVICE of complaint executed by Samuel Lipari. Heartland Financial Group, Inc. served on 1/31/2008, answer due 2/20/2008. (Baldwin, Joella) (Entered: 02/14/2008)
02/13/2008
25 RETURN OF SERVICE of complaint executed by Samuel Lipari. Christopher M. McDaniel served on 1/31/2008, answer due 2/20/2008. (Baldwin, Joella) (Entered: 02/14/2008)
02/13/2008
26 RETURN OF SERVICE of complaint executed by Samuel Lipari. Seyfarth Shaw LLP served on 2/11/2008, answer due 3/3/2008. (Baldwin, Joella) (Entered: 02/14/2008)
02/18/2008
27 MOTION for extension of time to file answer re 6 Amended Complaint, Defendants Heartland Financial Group, Inc. and Christopher McDaniel's Motion for Extension of Time to Respond to Plaintiff's Amended Complaint filed by Michael S. Hargens on behalf of Heartland Financial Group, Inc., Christopher M. McDaniel. Suggestions in opposition/response due by 3/4/2008 unless otherwise directed by the court. (Related document(s) 6 ) (Hargens, Michael) (Entered: 02/18/2008)
https://ecf.mowd.uscourts.gov/cgi-bin/DktRpt.pl?826288535406272-L_801_0-1
Page 6 of 13
6
CM/ECF Western District of Missouri
12/2/08 8:48 AM
02/18/2008
28 NOTICE of filing by Stewart Foster, Heartland Financial Group, Inc., Christopher M. McDaniel re 1 Notice of Removal,, Consent to Removal (Hargens, Michael) (Entered: 02/18/2008)
02/19/2008
29 DISCLOSURE OF CORPORATE INTERESTS Defendant Heartland Financial Group, Inc.'s Disclosure of Corporate Interests byHeartland Financial Group, Inc. filed by Michael S. Hargens on behalf of Defendant Heartland Financial Group, Inc..(Hargens, Michael) (Entered: 02/19/2008)
02/20/2008
30 Pro se MOTION for order - Rule 4(c)(3) Motion for Service by US Marshal filed by Samuel Lipari. Suggestions in opposition/response due by 3/6/2008 unless otherwise directed by the court. (Attachments: # 1 Exhibit)(Baldwin, Joella) (Entered: 02/20/2008)
02/22/2008
31 Verified DISCLOSURE OF CORPORATE INTERESTS bySeyfarth Shaw LLP filed by J. Nick Badgerow on behalf of Defendant Seyfarth Shaw LLP.(Badgerow, J.) (Entered: 02/22/2008)
02/27/2008
32 MOTION to dismiss case Defendants Heartland Financial Group, Inc., Christopher McDaniel, and Stuart Foster's Motion to Dismiss Plaintiff's Amended Complaint filed by Michael S. Hargens on behalf of Stewart Foster, Heartland Financial Group, Inc., Christopher M. McDaniel. Suggestions in opposition/response due by 3/13/2008 unless otherwise directed by the court. (Hargens, Michael) (Entered: 02/27/2008)
02/27/2008
33 SUGGESTIONS in support re 32 MOTION to dismiss case Defendants Heartland Financial Group, Inc., Christopher McDaniel, and Stuart Foster's Motion to Dismiss Plaintiff's Amended Complaint Memorandum of Law in Support filed by Michael S. Hargens on behalf of Defendants Stewart Foster, Heartland Financial Group, Inc., Christopher M. McDaniel. (Attachments: # 1 Exhibit 1)(Related document(s) 32 ) (Hargens, Michael) (Entered: 02/27/2008)
02/28/2008
34 SUGGESTIONS in opposition re 21 MOTION for extension of time to file response/reply as to 19 MOTION to dismiss case Defendant Jeffrey Immelt's Motion to Dismiss Plaintiff's Amended Complaint MOTION for extension of time to file response/reply as to 19 MOTION to dismiss case Defendant Jeffrey Immelt's Motion to Dismiss Plaintiff's Amended Complaint filed by Michael S. Hargens on behalf of Defendants General Electric Capital Business Asset Funding Corporation, GE Transporation Systems Global Signaling, LLC, Stewart Foster, Heartland Financial Group, Inc., Christopher M. McDaniel, General Electric Company. Reply suggestions due by 3/14/2008 unless otherwise directed by the court (Related document(s) 21 ) (Hargens, Michael) (Entered: 02/28/2008)
03/03/2008
35 Third MOTION for extension of time to file response/reply filed by Samuel Lipari. Suggestions in opposition/response due by 3/18/2008 unless otherwise directed by the court. (Related document(s) 16 , 27 , 11 , 32 , 19 ) (Carr, Lori) (Entered: 03/03/2008)
03/06/2008
36 SUGGESTIONS in opposition re 35 MOTION for extension of time to file response/reply as to 16 MOTION to dismiss party, 27 MOTION for extension of time to file answer re 6 Amended Complaint, Defendants Heartland Financial Group, Inc. and Christopher McDaniel's Motion for Defendants' Opposition to Plaintiff's Third
https://ecf.mowd.uscourts.gov/cgi-bin/DktRpt.pl?826288535406272-L_801_0-1
Page 7 of 13
7
CM/ECF Western District of Missouri
12/2/08 8:48 AM
Motion for Extension of Time filed by Michael S. Hargens on behalf of Defendants General Electric Capital Business Asset Funding Corporation, GE Transporation Systems Global Signaling, LLC, Stewart Foster, Heartland Financial Group, Inc., Christopher M. McDaniel, General Electric Company. Reply suggestions due by 3/21/2008 unless otherwise directed by the court (Related document(s) 35 ) (Hargens, Michael) (Entered: 03/06/2008) 03/11/2008
37 NOTICE of filing by General Electric Capital Business Asset Funding Corporation, GE Transporation Systems Global Signaling, LLC, Stewart Foster, Heartland Financial Group, Inc., Christopher M. McDaniel, General Electric Company Notice of change of Firm Name and Email Address (Hargens, Michael) (Entered: 03/11/2008)
03/11/2008
38 NOTICE of change of address by Michael S. Hargens (Carr, Lori) (Entered: 03/12/2008)
03/12/2008
NOTICE OF DOCKET MODIFICATION. A modification has been made to the document filed on 3/11/08 as Document No. 37, NOTICE of filing by General Electric Capital Business Asset Funding Corporation, GE Transporation Systems Global Signaling, LLC, Stewart Foster, Heartland Financial Group, Inc., Christopher M. McDaniel, General Electric Company Notice of change of Firm Name and Email Address. The document has been deleted as the incorrect event was used. The document will be refiled using the correct event to ensure proper notification to the clerk's office. This is a text entry only - no document is attached. (Carr, Lori) (Entered: 03/12/2008)
04/04/2008
39 RETURN OF SERVICE of complaint executed by Samuel Lipari. Bradley J. Schlozman served on 1/28/2008, answer due 2/19/2008. (Carr, Lori) (Entered: 04/04/2008)
04/04/2008
40 MOTION for leave to file filed by Samuel Lipari. Suggestions in opposition/response due by 4/21/2008 unless otherwise directed by the court. (Attachments: # 1 Suggestions in Opposition)(Carr, Lori) (Entered: 04/04/2008)
04/07/2008
41 ORDER granting 18 , 21 , & 35 plaintiff's motions for extension of time to file response to 11 , 16 , 19 & 32 defendants' MOTIONs to dismiss; and granting in part 40 plaintiff's motion for leave to file. Plaintiff may file one consolidated response to the defendants Motions to Dismiss, however, to the extent that the defendants have raised separate issues in their Motions to Dismiss, then plaintiff must specifically respond to these issues in his Suggestions in Opposition. Plaintiffs Consolidated Response to the Motions to Dismiss is hereby due on or before April 14, 2008. Plaintiff may file Consolidated Suggestions in Opposition, however the Suggestions in Opposition shall not exceed a total of thirty-five (35) pages. Signed by Chief District Judge Fernando J. Gaitan, Jr on 4/7/08. (Enss, Rhonda) (Entered: 04/07/2008)
04/14/2008
42 SUGGESTIONS in opposition re 32 MOTION to dismiss case Defendants Heartland Financial Group, Inc., Christopher McDaniel, and Stuart Foster's Motion to Dismiss Plaintiff's Amended Complaint, 19 MOTION to dismiss case Defendant Jeffrey Immelt's Motion to Dismiss Plaintiff's Amended Complaint, 11 MOTION to dismiss case, 16 MOTION to dismiss party on behalf of Plaintiff Samuel Lipari. Reply suggestions due by 4/29/2008 unless otherwise directed by the court (Attachments: #
https://ecf.mowd.uscourts.gov/cgi-bin/DktRpt.pl?826288535406272-L_801_0-1
Page 8 of 13
8
CM/ECF Western District of Missouri
12/2/08 8:48 AM
Notice of Exhibit Attachment 1 - 14)(Related document(s) 32 , 19 , 11 , 16 ) (Baldwin, Joella) (Additional attachment(s) added on 4/15/2008: # 2 Notice of Exhibit Attachment) (Baldwin, Joella). Modified on 4/22/2008 to indicate additional related documents 11 and 16. (Baldwin, Joella). (Entered: 04/15/2008) 04/21/2008
43 REPLY SUGGESTIONS to motion re 16 MOTION to dismiss party filed by J. Nick Badgerow on behalf of Defendant Seyfarth Shaw LLP. (Related document(s) 16 ) (Badgerow, J.) (Entered: 04/21/2008)
04/25/2008
44 MOTION for extension of time to file answer re 6 Amended Complaint, filed by Jeffrey P. Ray on behalf of Bradley J. Schlozman. Suggestions in opposition/response due by 5/12/2008 unless otherwise directed by the court. (Related document(s) 6 ) (Ray, Jeffrey) (Entered: 04/25/2008)
04/29/2008
45 MOTION for leave to file Moving Defendants' Motion for Leave to File Reply Brief in Excess of Local Rule Page Limitation filed by Michael S. Hargens on behalf of General Electric Capital Business Asset Funding Corporation, GE Transporation Systems Global Signaling, LLC, Stewart Foster, Heartland Financial Group, Inc., Christopher M. McDaniel, General Electric Company. Suggestions in opposition/response due by 5/14/2008 unless otherwise directed by the court. (Attachments: # 1 Exhibit 1)(Hargens, Michael) (Entered: 04/29/2008)
04/29/2008
46 MOTION to join Defendant Jeffrey Immelt's Joinder in Moving Defendants' Motion for Leave to File Reply Brief in Excess of Local Rule Page Limitation (Doc. 45) filed by Michael S. Hargens on behalf of Jeffrey R. Immelt. Suggestions in opposition/response due by 5/14/2008 unless otherwise directed by the court. (Hargens, Michael) (Entered: 04/29/2008)
04/30/2008
47 Pro Se Suggestion in opposition to intervention of US Attorney General Michael B. Mukasey as counsel for Bradley J. Schlozman and Request for order to show cause filed by Samuel Lipari. Suggestions in opposition/response due by 5/15/2008 unless otherwise directed by the court. (Attachments: # 1 Exhibit 1)(Baldwin, Joella) Modified on 5/15/2008 to reflect this document is terminated as a pending motion (also see #50)(Enss, Rhonda). (Entered: 04/30/2008)
04/30/2008
48 REPLY SUGGESTIONS to motion re 44 MOTION for extension of time to file answer re 6 Amended Complaint, MOTION for extension of time to file answer re 6 Amended Complaint, filed by Jeffrey P. Ray on behalf of Defendant Bradley J. Schlozman. (Related document(s) 44 ) (Ray, Jeffrey) (Entered: 04/30/2008)
05/01/2008
49 Pro se MOTION to amend Petition 6 Amended Complaint, filed by Samuel Lipari. Suggestions in opposition/response due by 5/16/2008 unless otherwise directed by the court. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2 - Proposed Amended Complaint)(Related document(s) 6 ) (Baldwin, Joella) (Entered: 05/02/2008)
05/14/2008
50 ORDER granting 44 defendant Schlozman's Motion for Extension of Time to Answer - Bradley J. Schlozman answer due 6/24/2008. Signed by Chief District Judge Fernando J. Gaitan, Jr. on 5/14/08. (Enss, Rhonda) (Entered: 05/14/2008)
05/16/2008
51 MOTION to stay re 49 MOTION to amend/correct 6 Amended Complaint, MOTION to amend/correct 6 Amended Complaint, filed by Michael S. Hargens on behalf of
https://ecf.mowd.uscourts.gov/cgi-bin/DktRpt.pl?826288535406272-L_801_0-1
Page 9 of 13
9
CM/ECF Western District of Missouri
12/2/08 8:48 AM
General Electric Capital Business Asset Funding Corporation, GE Transporation Systems Global Signaling, LLC, Stewart Foster, Jeffrey R. Immelt, Christopher M. McDaniel, General Electric Company. Suggestions in opposition/response due by 6/2/2008 unless otherwise directed by the court. (Related document(s) 49 ) (Hargens, Michael) (Entered: 05/16/2008) 05/16/2008
52 NOTICE of filing by Seyfarth Shaw LLP Notice of Separate Defendant's Joinder in Motion to Stay Briefing and Ruling on Plaintiff's First Motion for Leave to Amend (Badgerow, J.) (Entered: 05/16/2008)
06/12/2008
53 PRO SE SUGGESTIONS in opposition re 51 MOTION to stay re 49 MOTION to amend/correct 6 Amended Complaint on behalf of Plaintiff Samuel Lipari. Reply suggestions due by 6/27/2008 unless otherwise directed by the court (Related document(s) 51 ) (Baldwin, Joella) (Entered: 06/12/2008)
06/12/2008
54 PRO SE NOTICE of Unavailability of the Plaintiff by Samuel Lipari (Baldwin, Joella) (Entered: 06/12/2008)
06/23/2008
55 MOTION for extension of time to file answer filed by Jeffrey P. Ray on behalf of Bradley J. Schlozman. Suggestions in opposition/response due by 7/8/2008 unless otherwise directed by the court. (Ray, Jeffrey) (Entered: 06/23/2008)
07/08/2008
56 MOTION to dismiss party filed by Jeffrey P. Ray on behalf of Bradley J. Schlozman. Suggestions in opposition/response due by 7/23/2008 unless otherwise directed by the court. (Ray, Jeffrey) (Entered: 07/08/2008)
07/08/2008
57 SUGGESTIONS in opposition re 57 MOTION for extension of time to file answer on behalf of Plaintiff Samuel Lipari. Reply suggestions due by 7/23/2008 unless otherwise directed by the court (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(Related document(s) 56 ) (Carr, Lori) Modified docket text on 7/10/2008 to correctly identify the motion plaintiff was opposing (Carr, Lori). (Entered: 07/09/2008)
07/22/2008
58 SUGGESTIONS in opposition re 56 MOTION to dismiss party on behalf of Plaintiff Samuel Lipari. Reply suggestions due by 8/6/2008 unless otherwise directed by the court (Attachments: # 1 Notice of Exhibit Attachment)(Related document(s) 56 ) (Carr, Lori) (Entered: 07/22/2008)
07/30/2008
59 ORDER - the Court GRANTS GE's Motion to Dismiss 11 , Seyfarth Shaw's Motion to Dismiss 16 ; Jeffrey Immelt's Motion to Dismiss 19 ; Heartland Financial Group, Inc., Christopher McDaniel and Stuart Foster's Motion to Dismiss 32 and Bradley Schlozman's Motion to Dismiss 56 . The Court GRANTS the Moving Defendants' Motion for Leave to File Reply Brief in Excess of Local Rule Page Limitation 45 ; GRANTS Jeffrey Immelt's Motion to Join the Moving Defendants' Motion for Leave to File Reply Brief in Excess of Local Rule Page Limitation 46 . The Court DENIES as MOOT Heartland Financial Group, Inc. and Christopher McDaniel's Motion for Extension of Time to File Answer to Amended Complaint 27 ; DENIES plaintiff's Motion for Service by U.S. Marshal 30 ; DENIES plaintiff's Motion to Amend his Complaint 49 ; DENIES as MOOT defendants' Motion to Stay Briefing 51 and DENIES AS MOOT defendant Schlozman's Motion for Extension of Time to File
https://ecf.mowd.uscourts.gov/cgi-bin/DktRpt.pl?826288535406272-L_801_0-1
Page 10 of 13
10
CM/ECF Western District of Missouri
12/2/08 8:48 AM
Answer 55 . Signed by Chief District Judge Fernando J. Gaitan, Jr. on 7/30/08. (Enss, Rhonda) (Entered: 07/30/2008) 07/30/2008
60 CLERK'S JUDGMENT (Enss, Rhonda). (Entered: 07/30/2008)
08/04/2008
61 MOTION to alter judgment filed by Samuel Lipari. Suggestions in opposition/response due by 8/19/2008 unless otherwise directed by the court. (Attachments: # 1 Notice of Exhibit Attachment)(Carr, Lori) (Entered: 08/05/2008)
08/05/2008
62 SUGGESTIONS in opposition re 61 MOTION to alter judgment filed by Jeffrey P. Ray on behalf of Defendant Bradley J. Schlozman. Reply suggestions due by 8/20/2008 unless otherwise directed by the court (Related document(s) 61 ) (Ray, Jeffrey) (Entered: 08/05/2008)
08/08/2008
63 SUGGESTIONS in opposition re 61 MOTION to alter judgment filed by J. Nick Badgerow on behalf of Defendant Seyfarth Shaw LLP. Reply suggestions due by 8/25/2008 unless otherwise directed by the court (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Related document(s) 61 ) (Badgerow, J.) (Entered: 08/08/2008)
08/11/2008
64 REPLY SUGGESTIONS to motion re 61 MOTION to alter judgment on behalf of Plaintiff Samuel Lipari. (Attachments: # 1 Notice of Exhibit Attachment)(Related document(s) 61 ) (Carr, Lori) (Entered: 08/12/2008)
08/13/2008
65 REPLY SUGGESTIONS to defendant Seyfarth Shaw LLP's opposition re 61 MOTION to alter judgment on behalf of Plaintiff Samuel Lipari. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9)(Related document(s) 61 ) (Carr, Lori) (Entered: 08/13/2008)
08/19/2008
66 SUGGESTIONS in opposition re 61 MOTION to alter judgment Defendants' Opposition to Plaintiff's Rule 59(e) Motion to Alter or Amend the Judgment filed by Michael S. Hargens on behalf of Defendants General Electric Capital Business Asset Funding Corporation, GE Transporation Systems Global Signaling, LLC, Stewart Foster, Jeffrey R. Immelt, Heartland Financial Group, Inc., Christopher M. McDaniel, General Electric Company. Reply suggestions due by 9/3/2008 unless otherwise directed by the court (Related document(s) 61 ) (Hargens, Michael) (Entered: 08/19/2008)
08/25/2008
67 REPLY SUGGESTIONS to motion re 61 MOTION to alter judgment on behalf of Plaintiff Samuel Lipari. (Related document(s) 61 ) (Carr, Lori) (Entered: 08/25/2008)
09/02/2008
68 MOTION for order to Disqualify Attorney General Michael B. Mukasey and the USDOJ from Representing Bradley J. Schlozman filed by Samuel Lipari. Suggestions in opposition/response due by 9/17/2008 unless otherwise directed by the court. (Carr, Lori) (Entered: 09/03/2008)
09/12/2008
69 MOTION to withdraw any and all ex parte orders filed by Samuel Lipari. Suggestions in opposition/response due by 9/29/2008 unless otherwise directed by the court. (Carr, Lori) (Entered: 09/15/2008)
https://ecf.mowd.uscourts.gov/cgi-bin/DktRpt.pl?826288535406272-L_801_0-1
Page 11 of 13
11
CM/ECF Western District of Missouri
09/12/2008
12/2/08 8:48 AM
70 NOTICE OF APPEAL as to 59 Order on Motion for Extension of Time to Answer, Order on Motion for Miscellaneous Relief, Order on Motion to Dismiss Case, Order on Motion for Leave to File, Order on Motion to Join, Order on Motion to Amend/Correct, Order on Motion to Stay,, Order on Motion to Dismiss Party by Samuel Lipari. Filing fee $ 455, receipt number NOT PAID. (Carr, Lori) Modified on 9/15/2008 (Carr, Lori). (Entered: 09/15/2008)
09/15/2008
NOTICE OF DOCKET MODIFICATION. A modification has been made to the document filed on 9/12/08 as Document No. 70, NOTICE OF INTERLOCUTORY APPEAL. Modified docket text to correct event and remove text interlocutory text. (Related Document 70 ) This is a text entry only - no document is attached. (Carr, Lori) (Entered: 09/15/2008)
09/16/2008
71 TRANSMISSION of Notice of Appeal Supplement to US Court of Appeals, 8th Circuit via electronic mail. Related document 70 Notice of Appeal. Mailed this date to Movant a copy of the docket sheet and NOA. (Crespo, Wil) (Entered: 09/16/2008)
09/16/2008
72 USCA Case Number from 8th Circuit Court of Appeals is 08-3115 for 70 Notice of Interlocutory Appeal, filed by Samuel Lipari. No briefing schedule entered by the Court of Appeals. (Crespo, Wil) (Entered: 09/16/2008)
09/23/2008
RECEIPT number 270986 in the amount of $455.00 (appeal filing fee) issued to Samuel Lipari. (Carr, Lori) (Entered: 09/23/2008)
10/16/2008
73 NOTICE of change of address by Samuel Lipari (Carr, Lori) (Entered: 10/17/2008)
10/16/2008
74 MOTION for hearing re 68 MOTION for order to Disqualify Attorney General Michael B. Mukasey and the USDOJ from Representing Bradley J. Schlozman, 69 MOTION to withdraw document, 61 MOTION to alter judgment filed by Samuel Lipari. Suggestions in opposition/response due by 10/31/2008 unless otherwise directed by the court. (Related document(s) 68 , 69 , 61 ) (Carr, Lori) (Entered: 10/17/2008)
10/31/2008
75 SUGGESTIONS in opposition re 74 MOTION for hearing re 68 MOTION for order to Disqualify Attorney General Michael B. Mukasey and the USDOJ from Representing Bradley J. Schlozman, 69 MOTION to withdraw document, 61 MOTION to alter judgment MOTION for hearing re 68 MOTION for order to Disqualify Attorney General Michael B. Mukasey and the USDOJ from Representing Bradley J. Schlozman, 69 MOTION to withdraw document, 61 MOTION to alter judgment filed by Michael S. Hargens on behalf of Defendants General Electric Capital Business Asset Funding Corporation, GE Transporation Systems Global Signaling, LLC, Stewart Foster, Jeffrey R. Immelt, Heartland Financial Group, Inc., Christopher M. McDaniel, General Electric Company. Reply suggestions due by 11/17/2008 unless otherwise directed by the court (Hargens, Michael) (Entered: 10/31/2008)
10/31/2008
76 ORDER - DENIES plaintiff's Motion to Alter or Amend the Judgment 61 ; DENIES AS MOOT plaintiff's Motion for Order Disqualifying Attorney General Michael Mukasey and the Department of Justice 68 ; DENIES plaintiff's Motion to Withdraw Any and All Ex Parte Orders 69 and DENIES plaintiff's Motion for a Hearing on the Motion to Disqualify 74 . Signed by Chief District Judge Fernando J. Gaitan, Jr. on
https://ecf.mowd.uscourts.gov/cgi-bin/DktRpt.pl?826288535406272-L_801_0-1
Page 12 of 13
12
CM/ECF Western District of Missouri
12/2/08 8:48 AM
10/31/08. (Enss, Rhonda) (Entered: 10/31/2008) 11/03/2008
77 AMENDED NOTICE OF APPEAL by Samuel Lipari. Filing fee $ 455, receipt number Not Paid. (Carr, Lori) (Entered: 11/05/2008)
11/05/2008
78 TRANSMISSION of Notice of Appeal Supplement to US Court of Appeals, 8th Circuit via electronic mail. Related document 77 Notice of Appeal. (Crespo, Wil) (Entered: 11/05/2008)
11/06/2008
79 USCA Case Number from 8th Circuit Court of Appeals is 08-3115 for 70 Notice of Interlocutory Appeal, filed by Samuel Lipari, 77 Notice of Appeal filed by Samuel Lipari. Briefing schedule entered by the Court of Appeals is attached. (Attachments: # 1 Schedule)(Crespo, Wil) (Entered: 11/06/2008)
PACER Service Center Transaction Receipt 12/02/2008 08:47:19 PACER Login: la1630 Description:
Client Code:
Docket Report Search Criteria: 4:07-cv-00849-FJG
Billable Pages: 10
Cost:
https://ecf.mowd.uscourts.gov/cgi-bin/DktRpt.pl?826288535406272-L_801_0-1
0.80
Page 13 of 13
13
Docket Entries Results
12/2/08 3:57 PM
Search for Cases by: Select Search Method... Judicial Links
| Court Links
| Help
| Contact Us | Print
Logon
16th Judicial Circuit (Jackson County) 0616-CV07421 - SAMUEL K LIPARI V GENERAL ELECTRIC COMPANY ET AL This information is provided as a service and is not considered an official court record. Displaying 1 thru 93 of 93 records for all dockets returned for case 0616-CV07421.
03/22/2006
Docket Entry: Filing: Text: CIVIL FILING INFORMANTION SHEET Filing Party: LIPARI , SAMUEL K Docket Entry: Pet Filed in Circuit Ct
03/23/2006 Docket Entry: Case Mgmt Conf Scheduled Associated Events: 07/05/2006 , 09:00:00 - Case Management Conference Docket Entry: Notice Text: OF CASE MANAGEMENT CONFERENCE FOR CIVIL CASE AND ENTRY OF PRETRIAL ORDER ON JULY 05, 2006 IN DIV 5 AT 9:00 AM 03/28/2006
Docket Entry: Summons Issued-Circuit Text: Document ID: 06-SMCC-2237, for GENERAL ELECTRIC COMPANY; Document ID: 06SMCC-2238, for GENERAL ELECTRIC CAPITAL BUSINESS ASSET FUNDING CORPORATION; Document ID: 06-SMCC-2239, for GE TRANSPORTATION SYSTEMS GLOBAL SIGNALING LLC; Document ID: 06-SMCC-2240, for CARPETS N MORE; Document ID: 06-SMCC-2241, for HEARTLAND FINANCIAL;
04/10/2006
Docket Entry: Corporation Served Text: Document ID - 06-SMCC-2237; Served To - GENERAL ELECTRIC COMPANY; Server - ; Served Date - 04-APR-06; Served Time - 00:00:00; Service Type - Sheriff Department; Reason Description - Served; Service Text - E King Docket Entry: Corporation Served Text: Document ID - 06-SMCC-2238; Served To - GENERAL ELECTRIC CAPITAL BUSINESS ASSET FUNDING CORPORATION; Server - ; Served Date - 04-APR-06; Served Time 00:00:00; Service Type - Sheriff Department; Reason Description - Served; Service Text E King Docket Entry: Corporation Served Text: Document ID - 06-SMCC-2241; Served To - HEARTLAND FINANCIAL; Server - DAVID A. NICKERSON; Served Date - 04-APR-06; Served Time - 11:03:00; Service Type - Civil Process Server; Reason Description - Defendant Served; Service Text - JAMA BURKE/MGR-IN CHARGE
04/11/2006
Docket Entry: Corporation Served Text: Document ID - 06-SMCC-2239; Served To - GE TRANSPORTATION SYSTEMS GLOBAL
https://www.courts.mo.gov/casenet/cases/searchDockets.do
Page 1 of 10
14
Supp. Apdx. 2
Docket Entries Results
12/2/08 3:57 PM
SIGNALING LLC; Server - ; Served Date - 05-APR-06; Served Time - 00:00:00; Service Type - Sheriff Department; Reason Description - Served; Service Text - E King 05/02/2006
Docket Entry: Summons Returned Non-Est Text: Document ID - 06-SMCC-2240; Served To - CARPETS N MORE; Server - RONALD L. HOLLADAY; Served Date - 27-APR-06; Served Time - 23:59:00; Service Type - Civil Process Server; Reason Description - No Answer
05/04/2006
Docket Entry: Motion to Dismiss Text: Gen Electric Capital Business Asset Funding Corp and GE Transp Systems Global signaling LLC. Filing Party: GENERAL ELECTRIC COMPANY Associated Docket Entries: 05/31/2006 - Motion Denied ORDER DENYING DEFENDANTS GE'S MOTION TO DISMISS UPON FULL CONSIDERATION, the Court, having reviewed General Electric Company, General Electric Capital Business Asset Funding Corporation and GE Transportation System's Global Signaling, LLC's Motion to Dismiss filed on May 4, 2006 by Defendants and being fully advised in the premises, hereby DENIES the motion. WHEREFORE, IT IS ORDERED, General Electric Company, General Electric Capital Business Asset Funding Corporation and GE Transportation System's Global Signaling, LLC's Motion to Dismiss is DENIED. Dated: MAY 25, 2006 ____________________________________ W STEPHEN NIXON, Judge Docket Entry: Suggestions in Support Text: of their Motion to dismiss. Filing Party: HEARTLAND FINANCIAL Docket Entry: Motion to Dismiss Filing Party: HEARTLAND FINANCIAL Associated Docket Entries: 05/31/2006 - Motion Granted/Sustained ORDER GRANTING HEARTLAND FINANCIAL'S MOTION TO DISMISS UPON FULL CONSIDERATION, the Court, having reviewed Heartland Financial's Motion to Dismiss filed on May 4, 2006 by Defendant and being fully advised in the premises, hereby GRANTS the motion. WHEREFORE, IT IS ORDERED, Heartland Financial's Motion to Dismiss is GRANTED for Plaintiff's failure to state a claim upon which relief can be granted. Dated: MAY 25, 2006 ____________________________________ W STEPHEN NIXON, Judge Docket Entry: Suggestions in Support Text: of their motion to dismiss. Filing Party: GENERAL ELECTRIC COMPANY
05/17/2006
Docket Entry: Notice Text: LP NOTICE OF MISNOMER REGARDING PLT Filing Party: LIPARI , SAMUEL K
05/30/2006
Docket Entry: Suggestions in Opposition Text: l/p to plts notice of misnomer.
05/31/2006
Docket Entry: Motion Denied Text: ORDER DENYING DEFENDANTS GE'S MOTION TO DISMISS UPON FULL CONSIDERATION, the Court, having reviewed General Electric Company, General Electric Capital Business Asset Funding Corporation and GE Transportation System's Global
https://www.courts.mo.gov/casenet/cases/searchDockets.do
Page 2 of 10
15
Docket Entries Results
12/2/08 3:57 PM
Signaling, LLC's Motion to Dismiss filed on May 4, 2006 by Defendants and being fully advised in the premises, hereby DENIES the motion. WHEREFORE, IT IS ORDERED, General Electric Company, General Electric Capital Business Asset Funding Corporation and GE Transportation System's Global Signaling, LLC's Motion to Dismiss is DENIED. Dated: MAY 25, 2006 ____________________________________ W STEPHEN NIXON, Judge Associated Docket Entries: 05/04/2006 - Motion to Dismiss Gen Electric Capital Business Asset Funding Corp and GE Transp Systems Global signaling LLC. Docket Entry: Motion Granted/Sustained Text: ORDER GRANTING HEARTLAND FINANCIAL'S MOTION TO DISMISS UPON FULL CONSIDERATION, the Court, having reviewed Heartland Financial's Motion to Dismiss filed on May 4, 2006 by Defendant and being fully advised in the premises, hereby GRANTS the motion. WHEREFORE, IT IS ORDERED, Heartland Financial's Motion to Dismiss is GRANTED for Plaintiff's failure to state a claim upon which relief can be granted. Dated: MAY 25, 2006 ____________________________________ W STEPHEN NIXON, Judge Associated Docket Entries: 05/04/2006 - Motion to Dismiss 06/01/2006
Docket Entry: Suggestions in Opposition Text: L/P - TO THE GENERAL ELECTRIC DEFT'S MOTION FOR DISMISSAL Filing Party: LIPARI , SAMUEL K
06/15/2006
Docket Entry: Suggestions in Support Text: OF MOT TO DISMISS GENERAL ELECTRIC DFTS AFFIRMATIVE DEFENSES Filing Party: LIPARI , SAMUEL K
Docket Entry: Text: Filing Party: Associated Docket Entries:
Motion to Dismiss GE DFTS AFFIRMATIVE DEFENSES LIPARI , SAMUEL K 02/27/2007 - Motion Denied
Docket Entry: Motion Filed Text: TO REQUIRE GE DFTS TO ANSWER PETITION Filing Party: LIPARI , SAMUEL K 07/05/2006
Docket Entry: Jury Trial Scheduled Text: CIVIL CASE MANAGEMENT SCHEDULING ORDER Now on JULY 5, 2006 this matter coming on for scheduling conference and pursuant to Local Rule 35.1, the Court hereby enters the following Scheduling Order: Plaintiff appears by counsel, SAMUEL K LIPARI. Defendant fails to appear by counsel. 1. This case is set for trial on March 5, 2007 at 9:30 A.M. 2. The parties are ordered to participate in mediation pursuant to Rule 17. Mediation shall be completed by September 1, 2006. Each party shall personally appear at the mediation and participate in the process. In the event a party does not have the authority to enter into a settlement, then a representative of the entity that does have actual authority to enter into a settlement on behalf of that party shall also personally attend the mediation with the party. 3. Lee Wells is appointed to be the mediator in this case. 4. Each party shall pay their respective pro-rata cost of the mediation directly to the mediator. 5. Parties shall file any designated portion of depositions to be read or shown or played to the jury by videotape ten (10) days before trial. 6. Five (5) days before trial, the parties shall file a list of exhibits to be offered or referred to in the evidence. 7. Five (5) days before trial, the parties shall file a list of witnesses to be called to testify at trial. 8. Five (5) days before trial, the parties shall file any motions in limine, proposed jury instructions, counter designations
https://www.courts.mo.gov/casenet/cases/searchDockets.do
Page 3 of 10
16
Docket Entries Results
12/2/08 3:57 PM
and objections to proposed deposition excerpts to be read or played to the jury by videotape, and any trial briefs with the Court and the opposite party. 9. Dates in this pretrial order shall be changed only by leave of Court. Dated: JULY 5, 2006 W STEPHEN NIXON Judge Associated Docket Entries: 09/22/2006 - Hearing/Trial Cancelled Associated Events: 03/05/2007 , 09:30:00 - Jury Trial Docket Entry: Filing: Text: LP DISCLOSURE OF RELEVANT WITNESSES AND DOCUMENTS. Filing Party: LIPARI , SAMUEL K 07/06/2006
Docket Entry: Order Text: VOLUME 2
07/17/2006
Docket Entry: Removed to Fed Court Docket Entry: Answer Filed Text: LP Filing Party: GENERAL ELECTRIC COMPANY Docket Entry: Notice Text: L/P OF FILING OF REMOVAL Filing Party: GENERAL ELECTRIC COMPANY
07/19/2006
Docket Entry: Notice Text: L/P OF FILING PROPOSED ORDER Filing Party: LIPARI , SAMUEL K
07/20/2006
Docket Entry: Notice Text: LP OF OBJECTION TO REMOVAL FOR LACK OF JURISUDICTION AND UNTIMELENESS. Filing Party: LIPARI , SAMUEL K
09/22/2006
Docket Entry: Ord Transfer P/Judge for Assn Text: Transfer to PJ for reassignment to Division 2 (Reciprocal)
Docket Entry: Hearing/Trial Cancelled Associated Docket Entries: 07/05/2006 - Jury Trial Scheduled CIVIL CASE MANAGEMENT SCHEDULING ORDER Now on JULY 5, 2006 this matter coming on for scheduling conference and pursuant to Local Rule 35.1, the Court hereby enters the following Scheduling Order: Plaintiff appears by counsel, SAMUEL K LIPARI. Defendant fails to appear by counsel. 1. This case is set for trial on March 5, 2007 at 9:30 A.M. 2. The parties are ordered to participate in mediation pursuant to Rule 17. Mediation shall be completed by September 1, 2006. Each party shall personally appear at the mediation and participate in the process. In the event a party does not have the authority to enter into a settlement, then a representative of the entity that does have actual authority to enter into a settlement on behalf of that party shall also personally attend the mediation with the party. 3. Lee Wells is appointed to be the mediator in this case. 4. Each party shall pay their respective pro-rata cost of the mediation directly to the mediator. 5. Parties shall file any designated portion of depositions to be read or shown or played to the jury by videotape ten (10) days before trial. 6. Five (5) days before trial, the parties shall file a list of exhibits to be offered or referred to in the evidence. 7. Five (5) days before trial, the parties shall file a list of witnesses to be called to testify at trial. 8. Five (5) days before trial, https://www.courts.mo.gov/casenet/cases/searchDockets.do
Page 4 of 10
17
Docket Entries Results
12/2/08 3:57 PM
the parties shall file any motions in limine, proposed jury instructions, counter designations and objections to proposed deposition excerpts to be read or played to the jury by videotape, and any trial briefs with the Court and the opposite party. 9. Dates in this pretrial order shall be changed only by leave of Court. Dated: JULY 5, 2006 W STEPHEN NIXON Judge Associated Events: 03/05/2007 , 09:30:00 - Jury Trial Docket Entry: Ord Transfer P/Judge for Assn 09/26/2006
Docket Entry: Order to Transfer Text: Case is transferred to Division 2
09/29/2006
Docket Entry: Notice Text: OF CASE MANAGEMENT CONFERENCE FOR CIVIL CASE ON November 1, 2006 in Division 2 at 8:30 am
Docket Entry: Case Mgmt Conf Scheduled Associated Docket Entries: 11/01/2006 - Hearing/Trial Cancelled Associated Events: 11/01/2006 , 08:30:00 - Case Management Conference 11/01/2006 Docket Entry: Hearing/Trial Cancelled Associated Docket Entries: 09/29/2006 - Case Mgmt Conf Scheduled Associated Events: 11/01/2006 , 08:30:00 - Case Management Conference 12/11/2006
Docket Entry: Motion to Dismiss Text: LP MTN TO DISMISS THE GE DFTS SECOND SET OF AFFIRMATIVE DEFENSES UNDER RULE 55.08 AND SUGGESTIONS IN SUPPORT. Filing Party: LIPARI , SAMUEL K Associated Docket Entries: 02/27/2007 - Motion Denied
12/19/2006
Docket Entry: Received of: Text: LP Grants Plt's Motion to Remand, Grants Plt's Motion to Supplement the Record , Denies Plt's Motion for a Hearing, and Denies as Moot Plt's Motion for Recusal
01/02/2007 Docket Entry: Case Mgmt Conf Scheduled Associated Events: 02/09/2007 , 08:30:00 - Case Management Conference Docket Entry: Case Mgmt Conf Scheduled Text: 2/09/07 AT 8:30AM DIV 2. 01/19/2007
Docket Entry: Notice of Service Text: OF PRODUCTION OF DOCUMENTS REQUEST. Filing Party: LIPARI , SAMUEL K
02/09/2007 Docket Entry: Jury Trial Scheduled Associated Docket Entries: 10/17/2007 - Hearing Continued/Rescheduled Associated Events: 10/29/2007 , 09:00:00 - Jury Trial Docket Entry: Order Text: CIVIL CASE MANAGEMENT SCHEDULING ORDER: Trial set for October 29, 2007 at https://www.courts.mo.gov/casenet/cases/searchDockets.do
Page 5 of 10
18
Docket Entries Results
12/2/08 3:57 PM
9:00 am in Div 2 02/10/2007
Docket Entry: Entry of Appearance Filed Text: LP Filing Party: WAGNER , LEONARD L.
02/21/2007
Docket Entry: Certificate of Service Text: LP RESPONSES TO PLTS REQ FOR PROD OF INSURANCE DOCUMENTS AND REQ FOR PROD OF ATTORNEY CLIENT PRIVILEGE DOCUMENTS AND REQ FOR PROD OF DOCUMENTS. Filing Party: GENERAL ELECTRIC COMPANY
02/23/2007
Docket Entry: Text: Filing Party: Associated Docket Entries:
Motion to Compel LP PRODUCTION OF DISCOVERY REQUESTS. LIPARI , SAMUEL K 03/14/2007 - Motion Denied
Docket Entry: Motion to Dismiss Text: LP THE GE DFTS SECOND SET OF AFFIRMATIVE DEFENSES UNDER RULE 55.08 AND SUG IN SUPPORT. Filing Party: LIPARI , SAMUEL K Associated Docket Entries: 02/27/2007 - Motion Denied Docket Entry: Suggestions in Opposition Text: LP TO PLTS MOTION TO DISMISS DFTS AFFIRMATIVE DEFENSES. Filing Party: GENERAL ELECTRIC COMPANY 02/27/2007 Docket Entry: Motion Denied Associated Docket Entries: 06/15/2006 - Motion to Dismiss GE DFTS AFFIRMATIVE DEFENSES Associated Docket Entries: 12/11/2006 - Motion to Dismiss LP MTN TO DISMISS THE GE DFTS SECOND SET OF AFFIRMATIVE DEFENSES UNDER RULE 55.08 AND SUGGESTIONS IN SUPPORT. Associated Docket Entries: 02/23/2007 - Motion to Dismiss LP THE GE DFTS SECOND SET OF AFFIRMATIVE DEFENSES UNDER RULE 55.08 AND SUG IN SUPPORT. Docket Entry: Text: Filing Party: Associated Docket Entries:
Motion to Compel LP SECOND MTN TO COMPEL PROD OF DISCOVERY REQ. LIPARI , SAMUEL K 03/14/2007 - Motion Denied
Docket Entry: Reply Text: LP TO DFTS SUG IN OPP TO PLT MOTION TO DISMISS THE SECOND SET OF AFFIRMATIVE DEFENSES. Filing Party: LIPARI , SAMUEL K 02/28/2007
Docket Entry: Order - Denied Text: Plt's Motion to Dismiss General Electric's Affirmative Defenses, filed: 06-15-06 Plt's Motion to Dismiss Deft's Second Set of Affirmative Defenses, filed: 12-11-06
https://www.courts.mo.gov/casenet/cases/searchDockets.do
Page 6 of 10
19
Docket Entries Results
03/12/2007
12/2/08 3:57 PM
Docket Entry: Suggestions in Opposition Text: LP GEN ELECTRIC CO, GEN ELEC CAPITAL BUSINESS ASSET FUNDING CORP, GE TRANSPORTATION SYS GLOBAL SIGNALING LLC'S OPPOSITION TO PLTS SECOND MOTION TO COMPEL PRODUCTION OF DISCOVERY REQUESTS. Filing Party: GENERAL ELECTRIC COMPANY
03/14/2007 Docket Entry: Motion Denied Associated Docket Entries: 02/23/2007 - Motion to Compel LP PRODUCTION OF DISCOVERY REQUESTS. Associated Docket Entries: 02/27/2007 - Motion to Compel LP SECOND MTN TO COMPEL PROD OF DISCOVERY REQ. Docket Entry: Order - Denied Text: Plt's Motion to Compel Production of Discovery Requests filed: 02-23-07 Plt's Second Motion to compel Production of Discovery Requests filed:02-27-07 04/16/2007
Docket Entry: Text: Filing Party: Associated Docket Entries:
Motion to Compel SECOND, LIPARI , SAMUEL K 05/11/2007 - Motion Denied
04/30/2007
Docket Entry: Suggestions in Opposition Text: lp GEN ELECTRIC CO, GEN ELEC CAPITAL BUSINESS ASSET FUNDING CORP AND GE TRANSPORTATION SYSTEMS GLOBAL SIGNALING LLC'S SUG IN OPP TO PLTS SECOND MOTION TO COMPEL DISCOVERY UNDER RULE 61.01 FILED APRIL 16, 2007. Filing Party: GENERAL ELECTRIC COMPANY
05/07/2007
Docket Entry: Reply Text: L/P SUGGESTIONS SUPPORTING MOTION O COMPEL PROD. OF DOCUMENTS Filing Party: LIPARI , SAMUEL K
05/11/2007 Docket Entry: Motion Denied Associated Docket Entries: 04/16/2007 - Motion to Compel SECOND, 05/15/2007
Docket Entry: Order - Denied Text: PLAINTIFF'S SECOND MOTION TO COMPEL PRODUCTION OF DISCOVERY REQUESTS filed:04-16-07
08/08/2007
Docket Entry: Certificate of Service Text: INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS Filing Party: GENERAL ELECTRIC COMPANY
08/10/2007
Docket Entry: Notice Text: LP OF MANDAMUS ACTION IN WESTERN DISTRICT OF MISSOURI COURT OF APPEALS Filing Party: LIPARI , SAMUEL K
https://www.courts.mo.gov/casenet/cases/searchDockets.do
Page 7 of 10
20
Docket Entries Results
08/27/2007
12/2/08 3:57 PM
Docket Entry: Notice Text: OF MANDAMUS ACTION IN WESTERN DISTRICT OF MISSOURI COURT OF APPEALS Filing Party: LIPARI , SAMUEL K
09/06/2007
Docket Entry: Text: Filing Party: Associated Docket Entries:
Motion to Compel LP MOTION TO COMPEL MEDIATION ORDERED ON 2/9/07 LIPARI , SAMUEL K 09/24/2007 - Motion no Longer an Issue
09/14/2007
Docket Entry: Filing: Text: LP OPPOSITION TO PLAINTIFFS MOTION TO COMPEL Filing Party: GENERAL ELECTRIC COMPANY
09/17/2007
Docket Entry: Certificate of Service Text: LP NOTICE OF SERVICE OF PRODUCTION OF DOCUMENTS REQUEST Filing Party: LIPARI , SAMUEL K
09/18/2007
Docket Entry: Certificate of Service Text: L/P - SECOND INTERROG'S TO PLT AND SECOND REQUEST FOR PROD. OF DOC. Filing Party: GENERAL ELECTRIC COMPANY
09/20/2007
Docket Entry: Answer Filed Text: LP ANSWER TO OPPOSITION TO COMPELLING MEDIATION Filing Party: LIPARI , SAMUEL K Docket Entry: Affidavit Filed Text: LP AFFIDAVIT OF SAMUEL K. LIPARI Filing Party: LIPARI , SAMUEL K
09/24/2007
Docket Entry: Order - Denied Text: Plt's Motion to Compel Mediation, filed:09-06-07,
Docket Entry: Motion no Longer an Issue Associated Docket Entries: 09/06/2007 - Motion to Compel LP MOTION TO COMPEL MEDIATION ORDERED ON 2/9/07 10/02/2007
Docket Entry: Text: Filing Party: Associated Docket Entries:
Motion to Compel THIRD MOTION TO COMPEL PRODUCTION OF DISCOVERY REQUESTS LIPARI , SAMUEL K 10/17/2007 - Motion Denied
Docket Entry: Certificate of Service Text: ANSWERS TO SECOND INTERROGATORIES AND SECOND REQUEST FOR PRODUCTION Filing Party: LIPARI , SAMUEL K 10/10/2007
Docket Entry: Motion for Leave Text: LP MOTION FOR LEAVE TO AMEND UNDER RMSO 55.33
https://www.courts.mo.gov/casenet/cases/searchDockets.do
Page 8 of 10
21
Docket Entries Results
12/2/08 3:57 PM
Filing Party: LIPARI , SAMUEL K Associated Docket Entries: 10/31/2007 - Motion Granted/Sustained 10/12/2007
Docket Entry: Filing: Text: LP CORRECTION OF PROPOSED AMENDED COMPLAINT Filing Party: LIPARI , SAMUEL K Docket Entry: Amended Motion/Petition Filed Text: LP CORRECTED AMENDED PETITION Filing Party: LIPARI , SAMUEL K
10/15/2007
Docket Entry: Text: Filing Party: Associated Docket Entries:
Motion to Compel LP SECOND MOTION TO COMPEL MEDIATION ORDERED ON 2/9/07 LIPARI , SAMUEL K 10/31/2007 - Motion Granted/Sustained
Docket Entry: Suggestions in Opposition Text: LP SUGGESTIONS IN OPPOSITION TO PLAINTIFF'S THIRD MOTION TO COMPEL PRODUCTION OF DISCOVERY REQUESTS Filing Party: GENERAL ELECTRIC COMPANY 10/16/2007
Docket Entry: Start Additional Case Volume Text: VOLUME 4 Docket Entry: Motion for Continuance Text: lp - from october 29, 2007 Filing Party: LIPARI , SAMUEL K
10/17/2007
Docket Entry: Order for Continuance Text: GRANTED: and this cause is removed form the October 29, 2007, trial docket. Docket Entry: Order - Denied Text: PLT'S THIRD MOTION TO COMPEL PRODUCTION OF DISCOVERY REQUESTS filed:10-02-07
Docket Entry: Motion Denied Associated Docket Entries: 10/02/2007 - Motion to Compel THIRD MOTION TO COMPEL PRODUCTION OF DISCOVERY REQUESTS Docket Entry: Hearing Continued/Rescheduled Associated Docket Entries: 02/09/2007 - Jury Trial Scheduled Associated Events: 10/29/2007 , 09:00:00 - Jury Trial 10/23/2007
Docket Entry: Suggestions in Opposition Text: LP SUGGESTIONS IN OPPOSITION TO MOTION FOR LEAVE TO AMEND UNDER RMSO 55.33 Filing Party: GENERAL ELECTRIC COMPANY
10/29/2007
Docket Entry: Filing: Text: LP OPPOSITION TO PLAINTIFFS SECOND MOTION TO COMPEL MEDIATION Filing Party: GENERAL ELECTRIC COMPANY
https://www.courts.mo.gov/casenet/cases/searchDockets.do
Page 9 of 10
22
Docket Entries Results
12/2/08 3:57 PM
10/31/2007 Docket Entry: Case Mgmt Conf Scheduled Associated Docket Entries: 11/14/2007 - Hearing/Trial Cancelled Associated Events: 01/09/2008 , 08:30:00 - Case Management Conference Docket Entry: Motion Granted/Sustained Associated Docket Entries: 10/10/2007 - Motion for Leave LP MOTION FOR LEAVE TO AMEND UNDER RMSO 55.33 Associated Docket Entries: 10/15/2007 - Motion to Compel LP SECOND MOTION TO COMPEL MEDIATION ORDERED ON 2/9/07 Docket Entry: Order Text: FOR CIVIL CASE ON JANUARY 9, 2008 IN DIVISION 2 AT 8:30 AM Docket Entry: Order Text: GRANTED: Plaintiff's Motion for Leave to File Amended Petition, filed October 10, 2007. GRANTED: Plaintiff's Second Motion to Compel Mediation, filed October 15, 2007. 11/09/2007
Docket Entry: Notice Text: NOTICE OF REMOVAL TO THE WESTERN DISTRICT Filing Party: GENERAL ELECTRIC COMPANY
11/14/2007 Docket Entry: Hearing/Trial Cancelled Associated Docket Entries: 10/31/2007 - Case Mgmt Conf Scheduled Associated Events: 01/09/2008 , 08:30:00 - Case Management Conference Displaying 1 thru 93 of 93 records for all dockets returned for case 0616-CV07421.
Case.net Version 5.9.4.0
Return to Top of Page
https://www.courts.mo.gov/casenet/cases/searchDockets.do
Released 11/10/2008
Page 10 of 10
23
CM/ECF Western District of Missouri
12/2/08 8:47 AM
CLOSED, EAPN
U.S. District Court United States District Court for the Western District of Missouri (Kansas City) CIVIL DOCKET FOR CASE #: 4:06-cv-00573-FJG Lipari v. General Electric Company et al Assigned to: Chief District Judge Fernando J. Gaitan, Jr Demand: $450,000,000 Cause: 28:1332 Diversity-Other Contract
Date Filed: 07/14/2006 Date Terminated: 11/29/2006 Jury Demand: Plaintiff Nature of Suit: 190 Contract: Other Jurisdiction: Diversity
Plaintiff Samuel Lipari Statutory Trustee of Dissolved Medical Supply Chain, Inc.
represented by Samuel Lipari 297 NE Bayview Lee's Summit, MO 64064 PRO SE
V. Defendant General Electric Company
represented by John K. Power Husch Blackwell Sanders LLP 1200 Main Street Suite 2300 Kansas City , MO 64105 (816)283-4651 Fax: (816)421-0596 Email:
[email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED
Defendant General Electric Capital Business Asset Funding Corporation
represented by John K. Power (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Defendant GE Transportation Systems Globaling Signaling, LLC
represented by John K. Power (See above for address) LEAD ATTORNEY
https://ecf.mowd.uscourts.gov/cgi-bin/DktRpt.pl?991525792453321-L_801_0-1
Page 1 of 5
24
T e
Supp. Apdx. 3
CM/ECF Western District of Missouri
12/2/08 8:47 AM
ATTORNEY TO BE NOTICED Defendant Carpet n More Defendant Stewart Foster Date Filed
#
Docket Text
07/17/2006
1 NOTICE OF REMOVAL by General Electric Company, General Electric Capital Business Asset Funding Corporation, GE Transportation Systems Globaling Signaling, LLC, General Electric Company, General Electric Capital Business Asset Funding Corporation, GE Transportation Systems Globaling Signaling, LLC from Circuit Court of Jackson County, case number 0616-CV07421. ( Filing fee $ 350 receipt number 1305698) filed by John K. Power on behalf of General Electric Company, General Electric Capital Business Asset Funding Corporation, GE Transportation Systems Globaling Signaling, LLC, General Electric Company, General Electric Capital Business Asset Funding Corporation, GE Transportation Systems Globaling Signaling, LLC. (Attachments: # 1 Civil Cover Sheet # 2 Exhibit A# 3 Exhibit B# 4 Exhibit C Petition)(Power, John) (Entered: 07/17/2006)
07/18/2006
2 Notice of EAP Neutral (Attachments: # 1 EAP General Order)(Baldwin, Joella) (Entered: 07/18/2006)
07/19/2006
3 ORDER - joint proposed discovery plan scheduling order due by 8/21/2006. Counsel for defendants, after consultation with plaintiff, shall take the lead in preparing a proposed scheduling order for execution and filing with the court. Signed by Judge Fernando J. Gaitan Jr. on 7/19/06. (Enss, Rhonda) (Entered: 07/19/2006)
07/19/2006
4 MOTION to remand filed by Samuel Lipari Suggestions in opposition/response due by 8/3/2006 unless otherwise directed by the court (Carr, Lori) (Entered: 07/21/2006)
07/19/2006
5 SUGGESTIONS in support re 4 MOTION to remand on behalf of Plaintiff Samuel Lipari. (Related document(s) 4 ) (Carr, Lori) (Entered: 07/21/2006)
07/20/2006
6 AMENDED MOTION to remand filed by Samuel Lipari. Suggestions in opposition/response due by 8/4/2006 unless otherwise directed by the court (Carr, Lori) (Entered: 07/24/2006)
07/20/2006
7 AMENDED SUGGESTIONS in support re 6 MOTION to remand on behalf of Plaintiff Samuel Lipari. (Attachments: # 1 Exhibit)(Related document(s) 6 ) (Carr, Lori) (Entered: 07/24/2006)
07/24/2006
8 MOTION for hearing filed by Samuel Lipari. Suggestions in opposition/response due by 8/8/2006 unless otherwise directed by the court (Attachments: # 1 Notice of Exhibit Attachment)(Carr, Lori) (Entered: 07/24/2006)
08/03/2006
9 SUGGESTIONS in opposition re 4 MOTION to remand filed by John K. Power on
https://ecf.mowd.uscourts.gov/cgi-bin/DktRpt.pl?991525792453321-L_801_0-1
Page 2 of 5
25
CM/ECF Western District of Missouri
12/2/08 8:47 AM
behalf of Defendants General Electric Company, General Electric Capital Business Asset Funding Corporation, GE Transportation Systems Globaling Signaling, LLC. Reply suggestions due by 8/18/2006 unless otherwise directed by the court (Related document(s) 4 ) (Power, John) (Entered: 08/03/2006) 08/03/2006
10 RESPONSE to motion re 8 MOTION for hearing filed by John K. Power on behalf of Defendants General Electric Company, General Electric Capital Business Asset Funding Corporation, GE Transportation Systems Globaling Signaling, LLC. Reply suggestions due by 8/18/2006 unless otherwise directed by the court (Related document(s) 8 ) (Power, John) (Entered: 08/03/2006)
08/10/2006
11 REPLY SUGGESTIONS to motion re 4 MOTION to remand, 8 MOTION for hearing and Plaintiff's Remand Hearing Trial Brief by Samuel Lipari. (Attachments: # 1 Notice of Exhibit Attachment)(Related document(s) 4 , 8 ) (Carr, Lori) (Entered: 08/11/2006)
08/29/2006
12 MOTION for extension of time to File Proposed Discovery Plan and Scheduling Order filed by John K. Power on behalf of General Electric Company, General Electric Capital Business Asset Funding Corporation, GE Transportation Systems Globaling Signaling, LLC Suggestions in opposition/response due by 9/13/2006 unless otherwise directed by the court (Power, John) (Entered: 08/29/2006)
08/29/2006
13 NOTICE of Submission of Proposed Order of Remand by Samuel Lipari re 6 MOTION to remand. (Jones, Robin) (Entered: 08/29/2006)
09/05/2006
14 MOTION for order to supplement the record filed by Samuel Lipari. Suggestions in opposition/response due by 9/20/2006 unless otherwise directed by the court. (Attachments: # 1 Exhibit 1&2)(Jones, Robin) (Entered: 09/05/2006)
09/05/2006
15 SUGGESTIONS in opposition re 12 MOTION for extension of time to File Proposed Discovery Plan and Scheduling Order on behalf of Plaintiff Samuel Lipari. Reply suggestions due by 9/20/2006 unless otherwise directed by the court (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5)(Related document(s) 12 ) (Jones, Robin) (Entered: 09/05/2006)
09/08/2006
16 Second MOTION for extension of time to File Proposed Discovery Plan and Scheduling Order filed by John K. Power on behalf of General Electric Company, General Electric Capital Business Asset Funding Corporation, GE Transportation Systems Globaling Signaling, LLC Suggestions in opposition/response due by 9/25/2006 unless otherwise directed by the court (Power, John) (Entered: 09/08/2006)
09/14/2006
17 PROPOSED SCHEDULING ORDER and Discovery Plan by General Electric Company, General Electric Capital Business Asset Funding Corporation, GE Transportation Systems Globaling Signaling, LLC. (Power, John) (Entered: 09/14/2006)
09/27/2006
18 ORDER denying as moot 12 defendants' motion for extension of time and granting 16 defendants' second motion for extension of time. The Court notes the timely filing of the proposed discovery plan and scheduling order (Doc. #17) on September 14, 2006. Signed by Judge Fernando J. Gaitan Jr. on 9/27/06. (Enss, Rhonda) (Entered: 09/27/2006)
https://ecf.mowd.uscourts.gov/cgi-bin/DktRpt.pl?991525792453321-L_801_0-1
Page 3 of 5
26
CM/ECF Western District of Missouri
12/2/08 8:47 AM
09/27/2006
19 SCHEDULING and Trial ORDER: Discovery due by 5/1/2007. Summary judgment motions due 6/1/07. Pretrial teleconference set for 12/14/2007 at 9:30 AM in before Judge Fernando Gaitan. Jury Trial set for 1/28/2008 at 8:30 AM in Courtroom 7C, Kansas City (FJG) before Judge Fernando Gaitan. Signed by Judge Fernando J. Gaitan Jr. on 9/27/06. (Enss, Rhonda) (Entered: 09/27/2006)
09/27/2006
20 CERTIFICATE OF SERVICE OF INITIAL RULE 26 DISCLOSURES filed by John K. Power on behalf of Defendants General Electric Company, General Electric Capital Business Asset Funding Corporation, GE Transportation Systems Globaling Signaling, LLC.(Power, John) (Entered: 09/27/2006)
09/28/2006
21 NOTICE of filing by General Electric Company, General Electric Capital Business Asset Funding Corporation, GE Transportation Systems Globaling Signaling, LLC Opposition to Plaintiff's "Discovery Dispute" (Power, John) (Entered: 09/28/2006)
10/05/2006
22 NOTICE of filing Notice of Proposed Petition for Writ of Mandamus in the Eighth Circuit Court of Appeals by Samuel Lipari. Paid $455.00, receipt no. 245827 (Attachments: # 1 Notice of Exhibit Attachment)(Jones, Robin) Modified on 10/10/2006 to include payment information (Jones, Robin). (Entered: 10/10/2006)
10/12/2006
***Appeals Remark: the petition for writ of mandamus has been assigned the following case #06-3546, by the 8th Circuit Court of Appeals. (Crespo, Wil) (Entered: 10/12/2006)
10/23/2006
***Appeals Remark: The petition for writ of mandamus is denied. (Crespo, Wil) (Entered: 10/23/2006)
11/08/2006
23 NOTICE of filing of Motion for new trial 8th Circuit Mandamus by Samuel Lipari (Kee, Georgia) (Entered: 11/09/2006)
11/08/2006
24 MOTION for recusal under 28 USC 455(a) and (b)(4) filed by Samuel LipariSuggestions in opposition/response due by 11/24/2006 unless otherwise directed by the court. (Attachments: # 1 Exhibit)(Kee, Georgia) (Entered: 11/09/2006)
11/14/2006
25 ORDER re 24 MOTION for recusal filed by Samuel Lipari. Court would like expedited briefing. Defendants shall file Suggestions in Response on or before November 20, 2006. Plaintiff shall thereafter file Reply Suggestions on or before November 27, 2006. Signed by Judge Fernando J. Gaitan Jr. on 11/14/06. (Enss, Rhonda) Modified on 11/14/2006 to reflect document mailed to Samuel Lipari via regular and certified mail, receipt no. 7002 2410 0001 5861 0988 (Jones, Robin). (Entered: 11/14/2006)
11/14/2006
Set/Reset Deadlines as to 24 MOTION for recusal. Suggestions in opposition/response due by 11/20/2006 unless otherwise directed by the court. Reply suggestions due by 11/27/2006 unless otherwise directed by the court. (Enss, Rhonda) (Entered: 11/14/2006)
11/17/2006
26 GREEN CARD showing return of service. Samuel Lipari served on November 16, 2006. (Related document(s) 25 ) (Jones, Robin) (Entered: 11/17/2006)
11/20/2006
27 SUGGESTIONS in opposition re 24 MOTION for recusal filed by John K. Power on
https://ecf.mowd.uscourts.gov/cgi-bin/DktRpt.pl?991525792453321-L_801_0-1
Page 4 of 5
27
CM/ECF Western District of Missouri
12/2/08 8:47 AM
behalf of Defendants General Electric Company, General Electric Capital Business Asset Funding Corporation, GE Transportation Systems Globaling Signaling, LLC. Reply suggestions due by 12/5/2006 unless otherwise directed by the court (Related document(s) 24 ) (Power, John) (Entered: 11/20/2006) 11/20/2006
28 REPLY SUGGESTIONS to motion re 24 MOTION for recusal and Hearing Brief on behalf of Plaintiff Samuel Lipari. (Related document(s) 24 ) (Jones, Robin) (Entered: 11/21/2006)
11/29/2006
29 ORDER granting 4 and 6 plaintiff's motions to remand; denying 8 plaintiff's motion for hearing; granting 14 plaintiff's motion to supplement; and denying as moot 24 plaintiff's motion for recusal. Signed by Judge Fernando J. Gaitan Jr. on 11/29/06. (Enss, Rhonda) Modified on 11/29/2006 to reflect document mailed to plaintiff via regular mail (Jones, Robin). (Entered: 11/29/2006)
12/18/2006
REMAND LETTER sent to the Circuit Court of Jackson County, Missouri. (Jones, Robin) (Entered: 12/18/2006)
PACER Service Center Transaction Receipt 12/02/2008 08:46:16 PACER Login: la1630 Description:
Client Code:
Docket Report Search Criteria: 4:06-cv-00573-FJG
Billable Pages: 4
Cost:
https://ecf.mowd.uscourts.gov/cgi-bin/DktRpt.pl?991525792453321-L_801_0-1
0.32
Page 5 of 5
28
06-3546 Docket
Court Home
12/2/08 5:39 PM
Case Search
Calendar
Opinions
Orders/Judgments
Billing History
XML
TXT
Logout
Help
General Docket Eighth Circuit Court of Appeals Court of Appeals Docket #: 06-3546
Docketed: 10/12/2006 Termed: 10/20/2006
In re Samuel Lipari Appeal From: U.S. District Court for the Western District of Missouri - Kansas City Case Type Information: 1) Original Proceeding 2) Mandamus 3) null Originating Court Information: District: 0866-4 : 4:06-cv-00573-FJG Trial Judge: Fernando J. Gaitan, U.S. District Judge Date Filed: Prior Cases: None Current Cases: None
In re: Samuel K. Lipari Petitioner
Samuel K. Lipari Direct: 816-365-1306 [NTC Pro Se] 3520 N.E. Akin Boulevard Lees Summit, MO 64064
In re: SAMUEL K. LIPARI Petitioner
10/12/2006
Original Proceeding Docketed Kansas City
10/12/2006
PETITION Writ of Mandamus [2098507] [06-3546]
10/12/2006
CASE SUBMITTED to a panel. [06-3546]
http://ecf.ca8.uscourts.gov/cmecf/servlet/TransportRoom
Page 1 of 2
29
Supp. Apdx. 4
06-3546 Docket
12/2/08 5:39 PM
10/20/2006
JUDGMENT: Roger L. Wollman, C. A. Beam, Steven M. Colloton. denying petition Writ of Mandamus [2098507-1] filed DENIED [06-3546] [2101482], Mandate shall issue forthwith. [06-3546] [2101482]
11/13/2006
MOTION of aplnt, Samuel K. Lipari, for reconsideration of order of October 20, 2006 [06-3546] [2109704], TO COURT w/service 11/8/06
11/20/2006
JUDGE ORDER: denying appellant motion for reconsideration of the denial of the writ of mandamus. [2109704-1] filed by Samuel K. Lipari [06-3546] [2111218]
PACER Service Center Transaction Receipt 12/02/2008 17:38:17 PACER Login: la1630
Client Code:
Description:
Docket Report (filtered)
Search Criteria: 06-3546
Billable Pages:
1
Cost:
http://ecf.ca8.uscourts.gov/cmecf/servlet/TransportRoom
0.08
Page 2 of 2
30
CM/ECF Western District of Missouri
12/2/08 8:49 PM
CLOSED, EAPN
U.S. District Court United States District Court for the Western District of Missouri (Kansas City) CIVIL DOCKET FOR CASE #: 4:05-cv-00210-ODS Medical Supply Chain, Inc v. Neoforma, Inc et al Assigned to: District Judge Ortrie D. Smith Cause: 15:1 Antitrust Litigation
Date Filed: 03/07/2005 Date Terminated: 10/21/2005 Jury Demand: Both Nature of Suit: 410 Anti-Trust Jurisdiction: Federal Question
Plaintiff Medical Supply Chain, Inc
represented by Bret D. Landrith 2961 SW Central Park #G33 Topeka , KS 66611 (785) 267-4084 Email:
[email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED
V. Defendant Neoforma, Inc
represented by John K. Power Husch Blackwell Sanders LLP 1200 Main Street Suite 2300 Kansas City , MO 64105 (816)283-4651 Fax: (816)421-0596 Email:
[email protected] ATTORNEY TO BE NOTICED
Defendant Robert J Zollars
represented by John K. Power (See above for address) ATTORNEY TO BE NOTICED
Defendant Volunteer Hospital Association
represented by Bruce A Blefeld
https://ecf.mowd.uscourts.gov/cgi-bin/DktRpt.pl?820614583329432-L_801_0-1
Page 1 of 12
31
Supp. Apdx. 5
CM/ECF Western District of Missouri
12/2/08 8:49 PM
Vinson & Elkins LLP 1001 Fannin Suite 2300 Houston , TX 77002 (713) 758-3610 LEAD ATTORNEY ATTORNEY TO BE NOTICED Kathleen Spangler Vison & Elkins LLP 1001 Fannin Suite 2300 Houston , TX 77002 (713) 758-2853 LEAD ATTORNEY ATTORNEY TO BE NOTICED John K. Power (See above for address) ATTORNEY TO BE NOTICED Defendant Curt Nonomaque
represented by Bruce A Blefeld (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Kathleen Spangler (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED John K. Power (See above for address) ATTORNEY TO BE NOTICED
Defendant University Healthsystem Consortium
represented by Bruce A Blefeld (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Kathleen Spangler (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
https://ecf.mowd.uscourts.gov/cgi-bin/DktRpt.pl?820614583329432-L_801_0-1
Page 2 of 12
32
CM/ECF Western District of Missouri
12/2/08 8:49 PM
John K. Power (See above for address) ATTORNEY TO BE NOTICED Defendant Robert J Baker
represented by Bruce A Blefeld (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Kathleen Spangler (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED John K. Power (See above for address) ATTORNEY TO BE NOTICED
Defendant US Bancorp, NA
represented by Mark A. Olthoff Shughart Thomson & Kilroy, PC-KCMO 120 West 12th Street Twelve Wyandotte Plaza Kansas City , MO 64105-1929 (816) 395-0620 Fax: (816) 374-0509 Email:
[email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED
Defendant US Bank NA
represented by Mark A. Olthoff (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Defendant Jerry A Grundhoffer
represented by Mark A. Olthoff (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Andrew M. DeMarea Shughart, Thomson & Kilroy, P.C. 9225 Indian Creek Parkway
https://ecf.mowd.uscourts.gov/cgi-bin/DktRpt.pl?820614583329432-L_801_0-1
Page 3 of 12
33
CM/ECF Western District of Missouri
12/2/08 8:49 PM
Suite 1100 Overland Park , KS 66210 (913) 451-3355 Fax: (913) 451-3361 Email:
[email protected] ATTORNEY TO BE NOTICED Jonathan H Gregor Shook Hardy & Bacon LLP 2555 Grand Boulevard Kansas City , MO 64108-2613 (816) 474-6550 Fax: (816) 421-5547 Email:
[email protected] ATTORNEY TO BE NOTICED Logan Wade Overman Berkowitz, Oliver, Williams, Shaw & Eisenbrandt, LLP-MO 2600 Grand Boulevard Suite 1200 Kansas City , MO 64108 (816) 561-7007 Fax: (816) 516-1888 Email:
[email protected] ATTORNEY TO BE NOTICED Defendant Andrew Cesere
represented by Mark A. Olthoff (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Andrew M. DeMarea (See above for address) ATTORNEY TO BE NOTICED Jonathan H Gregor (See above for address) ATTORNEY TO BE NOTICED Logan Wade Overman (See above for address) ATTORNEY TO BE NOTICED
Defendant Piper Jaffray Companies
represented by Mark A. Olthoff
https://ecf.mowd.uscourts.gov/cgi-bin/DktRpt.pl?820614583329432-L_801_0-1
Page 4 of 12
34
CM/ECF Western District of Missouri
12/2/08 8:49 PM
(See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Defendant Andrew S Duff
represented by Mark A. Olthoff (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Andrew M. DeMarea (See above for address) ATTORNEY TO BE NOTICED Jonathan H Gregor (See above for address) ATTORNEY TO BE NOTICED Logan Wade Overman (See above for address) ATTORNEY TO BE NOTICED
Defendant Shughart Thomson & Kilroy, P.C.
represented by Kathleen Ann Hardee Shughart Thomson & Kilroy, PC-KCMO 120 West 12th Street Twelve Wyandotte Plaza Kansas City , MO 64105-1929 (816)421-3355 Fax: (816)374-0509 Email:
[email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED
Defendant Watkins Boulware, PC Defendant Novation LLC
represented by Bruce A Blefeld (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Kathleen Spangler (See above for address) LEAD ATTORNEY
https://ecf.mowd.uscourts.gov/cgi-bin/DktRpt.pl?820614583329432-L_801_0-1
Page 5 of 12
35
CM/ECF Western District of Missouri
12/2/08 8:49 PM
ATTORNEY TO BE NOTICED John K. Power (See above for address) ATTORNEY TO BE NOTICED Date Filed
#
03/09/2005
1 COMPLAINT against all defendants filed by Bret D Landrith on behalf of Medical Supply Chain, Inc. (Filing fee $250 receipt number 227305) Service due by 7/7/2005. (Attachments: # 1 Civil Cover Sheet)(Jones, Robin) (Entered: 03/09/2005)
03/09/2005
2 Notice of EAP Neutral mailed to plaintiff's counsel (Attachments: # 1 General Order)(Jones, Robin) (Entered: 03/09/2005)
03/11/2005
Docket Text
SUMMONS ISSUED as to US Bancorp, NA, US Bank NA, Jerry A Grundhoffer, Andrew Cesere, Piper Jaffray Companies, Andrew S Duff, Shughart Thomson & Kilroy, P.C., Watkins Boulware, PC, Neoforma, Inc, Robert J Zollars, Volunteer Hospital Association, Curt Nonomaque, University Healthsystem Consortium, Robert J Baker. (Revis, Christi) (Entered: 03/11/2005)
03/23/2005
3 RETURN OF SERVICE of complaint executed by Medical Supply Chain, Inc. Shughart Thomson & Kilroy, P.C. served on 3/14/2005, answer due 4/4/2005. (Kee, Georgia) (Entered: 03/23/2005)
03/23/2005
4 RETURN OF SERVICE of complaint executed by Medical Supply Chain, Inc. Andrew S Duff served on 3/14/2005, answer due 4/4/2005. (Kee, Georgia) (Entered: 03/23/2005)
03/23/2005
5 RETURN OF SERVICE of complaint executed by Medical Supply Chain, Inc. Piper Jaffray Companies served on 3/14/2005, answer due 4/4/2005. (Kee, Georgia) (Entered: 03/23/2005)
03/23/2005
6 RETURN OF SERVICE of complaint executed by Medical Supply Chain, Inc. Andrew Cesere served on 3/14/2005, answer due 4/4/2005. (Kee, Georgia) (Entered: 03/23/2005)
03/23/2005
7 RETURN OF SERVICE of complaint executed by Medical Supply Chain, Inc. Jerry A Grundhoffer served on 3/14/2005, answer due 4/4/2005. (Kee, Georgia) (Entered: 03/23/2005)
03/23/2005
8 RETURN OF SERVICE of complaint executed by Medical Supply Chain, Inc. US Bancorp, NA served on 3/14/2005, answer due 4/4/2005. (Kee, Georgia) (Entered: 03/23/2005)
03/23/2005
9 RETURN OF SERVICE of complaint executed by Medical Supply Chain, Inc. Robert J Baker served on 3/16/2005, answer due 4/5/2005. (Kee, Georgia) (Entered: 03/23/2005)
03/23/2005
10 RETURN OF SERVICE of complaint executed by Medical Supply Chain, Inc.
https://ecf.mowd.uscourts.gov/cgi-bin/DktRpt.pl?820614583329432-L_801_0-1
Page 6 of 12
36
CM/ECF Western District of Missouri
12/2/08 8:49 PM
University Healthsystem Consortium served on 3/15/2005, answer due 4/4/2005. (Kee, Georgia) (Entered: 03/23/2005) 03/23/2005
11 RETURN OF SERVICE of complaint executed by Medical Supply Chain, Inc. Volunteer Hospital Association served on 3/14/2005, answer due 4/4/2005. (Kee, Georgia) (Entered: 03/23/2005)
03/23/2005
12 RETURN OF SERVICE of complaint executed by Medical Supply Chain, Inc. Robert J Zollars served on 3/14/2005, answer due 4/4/2005. (Kee, Georgia) (Entered: 03/23/2005)
04/04/2005
13 MOTION to dismiss for lack of jurisdiction filed byJohn Kenneth Power on behalf of Robert J Zollars Suggestions in opposition/response due by 4/19/2005 unless otherwise directed by the court (Attachments: # 1 Declaration of Robert J. Zollars)(Power, John) (Entered: 04/04/2005)
04/04/2005
14 SUGGESTIONS in support re 13 MOTION to dismiss for lack of jurisdiction filed by John Kenneth Power on behalf of Defendant Robert J Zollars. (Related document(s) 13 ) (Power, John) (Entered: 04/04/2005)
04/04/2005
15 MOTION to dismiss case or Alternatively to Require Amendment, Pursuant to F.R.C.P. Rules 8 and 9 filed byJohn Kenneth Power on behalf of Neoforma, Inc Suggestions in opposition/response due by 4/19/2005 unless otherwise directed by the court (Power, John) (Entered: 04/04/2005)
04/04/2005
16 SUGGESTIONS in support re 15 MOTION to dismiss case or Alternatively to Require Amendment, Pursuant to F.R.C.P. Rules 8 and 9 filed by John Kenneth Power on behalf of Defendant Neoforma, Inc. (Related document(s) 15 ) (Power, John) (Entered: 04/04/2005)
04/04/2005
17 DISCLOSURE OF CORPORATE INTERESTS Pursuant to FRCP Rule 7.1 and Certificate Pursuant to Local Rule 3.1 filed by John Kenneth Power on behalf of Defendant Neoforma, Inc.(Power, John) (Entered: 04/04/2005)
04/04/2005
18 MOTION to dismiss case Motion to Transfer, Dismiss and/or Strike filed byMark A. Olthoff on behalf of US Bancorp, NA, US Bank NA, Jerry A Grundhoffer, Andrew Cesere, Piper Jaffray Companies, Andrew S Duff Suggestions in opposition/response due by 4/19/2005 unless otherwise directed by the court (Olthoff, Mark) (Entered: 04/04/2005)
04/04/2005
19 SUGGESTIONS in support re 18 MOTION to dismiss case Motion to Transfer, Dismiss and/or Strike filed by Mark A. Olthoff on behalf of Defendants US Bancorp, NA, US Bank NA, Jerry A Grundhoffer, Andrew Cesere, Piper Jaffray Companies, Andrew S Duff. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G# 8 Exhibit H)(Related document(s) 18 ) (Olthoff, Mark) (Entered: 04/04/2005)
04/04/2005
20 ANSWER to Complaint with Jury Demand filed by Mark A. Olthoff on behalf of Defendant Jerry A Grundhoffer.(Olthoff, Mark) (Entered: 04/04/2005)
04/04/2005
21 ANSWER to Complaint with Jury Demand filed by Mark A. Olthoff on behalf of
https://ecf.mowd.uscourts.gov/cgi-bin/DktRpt.pl?820614583329432-L_801_0-1
Page 7 of 12
37
CM/ECF Western District of Missouri
12/2/08 8:49 PM
Defendant Andrew Cesere.(Olthoff, Mark) (Entered: 04/04/2005) 04/04/2005
22 ANSWER to Complaint with Jury Demand filed by Mark A. Olthoff on behalf of Defendant Andrew S Duff.(Olthoff, Mark) (Entered: 04/04/2005)
04/04/2005
23 MOTION to dismiss for lack of jurisdiction and for Failure to State a Claim filed byJohn Kenneth Power on behalf of Curt Nonomaque, Robert J Baker Suggestions in opposition/response due by 4/19/2005 unless otherwise directed by the court (Attachments: # 1 Exhibit 1 - Affidavit of Curt Nonomaque# 2 Exhibit 2 - Affidavit of Robert J. Baker)(Power, John) (Entered: 04/04/2005)
04/04/2005
24 SUGGESTIONS in support re 23 MOTION to dismiss for lack of jurisdiction and for Failure to State a Claim filed by John Kenneth Power on behalf of Defendants Curt Nonomaque, Robert J Baker. (Related document(s) 23 ) (Power, John) (Entered: 04/04/2005)
04/04/2005
25 MOTION to dismiss case and/or strike and suggestions in support filed byKathleen Ann Hardee on behalf of Shughart Thomson & Kilroy, P.C. Suggestions in opposition/response due by 4/19/2005 unless otherwise directed by the court (Hardee, Kathleen) (Entered: 04/04/2005)
04/04/2005
26 MOTION to reassign/transfer case Venue or Alternatively Motion to Dismiss Complaint for Failure to State a Claim filed byJohn Kenneth Power on behalf of Novation LLC, Volunteer Hospital Association, University Healthsystem Consortium Suggestions in opposition/response due by 4/19/2005 unless otherwise directed by the court (Attachments: # 1 Exhibit 1# 2 Exhibit 2)(Power, John) (Entered: 04/04/2005)
04/04/2005
27 SUGGESTIONS in support re 26 MOTION to reassign/transfer case Venue or Alternatively Motion to Dismiss Complaint for Failure to State a Claim filed by John Kenneth Power on behalf of Defendants Novation LLC, Volunteer Hospital Association, University Healthsystem Consortium. (Related document(s) 26 ) (Power, John) (Entered: 04/04/2005)
04/04/2005
28 DISCLOSURE OF CORPORATE INTERESTS filed by John Kenneth Power on behalf of Defendants Novation LLC, Volunteer Hospital Association, University Healthsystem Consortium.(Power, John) (Entered: 04/04/2005)
04/05/2005
29 Rule 16 Noticeproposed scheduling order due by 6/27/2005, rule 26 conference due by 6/13/2005,. Signed by Judge Ortrie D. Smith on 04/05/2005. (Will-Fees, Eva) (Entered: 04/05/2005)
04/06/2005
30 DISCLOSURE OF CORPORATE INTERESTS filed by Mark A. Olthoff on behalf of Defendant US Bank NA.(Olthoff, Mark) (Entered: 04/06/2005)
04/06/2005
31 DISCLOSURE OF CORPORATE INTERESTS filed by Mark A. Olthoff on behalf of Defendant US Bancorp, NA.(Olthoff, Mark) (Entered: 04/06/2005)
04/06/2005
32 DISCLOSURE OF CORPORATE INTERESTS filed by Kathleen Ann Hardee on behalf of Defendant Shughart Thomson & Kilroy, P.C..(Hardee, Kathleen) (Entered: 04/06/2005)
04/08/2005
33 DISCLOSURE OF CORPORATE INTERESTS filed by Mark A. Olthoff on behalf of
https://ecf.mowd.uscourts.gov/cgi-bin/DktRpt.pl?820614583329432-L_801_0-1
Page 8 of 12
38
CM/ECF Western District of Missouri
12/2/08 8:49 PM
Defendant Piper Jaffray Companies.(Olthoff, Mark) (Entered: 04/08/2005) 04/11/2005
34 SUGGESTIONS in opposition re 13 MOTION to dismiss for lack of jurisdiction filed by Bret D. Landrith on behalf of Plaintiff Medical Supply Chain, Inc. Reply suggestions due by 4/26/2005 unless otherwise directed by the court (Related document(s) 13 ) (Landrith, Bret) (Entered: 04/11/2005)
04/11/2005
35 SUGGESTIONS in opposition re 23 MOTION to dismiss for lack of jurisdiction and for Failure to State a Claim filed by Bret D. Landrith on behalf of Plaintiff Medical Supply Chain, Inc. Reply suggestions due by 4/26/2005 unless otherwise directed by the court (Related document(s) 23 ) (Landrith, Bret) (Entered: 04/11/2005)
04/19/2005
REPLY SUGGESTIONS to motion re 26 MOTION to reassign/transfer case Venue or Alternatively Motion to Dismiss Complaint for Failure to State a Claim filed by Bret D. Landrith on behalf of Plaintiff Medical Supply Chain, Inc. (Attachments: # Exhibit Neoforma, Inc. Press Release of Disclosure# Exhibit Affidavit of Sam Lipari Against Transfer# Exhibit Letter to Clerk Fisher# Exhibit Letter to Chief Judge Lungstrum)(Related document(s) 26 ) (Landrith, Bret) Modified on 4/20/2005 (Sullivan, Tanya). DOCUMENT DELETED - ATTORNEY CONTACTED AND ASKED TO REFILE THE DOUCMENT USING THE CORRECT EVENT. (Entered: 04/19/2005)
04/19/2005
REPLY SUGGESTIONS to motion re 25 MOTION to dismiss case and/or strike and suggestions in support, 18 MOTION to dismiss case Motion to Transfer, Dismiss and/or Strike filed by Bret D. Landrith on behalf of Plaintiff Medical Supply Chain, Inc. (Related document(s) 25 , 18 ) (Landrith, Bret) Modified on 4/20/2005 (Sullivan, Tanya). DOCUMENT DELETED - ATTORNEY CONTACTED AND ASKED TO REFILE THE DOCUMENT USING CORRECT EVENT. (Entered: 04/19/2005)
04/19/2005
REPLY SUGGESTIONS to motion re 15 MOTION to dismiss case or Alternatively to Require Amendment, Pursuant to F.R.C.P. Rules 8 and 9 filed by Bret D. Landrith on behalf of Plaintiff Medical Supply Chain, Inc. (Related document(s) 15 ) (Landrith, Bret) Modified on 4/20/2005 (Sullivan, Tanya). DOCUMENT DELETED ATTORNEY CONTACTED AND ASKED TO REFILE THE DOCUMENT USING CORRECT EVENT. (Entered: 04/19/2005)
04/19/2005
RESPONSE to order re 29 Rule 16 Notice filed by Bret D. Landrith on behalf of Plaintiff Medical Supply Chain, Inc. (Related document(s) 29 ) (Landrith, Bret) Modified on 4/20/2005 (Sullivan, Tanya). DOCUMENT DELETED - ATTORNEY CONTACTED AND ASKED TO REFILE THE DOCUMENT USING CORRECT EVENT. (Entered: 04/19/2005)
04/19/2005
04/20/2005
40 MOTION to compel Appearance filed byBret D. Landrith on behalf of Medical Supply Chain, Inc Suggestions in opposition/response due by 5/4/2005 unless otherwise directed by the court (Landrith, Bret) (Entered: 04/19/2005) NOTICE OF DOCKET MODIFICATION. A modification has been made to the documents filed on 4/19/05 as REPLY SUGGESTIONS (#36), REPLY SUGGESTIONS (#37), REPLY SUGGESTIONS (#38), RESPONSE (#39). These
https://ecf.mowd.uscourts.gov/cgi-bin/DktRpt.pl?820614583329432-L_801_0-1
Page 9 of 12
39
CM/ECF Western District of Missouri
12/2/08 8:49 PM
documents have been deleted from the entry and will need to be refiled using the correct events. Counsel has been contacted and asked to refile the document using the correct events. Documents #36, 37 and 38 should be Suggestions in Opposition and document #39 should be Disclosure of Corporate Interests. This is a text entry only no document is attached. (Sullivan, Tanya) (Entered: 04/20/2005) 04/20/2005
41 ORDER denying 40 Plaintiff's Motion for United States Marshal Service of Process. Signed by Judge Ortrie D. Smith on 04/20/2005. (Will-Fees, Eva) (Entered: 04/20/2005)
04/20/2005
42 SUGGESTIONS in opposition re 26 MOTION to reassign/transfer case Venue or Alternatively Motion to Dismiss Complaint for Failure to State a Claim filed by Bret D. Landrith on behalf of Plaintiff Medical Supply Chain, Inc. Reply suggestions due by 5/5/2005 unless otherwise directed by the court (Attachments: # 1 Exhibit Neoforma disclosure announcement# 2 Exhibit Affidavit of Sam Lipari Against Transfer# 3 Exhibit Letter to Tenth Circuit Clerk# 4 Exhibit Letter to Judge Lungstrum)(Related document(s) 26 ) (Landrith, Bret) (Entered: 04/20/2005)
04/20/2005
43 SUGGESTIONS in opposition re 25 MOTION to dismiss case and/or strike and suggestions in support, 18 MOTION to dismiss case Motion to Transfer, Dismiss and/or Strike filed by Bret D. Landrith on behalf of Plaintiff Medical Supply Chain, Inc. Reply suggestions due by 5/5/2005 unless otherwise directed by the court (Related document(s) 25 , 18 ) (Landrith, Bret) (Entered: 04/20/2005)
04/20/2005
44 SUGGESTIONS in opposition re 15 MOTION to dismiss case or Alternatively to Require Amendment, Pursuant to F.R.C.P. Rules 8 and 9 filed by Bret D. Landrith on behalf of Plaintiff Medical Supply Chain, Inc. Reply suggestions due by 5/5/2005 unless otherwise directed by the court (Related document(s) 15 ) (Landrith, Bret) (Entered: 04/20/2005)
04/20/2005
45 DISCLOSURE OF CORPORATE INTERESTS filed by Bret D. Landrith on behalf of Plaintiff Medical Supply Chain, Inc.(Landrith, Bret) (Entered: 04/20/2005)
04/22/2005
46 REPLY SUGGESTIONS to motion re 13 MOTION to dismiss for lack of jurisdiction filed by John Kenneth Power on behalf of Defendant Robert J Zollars. (Related document(s) 13 ) (Power, John) (Entered: 04/22/2005)
04/26/2005
47 REPLY SUGGESTIONS to motion re 23 MOTION to dismiss for lack of jurisdiction and for Failure to State a Claim filed by John Kenneth Power on behalf of Defendants Curt Nonomaque, Robert J Baker. (Related document(s) 23 ) (Power, John) (Entered: 04/26/2005)
05/04/2005
48 REPLY SUGGESTIONS to motion re 18 MOTION to dismiss case Motion to Transfer, Dismiss and/or Strike Defendants' Reply in Support of Motion to Transfer, Dismiss and/or Strike filed by Mark A. Olthoff on behalf of Defendants US Bancorp, NA, US Bank NA, Jerry A Grundhoffer, Andrew Cesere, Piper Jaffray Companies, Andrew S Duff. (Related document(s) 18 ) (Olthoff, Mark) (Entered: 05/04/2005)
05/05/2005
49 REPLY SUGGESTIONS to motion re 15 MOTION to dismiss case or Alternatively to Require Amendment, Pursuant to F.R.C.P. Rules 8 and 9 filed by John K. Power on behalf of Defendant Neoforma, Inc. (Related document(s) 15 ) (Power, John) (Entered:
https://ecf.mowd.uscourts.gov/cgi-bin/DktRpt.pl?820614583329432-L_801_0-1
Page 10 of 12
40
CM/ECF Western District of Missouri
12/2/08 8:49 PM
05/05/2005) 05/05/2005
50 REPLY SUGGESTIONS to motion re 26 MOTION to reassign/transfer case Venue or Alternatively Motion to Dismiss Complaint for Failure to State a Claim filed by John K. Power on behalf of Defendants Novation LLC, Volunteer Hospital Association, University Healthsystem Consortium. (Related document(s) 26 ) (Power, John) (Entered: 05/05/2005)
05/10/2005
51 NOTICE of filing by Medical Supply Chain, Inc of defendants' threat of sanctions (Attachments: # 1 Exhibit Olthoff Letter to Landrith# 2 Exhibit US Bancorp Motion for sanctions# 3 Exhibit Suggestion in Support of Sanctions)(Landrith, Bret) (Entered: 05/10/2005)
05/18/2005
52 NOTICE of filing by Medical Supply Chain, Inc of Second threat of sanctions (Attachments: # 1 Exhibit Powers Letter to Landrith# 2 Exhibit Motion for sanctions# 3 Exhibit Suggestion in support of sanctions)(Landrith, Bret) (Entered: 05/18/2005)
06/03/2005
53 MOTION for sanctions filed byMark A. Olthoff on behalf of US Bancorp, NA, US Bank NA, Jerry A Grundhoffer, Andrew Cesere, Piper Jaffray Companies, Andrew S Duff Suggestions in opposition/response due by 6/20/2005 unless otherwise directed by the court (Olthoff, Mark) (Entered: 06/03/2005)
06/03/2005
54 SUGGESTIONS in support re 53 MOTION for sanctions filed by Mark A. Olthoff on behalf of Defendants US Bancorp, NA, US Bank NA, Jerry A Grundhoffer, Andrew Cesere, Piper Jaffray Companies, Andrew S Duff. (Attachments: # 1 Exhibit Memorandum and Order# 2 Exhibit Order and Judgment# 3 Exhibit Order# 4 Exhibit)(Related document(s) 53 ) (Olthoff, Mark) (Entered: 06/03/2005)
06/06/2005
55 MOTION to stay Defendants' Motion to Stay Rule 26(f) Conference and Discovery filed byJohn K. Power on behalf of Novation LLC Suggestions in opposition/response due by 6/21/2005 unless otherwise directed by the court (Attachments: # 1 Exhibit A email from Bret Landrith)(Power, John) (Entered: 06/06/2005)
06/07/2005
56 SUGGESTIONS in opposition re 55 MOTION to stay Defendants' Motion to Stay Rule 26(f) Conference and Discovery filed by Bret D. Landrith on behalf of Plaintiff Medical Supply Chain, Inc. Reply suggestions due by 6/22/2005 unless otherwise directed by the court (Attachments: # 1 Exhibit 1 Rule 26 Disclosure Notice# 2 Exhibit Exb 2 Leter for conference)(Related document(s) 55 ) (Landrith, Bret) (Entered: 06/07/2005)
06/09/2005
57 Motion to allow Bruce Blefeld to appear pro hac vice (Pro Hac fee $50 receipt number 230749) filed byJohn K. Power on behalf of Novation LLC, Volunteer Hospital Association, Curt Nonomaque, University Healthsystem Consortium, Robert J Baker (Power, John) (Entered: 06/09/2005)
06/09/2005
58 Motion to allow Kathleen Spangler to appear pro hac vice (Pro Hac fee $50 receipt number 230748) filed byJohn K. Power on behalf of Novation LLC, Volunteer Hospital Association, Curt Nonomaque, University Healthsystem Consortium, Robert J Baker (Power, John) (Entered: 06/09/2005)
06/15/2005
59 ORDER granting 26 motion to transfer case to the District of Kansas.. Signed by
https://ecf.mowd.uscourts.gov/cgi-bin/DktRpt.pl?820614583329432-L_801_0-1
Page 11 of 12
41
CM/ECF Western District of Missouri
12/2/08 8:49 PM
Judge Ortrie D. Smith on 6/15/05. (Kee, Georgia) Additional attachment(s) added on 6/15/2005 (Kee, Georgia). (Entered: 06/15/2005) 06/17/2005
60 SUGGESTIONS in opposition re 53 MOTION for sanctions filed by Bret D. Landrith on behalf of Plaintiff Medical Supply Chain, Inc. Reply suggestions due by 7/5/2005 unless otherwise directed by the court (Attachments: # 1 Exhibit Suggestion opposing US Bancorp# 2 Exhibit Suggestion opposing Novation# 3 Exhibit Petition for cert)(Related document(s) 53 ) (Landrith, Bret) (Entered: 06/17/2005)
06/27/2005
61 MOTION for reconsideration of transfer filed byBret D. Landrith on behalf of Medical Supply Chain, Inc Suggestions in opposition/response due by 7/12/2005 unless otherwise directed by the court (Landrith, Bret) (Entered: 06/27/2005)
07/11/2005
62 SUGGESTIONS in opposition re 61 MOTION for reconsideration of transfer filed by Mark A. Olthoff on behalf of Defendants US Bancorp, NA, US Bank NA, Jerry A Grundhoffer, Andrew Cesere, Piper Jaffray Companies, Andrew S Duff, Shughart Thomson & Kilroy, P.C., Watkins Boulware, PC, Novation LLC, Neoforma, Inc, Robert J Zollars, Volunteer Hospital Association, Curt Nonomaque, University Healthsystem Consortium, Robert J Baker. Reply suggestions due by 7/26/2005 unless otherwise directed by the court (Related document(s) 61 ) (Olthoff, Mark) (Entered: 07/11/2005)
08/01/2005
63 ORDER denying 61 Plaintiff motion for reconsideration. Signed by Judge Ortrie D. Smith on 08/01/2005. (Will-Fees, Eva) (Entered: 08/01/2005)
PACER Service Center Transaction Receipt 12/02/2008 20:49:11 PACER Login: la1630 Description:
Client Code:
Docket Report Search Criteria: 4:05-cv-00210-ODS
Billable Pages: 9
Cost:
https://ecf.mowd.uscourts.gov/cgi-bin/DktRpt.pl?820614583329432-L_801_0-1
0.72
Page 12 of 12
42
District of Kansas
12/2/08 6:22 PM
APPEAL, CASREF
U.S. District Court District of Kansas (Kansas City) CIVIL DOCKET FOR CASE #: 2:05-cv-02299-CM-GLR Medical Supply Chain, Inc. v. Neoforma, Inc. et al Assigned to: District Judge Carlos Murguia Referred to: Magistrate Judge Gerald L. Rushfelt Case in other court: 10CCA, 08-03187 10CCA, 06-03331 Cause: 15:1 Antitrust Litigation
Date Filed: 07/14/2005 Date Terminated: 10/24/2006 Jury Demand: Defendant Nature of Suit: 410 Anti-Trust Jurisdiction: Federal Question
Plaintiff Medical Supply Chain, Inc.
represented by Medical Supply Chain, Inc. 297 NE Bayview Lee Summit, Mo 64064 PRO SE Bret D. Landrith PSUSBSID-NOMAIL 0 785-876-2233 Fax: 785-267-4084 Email:
[email protected] TERMINATED: 02/02/2006 Ira Dennis Hawver Law Office of Dennis Hawver 6993 Highway 92 Ozawkie , KS 66070 785-876-2233 Fax: 785-876-3038 Email:
[email protected] TERMINATED: 03/04/2008
V. Defendant Neoforma, Inc.
represented by Janice Vaughn Mock Nossaman, Guthner, Knox & Elliott, LLP 50 California Street, 34th Floor San Francisco , CA 94111
https://ecf.ksd.uscourts.gov/cgi-bin/DktRpt.pl?940124925852333-L_801_0-1
Page 1 of 20
43
Supp. Apdx. 6
District of Kansas
12/2/08 6:22 PM
415-398-3600 Fax: 415-398-2438 Email:
[email protected] LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED John K. Power Husch Blackwell Sanders LLP -- 1200 Main St. 1200 Main Street, Suite 2300 Kansas City , MO 64105 816-421-4800 Fax: 816-421-0596 Email:
[email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Sophie N. Froelich Nossaman, Guthner, Knox & Elliott, LLP 50 California Street, 34th Floor San Francisco , CA 94111 415-398-3600 Fax: 415-398-2438 Email:
[email protected] LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED Stephen N. Roberts Nossaman, Guthner, Knox & Elliott, LLP 50 California Street, 34th Floor San Francisco , CA 94111 415-398-3600 Fax: 415-398-2438 Email:
[email protected] LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED Defendant Robert J. Zollars
represented by Janice Vaughn Mock (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
https://ecf.ksd.uscourts.gov/cgi-bin/DktRpt.pl?940124925852333-L_801_0-1
Page 2 of 20
44
District of Kansas
12/2/08 6:22 PM
John K. Power (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Sophie N. Froelich (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED Stephen N. Roberts (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED Defendant Volunteer Hospital Association
represented by John K. Power (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Defendant Curt Nonomaque
represented by John K. Power (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Defendant University Healthsystem Consortium
represented by John K. Power (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Defendant Robert J. Baker
represented by John K. Power (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Defendant US Bancorp N A
represented by Andrew M. DeMarea Shughart Thomson & Kilroy, PC Overland Park 32 Corporate Woods
https://ecf.ksd.uscourts.gov/cgi-bin/DktRpt.pl?940124925852333-L_801_0-1
Page 3 of 20
45
District of Kansas
12/2/08 6:22 PM
9225 Indian Creek Parkway, Suite #1100 Overland Park , KS 66210 913-451-3355 Fax: 913-451-3361 Email:
[email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Mark A. Olthoff Shughart Thomson & Kilroy, PC - KC Twelve Wyandotte Plaza 120 West 12th Street, Suite #1700 Kansas City , MO 64105-1918 816-421-3355 Fax: 816-374-0509 Email:
[email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Jonathan H. Gregor Shook, Hardy & Bacon LLP - Kansas City/Grand 2555 Grand Boulevard Kansas City , MO 64108-2613 816-474-6550 Fax: 816-421-5547 Email:
[email protected] Defendant US Bank NA
represented by Mark A. Olthoff (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Defendant Jerry A. Grundhoffer
represented by Andrew M. DeMarea (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Mark A. Olthoff (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Jonathan H. Gregor (See above for address)
https://ecf.ksd.uscourts.gov/cgi-bin/DktRpt.pl?940124925852333-L_801_0-1
Page 4 of 20
46
District of Kansas
12/2/08 6:22 PM
Defendant Andrew Cesere
represented by Andrew M. DeMarea (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Mark A. Olthoff (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Jonathan H. Gregor (See above for address)
Defendant Piper Jaffray Companies
represented by Andrew M. DeMarea (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Mark A. Olthoff (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Jonathan H. Gregor (See above for address)
Defendant Andrew S. Duff
represented by Andrew M. DeMarea (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Mark A. Olthoff (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Jonathan H. Gregor (See above for address)
Defendant Shughart, Thomson & Kilroy, P.C.
represented by Kathleen A. Hardee Shughart Thomson & Kilroy, PC - KC Twelve Wyandotte Plaza
https://ecf.ksd.uscourts.gov/cgi-bin/DktRpt.pl?940124925852333-L_801_0-1
Page 5 of 20
47
District of Kansas
12/2/08 6:22 PM
120 West 12th Street, Suite #1700 Kansas City , MO 64105-1918 816-421-3355X3644 Fax: 816-374-0509 Email:
[email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Defendant Watkins Boulware, PC Defendant Novation LLC
represented by John K. Power (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Interested Party Samuel K. Lipari
represented by Samuel K. Lipari 3520 NE Akin Boulevard Suite 918 Lee's Summit, MO 64201 PRO SE Ira Dennis Hawver (See above for address) TERMINATED: 01/29/2008
Date Filed
#
Docket Text
07/14/2005
Case transferred in from District of Missouri; Case Number 05-210. Case is an electroncially transfer case. (mm) (Entered: 07/14/2005)
07/14/2005
1 COMPLAINT filed by Medical Supply Chain, Inc. (Originally filed in Western District of Missouri on 3/9/05)(mm) (Entered: 07/14/2005)
07/14/2005
2 MOTION to Dismiss for Lack of Jurisdiction by Defendant Robert J. Zollars (Originally filed in Western District of Missouri on 4/4/05)(mm) (Entered: 07/14/2005)
07/14/2005
3 MEMORANDUM IN SUPPORT of 2 MOTION to Dismiss for Lack of Jurisdiction by Defendant Robert J. Zollars (Originally filed in Western District of Missouri on 4/4/05)(mm) (Entered: 07/14/2005)
07/14/2005
4 MOTION to Dismiss or Alternatively to Require Amendment Pursuant to FRCP Rules 8 and 9 by Defendant Neoforma, Inc. (Originally filed in Western District of Missouri on 4/4/05)(mm) (Entered: 07/14/2005)
https://ecf.ksd.uscourts.gov/cgi-bin/DktRpt.pl?940124925852333-L_801_0-1
Page 6 of 20
48
District of Kansas
12/2/08 6:22 PM
07/14/2005
5 MEMORANDUM IN SUPPORT of 4 MOTION to Dismiss (Originally filed in Western District of Missouri on 4/4/05(mm) (Entered: 07/14/2005)
07/14/2005
6 MOTION to Dismiss by Defendants US Bancorp N A, US Bank NA, Jerry A. Grundhoffer, Andrew Cesere, Piper Jaffray Companies, Andrew S. Duff (Originally filed in Western District of Missouri on 4/4/05)(mm) (Entered: 07/14/2005)
07/14/2005
7 MEMORANDUM IN SUPPORT of 6 MOTION to Dismiss (Originally filed in Western District of Missouri on 4/4/05)(mm) (Entered: 07/14/2005)
07/14/2005
8 ANSWER to Complaint with Jury Demand by Jerry A. Grundhoffer.(Originally filed in Western District of Missouri on 4/4/05) (mm) (Entered: 07/14/2005)
07/14/2005
9 ANSWER to Complaint with Jury Demand by Andrew Cesere. (Originally filed in Western District of Missouri on 4/4/05)(mm) (Entered: 07/14/2005)
07/14/2005
10 ANSWER to Complaint with Jury Demand by Andrew S. Duff. (Originally filed in Western District of Missouri on 4/4/05)(mm) (Entered: 07/14/2005)
07/14/2005
11 MOTION to Dismiss for Lack of Jurisdiction by Defendants Curt Nonomaque, Robert J. Baker. (Originally filed in Western District of Missouri on 4/4/05) (mm) (Entered: 07/14/2005)
07/14/2005
12 MEMORANDUM IN SUPPORT of 11 MOTION to Dismiss for Lack of Jurisdiction by Defendants Curt Nonomaque, Robert J. Baker. (Originally filed in Western District of Missouri on 4/4/05)(mm) (Entered: 07/14/2005)
07/14/2005
13 MOTION to Dismiss by Defendant Shughart, Thomson & Kilroy, P.C. (Originally filed in Western District of Missouri on 4/4/05)(mm) (Entered: 07/14/2005)
07/14/2005
14 MEMORANDUM in Opposition by Plaintiff Medical Supply Chain, Inc. re 2 MOTION to Dismiss for Lack of Jurisdiction (Originally filed in Western District of Missouri on 4/11/05)(mm) (Entered: 07/14/2005)
07/14/2005
15 MEMORANDUM in Opposition by Plaintiff Medical Supply Chain, Inc. re 11 MOTION to Dismiss for Lack of Jurisdiction (Originally filed in Western District of Missouri on 4/11/05)(mm) (Entered: 07/14/2005)
07/14/2005
16 MEMORANDUM in Opposition by Plaintiff Medical Supply Chain, Inc. re 13 MOTION to Dismiss (Originally filed in Western District of Missouri on 4/20/05)(mm) (Entered: 07/14/2005)
07/14/2005
17 MEMORANDUM in Opposition by Plaintiff Medical Supply Chain, Inc. re 4 MOTION to Dismiss (Originally filed in Western District of Missouri on 4/20/05)(mm) (Entered: 07/14/2005)
07/14/2005
18 REPLY to Response to Motion by Defendant Robert J. Zollars re: 2 MOTION to Dismiss for Lack of Jurisdiction (Originally filed in Western District of Missouri on 4/22/05)(mm) (Entered: 07/14/2005)
07/14/2005
19 REPLY to Response to Motion by Defendants Curt Nonomaque, Robert J. Baker re: 11 MOTION to Dismiss for Lack of Jurisdiction (Originally filed in Western District of Missouri on 4/26/05)(mm) (Entered: 07/14/2005)
https://ecf.ksd.uscourts.gov/cgi-bin/DktRpt.pl?940124925852333-L_801_0-1
Page 7 of 20
49
District of Kansas
12/2/08 6:22 PM
07/14/2005
20 REPLY to Response to Motion by Defendants US Bancorp N A, US Bank NA, Jerry A. Grundhoffer, Andrew Cesere, Piper Jaffray Companies, Andrew S. Duff re: 6 MOTION to Dismiss (Originally filed in Western District of Missouri on 5/4/05)(mm) (Entered: 07/14/2005)
07/14/2005
21 REPLY to Response to Motion by Defendant Neoforma, Inc. re: 4 MOTION to Dismiss (Originally filed in Western District of Missouri on 5/5/05)(mm) (Entered: 07/14/2005)
07/14/2005
22 MOTION for Sanctions by Defendants US Bancorp N A, US Bank NA, Jerry A. Grundhoffer, Andrew Cesere, Piper Jaffray Companies, Andrew S. Duff (Originally filed in Western District of Missouri on 6/3/05)(mm) (Entered: 07/14/2005)
07/14/2005
23 MEMORANDUM IN SUPPORT of 22 MOTION for Sanctions by Defendants US Bancorp N A, US Bank NA, Jerry A. Grundhoffer, Andrew Cesere, Piper Jaffray Companies, Andrew S. Duff (Originally filed in Western District of Missouri on 6/3/05)(mm) (Entered: 07/14/2005)
07/14/2005
24 MOTION to Stay Rule 26 Conference and Discovery by Defendant Novation LLC (Originally filed in Western District of Missouri on 6/6/05)(mm) (Entered: 07/14/2005)
07/14/2005
25 MEMORANDUM in Opposition by Plaintiff Medical Supply Chain, Inc. re 24 MOTION to Stay (Originally filed in Western District of Missouri on 6/7/05)(mm) (Entered: 07/14/2005)
07/14/2005
26 ORDER transferring case to the District of Kansas. (Originally filed in Western District of Missouri on 6/15/05)(mm) (Entered: 07/14/2005)
07/14/2005
27 MEMORANDUM in Opposition by Plaintiff Medical Supply Chain, Inc. re 22 MOTION for Sanctions (Originally filed in Western District of Missouri on 6/17/05)(mm) (Entered: 07/14/2005)
07/14/2005
28 MOTION for Reconsideration of transfer to District of Kansas by Plaintiff Medical Supply Chain, Inc. (Originally filed in Western District of Missouri on 6/27/05)(mm) (Entered: 07/14/2005)
07/14/2005
29 MEMORANDUM in Opposition by Defendants US Bancorp N A, US Bank NA, Jerry A. Grundhoffer, Andrew Cesere, Piper Jaffray Companies, Andrew S. Duff re 28 MOTION for Reconsideration (Originally filed in Western District of Missouri on 7/11/05)(mm) (Entered: 07/14/2005)
07/14/2005
ORDER REFERRING CASE to Magistrate Judge Gerald L. Rushfelt (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry)(mm) (Entered: 07/14/2005)
07/20/2005
30 REPLY to Response to Motion by Plaintiff Medical Supply Chain, Inc. re: 28 MOTION for Reconsideration of transfer (Attachments: # 1 Affidavit Sam Lipari)(Landrith, Bret) (Entered: 07/20/2005)
07/20/2005
31 DESIGNATION OF PLACE OF TRIAL filed by Defendants US Bancorp N A, US
https://ecf.ksd.uscourts.gov/cgi-bin/DktRpt.pl?940124925852333-L_801_0-1
Page 8 of 20
50
District of Kansas
12/2/08 6:22 PM
Bank NA, Jerry A. Grundhoffer, Andrew Cesere, Piper Jaffray Companies, Andrew S. Duff - trial to be held in Kansas City, Kansas. (DeMarea, Andrew) (Entered: 07/20/2005) 07/25/2005
32 RENEWED MOTION to Dismiss and/or Strike by Defendants US Bancorp N A, US Bank NA, Jerry A. Grundhoffer, Andrew Cesere, Piper Jaffray Companies, Andrew S. Duff(Olthoff, Mark) Title modified on 7/26/2005 (ck ). (Entered: 07/25/2005)
07/27/2005
33 DESIGNATION OF PLACE OF TRIAL filed by Defendant Shughart, Thomson & Kilroy, P.C. - trial to be held in Kansas City, Kansas. (Hardee, Kathleen) (Entered: 07/27/2005)
08/09/2005
34 RENEWED MOTION to Dismiss Complaint for Failure to State a Claim by Defendants Volunteer Hospital Association, Curt Nonomaque, University Healthsystem Consortium, Robert J. Baker and Novation LLC(Power, John) (Entered: 08/09/2005)
08/09/2005
35 MEMORANDUM IN SUPPORT of 34 MOTION to Dismiss Complaint for Failure to State a Claim by Defendants Volunteer Hospital Association, Curt Nonomaque, University Healthsystem Consortium, Robert J. Baker, Novation LLC(Power, John) (Entered: 08/09/2005)
08/09/2005
36 MOTION for Sanctions by Defendants Volunteer Hospital Association, Curt Nonomaque, University Healthsystem Consortium, Robert J. Baker and Novation LLC(Power, John) (Entered: 08/09/2005)
08/09/2005
37 MEMORANDUM IN SUPPORT of 36 MOTION for Sanctions by Defendants Volunteer Hospital Association, Curt Nonomaque, University Healthsystem Consortium, Robert J. Baker, Novation LLC(Power, John) (Entered: 08/09/2005)
08/09/2005
38 MOTION to Strike 32 Defendant's Renewed Motion to Dismiss and/or Strike Second Dismissal Motion by Plaintiff Medical Supply Chain, Inc. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6# 7 Exhibit 8)(Landrith, Bret) (Entered: 08/09/2005)
08/09/2005
39 MOTION to Consolidate Cases by Plaintiff Medical Supply Chain, Inc.(Landrith, Bret) (Entered: 08/09/2005)
08/15/2005
40 MEMORANDUM in Opposition by Defendants US Bancorp N A, US Bank NA, Jerry A. Grundhoffer, Andrew Cesere, Piper Jaffray Companies, Andrew S. Duff re Plaintiff's 38 Motion to Strike 32 Defendant's Renewed Motion to Dismiss and/or Strike (Olthoff, Mark) Modified on 8/17/2005 to create relationship link to motion to strike. (ck ). (Entered: 08/15/2005)
08/29/2005
41 ORDER REFERRING MOTION: 24 MOTION to Stay referred to Magistrate Judge Gerald L. Rushfelt. By Judge Kathryn H. Vratil on 08/29/05. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry)(ls) (Entered: 08/29/2005)
08/29/2005
42 MOTION to Amend/Correct GE Defendants' Consolidation Letter by Plaintiff Medical Supply Chain, Inc. (Attachments: # 1 Exhibit Exb 1# 2 Exhibit Exb
https://ecf.ksd.uscourts.gov/cgi-bin/DktRpt.pl?940124925852333-L_801_0-1
Page 9 of 20
51
District of Kansas
12/2/08 6:22 PM
2)(Landrith, Bret) (Entered: 08/29/2005) 08/30/2005
43 MOTION to Strike Novation Defendants' 34 Renewed Motion to Dismiss by Plaintiff Medical Supply Chain, Inc. (Attachments: # 1 Exhibit 1# 2 Exhibit Exb 2# 3 Exhibit Exb 3 A# 4 Exhibit Exb 3 B# 5 Exhibit Exb 4)(Landrith, Bret) Modified on 8/31/2005 to create relationship link to motion (ck ). (Entered: 08/30/2005)
08/30/2005
44 RESPONSE by Plaintiff Medical Supply Chain, Inc. re 36 MOTION for Sanctions (Attachments: # 1 Exhibit Exb 1# 2 Exhibit Exb 2)(Landrith, Bret) (Entered: 08/30/2005)
08/31/2005
45 MOTION to Clarify Consolidation Order by Plaintiff Medical Supply Chain, Inc. (Attachments: # 1 Exhibit Exb 1# 2 Exhibit Exb 2)(Landrith, Bret) (Entered: 08/31/2005)
09/06/2005
46 MOTION for Summary Judgment (First Motion for Partial Summary Judgment) by Plaintiff Medical Supply Chain, Inc.(Landrith, Bret) (Entered: 09/06/2005)
09/06/2005
47 MEMORANDUM IN SUPPORT of 46 MOTION for Summary Judgment (First Motion for Partial Summary Judgment) by Plaintiff Medical Supply Chain, Inc.(Landrith, Bret) (Entered: 09/06/2005)
09/06/2005
48 EXHIBIT(S) IN SUPPORT of 46 MOTION for Summary Judgment (First Partial Motion) by Plaintiff Medical Supply Chain, Inc. Memorandum Exhibits (Attachments: # 1 Exhibit Exb 3# 2 Exhibit Exb 4# 3 Exhibit Exb 5# 4 Exhibit Exb 6# 5 Exhibit Exb 7# 6 Exhibit Exb 8# 7 Supplement FBI Complaint# 8 Supplement Sup 1 Atch 1# 9 Supplement Sup 1 Atch 2# 10 Supplement Sup 1 Atch 3# 11 Supplement Sup 1 Atch 4# 12 Supplement Sup 1 Atch 5# 13 Supplement Sup 1 Atch 6# 14 Supplement Sup 1 Atch 8# 15 Supplement Sup 1 Atch 8# 16 Supplement Sup 1 Atch 10# 17 Supplement Sup 1 Atch 11# 18 Supplement Sup 1 Atch 12# 19 Supplement Sup 1 Atch 13)(Landrith, Bret) (Entered: 09/06/2005)
09/15/2005
49 MOTION for Joinder of GE Defendants by Plaintiff Medical Supply Chain, Inc.(Landrith, Bret) (Entered: 09/15/2005)
09/16/2005
50 MEMORANDUM in Opposition by Defendants Volunteer Hospital Association, Curt Nonomaque, University Healthsystem Consortium, Robert J. Baker, Novation LLC re 43 MOTION to Strike Novation Defendants' 2nd Motion to Dismiss (Power, John) (Entered: 09/16/2005)
09/29/2005
51 MEMORANDUM in Opposition by Defendants US Bancorp N A, US Bank NA, Jerry A. Grundhoffer, Andrew Cesere, Piper Jaffray Companies, Andrew S. Duff re 46 MOTION for Summary Judgment (First Partial Motion) (Olthoff, Mark) (Entered: 09/29/2005)
09/29/2005
52 MEMORANDUM in Opposition by Defendant Shughart, Thomson & Kilroy, P.C. re 46 MOTION for Summary Judgment (First Partial Motion) (Attachments: # 1)(Hardee, Kathleen) (Entered: 09/29/2005)
09/29/2005
53 MEMORANDUM in Opposition by Defendants US Bancorp N A, US Bank NA, Jerry A. Grundhoffer, Andrew Cesere, Piper Jaffray Companies, Andrew S. Duff re
https://ecf.ksd.uscourts.gov/cgi-bin/DktRpt.pl?940124925852333-L_801_0-1
Page 10 of 20
52
District of Kansas
12/2/08 6:22 PM
49 MOTION for Joinder of GE Defendants (Olthoff, Mark) (Entered: 09/29/2005) 09/29/2005
54 MEMORANDUM in Opposition by Defendants Volunteer Hospital Association, Curt Nonomaque, University Healthsystem Consortium, Robert J. Baker, Novation LLC re 46 MOTION for Summary Judgment (First Partial Motion) (Power, John) (Entered: 09/29/2005)
09/29/2005
55 MEMORANDUM in Opposition by Defendants Neoforma, Inc., Robert J. Zollars re 46 MOTION for Summary Judgment (First Partial Motion) (Power, John) (Entered: 09/29/2005)
10/09/2005
56 MOTION to Substitute Party by Plaintiff Medical Supply Chain, Inc. (Attachments: # 1 Exhibit 1# 2 Exhibit 2)(Landrith, Bret) (Entered: 10/09/2005)
10/11/2005
57 MOTION to Substitute Party by Plaintiff Medical Supply Chain, Inc. (Attachments: # 1 Exhibit 1 Neoforma Sale to GHX# 2 Exhibit Paragraphs Identifying GHX)(Landrith, Bret) (Entered: 10/11/2005)
10/17/2005
58 REPLY to Response to Motion by Plaintiff Medical Supply Chain, Inc. re: 46 MOTION for Summary Judgment (First Partial Motion) (Attachments: # 1 Exhibit 1 Order)(Landrith, Bret) (Entered: 10/17/2005)
10/17/2005
59 MOTION to Withdraw as Attorney by Plaintiff Medical Supply Chain, Inc.(Landrith, Bret) (Entered: 10/17/2005)
10/17/2005
60 EXHIBIT(S) IN SUPPORT of 59 MOTION to Withdraw as Attorney by Plaintiff Medical Supply Chain, Inc. (Landrith, Bret) (Entered: 10/17/2005)
10/20/2005
61 ORDER REASSIGNING CASE. Case reassigned to Judge Carlos Murguia for all further proceedings. Judge Kathryn H. Vratil no longer assigned to case. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry)(ls) (Entered: 10/20/2005)
10/21/2005
62 MEMORANDUM in Opposition by Defendants Volunteer Hospital Association, Curt Nonomaque, University Healthsystem Consortium, Robert J. Baker, US Bancorp N A, US Bank NA, Jerry A. Grundhoffer, Andrew Cesere, Piper Jaffray Companies, Andrew S. Duff, Shughart, Thomson & Kilroy, P.C., Watkins Boulware, PC, Novation LLC, Neoforma, Inc., Robert J. Zollars re 56 MOTION to Substitute Party (Olthoff, Mark) (Entered: 10/21/2005)
10/24/2005
63 RESPONSE by Defendants Volunteer Hospital Association, Curt Nonomaque, University Healthsystem Consortium, Robert J. Baker, Novation LLC re 57 MOTION to Substitute Party (Power, John) (Entered: 10/24/2005)
10/25/2005
64 RESPONSE by Defendant Neoforma, Inc. re 57 MOTION to Substitute Party (Power, John) (Entered: 10/25/2005)
11/15/2005
65 NOTICE of Related Action by Medical Supply Chain, Inc. (Attachments: # 1 Exhibit Exhibit)(Landrith, Bret) (Entered: 11/15/2005)
11/16/2005
66 ORDER denying without prejudice 59 Counsel Landrith's Motion to Withdraw as Attorney. Signed by Magistrate Judge Gerald L. Rushfelt on 11/16/2005.(jm)
https://ecf.ksd.uscourts.gov/cgi-bin/DktRpt.pl?940124925852333-L_801_0-1
Page 11 of 20
53
District of Kansas
12/2/08 6:22 PM
(Entered: 11/16/2005) 12/16/2005
67 MOTION for attorney Stephen N. Roberts to appear pro hac vice by Defendants Neoforma, Inc., Robert J. Zollars (Attachments: # 1 Affidavit)(Power, John) (Entered: 12/16/2005)
12/16/2005
68 MOTION for attorney Sophie N. Froelich to appear pro hac vice by Defendants Neoforma, Inc., Robert J. Zollars (Attachments: # 1 Affidavit)(Power, John) (Entered: 12/16/2005)
12/16/2005
69 MOTION for attorney Janice Vaughn Mock to appear pro hac vice by Defendants Neoforma, Inc., Robert J. Zollars (Attachments: # 1 Affidavit)(Power, John) (Entered: 12/16/2005)
12/16/2005
PRO HAC VICE FEE PAID: On 12/16/2005 in the amount of $50.00 re: 67 MOTION for attorney Stephen N. Roberts to appear pro hac vice. Receipt Number 000654. (THIS IS A TEXT ONLY ENTRY-NO DOCUMENT IS ASSOCIATED WITH THIS TRANSACTION) (Entered: 12/16/2005)
12/16/2005
PRO HAC VICE FEE PAID: On 12/16/2005 in the amount of $50.00 re: 68 MOTION for attorney Sophie N. Froelich to appear pro hac vice. Receipt Number 000653. (THIS IS A TEXT ONLY ENTRY-NO DOCUMENT IS ASSOCIATED WITH THIS TRANSACTION) (kao) (Entered: 12/16/2005)
12/16/2005
PRO HAC VICE FEE PAID: On 12/16/2005 in the amount of $50.00 re: 69 MOTION for attorney Janice Vaughn Mock to appear pro hac vice. Receipt Number 000651. (THIS IS A TEXT ONLY ENTRY-NO DOCUMENT IS ASSOCIATED WITH THIS TRANSACTION) (kao) (Entered: 12/16/2005)
01/04/2006
70 ORDER granting 67 , 68 , and 69 Motions to Appear Pro Hac Vice. Stephen N. Roberts, Sophie N. Froelich, and Janice Vaughn Mock are granted leave to appear pro hac vice on behalf of Neoforma, Inc. and Robert J. Zollars. If pro hac vice counsel has not already done so, counsel is directed to immediately register for electronic notification pursuant to the court's Administrative Procedures by completing a registration form at www.ksd.uscourts.gov/features/forms/pdfforms/efilereg.pdf. Signed by Magistrate Judge Gerald L. Rushfelt on 01/03/06. (mg) (Entered: 01/04/2006)
01/19/2006
71 ORDER Plaintiff's counsel, Bret Landrith, to file a Motion to Withdraw as Counsel that complies with Local Rule 83.5.5, on or before January 30, 2006. Signed by Judge Carlos Murguia on 1/18/2006.(js) (Entered: 01/19/2006)
01/30/2006
72 Second MOTION to Withdraw as Attorney by Plaintiff Medical Supply Chain, Inc. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3)(Landrith, Bret) (Entered: 01/30/2006)
02/02/2006
73 ORDER granting in part and denying in part 72 Motion to Withdraw as Attorney. Signed by Judge Carlos Murguia on 2/2/06. (yh, ). (Entered: 02/02/2006)
02/07/2006
74 CERTIFIED MAIL RECEIPT 7002 2030 0000 9349 8496 returned addressed to Bret Landrith (js) (Entered: 02/07/2006)
https://ecf.ksd.uscourts.gov/cgi-bin/DktRpt.pl?940124925852333-L_801_0-1
Page 12 of 20
54
District of Kansas
12/2/08 6:22 PM
02/07/2006
75 ENTRY OF APPEARANCE by Ira Dennis Hawver on behalf of Medical Supply Chain, Inc. (Hawver, Ira) (Entered: 02/07/2006)
02/21/2006
76 MOTION for Hearing re 34 MOTION to Dismiss Complaint for Failure to State a Claim by Defendants Volunteer Hospital Association, Curt Nonomaque, University Healthsystem Consortium, Robert J. Baker, Novation LLC (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F) (Power, John) (Entered: 02/21/2006)
03/05/2006
77 MEMORANDUM in Opposition by Plaintiff Medical Supply Chain, Inc. re 76 MOTION for Hearing re 34 MOTION to Dismiss Complaint for Failure to State a Claim (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4)(Hawver, Ira) (Entered: 03/05/2006)
03/07/2006
78 MEMORANDUM AND ORDER granting 22 Motion for Sanctions, finding as moot 24 Motion to Stay, denying 28 Motion for Reconsideration, granting 32 Motion to Dismiss, granting 34 Motion to Dismiss, granting 36 Motion for Sanctions, denying 38 Motion to Strike, finding as moot 39 Motion to Consolidate Cases, finding as moot 42 Motion to Amend/Correct, denying 43 Motion to Strike, denying 45 Motion to Clarify, finding as moot 46 Motion for Summary Judgment, finding as moot 49 Motion for Joinder, finding as moot 56 Motion to Substitute Party, finding as moot 57 Motion to Substitute Party, finding as moot 76 Motion for Hearing, granting 2 Motion to Dismiss for Lack of Jurisdiction, granting 4 Motion to Dismiss, granting 6 Motion to Dismiss, granting 11 Motion to Dismiss for Lack of Jurisdiction, granting 13 Motion to Dismiss. Signed by Carlos Murguia on 3/7/2006. (js) Modified on 3/8/2006 (Sealed User YH, ). (Entered: 03/07/2006)
03/14/2006
79 NOTICE of Entry of Interested party by Samuel K. Lapari (yh, ) (Entered: 03/15/2006)
03/14/2006
80 MOTION for Reconsideration re 78 Memorandum adn Order on Motion for Sanctions, Order on Motion to Stay, Order on Motion for Reconsideration, Order on Motion to Dismiss, Order on Motion to Strike, Order on Motion to Consolidate Cases, Order on Motion to Amend/Correct, Order on Motion to Clarify, Order on Motion for Summary Judgment, Order on Motion for Joinder, Order on Motion to Substitute Party, Order on Motion for Hearing, Order on Motion to Dismiss/Lack of Jurisdiction, by Interested Party Samuel K. Lapari (yh, ) (Entered: 03/15/2006)
03/17/2006
81 MOTION to Withdraw as Attorney by Plaintiff Medical Supply Chain, Inc. (Attachments: # 1 Attachment) (Hawver, Ira) (Entered: 03/17/2006)
03/21/2006
82 MEMORANDUM in Opposition by Defendant Shughart, Thomson & Kilroy, P.C. re 80 MOTION for Reconsideration re 78 Order on Motion for Sanctions, Order on Motion to Stay, Order on Motion for Reconsideration, Order on Motion to Dismiss, Order on Motion to Strike, Order on Motion to Cons (Hardee, Kathleen) Modified on 3/22/2006 (yh, ). (Entered: 03/21/2006)
03/24/2006
83 MEMORANDUM in Opposition by Defendants US Bancorp N A, US Bank NA, Jerry A. Grundhoffer, Andrew Cesere, Piper Jaffray Companies, Andrew S. Duff re 80 MOTION for Reconsideration re 78 Order on Motion for Sanctions, Order on
https://ecf.ksd.uscourts.gov/cgi-bin/DktRpt.pl?940124925852333-L_801_0-1
Page 13 of 20
55
District of Kansas
12/2/08 6:22 PM
Motion to Stay, Order on Motion for Reconsideration, Order on Motion to Dismiss, Order on Motion to Strike, Order on Motion to Cons (Olthoff, Mark) . (Entered: 03/24/2006) 03/27/2006
84 MOTION to Seal Motion to File Exhibits Under Seal by Defendants US Bancorp N A, US Bank NA, Jerry A. Grundhoffer, Andrew Cesere, Piper Jaffray Companies, Andrew S. Duff (Olthoff, Mark) (Entered: 03/27/2006)
03/27/2006
85 MOTION for Attorney Fees by Defendants US Bancorp N A, US Bank NA, Jerry A. Grundhoffer, Andrew Cesere, Piper Jaffray Companies, Andrew S. Duff (Olthoff, Mark) (Entered: 03/27/2006)
03/27/2006
86 MEMORANDUM IN SUPPORT of 85 MOTION for Attorney Fees by Defendants US Bancorp N A, US Bank NA, Jerry A. Grundhoffer, Andrew Cesere, Piper Jaffray Companies, Andrew S. Duff(Olthoff, Mark) (Entered: 03/27/2006)
03/27/2006
87 ORDER granting 84 Motion to file exhibits under seal. Signed by Judge Carlos Murguia on 3/27/06. (yh, ) (Entered: 03/27/2006)
03/27/2006
92 MOTION to Amend Complaint re 1 Complaint by Interested Party Samuel K. Lapari (yh, ) (Entered: 03/29/2006)
03/28/2006
88 MOTION for Leave to file Accounting One Day Out of Time by Defendants Volunteer Hospital Association, Curt Nonomaque, University Healthsystem Consortium, Robert J. Baker, Novation LLC (Power, John) (Entered: 03/28/2006)
03/28/2006
89 MEMORANDUM in Opposition by Defendants Volunteer Hospital Association, Curt Nonomaque, University Healthsystem Consortium, Robert J. Baker, Novation LLC re 80 MOTION for Reconsideration re 78 Order on Motion for Sanctions,,,, Order on Motion to Stay,,,, Order on Motion for Reconsideration,,,, Order on Motion to Dismiss,,,,,,,,,,,, Order on Motion to Strike,,,, Order on Motion to Cons (Power, John) (Entered: 03/28/2006)
03/28/2006
90 MOTION to Seal File Accounting Under Seal by Defendants Volunteer Hospital Association, Curt Nonomaque, University Healthsystem Consortium, Robert J. Baker, Novation LLC (Power, John) (Entered: 03/28/2006)
03/28/2006
91 RESPONSE by Defendants Volunteer Hospital Association, Curt Nonomaque, University Healthsystem Consortium, Robert J. Baker, Novation LLC re 78 Order on Motion for Sanctions, Order on Motion to Stay, Order on Motion for Reconsideration, Order on Motion to Dismiss, Order on Motion to Strike, Order on Motion to Consolidate Cases, Order on Motion to Amend/Correct, Order on Motion to Clarify, Order on Motion for Summary Judgment, Order on Motion for Joinder, Order on Motion to Substitute Party, Order on Motion for Hearing, Order on Motion to Dismiss/Lack of Jurisdiction, Accounting of Attorneys' Fees and Costs (Power, John) Modified on 3/29/2006 (yh, ). (Entered: 03/28/2006)
03/29/2006
93 NOTICE of Exhibits to be Filed Under Seal by US Bancorp N A, US Bank NA, Jerry A. Grundhoffer, Andrew Cesere, Piper Jaffray Companies, Andrew S. Duff (Olthoff, Mark) (Entered: 03/29/2006)
https://ecf.ksd.uscourts.gov/cgi-bin/DktRpt.pl?940124925852333-L_801_0-1
Page 14 of 20
56
District of Kansas
12/2/08 6:22 PM
03/29/2006
94 SEALED EXHIBIT(S) IN SUPPORT of 85 MOTION for Attorney Fees by Defendant US Bank NA (This is a TEXT ENTRY ONLY, no pdf. document is associated with this entry, VAULT)(yh, ) (Entered: 03/30/2006)
03/30/2006
95 MOTION to Strike 82 Memorandum in Opposition to Motion,, 91 Response to Order,,, 86 Memorandum in Support of Motion, 85 MOTION for Attorney Fees, 87 Order on Motion to Seal, 83 Memorandum in Opposition to Motion,, 93 Notice (Other), 88 MOTION for Leave to file Accounting One Day Out of Time, 89 Memorandum in Opposition to Motion,, 90 MOTION to Seal File Accounting Under Seal by Interested Party Samuel K. Lapari (yh, ) (Entered: 03/31/2006)
04/05/2006
96 Joint MEMORANDUM in Opposition by Defendants Volunteer Hospital Association, Curt Nonomaque, University Healthsystem Consortium, Robert J. Baker, US Bancorp N A, US Bank NA, Jerry A. Grundhoffer, Andrew Cesere, Piper Jaffray Companies, Andrew S. Duff, Shughart, Thomson & Kilroy, P.C., Novation LLC, Neoforma, Inc., Robert J. Zollars re 95 MOTION to Strike 82 Memorandum in Opposition to Motion,, 91 Response to Order,,, 86 Memorandum in Support of Motion, 85 MOTION for Attorney Fees, 87 Order on Motion to Seal, 83 Memorandum in Opposition to Motion,, 93 Notice (Other), 88 , 92 MOTION to Amend Complaint re 1 Complaint (Olthoff, Mark) (Entered: 04/05/2006)
04/05/2006
97 REPLY to Opposition to Motion by Interested Party Samuel K. Lapari re: 80 MOTION for Reconsideration re 78 Order on Motion for Sanctions, Order on Motion to Stay, Order on Motion for Reconsideration, Order on Motion to Dismiss, Order on Motion to Strike, Order on Motion to Cons (Attachments: # 1 Appendix ANovation# 2 Exhibit B-Pages 35-59# 3 Exhibit C-Pages 60-exh 6)(yh, ) (Entered: 04/05/2006)
04/12/2006
98 ORDER granting 88 Motion for Leave to File Accounting Out of Time. Defendants Novation, VHA, UHC, Robert Baker, and Curt Nonomaque shall file their Accounting within five (5) days of the date of this Order. Signed by Magistrate Judge Gerald L. Rushfelt on 4/12/2006. (byk) (Entered: 04/12/2006)
04/12/2006
99 ORDER granting in part and denying in part 90 Motion to File Accounting Under Seal. Defendants Novation, VHA, UHC, Robert Baker, and Curt Nonomaque are granted leave to file the billing records and Affidavit of Kathleen Bone Spangler and the billing records and Declaration of John K. Power under seal. The court otherwise overrules the motion. Signed by Magistrate Judge Gerald L. Rushfelt on 4/12/2006. (byk) (Entered: 04/12/2006)
04/12/2006
100 SEALED EXHIBITS AND AFFIDAVIT of Kathleen Spangler and billing records by Novation LLC. (This is a TEXT ENTRY ONLY, there is no pdf. document associated with this entry) (CLERK'S OFFICE VAULT) (yh, ) (Entered: 04/12/2006)
05/17/2006
101 NOTICE of Misnomer regarding plaintiff by Samuel K. Lapari (yh, ) (Entered: 05/18/2006)
07/24/2006
102 MOTION to Remand to the Western District of Missouri by Interested Party Samuel K. Lapari (Attachments: # 1 Exhibit 7 thru 9# 2 Exhibit 10# 3 Exhibit 11-14) (yh, ) (Entered: 07/25/2006)
https://ecf.ksd.uscourts.gov/cgi-bin/DktRpt.pl?940124925852333-L_801_0-1
Page 15 of 20
57
District of Kansas
12/2/08 6:22 PM
08/02/2006
103 Joint MEMORANDUM in Opposition by Defendants Volunteer Hospital Association, Curt Nonomaque, University Healthsystem Consortium, Robert J. Baker, Novation LLC re 102 MOTION to Remand (Power, John) (Entered: 08/02/2006)
08/07/2006
104 ORDER striking 80 Motion for Reconsideration, denying 81 Motion to Withdraw as Attorney, striking 92 Motion to Amend Complaint, striking 95 Motion to Strike, striking 102 Motion to Remand. Signed by Judge Carlos Murguia on 8/7/2006. (js) (Entered: 08/07/2006)
08/08/2006
105 ORDER granting 85 Motion for Attorney Fees . Signed by Judge Carlos Murguia on 8/8/06. (yh, ) (Entered: 08/08/2006)
08/10/2006
106 Supplemental MOTION for Attorney Fees by Defendants US Bancorp N A, US Bank NA, Jerry A. Grundhoffer, Andrew Cesere, Piper Jaffray Companies, Andrew S. Duff (Olthoff, Mark) (Entered: 08/10/2006)
08/10/2006
107 MEMORANDUM IN SUPPORT of 106 Supplemental MOTION for Attorney Fees by Defendants US Bancorp N A, US Bank NA, Jerry A. Grundhoffer, Andrew Cesere, Piper Jaffray Companies, Andrew S. Duff(Olthoff, Mark) (Entered: 08/10/2006)
08/10/2006
108 EXHIBIT(S) IN SUPPORT of 107 Memorandum in Support of Motion To Be Filed Under Seal. (Olthoff, Mark) (Entered: 08/10/2006)
08/25/2006
109 ORDER granting 106 Motion for Attorney Fees. Signed by Judge Carlos Murguia on 8/25/2006.(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (js) (Entered: 08/25/2006)
09/08/2006
110 NOTICE OF APPEAL by Interested Party Samuel K. Lapari, Plaintiff Medical Supply Chain, Inc.. (Hawver, Ira) (Entered: 09/08/2006)
09/08/2006
111 EXHIBITS to 110 NOTICE OF APPEAL by Interested Party Samuel K. Lapari, Plaintiff Medical Supply Chain, Inc.. (Main Document - Exhibit 1, Attachments: # 1 Exhibit 2 # 2 Exhibit 3)(Hawver, Ira) Modified title on 9/12/2006 (kao). (Entered: 09/08/2006)
09/12/2006
112 PRELIMINARY RECORD ON APPEAL transmitted to 10CCA re 110 Notice of Appeal - Final Judgment. (Attachments: # 1 Letter to parties # 2 Docket Sheet # 3 Transcript Order Form # 4 Letter to Counsel from 10CCA # 5 Docketing Statement/Instructions)(kao) (Entered: 09/12/2006)
09/12/2006
APPEAL FEE STATUS: Filing fee NOT PAID re: Notice of Appeal - Final Judgment 110 . (THIS IS A TEXT ONLY ENTRY-NO DOCUMENT IS ASSOCIATED WITH THIS TRANSACTION) (kao) (Entered: 09/13/2006)
09/19/2006
113 RECEIPT FROM 10CCA of Preliminary Record on Appeal re 110 Notice of Appeal - Final Judgment; Appeal No. 06-3331. (kao) (Entered: 09/20/2006)
09/19/2006
114 APPEAL DOCKETED in 10CCA on 9/15/2006 and assigned Appeal No. 06-3331 re 110 Notice of Appeal - Final Judgment filed by Medical Supply Chain, Inc., Samuel K. Lipari. (kao) (Entered: 09/20/2006)
https://ecf.ksd.uscourts.gov/cgi-bin/DktRpt.pl?940124925852333-L_801_0-1
Page 16 of 20
58
District of Kansas
10/03/2006
12/2/08 6:22 PM
APPEAL FEE PAID in the amount of $455 re Notice of Appeal - Final Judgment 110 filed by Medical Supply Chain, Inc., Samuel K. Lipari. Receipt No. K4631004971. (Appeal No. 06-3331) (THIS IS A TEXT ONLY ENTRY-NO DOCUMENT IS ASSOCIATED WITH THIS TRANSACTION) (kao) (Entered: 10/03/2006)
10/03/2006
115 Letter to 10CCA: Stating appeal fee paid re 110 Notice of Appeal - Final Judgment. (Appeal No. 06-3331) (kao) (Entered: 10/03/2006)
10/19/2006
116 TRANSCRIPT ORDER FORM: No Transcript Required filed by Samuel K. Lipari, Medical Supply Chain, Inc. re 110 Notice of Appeal - Final Judgment. (kao) (Entered: 10/20/2006)
10/23/2006
117 LETTER TO 10CCA stating record is complete re 110 Notice of Appeal - Final Judgment. (Appeal No. 06-3331) (kao) (Entered: 10/23/2006)
10/24/2006
***Civil Case Terminated. (yh, ) (Entered: 10/24/2006)
12/11/2007
118 APPEAL MANDATE from 10CCA: DISMISSING appeal as to 110 Notice of Appeal - Final Judgment filed by Samuel K. Lipari, Medical Supply Chain, Inc. (Appeal No. 06-3331) (Attachment: # 1 Transmittal Letter)(kao) (Entered: 12/11/2007)
12/27/2007
119 MOTION to Withdraw as Attorney by Interested Party Samuel K. Lipari, Plaintiff Medical Supply Chain, Inc. (Attachments: # 1 Exhibit, # 2 Exhibit)(Hawver, Ira) (Entered: 12/27/2007)
01/29/2008
120 ORDER granting in part and denying in part 119 Motion to Withdraw as Attorney. Attorney Dennis Hawver is withdrawn as counsel for plaintiff Samuel Lipari, but remains as counsel for plaintiff Medical Supply Chain, Inc. Signed by Magistrate Judge Gerald L. Rushfelt on 01/29/08. (mg) (Entered: 01/29/2008)
02/13/2008
121 MOTION to Withdraw as Attorney by Plaintiff Medical Supply Chain, Inc.(Hawver, Ira) (Entered: 02/13/2008)
02/13/2008
122 MOTION to Reopen Case by Samuel K. Lipari(yh) (Entered: 02/14/2008)
02/21/2008
123 MEMORANDUM in Opposition by Defendants Volunteer Hospital Association, Curt Nonomaque, University Healthsystem Consortium, Robert J. Baker, US Bancorp N A, US Bank NA, Jerry A. Grundhoffer, Andrew Cesere, Piper Jaffray Companies, Andrew S. Duff, Shughart, Thomson & Kilroy, P.C., Novation LLC, Neoforma, Inc., Robert J. Zollars re 122 MOTION to Reopen Case DEFENDANTS' MEMORANDUM IN OPPOSITION TO PLAINTIFF'S MOTION FOR RELIEF FROM JUDGMENT (Attachments: # 1 Exhibit A (Medical Supply Chain, Inc. v. US Bancorp, et al.), # 2 Exhibit B (December 30 2004 Order), # 3 Exhibit C (August 7, 2006 Memorandum and Order))(Olthoff, Mark) (Entered: 02/21/2008)
02/26/2008
124 RESPONSE MEMORANDUM to defendant's opposition by Samuel K. Lipari re 122 MOTION to Reopen Case (yh) (Entered: 02/27/2008)
02/26/2008
125 NOTICE of Concurrent Missouri State Antitrust Action by Samuel K. Lipari
https://ecf.ksd.uscourts.gov/cgi-bin/DktRpt.pl?940124925852333-L_801_0-1
Page 17 of 20
59
District of Kansas
12/2/08 6:22 PM
(Attachments: # 1 Appendix Petition, # 2 Appendix One-Procedule History, # 3 Appendix Two-Table of Prior and Related Cases, # 4 Appendix Three-State of Kansas Officials Role, # 5 Appendix Four-U.S. Bank relationship, # 6 Appendix Five-GE Relationship, # 7 Appendix Six-Ex Rel Complaint)(yh) (Entered: 02/27/2008) 03/04/2008
126 ORDER sustaining 121 Corrected Motion to Withdraw. Attorney Dennis Hawver is hereby withdrawn as counsel for Plaintiff Medical Supply Chain, Inc. Signed by Magistrate Judge Gerald L. Rushfelt on 3/4/2008. (byk) (Entered: 03/04/2008)
03/31/2008
127 ORDER striking 122 Motion to Reopen Case from the record. Mr. Lipari is directed to show cause within twelve days of this order why he has not violated Federal Rule of Civil Procedure 11(b). Signed by District Judge Carlos Murguia on 3/28/08. Answer to Order to Show Cause 128 . (mm) Modified on 4/9/2008 to create link to response (yh). (Entered: 03/31/2008)
04/08/2008
128 MOTION to Alter or Amend Judgment and Answer to Order to Show Cause 127 by Plaintiff Medical Supply Chain, Inc.(yh) Modified on 4/9/2008 to create link (yh). (Entered: 04/09/2008)
04/22/2008
129 RETURN of Certified Mail received re 127 Order on Motion to Reopen Case, addressed to Samuel K. Lipari Remailed on April 22, 2008 to 297 NE Bayview, Lees Summit, Mo 64064 by certified mail 70062150000031647350. (mm) (Entered: 04/23/2008)
05/16/2008
130 ORDER TO SHOW CAUSE. Show Cause Response due by 5/23/2008. Signed by District Judge Carlos Murguia on 5/16/08.(js) (Entered: 05/16/2008)
05/23/2008
131 RESPONSE by Defendants Volunteer Hospital Association, Curt Nonomaque, University Healthsystem Consortium, Robert J. Baker, US Bancorp N A, US Bank NA, Jerry A. Grundhoffer, Andrew Cesere, Piper Jaffray Companies, Andrew S. Duff, Shughart, Thomson & Kilroy, P.C., Watkins Boulware, PC, Novation LLC, Neoforma, Inc., Robert J. Zollars re 128 MOTION to Alter Judgment ( Reply deadline 6/6/2008), RESPONSE re 130 Order to Show Cause by Defendants Volunteer Hospital Association, Curt Nonomaque, University Healthsystem Consortium, Robert J. Baker, US Bancorp N A, US Bank NA, Jerry A. Grundhoffer, Andrew Cesere, Piper Jaffray Companies, Andrew S. Duff, Shughart, Thomson & Kilroy, P.C., Watkins Boulware, PC, Novation LLC, Neoforma, Inc., Robert J. Zollars(Olthoff, Mark) (Entered: 05/23/2008)
05/28/2008
132 CERTIFIED MAIL RECEIPT returned re 127 and 129 Order on Motion to Reopen Case. Signed for on 5/5/2008: 7006 2150 0000 3164 7350. (ck) (Entered: 05/28/2008)
05/30/2008
133 REPLY to Response to Motion by Interested Party Samuel K. Lipari re: 128 MOTION to Alter Judgment (yh) (Entered: 06/02/2008)
06/12/2008
134 NOTICE of unavailability by Samuel K. Lipari (mm) (Entered: 06/13/2008)
07/08/2008
135 MEMORANDUM AND ORDER striking 128 Motion to Alter Judgment. Signed by District Judge Carlos Murguia on 7/7/08. (yh) (Entered: 07/08/2008)
https://ecf.ksd.uscourts.gov/cgi-bin/DktRpt.pl?940124925852333-L_801_0-1
Page 18 of 20
60
District of Kansas
07/08/2008
12/2/08 6:22 PM
DOCKET ANNOTATION: 135 Memorandum and Order on Motion to Alter Judgment. Sent by certified and regular mail (#7002 2030 0001 2208 0432) (yh) (Entered: 07/08/2008)
07/10/2008
136 NOTICE OF APPEAL as to 135 Order on Motion to Alter Judgment by Samuel K. Lipari. (kao) (Entered: 07/10/2008)
07/10/2008
APPEAL FEE STATUS: Filing fee NOT PAID re: Notice of Appeal - Final Judgment 136 . () (THIS IS A TEXT ONLY ENTRY-NO DOCUMENT IS ASSOCIATED WITH THIS TRANSACTION) (kao) (Entered: 07/10/2008)
07/10/2008
137 PRELIMINARY RECORD ON APPEAL transmitted to 10CCA re 136 Notice of Appeal. (Attachment: # 1 Preliminary Record)(kao) (Entered: 07/10/2008)
07/11/2008
138 CERTIFIED MAIL RECEIPT returned re 135 Order on Motion to Alter Judgment addressed to Samuel K. Lipari (yh) (Entered: 07/14/2008)
07/14/2008
139 APPEAL DOCKETED in 10CCA on 7/14/08 and assigned Appeal No. 08-3187 re 136 Notice of Appeal - Final Judgment filed by Samuel K. Lipari. (kao) (Entered: 07/14/2008)
07/16/2008
APPEAL FEE PAID in the amount of $455 re Notice of Appeal - Final Judgment 136 filed by Samuel K. Lipari. Receipt No. K4631013607. (Appeal No. 08-3187) (THIS IS A TEXT ONLY ENTRY-NO DOCUMENT IS ASSOCIATED WITH THIS TRANSACTION) (kao) (Entered: 07/16/2008)
07/21/2008
140 Letter from 10CCA re opening brief. (Appeal No. 08-3187) (kao) (Entered: 07/21/2008)
07/21/2008
141 RECORD ON APPEAL transmitted to 10CCA via e-mail, (Volume One), re 136 Notice of Appeal - Final Judgment. (Appeal No. 08-3187). (kao) (Entered: 07/21/2008)
08/25/2008
142 NOTICE of filing motion to remand appeal by Samuel K. Lipari (mm) (Entered: 08/25/2008)
08/27/2008
143 NOTICE of Filing Order Denying Motion to Remand Appeal by Volunteer Hospital Association, Curt Nonomaque, University Healthsystem Consortium, Robert J. Baker, US Bancorp N A, US Bank NA, Jerry A. Grundhoffer, Andrew Cesere, Piper Jaffray Companies, Andrew S. Duff, Shughart, Thomson & Kilroy, P.C., Watkins Boulware, PC, Novation LLC, Neoforma, Inc., Robert J. Zollars (Attachments: # 1 Exhibit Order)(Olthoff, Mark) (Entered: 08/27/2008)
09/11/2008
144 MOTION to Supplement the Record on Appeal by Interested Party Samuel K. Lipari.(kao) Voluminous exhibits maintained in clerk's office. (Entered: 09/12/2008)
09/15/2008
145 ORDER denying 144 Motion to Supplement. Because this case is currently on appeal to the 10th Circuit Court of Appeals, this court orders the filer to refile this motion and exhibits with the 10th Circuit. The filer is encouraged to reclaim his exhibits from the clerk's office in order to cut down on duplication. Signed by District Judge Carlos Murguia on 9/15/2008. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (jw) (Entered: 09/15/2008)
https://ecf.ksd.uscourts.gov/cgi-bin/DktRpt.pl?940124925852333-L_801_0-1
Page 19 of 20
61
District of Kansas
12/2/08 6:22 PM
09/15/2008
146 DOCKET ANNOTATION: 145 Order on Motion to Supplement, sent certified mail 7002 2030 0000 9349 8380 to Samuel K. Lipari, 297 NE Bayview, Lee's Summit, MO 64064. (jw) (Entered: 09/15/2008)
09/19/2008
147 CERTIFIED MAIL RECEIPT returned re 145 Order on Motion to Supplement addressed to Samuel K. Lipari. (jw) (Entered: 09/19/2008)
10/15/2008
148 NOTICE of Change of Address by Samuel K. Lipari (mm) (Entered: 10/17/2008)
PACER Service Center Transaction Receipt 12/02/2008 18:21:04 PACER Login:
la1630
Client Code:
Description:
Docket Report
Search Criteria:
2:05-cv-02299-CMGLR
Billable Pages:
14
Cost:
1.12
https://ecf.ksd.uscourts.gov/cgi-bin/DktRpt.pl?940124925852333-L_801_0-1
Page 20 of 20
62
08-3187 Docket
Court Home
12/2/08 9:48 AM
Case Search
Calendar
Opinions
Orders/Judgments
Billing History
XML
TXT
Logout
Help
General Docket Tenth Circuit Court of Appeals Court of Appeals Docket #: 08-3187 Nature of Suit: 3410 Antitrust Medical Supply Chain v. Neoforma, et al Appeal From: United States District Court for the District of Kansas - Kansas City
Docketed: 07/14/2008
Case Type Information: 1) civil 2) private 3) Originating Court Information: District: 1083-2 : 2:05-CV-02299-CM-GLR Trial Judge: Carlos Murguia, -, U.S. District Judge Date Filed: 07/14/2005 Date NOA Filed: Date Rec'd COA: 07/10/2008 07/10/2008 Prior Cases: 06-3331 Date Filed: 09/15/2006
Date Disposed: 11/16/2007
Disposition: dismissed/other
Current Cases: None Panel Assignment:
Not available
MEDICAL SUPPLY CHAIN, INC. Plaintiff v. NEOFORMA, INC. Defendant - Appellee
Sophie N. Froelich Email:
[email protected] [NTC Retained] Firm: 415-398-2438 50 California Street 34th Floor San Francisco, CA 94111-0000
https://ecf.ca10.uscourts.gov/cmecf/servlet/TransportRoom
Page 1 of 8
63
Supp. Apdx. 7
08-3187 Docket
12/2/08 9:48 AM
Janice Vaughn Mock Email:
[email protected] [COR NTC Retained] Firm: 415-398-2438 50 California Street 34th Floor San Francisco, CA 94111-0000 John K. Power Email:
[email protected] [COR NTC Retained] Husch & Eppenberger, LLC Firm: 816/421-4800 1200 Main Street Suite 2300 Kansas City, MO 64105-0000 Stephen N. Roberts Email:
[email protected] [COR NTC Retained] Firm: 415-398-2438 50 California Street 34th Floor San Francisco, CA 94111-0000 ROBERT J. ZOLLARS Defendant - Appellee
Sophie N. Froelich [NTC Retained] (see above) Janice Vaughn Mock [COR NTC Retained] (see above) John K. Power [COR NTC Retained] (see above) Stephen N. Roberts [COR NTC Retained] (see above)
VOLUNTEER HOSPITAL ASSOCIATION Defendant - Appellee
John K. Power [NTC Retained] (see above) Kathleen Bone Spangler Email:
[email protected]
https://ecf.ca10.uscourts.gov/cmecf/servlet/TransportRoom
Page 2 of 8
64
08-3187 Docket
12/2/08 9:48 AM
[NTC Retained] Vinson & Elkins Firm: 713/651-2222 2300 First City Tower 1001 Fannin Street Houston, TX 77002-6760 CURT NONOMAQUE Defendant - Appellee
John K. Power [NTC Retained] (see above) Kathleen Bone Spangler [NTC Retained] (see above)
UNIVERSITY HEALTHSYSTEM CONSORTIUM John K. Power Defendant - Appellee [NTC Retained] (see above) Kathleen Bone Spangler [NTC Retained] (see above) ROBERT J. BAKER, Jr. Defendant - Appellee
John K. Power [NTC Retained] (see above) Kathleen Bone Spangler [NTC Retained] (see above)
U.S. BANCORP Defendant - Appellee
Andrew M. DeMarea Email:
[email protected] [COR NTC Retained] Shughart, Thomson & Kilroy Firm: 913/451-3355 9225 Indian Creek Parkway Suite 1100 32 Corporate Woods Overland Park, KS 66210-0000 Jonathan H. Gregor Email:
[email protected] [NTC Retained] Shook, Hardy & Bacon Firm: 816/474-6550 2555 Grand Blvd. Kansas City, MO 64108-2613
https://ecf.ca10.uscourts.gov/cmecf/servlet/TransportRoom
Page 3 of 8
65
08-3187 Docket
12/2/08 9:48 AM
Mark A. Olthoff, Esq. Direct: 816-421-3355 Email:
[email protected] [COR NTC Retained] Shughart Thomson & Kilroy, P.C. 1700 Twelve Wyandotte Plaza 120 West 12th Street Kansas City, MO 64105-0000 U.S. BANK NATIONAL ASSOCIATION Defendant - Appellee
Mark A. Olthoff, Esq. Direct: 816-421-3355 [COR NTC Retained] (see above)
JERRY A. GRUNDHOFFER Defendant - Appellee
Andrew M. DeMarea [COR NTC Retained] (see above) Jonathan H. Gregor [NTC Retained] (see above) Mark A. Olthoff, Esq. Direct: 816-421-3355 [COR NTC Retained] (see above)
ANDREW CESERE Defendant - Appellee
Andrew M. DeMarea [COR NTC Retained] (see above) Jonathan H. Gregor [NTC Retained] (see above) Mark A. Olthoff, Esq. Direct: 816-421-3355 [COR NTC Retained] (see above)
PIPER JAFFRAY COMPANIES Defendant - Appellee
Andrew M. DeMarea [COR NTC Retained] (see above) Jonathan H. Gregor [NTC Retained] (see above)
https://ecf.ca10.uscourts.gov/cmecf/servlet/TransportRoom
Page 4 of 8
66
08-3187 Docket
12/2/08 9:48 AM
Mark A. Olthoff, Esq. Direct: 816-421-3355 [COR NTC Retained] (see above) ANDREW S. DUFF Defendant - Appellee
Andrew M. DeMarea [COR NTC Retained] (see above) Jonathan H. Gregor [NTC Retained] (see above) Mark A. Olthoff, Esq. Direct: 816-421-3355 [COR NTC Retained] (see above)
SHUGART THOMSON & KILROY, P.C. Defendant - Appellee
Kathleen A. Hardee Email:
[email protected] [NTC Retained] Shughart, Thomson, & Kilroy Firm: 816/474-8100 120 W. 12th Street Suite 1700 Kansas City, MO 64105-0000
WATKINS BOULWARE, PC Defendant - Appellee NOVATION LLC Defendant - Appellee
John K. Power [NTC Retained] (see above) Kathleen Bone Spangler [NTC Retained] (see above)
-----------------------------SAMUEL K. LIPARI Party in Interest - Appellant
Samuel K. Lipari [NTC Pro Se] 3520 NE Akin Blvd., Suite 918 Lee Summit, MO 64064
MEDICAL SUPPLY CHAIN, INC.,
https://ecf.ca10.uscourts.gov/cmecf/servlet/TransportRoom
Page 5 of 8
67
08-3187 Docket
12/2/08 9:48 AM
Plaintiff, v. NEOFORMA, INC.; ROBERT J. ZOLLARS; VOLUNTEER HOSPITAL ASSOCIATION; CURT NONOMAQUE; UNIVERSITY HEALTHSYSTEM CONSORTIUM; ROBERT J. BAKER; U.S. BANCORP, N A; U.S. BANK NATIONAL ASSOCIATION; JERRY A. GRUNDHOFFER; ANDREW CESERE; PIPER JAFFRAY COMPANIES; ANDREW S. DUFF; SHUGART THOMSON & KILROY, P.C.; WATKINS BOULWARE, PC; NOVATION LLC, Defendants - Appellees, -----------------------------SAMUEL K. LIPARI, Interested Party - Appellant. 07/14/2008
[9582165] Civil case docketed. Preliminary record filed. DATE RECEIVED: 07/10/2008 Notice of appearance due on 07/28/2008 for Robert J. Baker Jr., Andrew Cesere, Andrew S. Duff, Jerry A. Grundhoffer, Medical Supply Chain, Inc., Neoforma, Inc., Curt Nonomaque, Novation LLC, Piper Jaffray Companies, Shugart Thomson & Kilroy, P.C., U.S. Bancorp, U.S. Bank National Association, University Healthsystem Consortium, Volunteer Hospital Association and Robert J. Zollars. Notice of appearance due on 08/13/2008 for Samuel K. Lipari. Fee or ifp forms due in district court 08/13/2008 for Samuel K. Lipari.
07/21/2008
[9583608] Fee paid. Date paid in District Court on 07/16/2008.
07/21/2008
[9583609] Jurisdictional review complete. Record on appeal due 07/31/2008. Appellant's brief due on 09/02/2008 for Samuel K. Lipari. Notice of appearance due on 09/02/2008 for Samuel K. Lipari.
07/21/2008
[9584111] Record on appeal filed. No. of Volumes: 1Vol. I (Pleadings).
07/25/2008
[9585003] Notice of appearance filed by Ms. Kathleen Bone Spangler for Volunteer Hospital Association, University Healthsystem Consortium, Novation LLC, Curt Nonomaque and Mr. Robert J. Baker, Jr.. CERT. OF INTERESTED PARTIES: n. Served on 07/25/2008. Manner of Service: US mail.
07/25/2008
[9585006] Notice of appearance filed by Mr. John K. Power for Mr. Robert J. Baker, Jr., University Healthsystem Consortium, Curt Nonomaque, Novation LLC, Neoforma, Inc., Volunteer Hospital Association and Robert J. Zollars. CERT. OF INTERESTED PARTIES: n. Served on 07/25/2008. Manner of Service: US mail
07/25/2008
[9585010] Appellees' motion to dismiss case 07/25/2008. Manner of Service: US mail filed by Mr. Robert J. Baker, Jr., Andrew Cesere, Andrew S. Duff, Jerry A. Grundhoffer, Neoforma, Inc., Curt Nonomaque, Novation LLC, Piper Jaffray Companies, Shugart Thomson & Kilroy, P.C., U.S. Bancorp, U.S. Bank National Association, University
https://ecf.ca10.uscourts.gov/cmecf/servlet/TransportRoom
Page 6 of 8
68
08-3187 Docket
12/2/08 9:48 AM
Healthsystem Consortium, Volunteer Hospital Association and Robert J. Zollars. Served on 07/25/2008. Manner of Service: US mail. 07/25/2008
[9585068] Order filed by Clerk of the Court (ERR) response to Appellees' motion to dismiss case due on 08/08/2008 for Appellant Samuel K. Lipari. Served on 07/25/2008.
07/28/2008
[9585158] Notice of appearance filed by Stephen N. Roberts for Neoforma, Inc. and Robert J. Zollars. CERT. OF INTERESTED PARTIES: n. Served on 07/25/2008. Manner of Service: US mail.
07/28/2008
[9585378] Docketing statement filed by Samuel K. Lipari. Served on 07/28/2008. Manner of Service: US mail.
07/28/2008
[9585927] Appellees' Rule 26.1 Disclosure Statements filed by U.S. Bancorp and U.S. Bank National Association. Served on 07/25/2008. Manner of Service: US mail.
08/01/2008
[9586340] Notice of appearance filed by Stephen N. Roberts for Neoforma, Inc. and Robert J. Zollars. CERT. OF INTERESTED PARTIES: n. Served on 07/31/2008. Manner of Service: US mail.
08/01/2008
[9586538] Response to Appellee's motion to dismiss case filed by Samuel K. Lipari. Served on 08/01/2008. Manner of Service: US mail.
08/11/2008
[9588502] Order filed by Clerk of the Court (ERR). The court reserves judgment on the motion to dismiss filed by the appellees. The matter will be referred to the panel assigned to hear this appeal on the merits. Appellant's brief due on 09/22/2008 for Samuel K. Lipari. [9585010-2] [9586538-2]. Served on 08/11/2008.
08/25/2008
[9591762] Appellant's motion filed by Samuel K. Lipari to remand case. Served on 08/25/2008. Manner of Service: US mail.
08/25/2008
[9591854] Order filed by Clerk of the Court (dec) Denying Appellant's "Motion to Remand the Appeal for Ruling on Open 28 USC 144 Affdivat" as moot. Served on 08/25/2008.
09/02/2008
This entry has been removed from the docket - the document was a duplicate of the 8/25/08.
09/19/2008
[9598312] Appellant's brief filed by Samuel K. Lipari. Original and 7 copies. Served on 09/19/2008 by email. Oral argument requested? y. (Appendix 25 volumes is received. Original and 1 copy. Appendix pages: 9688. Appellees' brief due 10/23/2008 for U.S. Bancorp, Jerry A. Grundhoffer, Andrew Cesere, Piper Jaffray Companies, Andrew S. Duff, Neoforma, Inc., Robert J. Zollars, Shugart Thomson & Kilroy, P.C., U.S. Bank National Association, Volunteer Hospital Association, Curt Nonomaque, University Healthsystem Consortium, Robert J. Baker and Novation LLC.
09/19/2008
[9598314] Appellant's Appendix, (25 volumes) received from Samuel K. Lipari but not filed. Original and 1 copy. Served on 09/19/2008. Manner of Service: US mail.
09/19/2008
[9598328] Appellant's motion filed by Samuel K. Lipari to supplement the record on appeal. Served on 09/19/2008. Manner of Service: US Mail.
09/23/2008
[9598444] Order filed by Clerk of the Court referring Appellant's motion to supplement
https://ecf.ca10.uscourts.gov/cmecf/servlet/TransportRoom
Page 7 of 8
69
08-3187 Docket
12/2/08 9:48 AM
the record on appeal [9598328-2] to the panel on the merits. Served on 09/23/2008. 09/23/2008
[9598639] Two boxes of exhibits (documents relating to motion to supplement record) received from Samuel K. Lipari but not filed, pending ruling on the motion to supplement the record. (Hard copy only.)
10/17/2008
[9605279] Notice of change of address filed by Samuel K. Lipari.
10/27/2008
[9607574] Appellee brief filed by Mr. Robert J. Baker, Jr., Andrew Cesere, Andrew S. Duff, Jerry A. Grundhoffer, Neoforma, Inc., Curt Nonomaque, Novation LLC, Piper Jaffray Companies, Shugart Thomson & Kilroy, P.C., U.S. Bancorp, U.S. Bank National Association, University Healthsystem Consortium, Volunteer Hospital Association, Watkins Boulware, PC and Robert J. Zollars. Original and 7 copies. Served on: 10/22/2008. Manner of service: US mail. Oral argument requested? n. Appellant's reply brief due 11/10/2008 by Samuel K. Lipari.
11/07/2008
[9611158] Appellant's reply brief filed by Samuel K. Lipari. Original and 7 copies. Served on 11/10/2008. Manner of Service: US mail.
PACER Service Center Transaction Receipt 12/02/2008 08:47:56 PACER Login:
la1630
Client Code:
Description:
Docket Report (full)
Search Criteria:
08-3187
Billable Pages:
4
Cost:
0.32
https://ecf.ca10.uscourts.gov/cmecf/servlet/TransportRoom
Page 8 of 8
70
CM/ECF Western District of Missouri
12/2/08 8:45 AM
APPEAL, CLOSED, EAPADMIN
U.S. District Court United States District Court for the Western District of Missouri (Kansas City) CIVIL DOCKET FOR CASE #: 4:06-cv-01012-FJG Lipari v. US Bancorp, NA et al Assigned to: Chief District Judge Fernando J. Gaitan, Jr Case in other court: 8th Circuit Court of Appeals, 08-03087 8th Circuit Court of Appeals, 08-03428 Jackson County Circuit Court, Missouri, 0616-CV32307 Cause: 28:1332 Diversity-Other Contract
Date Filed: 12/13/2006 Date Terminated: 04/04/2007 Jury Demand: Both Nature of Suit: 190 Contract: Other Jurisdiction: Diversity
Plaintiff Samuel K. Lipari
represented by Samuel K. Lipari 297 NE Bayview Lee's Summit, MO 64064 PRO SE
V. Defendant US Bancorp, NA
represented by Andrew M. DeMarea Shughart, Thomson & Kilroy, P.C. 9225 Indian Creek Parkway Suite 1100 Overland Park , KS 66210 (913) 451-3355 Fax: (913) 451-3361 Email:
[email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Mark A. Olthoff Shughart Thomson & Kilroy, PC-KCMO 120 West 12th Street Twelve Wyandotte Plaza Kansas City , MO 64105-1929 (816) 395-0620 Fax: (816) 374-0509 Email:
[email protected]
https://ecf.mowd.uscourts.gov/cgi-bin/DktRpt.pl?621394754507047-L_801_0-1
Page 1 of 5
71
Supp. Apdx. 8
CM/ECF Western District of Missouri
12/2/08 8:45 AM
LEAD ATTORNEY ATTORNEY TO BE NOTICED Defendant US Bank NA
represented by Andrew M. DeMarea (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Mark A. Olthoff (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Date Filed
#
Docket Text
12/13/2006
1 NOTICE OF REMOVAL by US Bancorp, NA, US Bank NA, US Bancorp, NA, US Bank NA from Circuit Court of Jackson County, Missouri, case number 0616CV32307. ( Filing fee $ 350 receipt number 1408283) filed by Mark A. Olthoff on behalf of US Bancorp, NA, US Bank NA, US Bancorp, NA, US Bank NA. (Attachments: # 1 State Court Petition# 2 Civil Cover Sheet)(Olthoff, Mark) (Entered: 12/13/2006)
12/13/2006
2 NOTICE of filing by US Bancorp, NA, US Bank NA re 1 Notice of Removal, to Plaintiff (Olthoff, Mark) (Entered: 12/13/2006)
12/13/2006
3 DISCLOSURE OF CORPORATE INTERESTS filed by Mark A. Olthoff on behalf of Defendants US Bancorp, NA, US Bank NA.(Olthoff, Mark) (Entered: 12/13/2006)
12/14/2006
4 NOTICE of filing by US Bancorp, NA, US Bank NA of Certificate of Filing of Notice of Removal in State Court and Proof of Service (Olthoff, Mark) (Entered: 12/14/2006)
12/14/2006
5 Notice of EAP Administrative (Attachments: # 1 EAP General Order)(Baldwin, Joella) (Entered: 12/14/2006)
12/18/2006
6 MOTION to remand and rely to Notice of Removal filed by Samuel K. Lipari. Suggestions in opposition/response due by 1/2/2007 unless otherwise directed by the court. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5)(Jones, Robin) Modified on 12/19/2006 to attach Letter to Clerk (Jones, Robin). (Entered: 12/18/2006)
12/21/2006
7 ANSWER to Complaint filed by Mark A. Olthoff on behalf of Defendants US Bancorp, NA, US Bank NA.(Olthoff, Mark) (Entered: 12/21/2006)
12/29/2006
8 SUGGESTIONS in opposition re 6 MOTION to remand filed by Mark A. Olthoff on behalf of Defendants US Bancorp, NA, US Bank NA. Reply suggestions due by 1/16/2007 unless otherwise directed by the court (Related document(s) 6 ) (Olthoff, Mark) (Entered: 12/29/2006)
https://ecf.mowd.uscourts.gov/cgi-bin/DktRpt.pl?621394754507047-L_801_0-1
Page 2 of 5
72
CM/ECF Western District of Missouri
01/03/2007
12/2/08 8:45 AM
9 ORDER - joint proposed discovery plan and scheduling order due by 2/9/2007. Counsel for defendants, after consultation with plaintiff, shall take the lead in preparing a proposed scheduling order for execution and filing with the court. Signed by Judge Fernando J. Gaitan Jr. on 1/3/07. (Enss, Rhonda) (Entered: 01/03/2007)
01/04/2007
10 MOTION for more definite statement filed by Samuel K. Lipari.Suggestions in opposition/response due by 1/19/2007 unless otherwise directed by the court. (Jones, Robin) (Entered: 01/05/2007)
01/04/2007
11 MOTION to vacate Case Management Order, Document 9 , filed by Samuel K. Lipari.Suggestions in opposition/response due by 1/19/2007 unless otherwise directed by the court. (Related document(s) 9 ) (Jones, Robin) (Entered: 01/05/2007)
01/04/2007
12 REPLY to answer on behalf of Plaintiff Samuel K. Lipari. (Attachments: # 1 Exhibit 1)(Related document(s) 7 ) (Jones, Robin) (Entered: 01/05/2007)
01/18/2007
13 SUGGESTIONS in opposition re 10 MOTION for more definite statement filed by Mark A. Olthoff on behalf of Defendants US Bancorp, NA, US Bank NA. Reply suggestions due by 2/5/2007 unless otherwise directed by the court (Related document(s) 10 ) (Olthoff, Mark) (Entered: 01/18/2007)
01/18/2007
14 SUGGESTIONS in opposition re 11 MOTION to vacate 9 Order, filed by Mark A. Olthoff on behalf of Defendants US Bancorp, NA, US Bank NA. Reply suggestions due by 2/5/2007 unless otherwise directed by the court (Related document(s) 11 ) (Olthoff, Mark) (Entered: 01/18/2007)
01/19/2007
15 MOTION for leave to file excess pages filed by Mark A. Olthoff on behalf of all defendantsSuggestions in opposition/response due by 2/8/2007 unless otherwise directed by the court. (Olthoff, Mark) (Entered: 01/19/2007)
01/19/2007
16 MOTION to dismiss case Or, In the Alternative, Motion to Transfer filed by Mark A. Olthoff on behalf of all defendantsSuggestions in opposition/response due by 2/8/2007 unless otherwise directed by the court. (Olthoff, Mark) (Entered: 01/19/2007)
01/19/2007
17 SUGGESTIONS in support re 16 MOTION to dismiss case Or, In the Alternative, Motion to Transfer filed by Mark A. Olthoff on behalf of Defendants US Bancorp, NA, US Bank NA. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E)(Related document(s) 16 ) (Olthoff, Mark) (Entered: 01/19/2007)
01/31/2007
18 MOTION to stay further proceedings pending appeal filed by Samuel K. Lipari. Suggestions in opposition/response due by 2/20/2007 unless otherwise directed by the court. (Attachments: # 1 Notice of Exhibit Attachment)(Carr, Lori) (Entered: 02/01/2007)
02/08/2007
19 SUGGESTIONS in opposition re 18 MOTION to stay Defendants' Suggestions in Opposition to Plaintiff's Motion to Stay filed by Mark A. Olthoff on behalf of Defendants US Bancorp, NA, US Bank NA. Reply suggestions due by 2/26/2007 unless otherwise directed by the court (Related document(s) 18 ) (Olthoff, Mark) (Entered: 02/08/2007)
02/09/2007
20 REPORT of Rule 26(f) planning meeting. (Olthoff, Mark) (Entered: 02/09/2007)
https://ecf.mowd.uscourts.gov/cgi-bin/DktRpt.pl?621394754507047-L_801_0-1
Page 3 of 5
73
CM/ECF Western District of Missouri
12/2/08 8:45 AM
04/04/2007
21 ORDER denying 6 plaintiff's motion to remand; denying 10 plaintiff's motion for more definite statement; denying as moot 11 plaintiff's motion to reconsider Court's case management order; granting 15 defendants' motion for leave to file excess pages; granting 16 defendant's motion to transfer case to District Court of KS; and denying as moot 18 plaintiff's motion to stay. Signed by Judge Fernando J. Gaitan Jr. on 4/4/07. (Enss, Rhonda) (Entered: 04/04/2007)
04/09/2007
TRANSFER documents mailed to USDC - District of Kansas. This is a text entry only - no document is attached. (Jones, Robin) (Entered: 04/09/2007)
09/05/2008
22 NOTICE OF APPEAL as to 21 ORDER denying 6 plaintiff's motion to remand; denying 10 plaintiff's motion for more definite statement; denying as moot 11 plaintiff's motion to reconsider Court's case management order; granting 15 defendants' motion for leave to file excess pages; granting 16 defendant's motion to transfer case to District Court of KS; and denying as moot 18 plaintiff's motion to stay, filed by Samuel K. Lipari. Filing fee $ 455, receipt number NOT PAID. (Carr, Lori) (Entered: 09/08/2008)
09/08/2008
23 TRANSMISSION of Notice of Appeal Supplement to US Court of Appeals, 8th Circuit via electronic mail. Related document 22 Notice of Appeal,,. (Crespo, Wil) (Entered: 09/08/2008)
09/15/2008
24 USCA Case Number from 8th Circuit Court of Appeals is 08-3087 for 22 Notice of Appeal,, filed by Samuel K. Lipari. Briefing schedule entered by the Court of Appeals is attached. (Attachments: # 1 Schedule)(Crespo, Wil) (Entered: 09/15/2008)
09/16/2008
Appeal Remark re 22 Notice of Appeal: Mailed this date to Movant a copy of the docket sheet and NOA (Crespo, Wil) (Entered: 09/16/2008)
10/10/2008
25 USCA Judgment as to 22 Notice of Appeal,, filed by Samuel K. Lipari This is a preliminary judgment of U.S. Court of Appeals; jurisdiction is not recovered until the Mandate is issued by the U.S Court of Appeals. The motion of appellee for dismissal of this appeal is granted. The appeal is hereby dismissed. (Crespo, Wil) (Entered: 10/10/2008)
10/16/2008
26 NOTICE OF APPEAL as to 21 Order on Motion to Remand, Order on Motion for More Definite Statement, Order on Motion to Vacate, Order on Motion for Leave to File Excess Pages, Order on Motion to Dismiss Case, Order on Motion to Stay by Samuel K. Lipari. Filing fee $ 455, receipt number NOT PAID. (Carr, Lori) (Entered: 10/17/2008)
10/20/2008
27 TRANSMISSION of Notice of Appeal Supplement to US Court of Appeals, 8th Circuit via electronic mail. Related document 26 Notice of Appeal,. (Crespo, Wil) (Entered: 10/20/2008)
10/24/2008
28 USCA Case Number from 8th Circuit Court of Appeals is 08-3428 for 26 Notice of Appeal, filed by Samuel K. Lipari. No briefing schedule entered by the Court of Appeals. (Crespo, Wil) (Entered: 10/24/2008)
10/28/2008
RECEIPT number 271634 in the amount of $455.00 issued to Samuel Lipari. (Carr, Lori) (Entered: 10/29/2008)
https://ecf.mowd.uscourts.gov/cgi-bin/DktRpt.pl?621394754507047-L_801_0-1
Page 4 of 5
74
CM/ECF Western District of Missouri
12/2/08 8:45 AM
10/30/2008
29 MANDATE of US COURT OF APPEALS as to 22 Notice of Appeal,, filed by Samuel K. Lipari with mandate issued on 10/30/08. (Crespo, Wil) (Entered: 10/30/2008)
11/12/2008
30 USCA Judgment as to 26 Notice of Appeal, filed by Samuel K. Lipari This is a preliminary judgment of U.S. Court of Appeals; jurisdiction is not recovered until the Mandate is issued by the U.S Court of Appeals. The motion of appellee for dismissal of this appeal is granted. The appeal is hereby dismissed. (Crespo, Wil) (Entered: 11/12/2008)
PACER Service Center Transaction Receipt 12/02/2008 08:44:38 PACER Login: la1630 Description:
Client Code:
Docket Report Search Criteria: 4:06-cv-01012-FJG
Billable Pages: 3
Cost:
https://ecf.mowd.uscourts.gov/cgi-bin/DktRpt.pl?621394754507047-L_801_0-1
0.24
Page 5 of 5
75
District of Kansas
12/2/08 9:37 AM
APPEAL, PROTO, SA
U.S. District Court District of Kansas (Kansas City) CIVIL DOCKET FOR CASE #: 2:07-cv-02146-CM-DJW Lipari v. US Bancorp N A et al Assigned to: District Judge Carlos Murguia Referred to: Magistrate Judge David J. Waxse Case in other court: 10CCA, 08-03287 USDC Western District of Missouri, 0601012 Cause: 28:1332 Diversity-Other Contract
Date Filed: 04/10/2007 Jury Demand: Both Nature of Suit: 190 Contract: Other Jurisdiction: Diversity
Plaintiff Samuel K. Lipari
represented by Samuel K. Lipari 3520 NE Akin Boulevard Suite 918 Lee's Summit, MO 64064 PRO SE Ira Dennis Hawver Law Office of Dennis Hawver 6993 Highway 92 Ozawkie , KS 66070 785-876-2233 Fax: 785-876-3038 Email:
[email protected] TERMINATED: 01/02/2008
V. Defendant US Bancorp N A
represented by Andrew M. DeMarea Shughart Thomson & Kilroy, PC Overland Park 32 Corporate Woods 9225 Indian Creek Parkway, Suite #1100 Overland Park , KS 66210 913-451-3355 Fax: 913-451-3361 Email:
[email protected]
https://ecf.ksd.uscourts.gov/cgi-bin/DktRpt.pl?106806199365815-L_801_0-1
Page 1 of 16
76
Supp. Apdx. 9
District of Kansas
12/2/08 9:37 AM
LEAD ATTORNEY ATTORNEY TO BE NOTICED Jay E. Heidrick Shughart Thomson & Kilroy, PC Overland Park 32 Corporate Woods 9225 Indian Creek Parkway, Suite #1100 Overland Park , KS 66210 913-451-3355 Fax: 913-451-3361 Email:
[email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Mark A. Olthoff Shughart Thomson & Kilroy, PC - KC Twelve Wyandotte Plaza 120 West 12th Street, Suite #1700 Kansas City , MO 64105-1918 816-421-3355 Fax: 816-374-0509 Email:
[email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Defendant US Bank NA
represented by Andrew M. DeMarea (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Jay E. Heidrick (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Mark A. Olthoff (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Date Filed 04/10/2007
#
Docket Text Case transferred in from Western District of Missouri. Case Number 06-1012. Case is an electronic transfer.(mm) (Entered: 04/11/2007)
https://ecf.ksd.uscourts.gov/cgi-bin/DktRpt.pl?106806199365815-L_801_0-1
Page 2 of 16
77
District of Kansas
12/2/08 9:37 AM
04/10/2007
1 NOTICE OF REMOVAL from Western District of Missouri, case number 06-1012, filed by Samuel K. Lipari. (Attachments: (1) Exhibit A)(Originally filed in WD/MO on 12/13/06)(mm) (Entered: 04/11/2007)
04/10/2007
7 ANSWER to Complaint 1 by US Bancorp N A, US Bank NA. (Originally filed in WD/MO on 12/21/06)(mm) (Entered: 04/11/2007)
04/10/2007
12 REPLY to 2 Answer to Complaint by Plaintiff Samuel K. Lipari. (Attachments: (1) Exhibit A)(Originally filed in WD/MO on 1/4/07)(mm) (Entered: 04/11/2007)
04/10/2007
20 REPORT OF RULE 26 meeting by US Bancorp N A, US Bank NA (Originally filed in WD/MO on 2/9/07) (mm) (Entered: 04/11/2007)
04/10/2007
21 ORDER transferring case from the Western District of Missouri to the District of Kansas. (mm) (Entered: 04/11/2007)
04/25/2007
22 MOTION to Dismiss by Defendants US Bancorp N A, US Bank NA (Olthoff, Mark) (Entered: 04/25/2007)
04/25/2007
23 MEMORANDUM IN SUPPORT of 22 MOTION to Dismiss by Defendants US Bancorp N A, US Bank NA (Attachments: # 1 Notice of Exhibit Attachment)(Olthoff, Mark) (Entered: 04/25/2007)
04/27/2007
24 MEMORANDUM IN SUPPORT of 22 MOTION to Dismiss by Defendants US Bancorp N A, US Bank NA (Attachments: # 1 Exhibit A-1 Plaintiff's Amended Complaint Part 1# 2 Exhibit A-2 Plaintiff's Amended Complaint Part 2# 3 Exhibit B December 30, 2004 Order# 4 Exhibit C-1 Complaint Part 1# 5 Exhibit C-2 Complaint Part 2# 6 Exhibit C-3 Complaint Part 3# 7 Exhibit C-4 Complaint Part 4# 8 Exhibit D# 9 Exhibit E)(Olthoff, Mark) (Entered: 04/27/2007)
05/03/2007
25 MOTION to Strike 22 MOTION to Dismiss by Plaintiff Samuel K. Lipari (mm) (Entered: 05/04/2007)
05/03/2007
26 CERTIFICATE OF SERVICE of discovery by Samuel K. Lipari (mm) (Entered: 05/04/2007)
05/04/2007
27 CERTIFICATE OF SERVICE of Rule 26(a) Disclosures by US Bancorp N A, US Bank NA. (Olthoff, Mark) (Entered: 05/04/2007)
05/07/2007
28 MOTION to Stay Entry of Schedule, Stay Discovery and for Protective Order by Defendants US Bancorp N A, US Bank NA. (Olthoff, Mark) (Motion title modified on 5/8/2007. (mg)) (Entered: 05/07/2007)
05/10/2007
29 ENTRY OF APPEARANCE by Jay E. Heidrick on behalf of US Bancorp N A, US Bank NA. (Heidrick, Jay) (Entered: 05/10/2007)
05/17/2007
30 MEMORANDUM in Opposition by Defendants US Bancorp N A, US Bank NA re 25 MOTION to Strike 22 MOTION to Dismiss (Olthoff, Mark) (Entered: 05/17/2007)
05/24/2007
31 ORDER granting 28 Motion to Stay Discovery. All pretrial and Rule 26 proceedings, including the planning conference, scheduling conference, Rule 26(a)(1) disclosures, and discovery, are hereby stayed until the Court has ruled on Defendants' pending
https://ecf.ksd.uscourts.gov/cgi-bin/DktRpt.pl?106806199365815-L_801_0-1
Page 3 of 16
78
District of Kansas
12/2/08 9:37 AM
Motion to Dismiss (doc. 22). Signed by Magistrate Judge David J. Waxse on 5/24/2007. (bh) (Entered: 05/24/2007) 05/29/2007
32 REPLY Memorandum in support of 25 MOTION to Strike 22 MOTION to Dismiss by Plaintiff Samuel K. Lipari(yh, ) (Entered: 05/31/2007)
05/29/2007
33 OBJECTION(S) to Discovery under Rule 72.1.4 by Samuel K. Lipari. (yh, ) (Entered: 05/31/2007)
06/08/2007
34 RESPONSE to 33 Objection(s) by Defendants US Bancorp N A, US Bank NA. (Olthoff, Mark) (Entered: 06/08/2007)
08/20/2007
35 ORDER denying 25 Motion to Strike. Plaintiff has twenty-three days to file a response to 22 MOTION to Dismiss. Signed by Judge Carlos Murguia on 8/20/2007. (js) (Entered: 08/20/2007)
09/11/2007
36 ENTRY OF APPEARANCE by Ira Dennis Hawver on behalf of Samuel K. Lipari. (Hawver, Ira) (Entered: 09/11/2007)
09/11/2007
37 RESPONSE by Plaintiff Samuel K. Lipari re 22 MOTION to Dismiss (Hawver, Ira) (Entered: 09/11/2007)
10/03/2007
38 REPLY to Response to Motion by Defendants US Bancorp N A, US Bank NA re: 22 MOTION to Dismiss (Heidrick, Jay) (Entered: 10/03/2007)
11/16/2007
39 ORDER granting in part and denying in part 22 Motion to Dismiss. Signed by Judge Carlos Murguia on 11/16/07. (js) (Entered: 11/16/2007)
11/27/2007
40 RESPONSE by Plaintiff Samuel K. Lipari re 39 Order on Motion to Dismiss (Hawver, Ira) (Entered: 11/27/2007)
11/30/2007
41 ORDER SETTING SCHEDULING CONFERENCE: Telephone Scheduling Conference set for 1/11/2008 at 03:00 PM before Magistrate Judge David J. Waxse. Report of Parties Planning Meeting deadline 1/4/2008. Signed by Magistrate Judge David J. Waxse on 11/30/07. (ll) (Entered: 11/30/2007)
12/06/2007
42 RESPONSE to 40 Response to Order by Defendants US Bancorp N A, US Bank NA. (Heidrick, Jay) (Entered: 12/06/2007)
12/19/2007
43 MOTION to Dismiss Pursuant to Rule 12(b)(6) and Rule 8 of the Federal Rules of Civil Procedure by Defendants US Bancorp N A, US Bank NA. (Heidrick, Jay) (Entered: 12/19/2007)
12/19/2007
44 MEMORANDUM IN SUPPORT of 43 MOTION to Dismiss Pursuant to Rule 12(b)(6) and Rule 8 of the Federal Rules of Civil Procedure by Defendants US Bancorp N A, US Bank NA. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A, # 3 Exhibit B)(Heidrick, Jay) (Entered: 12/19/2007)
12/27/2007
45 MOTION to Withdraw as Attorney by Plaintiff Samuel K. Lipari. (Attachments: # 1 Exhibit Proposed Order, # 2 Exhibit Acknowledgement of Plaintiff)(Hawver, Ira) (Entered: 12/27/2007)
12/28/2007
46 MOTION for Extension of Time to File Response as to 43 MOTION to Dismiss
https://ecf.ksd.uscourts.gov/cgi-bin/DktRpt.pl?106806199365815-L_801_0-1
Page 4 of 16
79
District of Kansas
12/2/08 9:37 AM
Pursuant to Rule 12(b)(6) and Rule 8 of the Federal Rules of Civil Procedure, 44 Memorandum in Support of Motion, by Plaintiff Samuel K. Lipari(Hawver, Ira) (Entered: 12/28/2007) 12/31/2007
47 RESPONSE by Defendants US Bancorp N A, US Bank NA re 45 MOTION to Withdraw as Attorney Defendants' Response to the Motion for Leave to Withdraw as Counsel Filed by Dennis Hawver (Olthoff, Mark) (Entered: 12/31/2007)
12/31/2007
48 RESPONSE by Defendants US Bancorp N A, US Bank NA re 46 MOTION for Extension of Time to File Response as to 43 MOTION to Dismiss Pursuant to Rule 12(b)(6) and Rule 8 of the Federal Rules of Civil Procedure, 44 Memorandum in Support of Motion, (Heidrick, Jay) (Entered: 12/31/2007)
01/02/2008
49 ORDER granting 45 Motion to Withdraw as Attorney. Attorney Ira Dennis Hawver terminated as attorney for plaintiff Samuel K. Lipari. Signed by Magistrate Judge David J. Waxse on 1/2/08. (mh) (Entered: 01/02/2008)
01/11/2008
MINUTE ENTRY for Telephone Scheduling Conference held before Magistrate Judge David J. Waxse on 1/11/2008. Written Scheduling Order to follow. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ll) (Entered: 01/11/2008)
01/14/2008
50 SCHEDULING ORDER: Estimated trial time 15-20 days. Jury Trial set for 3/2/2009 at 01:30 PM before District Judge Carlos Murguia. Discovery deadline 7/1/2008. Dispositive motion deadline 8/15/2008. Final Pretrial Conference set for 7/30/2008 at 10:00 AM before District Magistrate Judge David J. Waxse. Proposed Pretrial Order due by 7/23/2008. SEE ORDER FOR FURTHER DEADLINES. Signed by Magistrate Judge David J. Waxse on 1/14/08. (mh) (Entered: 01/14/2008)
01/24/2008
51 ORDER granting in part and denying in part 46 Motion for Extension of Time to File Response/Reply re 43 MOTION to Dismiss Pursuant to Rule 12(b)(6) and Rule 8 of the Federal Rules of Civil Procedure. Response deadline 2/1/2008. Signed by District Judge Carlos Murguia on 1/24/08.(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (js) (Entered: 01/24/2008)
01/31/2008
52 RESPONSE by Plaintiff Samuel K. Lipari re 43 MOTION to Dismiss Pursuant to Rule 12(b)(6) and Rule 8 of the Federal Rules of Civil Procedure (yh) (Entered: 02/01/2008)
02/13/2008
53 NOTICE OF SERVICE by Samuel K. Lipari of discovery document and production request (yh) (Entered: 02/14/2008)
02/21/2008
54 REPLY to Response to Motion by Defendants US Bancorp N A, US Bank NA re: 43 MOTION to Dismiss Pursuant to Rule 12(b)(6) and Rule 8 of the Federal Rules of Civil Procedure REPLY MEMORANDUM IN SUPPORT OF MOTION TO DISMISS (Olthoff, Mark) (Entered: 02/21/2008)
03/03/2008
55 MOTION for extension of time to file supplemental Rule 26 disclosures by Plaintiff Samuel K. Lipari(yh) (Entered: 03/03/2008)
03/05/2008
56 RESPONSE by Defendants US Bancorp N A, US Bank NA re 55 MOTION for
https://ecf.ksd.uscourts.gov/cgi-bin/DktRpt.pl?106806199365815-L_801_0-1
Page 5 of 16
80
District of Kansas
12/2/08 9:37 AM
extension of time (Attachments: # 1 Exhibit A)(Heidrick, Jay) (Entered: 03/05/2008) 03/11/2008
57 NOTICE OF SERVICE by US Bancorp N A, US Bank NA of Defendants' First Interrogatories and First Request for Production (Heidrick, Jay) (Entered: 03/11/2008)
03/17/2008
58 ORDER finding as moot 55 Motion for Extension of Time to File. Plaintiff's request for an extension of time to serve his supplemental disclosures until 4/15/2008 is unnecessary as Para. 2.h of the Scheduling Order provides that supplemental disclosures are to be served 40 days before the deadline for completion of discovery. The deadline for completion of discovery is 7/1/2008; therefore, the deadline for serving supplemental disclosures is 5/21/2008. Entered by Magistrate Judge James P. O'Hara on 3/17/08. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (mh) (Entered: 03/17/2008)
03/17/2008
59 MOTION for Protective Order relating to Plaintiff's First Requests for Production by Defendants US Bancorp N A, US Bank NA(Heidrick, Jay) (Entered: 03/17/2008)
03/17/2008
60 MEMORANDUM IN SUPPORT of 59 MOTION for Protective Order relating to Plaintiff's First Requests for Production by Defendants US Bancorp N A, US Bank NA(Heidrick, Jay) (Entered: 03/17/2008)
03/17/2008
61 INDEX OF EXHIBITS by Defendants US Bancorp N A, US Bank NA re 59 MOTION for Protective Order relating to Plaintiff's First Requests for Production (Attachments: # 1 Exhibit A- Plaintiff's Requests for Production, # 2 Exhibit B- Good faith efforts to resolve dispute)(Heidrick, Jay) (Entered: 03/17/2008)
03/17/2008
62 NOTICE OF SERVICE by US Bancorp N A, US Bank NA of Discovery (Heidrick, Jay) (Entered: 03/17/2008)
03/26/2008
63 MOTION for Leave to Amend Complaint (Petition) re 1 Notice of Removal by Plaintiff Samuel K. Lipari(yh) (Entered: 03/27/2008)
03/27/2008
64 NOTICE of Supplemental Authority by Samuel K. Lipari (yh) (Entered: 03/27/2008)
03/27/2008
65 RESPONSE by Plaintiff Samuel K. Lipari re 59 MOTION for Protective Order relating to Plaintiff's First Requests for Production (Attachments: # 1 Exhibit 1Letter, # 2 Exhibit 2-Settlement Brief)(yh) (Entered: 03/27/2008)
04/04/2008
66 ORDER denying wihtout prejudice 63 Motion for Leave to Amend Complaint. Signed by Magistrate Judge David J. Waxse on 4/4/2008.(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (bh) (Entered: 04/04/2008)
04/10/2008
67 REPLY to Response to Motion by Defendants US Bancorp N A, US Bank NA re: 59 MOTION for Protective Order relating to Plaintiff's First Requests for Production (Heidrick, Jay) (Entered: 04/10/2008)
04/22/2008
68 MOTION to Compel Plaintiff's Compliance with Rule 26(a) by Defendants US Bancorp N A, US Bank NA(Heidrick, Jay) (Entered: 04/22/2008)
04/22/2008
69 INDEX OF EXHIBITS by Defendants US Bancorp N A, US Bank NA re 68
https://ecf.ksd.uscourts.gov/cgi-bin/DktRpt.pl?106806199365815-L_801_0-1
Page 6 of 16
81
District of Kansas
12/2/08 9:37 AM
MOTION to Compel Plaintiff's Compliance with Rule 26(a) (Attachments: # 1 Exhibit 1 to Motion)(Heidrick, Jay) (Entered: 04/22/2008) 04/22/2008
70 MEMORANDUM IN SUPPORT of 68 MOTION to Compel Plaintiff's Compliance with Rule 26(a) by Defendants US Bancorp N A, US Bank NA (Attachments: # 1 Exhibit Index to Memorandum of Law, # 2 Exhibit A to Memorandum, # 3 Exhibit B to Memorandum)(Heidrick, Jay) (Entered: 04/22/2008)
04/30/2008
71 NOTICE OF SERVICE by Samuel K. Lipari of Deposition and Duces Tecum Request (yh) (Entered: 05/01/2008)
04/30/2008
72 NOTICE OF SERVICE by Samuel K. Lipari of Rule 26 Supplemental Disclosures (yh) (Entered: 05/01/2008)
04/30/2008
73 NOTICE OF SERVICE by Samuel K. Lipari of Answers to defendant's First Set of Interrogatories (yh) (Entered: 05/01/2008)
04/30/2008
74 MOTION for time to extend discovery by Plaintiff Samuel K. Lipari.(yh) (Entered: 05/01/2008)
04/30/2008
75 MEMORANDUM in Opposition by Plaintiff Samuel K. Lipari re 68 MOTION to Compel Plaintiff's Compliance with Rule 26(a) (Attachments: # 1 Exhibit 1 MSC Amended Complaint, # 2 Exhibit 2 Motion for Hearing, # 3 Exhibit 3 Response to Hearing Motion, # 4 Exhibit 4 Appellant Brief, # 5 Exhibit 5 MSC v Neoforma, # 6 Exhibit 6 MSC Motion to Consolidate)(yh) (Entered: 05/01/2008)
05/09/2008
76 NOTICE by Defendants US Bancorp N A, US Bank NA of taking deposition of Samuel Lipari on May 28, 2008 (Heidrick, Jay) (Entered: 05/09/2008)
05/14/2008
77 SECOND NOTICE of Supplemental Authority by Samuel K. Lipari (yh) (Entered: 05/14/2008)
05/15/2008
78 RESPONSE by Defendants US Bancorp N A, US Bank NA re 74 MOTION for extension of time (Heidrick, Jay) (Entered: 05/15/2008)
05/15/2008
79 REPLY to Response to Motion by Defendants US Bancorp N A, US Bank NA re: 68 MOTION to Compel Plaintiff's Compliance with Rule 26(a) (Attachments: # 1 Exhibit A- Supplemental Disclosures)(Heidrick, Jay) (Entered: 05/15/2008)
05/16/2008
80 MOTION for Protective Order against deposition by Plaintiff Samuel K. Lipari(yh) (Entered: 05/16/2008)
05/16/2008
81 Initial Witness & Exhibit List by US Bancorp N A, US Bank NA.(Heidrick, Jay) (Entered: 05/16/2008)
05/19/2008
82 MOTION for Protective Order for Plaintiff's Notice of Deposition Duces Tecum by Defendants US Bancorp N A, US Bank NA(Heidrick, Jay) (Entered: 05/19/2008)
05/19/2008
83 MEMORANDUM IN SUPPORT of 82 MOTION for Protective Order for Plaintiff's Notice of Deposition Duces Tecum by Defendants US Bancorp N A, US Bank NA (Attachments: # 1 Exhibit A- Letter to Lipari)(Heidrick, Jay) (Entered: 05/19/2008)
05/20/2008
84 AMENDED DOCUMENT by US Bancorp N A, US Bank NA. Amendment to 83
https://ecf.ksd.uscourts.gov/cgi-bin/DktRpt.pl?106806199365815-L_801_0-1
Page 7 of 16
82
District of Kansas
12/2/08 9:37 AM
Memorandum in Support of Motion, 82 MOTION for Protective Order for Plaintiff's Notice of Deposition Duces Tecum. (Heidrick, Jay) (Entered: 05/20/2008) 05/22/2008
85 MOTION to Compel Discovery Responses by Defendants US Bancorp N A, US Bank NA(Heidrick, Jay) (Entered: 05/22/2008)
05/22/2008
86 MEMORANDUM IN SUPPORT of 85 MOTION to Compel Discovery Responses by Defendants US Bancorp N A, US Bank NA(Heidrick, Jay) (Entered: 05/22/2008)
05/22/2008
87 INDEX OF EXHIBITS by Defendants US Bancorp N A, US Bank NA re 85 MOTION to Compel Discovery Responses and Memorandum in Support (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Heidrick, Jay) (Entered: 05/22/2008)
05/30/2008
88 RESPONSE by Defendants US Bancorp N A, US Bank NA re 80 MOTION for Protective Order against Deposition (Heidrick, Jay) (Entered: 05/30/2008)
05/30/2008
89 Opposition by Plaintiff Samuel K. Lipari re 82 MOTION for Protective Order for Plaintiff's Notice of Deposition Duces Tecum (yh) (Entered: 06/02/2008)
06/03/2008
90 ORDER denying 74 Motion for Extension of Time. Plaintiff's motion to extend discovery until 10/1/08 is denied for failure to show the requisite good cause for amending the scheduling order. Entered by Magistrate Judge David J. Waxse on 6/3/08. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (mh) (Entered: 06/03/2008)
06/05/2008
91 NOTICE OF SERVICE by Samuel K. Lipari of Second Rule 26 Supplemental Disclsoures (yh) (Entered: 06/06/2008)
06/12/2008
93 NOTICE of unavailability by Samuel K. Lipari (mm) (Entered: 06/13/2008)
06/12/2008
94 Objection to Order of Magistrate Judge re 90 Order on Motion for Extension of Time by Plaintiff Samuel K. Lipari(mm) (Entered: 06/13/2008)
06/13/2008
92 REPLY to Response to Motion by Defendants US Bancorp N A, US Bank NA re: 82 MOTION for Protective Order for Plaintiff's Notice of Deposition Duces Tecum (Heidrick, Jay) (Entered: 06/13/2008)
06/19/2008
95 RESPONSE by Defendants US Bancorp N A, US Bank NA re 94 Objection to Order of Magistrate Judge re 90 Order on Motion for Extension of Time, by Plaintiff Samuel K. Lipari (Heidrick, Jay) (Entered: 06/19/2008)
07/08/2008
96 MEMORANDUM AND ORDER granting 85 Motion to Compel. Plaintiff shall, within fourteen days of the date of this Order, produce all documents responsive to Defendants' First Set of Requests for Production and serve supplemental responses to Defendants' First Interrogatories No. 1, 3, 5-14, 16-17, and 21. Plaintiff shall, within twenty-one (21) days of the date of this Order, show cause in a pleading filed with the Court, why he should not be required to pay the reasonable fees and expenses that Defendants have incurred in making their Motion to Compel. Signed by Magistrate Judge David J. Waxse on 7/8/2008. (bh) (Entered: 07/08/2008)
07/10/2008
97 Objection to Order of Magistrate Judge re 96 Order on Motion to Compel,, by
https://ecf.ksd.uscourts.gov/cgi-bin/DktRpt.pl?106806199365815-L_801_0-1
Page 8 of 16
83
District of Kansas
12/2/08 9:37 AM
Plaintiff Samuel K. Lipari (Attachments: # 1 Exhibit Vol. I)(yh). (Entered: 07/11/2008) 07/10/2008
98 FURTHER EXHIBIT(S) IN SUPPORT of 96 Order on Motion to Compel,, 97 Objection to Order of Magistrate Judge re 96 Order on Motion to Compel,, by Plaintiff Samuel K. Lipari. (Attachments: # 1 Exhibit Vol. II part 2, # 2 Exhibit Vol. III, # 3 Exhibit Settlement Brief)(yh) (Entered: 07/11/2008)
07/11/2008
99 MEMORANDUM AND ORDER overruling 94 plaintiff's Objection to the Magistrate's Order Denying Extension of Discovery. Signed by District Judge Carlos Murguia on 7/11/2008. (jw) (Entered: 07/11/2008)
07/18/2008
100 MOTION to Alter OR Amend Judgment re 99 Memorandum and Order on Objection to Order of Magistrate Judge and MOTION to Stay Further Pretrial Proceedings (Response deadline 8/1/2008) by Plaintiff Samuel K. Lipari (Attachments: # 1 Exhibit 1; # 2 Exhibit 2)(ck) (Entered: 07/18/2008)
07/18/2008
101 MOTION to Amend Petition re 1 Notice of Removal by Plaintiff Samuel K. Lipari. (Attachments: # 1 Exhibit 1; # 2 Exhibit 2)(ck) (Entered: 07/18/2008)
07/18/2008
102 RESPONSE by Defendants US Bancorp N A, US Bank NA re 97 Objection to Order of Magistrate Judge re 96 Order on Motion to Compel by Plaintiff Samuel K. Lipari (Heidrick, Jay) (Entered: 07/18/2008)
07/18/2008
107 MOTION to Stay Discovery (This was originally filed with document 100 MOTION to Alter Judgment & MOTION to Stay Discovery but should have been entered as two separate motions) by Plaintiff Samuel K. Lipari.(mm) (Entered: 07/30/2008)
07/22/2008
103 MEMORANDUM AND ORDER granting in part and denying in part 68 Motion to Compel. On or before 7/30/2008, Plaintiff shall serve an amended Rule 26(a)(1)(A)(i) witness disclosure statement in compliance with this Memorandum and Order. On or before 7/30/2008, Plaintiff shall serve a supplemental Rule 26(a)(1)(A)(ii) document disclosure statement or serve amended Rule 26(a)(1)(A)(ii) document disclosures in compliance with this Memorandum and Order. On or before 8/13/2008, Plaintiff shall show cause why he should not be required to pay a portion of the reasonable fees and expenses that Defendants incurred in making their Motion to Compel. Signed by Magistrate Judge David J. Waxse on 7/22/2008. (bh) (Entered: 07/22/2008)
07/23/2008
104 Order Converting Pretrial Conference to Status Conference. On the Court's own motion, the Pretrial Conference scheduled for 7/30/2008 at 10:00 a.m. is converted to a telephone status conference, at which time the Court will take up Plaintiff's Motion to Stay (doc. 100). Entered by Magistrate Judge David J. Waxse on 7/23/08. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (mh) (Entered: 07/23/2008)
07/28/2008
105 MEMORANDUM AND ORDER denying 101 Motion to Amend Complaint. Signed by Magistrate Judge David J. Waxse on 7/28/2008. (bh) (Entered: 07/28/2008)
07/28/2008
106 MEMORANDUM in Opposition by Defendants US Bancorp N A, US Bank NA re 100 MOTION to Alter Judgment MOTION to Stay Discovery re 99 Order on Objection to Order of Magistrate Judge MOTION to Stay Discovery re 99 Order on
https://ecf.ksd.uscourts.gov/cgi-bin/DktRpt.pl?106806199365815-L_801_0-1
Page 9 of 16
84
District of Kansas
12/2/08 9:37 AM
Objection to Order of Magistrate Judge (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Olthoff, Mark) (Entered: 07/28/2008) 07/31/2008
108 MINUTE ENTRY for proceedings held before Magistrate Judge David J. Waxse: Denying 107 Motion to Stay Discovery; Status Conference and Motion Hearing held on 7/30/2008 re 107 MOTION to Stay Discovery. Plaintiff appeared pro se. Defendants appeared through counsel Mark A. Olthoff. Plaintiff's Motion is denied for failure to establish good cause for staying the proceedings. The pretrial conference is rescheduled for 8/14/2008 at 2:30 p.m. The parties shall prepare a proposed joint pretrial order. Defendants shall submit the proposed pretrial order to the Magistrate Judge on or before 8/11/2008. The deadline for filing dispositive motions is continued to 8/22/2008. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (bh) (Entered: 07/31/2008)
08/07/2008
109 ORDER: The Telephone Pretrial Conference set for 8/14/2008 is hereby rescheduled for 8/28/2008 at 02:00 PM before Magistrate Judge David J. Waxse. Proposed Pretrial Order due by 8/21/2008. Dispositive motion deadline continued to 9/5/2008. Jury Trial continued to 4/6/2009 at 01:30 PM in Courtroom 463 (CM) before District Judge Carlos Murguia. Entered by Magistrate Judge David J. Waxse on 8/7/08. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ll) (Entered: 08/07/2008)
08/11/2008
110 RESPONSE by Defendants US Bancorp N A, US Bank NA re 107 MOTION to Stay Discovery re 100 MOTION to Alter Judgment MOTION to Stay Discovery re 99 Order on Objection to Order of Magistrate Judge MOTION to Stay Discovery re 99 Order on Objection to Order of Magistrate Judge (Heidrick, Jay) (Entered: 08/11/2008)
08/18/2008
111 RESPONSE by Defendants US Bancorp N A, US Bank NA re 103 Order on Motion to Compel,, Order to Plaintiff to Show Cause (Heidrick, Jay) (Entered: 08/18/2008)
08/18/2008
112 ANSWER to defendant's Rule 59 110 Response to Motion by Plaintiff Samuel K. Lipari. (yh) (Entered: 08/18/2008)
08/18/2008
113 RESPONSE to defendant's assertion re: 111 Response to Order by Plaintiff Samuel K. Lipari. (yh) (Entered: 08/18/2008)
08/18/2008
114 NOTICE AND ORDER TO SHOW CAUSE. Signed by Magistrate Judge David J. Waxse on 8/18/08. (mh) (Entered: 08/18/2008)
08/18/2008
08/18/2008
08/18/2008
DOCKET ANNOTATION: Notice and Order to Show Cause 114 mailed to Samuel Lipari, 297 NE Bayview, Lee's Summit, MO 64064 by regular United States Mail and by certified mail, return receipt requested (receipt # 70022030000122080760) on 8/18/08. (mh) (Entered: 08/18/2008) 115 ORDER directing plaintiff to pay fees in connection with defendants' motion to compel 68 and pursuant to the court's direction in doc. 103. Signed by Magistrate Judge David J. Waxse on 8/18/08. (mh) (Entered: 08/18/2008) DOCKET ANNOTATION: Doc. 115 mailed to Samuel Lipari, 297 NE Bayview, Lee's Summit, MO 64064, by regular United States mail and by certified mail, return
https://ecf.ksd.uscourts.gov/cgi-bin/DktRpt.pl?106806199365815-L_801_0-1
Page 10 of 16
85
District of Kansas
12/2/08 9:37 AM
receipt requested (receipt # 70022030000122080777), on 8/18/08. (mh) (Entered: 08/18/2008) 08/18/2008
116 AFFIDAVIT of prejudice by Samuel K. Lipari. (yh) (Entered: 08/19/2008)
08/20/2008
117 ORDER regarding 114 Notice and Order to Show Cause. The Court has reviewed Plaintiff's reply (doc. 113) to Defendants' response (doc. 111) regarding Plaintiff's asserted noncompliance with the Court's 7/22/08 Order (doc. 103). Plaintiff's filing of the reply does not relieve Plaintiff of the obligation to respond to the Order to Show Cause. Plaintiff shall file his response to the Order to Show Cause on or before 8/27/08. Entered by Magistrate Judge David J. Waxse on 8/20/08. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (mh) (Entered: 08/20/2008)
08/20/2008
118 MOTION for Order to Show Cause by Defendants US Bancorp N A, US Bank NA (Attachments: # 1 Exhibit A)(Heidrick, Jay) (Entered: 08/20/2008)
08/22/2008
119 CERTIFIED MAIL RECEIPT returned regarding 114 Order, and 115 Order, addressed to Samuel Lipari. (mg) (Entered: 08/25/2008)
08/22/2008
122 OBJECTION to Order of Magistrate Judge re Order 115 by Plaintiff Samuel K. Lipari. (mm) (Entered: 08/25/2008)
08/22/2008
123 Objection to Order of Magistrate Judge re Order 117 by Plaintiff Samuel K. Lipari (Attachments: #(1) Exhibit 1, (2) Exhibit 1A, (3) Exhibit 1B, (4) Exhibit 1C-1, (5) Exhibit 1C-2, (6) Exhibit 1D, (7) Exhibit 2-1, (8) Exhibit 2-2, (9) Exhibit 2 Letter, (10) Exhibit 3, (11) Exhibit 4, (12) Exhibit 5, # 13 Exhibit 6, (14) Exhibit 7, (15) Exhibit 8, (16) Exhibit 9)(mm) (Entered: 08/25/2008)
08/25/2008
120 SECOND NOTICE AND ORDER TO SHOW CAUSE. Defendants' Motion for Order to Show Cause 118 is granted. Plaintiff Samuel K. Lipari is required to show cause to United States District Judge Carlos Murguia, in a pleading filed by 9/8/08, why this case should not be dismissed with prejudice, or other sanctions imposed, pursuant to Federal Rule of Civil Procedure 37(b)(2)(A) for failure to comply with the Courts 7/8/08 Order (doc. 96), and/or pursuant to Federal Rules of Civil Procedure 16(f) and 37(b)(2)(A) for failure to participate in the preparation of a joint proposed pretrial order. Signed by Magistrate Judge David J. Waxse on 8/25/08. (mh) (Entered: 08/25/2008)
08/25/2008
121 ORDER continuing pretrial conference. In light of the Court's recent show cause orders, the Court, on its own motion, continues the 8/28/08 telephone pretrial conference to 10/28/08 at 11:00 a.m. before Magistrate Judge David J. Waxse. Defendants shall submit the parties' joint proposed pretrial order to the Magistrate Judge by 10/21/08. Entered by Magistrate Judge David J. Waxse on 8/25/08. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (mh) (Entered: 08/25/2008)
08/25/2008
DOCKET ANNOTATION:Doc. 120 mailed to plaintiff Samuel K. Lipari, 297 NE Bayview, Lee's Summit, MO 64064, by regular United States mail and by certified mail, return receipt requested (certified receipt # 70022030000122080647). (mh) (Entered: 08/25/2008)
https://ecf.ksd.uscourts.gov/cgi-bin/DktRpt.pl?106806199365815-L_801_0-1
Page 11 of 16
86
District of Kansas
12/2/08 9:37 AM
08/25/2008
124 NOTICE of filing motion to remand appeal by Samuel K. Lipari (mm) (Entered: 08/25/2008)
08/27/2008
125 NOTICE of Filing Order Denying Motion to Remand Appeal by US Bancorp N A, US Bank NA (Attachments: # 1 Exhibit Order)(Olthoff, Mark) (Entered: 08/27/2008)
08/27/2008
126 SEALED MOTION for Leave to File Under Seal by Defendants US Bancorp N A, US Bank NA (Attachments: # 1 Exhibit A- Redacted Billings)(Heidrick, Jay) (Entered: 08/27/2008)
08/27/2008
127 AFFIDAVIT of Attorney Fees re 115 Order by US Bancorp N A, US Bank NA. (Heidrick, Jay) (Entered: 08/27/2008)
08/27/2008
128 AFFIDAVIT regarding attorney fees by Defendants US Bancorp N A, US Bank NA(Heidrick, Jay) Modified on 9/2/2008 to correct title of pleading (yh). (Entered: 08/27/2008)
08/28/2008
129 ORDER REFERRING MOTION to Magistrate Judge David J. Waxse re 128 MOTION for Attorney Fees in Support of Affidavit of Attorney Fees, Doc. No. 127 filed by US Bancorp N A, US Bank NA. Signed by District Judge Carlos Murguia on 8/28/2008. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (jw) (Entered: 08/28/2008)
08/28/2008
130 CERTIFIED MAIL RECEIPT returned regarding 120 Order addressed to Samuel K. Lipari. (mg) (Entered: 08/29/2008)
09/02/2008
131 ORDER REFERRING MOTION to Magistrate Judge David J. Waxse re 126 SEALED MOTION for Leave to File Under Seal filed by US Bancorp N A, US Bank NA. Signed by District Judge Carlos Murguia on 9/2/2008. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (jw) (Entered: 09/02/2008)
09/02/2008
132 ORDER granting 126 Motion for Leave to File Under Seal. Defendants are directed to file forthwith the requested document(s) with an event from the SEALED DOCUMENTS category. In addition, Defendants shall serve a copy of the sealed document(s) on Plaintiff. The Clerk shall grant electronic access to sealed document(s) to counsel of record. Pro hac vice attorneys must obtain sealed document(s) from local counsel. Signed by Magistrate Judge David J. Waxse on 9/2/2008.(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (bh) (Entered: 09/02/2008)
09/02/2008
133 ORDER setting new dispositive motion deadline. In light of the Court's recent Show Cause Orders and the continuance of the Pretrial Conference, the Court, on its own motion, extends the deadline for filing dispositive motions to 11/17/2008. Entered by Magistrate Judge David J. Waxse on 9/2/08.(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (mh) (Entered: 09/02/2008)
09/02/2008
134 RESPONSE to 120 Order on Motion for Order to Show Cause,, by Plaintiff Samuel K. Lipari. (Attachments: # 1 Exhibit Answer to Order to Show Cause, # 2 Exhibit 1 Notice of Appeal, # 3 Exhibit 2 Notice of Removal, # 4 Exhibit 3 Motion to remand, # 5 Exhibit 4 Reply, # 6 Exhibit Affidavit of prejudice, # 7 Exhibit 6 Objection to
https://ecf.ksd.uscourts.gov/cgi-bin/DktRpt.pl?106806199365815-L_801_0-1
Page 12 of 16
87
District of Kansas
12/2/08 9:37 AM
Magistrate Order, # 8 Exhibit 7 Tenth Circuit Notice, # 9 Exhibit 7 Plaintiff's response, # 10 Exhibit 8 Unrelated Pretrial Order, # 11 Exhibit 9 Combined pretrial order, # 12 Exhibit 10 Plaintiff's production request, # 13 Exhibit 11 Plaintiff's response to OSC, # 14 Exhibit 12 Reply to demand, # 15 Exhibit 13 Reply to demand, # 16 Exhibit 14 Objection, # 17 Exhibit 15 Letter to clerk, # 18 Exhibit 16 Order on motion to stay discovery, # 19 Exhibit 17 Report of parties' and planning, # 20 Exhibit 18 Response to Second Motion to Dismiss, # 21 Exhibit 19 Affidavit of Samuel K. Lipari)(yh) (Entered: 09/03/2008) 09/02/2008
136 AFFIDAVIT of Samuel K. Lipari in support of re 134 Response to Show Cause Order. Defendant has submitted exhibits in support of affidavit to the court that are to voluminous and will be maintained coventionally in the clerk's office. (3 boxes of exhibits).(mm) (Entered: 09/04/2008)
09/03/2008
135 RESPONSE to 123 Objection to Order of Magistrate Judge re 117 Order,, by Plaintiff Samuel K. LipariObjection to Order of Magistrate Judge re 117 Order,, by Plaintiff Samuel K. Lipari, 122 Objection to Order of Magistrate Judge re 115 Order by Plaintiff Samuel K. Lipari by Defendants US Bancorp N A, US Bank NA. (Heidrick, Jay) (Entered: 09/03/2008)
09/04/2008
137 MEMORANDUM AND ORDER granting in part and denying in part 43 Defendants' Motion to Dismiss Pursuant to Rule 12(b)(6) and Rule 8 of the Federal Rules of Civil Procedure. All claims except plaintiff's misappropriation of trade secrets claim pursuant to Mo. Rev. Stat. section 417.450 are hereby dismissed. Signed by District Judge Carlos Murguia on 9/4/2008. (jw) (Entered: 09/04/2008)
09/04/2008
138 DOCKET ANNOTATION: 137 Memorandum and Order on Motion to Dismiss, sent certified mail 7002 2030 0000 9349 8359 to Samuel K. Lipari, 297 NE Bayview, Lee's Summit, MO 64064. (jw) (Entered: 09/04/2008)
09/05/2008
139 MOTION for Leave to Amend Complaint (Petition) re 1 Notice of Removal by Plaintiff Samuel K. Lipari (Attachments: (1) Exhibit 1 (State Court Petition), (2) Exhibit Proposed Amended Petition)(mm) (Entered: 09/05/2008)
09/08/2008
140 SEALED EXHIBIT(S) of billing records re 127 Affidavit (Heidrick, Jay) (Entered: 09/08/2008)
09/09/2008
141 CERTIFIED MAIL RECEIPT returned re 137 Order on Motion to Dismiss, addressed to Samuel Lipari. (jw) (Entered: 09/09/2008)
09/13/2008
142 RESPONSE by Defendants US Bancorp N A, US Bank NA re 139 MOTION for Leave to Amend Complaint re 1 Notice of Removal (Heidrick, Jay) (Entered: 09/13/2008)
09/22/2008
143 RESPONSE to 134 Response,,, to Order to Show Cause (Doc. No. 120) by Defendants US Bancorp N A, US Bank NA. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Heidrick, Jay) (Entered: 09/22/2008)
10/10/2008
144 MEMORANDUM AND ORDER overruling 97 Objection to Order of Magistrate Judge; denying 100 Motion to Alter or Amend Judgment and to Stay Further Pretrial Proceedings; overruling 122 Objection to Order of Magistrate Judge and overruling
https://ecf.ksd.uscourts.gov/cgi-bin/DktRpt.pl?106806199365815-L_801_0-1
Page 13 of 16
88
District of Kansas
12/2/08 9:37 AM
123 Objection to Order of Magistrate Judge. IT IS FURTHER ORDERED that plaintiff's 116 28 U.S.C. section 144 Affidavit of Prejudice does not require recusal under 28 U.S.C. section 144. Signed by District Judge Carlos Murguia on 10/10/2008. (jw) (Entered: 10/10/2008) 10/15/2008
146 NOTICE of Change of Address by Samuel K. Lipari (mm) (Entered: 10/17/2008)
10/15/2008
147 STIPULATION for order of dismissal of remaining claims by Samuel K. Lipari. (mm) (Entered: 10/17/2008)
10/16/2008
145 ORDER granting 59 Defendants' First Motion for Protective Order; denying 80 Plaintiff's Motion for Protective Order; granting 82 Motion for Protective Order as to Defendant U.S. Bancorp N.A and denying 82 Motion for Protective Order as to Defendant U.S. Bank N.A. Plaintiff shall, within 21 days of the date of this Order, show cause in a pleading filed with the Court, why he should not be required to pay the reasonable fees and expenses that Defendant U.S. Bancorp N.A. incurred in making its Motions for Protective Order (doc. 59 and 82) and opposing Plaintiff's Motion for Protective Order (doc. 80), in addition to the reasonable fees and expenses that Defendant U.S. Bank N.A. incurred in making its Motion for Protective Order (doc. 59) and opposing Plaintiff's Motion for Protective Order (doc. 80). Signed by Magistrate Judge David J. Waxse on 10/16/2008. (bh) (Entered: 10/16/2008)
10/16/2008
148 NOTICE OF APPEAL as to 144 Order on Objection to Order of Magistrate Judge, Order on Motion to Alter Judgment, Order on Motion to Stay Discovery, 145 Order on Motion for Protective Order, 137 Order on Motion to Dismiss by Plaintiff Samuel K. Lipari. (kao) (Entered: 10/17/2008)
10/17/2008
APPEAL FEE STATUS: Filing fee NOT PAID re: Notice of Appeal - Final Judgment, 148 . (THIS IS A TEXT ONLY ENTRY-NO DOCUMENT IS ASSOCIATED WITH THIS TRANSACTION) (kao) (Entered: 10/17/2008)
10/17/2008
149 PRELIMINARY RECORD ON APPEAL transmitted to 10CCA re 148 Notice of Appeal. (Attachment: # 1 Preliminary Record)(kao) (Entered: 10/17/2008)
10/17/2008
150 ORDER finding as moot 139 Motion for Leave to Amend Complaint. Plaintiff states in his Stipulation for Order of Dismissal (doc. 147) that he "voluntarily dismisses his 09/05/2008 Motion for Leave to Amend Complaint." The Court therefore finds the motion moot. Entered by Magistrate Judge David J. Waxse on 10/17/08. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (mh) (Entered: 10/17/2008)
10/17/2008
151 APPEAL DOCKETED in 10CCA on 10/17/2008 and assigned Appeal No. 08-3287 re 148 Notice of Appeal - Final Judgment filed by Samuel K. Lipari. (kao) (Entered: 10/17/2008)
10/20/2008
152 ORDER of 10CCA as to 148 Notice of Appeal - Final Judgment. Jurisdiction challenged. Within twenty-one days from the date of this order, the parties are directed to file memoranda expressing their respective positions on this courts jurisdiction to hear an appeal at this time. See Order for further details. (Appeal No. 08-3287) (Attachment: # 1 Transmittal Letter)(kao) Modified docket text on
https://ecf.ksd.uscourts.gov/cgi-bin/DktRpt.pl?106806199365815-L_801_0-1
Page 14 of 16
89
District of Kansas
12/2/08 9:37 AM
10/20/2008. (kao) (Entered: 10/20/2008) 10/21/2008
153 RESPONSE to 147 Stipulation and conditional joinder by Defendants US Bancorp N A, US Bank NA. (Heidrick, Jay) (Entered: 10/21/2008)
10/22/2008
154 ORDER CONTINUING PRETRIAL CONFERENCE. On the Court's own motion, the telephone Pretrial Conference presently scheduled for 10/28/2008 is continued to 12/3/2008 at 2:00 p.m. Defendants shall submit the joint proposed pretrial order to the Magistrate Judge on or before 11/26/2008. Entered by Magistrate Judge David J. Waxse on 10/22/08. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (mh) (Entered: 10/22/2008)
10/28/2008
155 REPLY to 153 Conditional Stipulation of Dismissal by Plaintiff Samuel K. Lipari. (yh) (Entered: 10/29/2008)
11/14/2008
156 ORDER of 10CCA abating this appeal pending the District Courts resolution of the pending Stipulation for Order of Dismissal of Remaining Claims Pursuant to Federal Rule of Civil Procedure 41(a)(2), the Defendants Response to and Conditional Joinder in Plaintiffs Stipulation for Voluntary Dismissal withPrejudice Under FRCP 41(A), and the appellants reply to that response. (Appeal No. 08-3287) (kao) (Entered: 11/14/2008)
11/24/2008
157 ORDER VACATING SCHEDULING ORDER, AS AMENDED. The Scheduling Order (doc. 50), as amended by the Orders of 8/7/08 (doc. 109) and 10/22/08 (doc. 154), is vacated, pending a ruling on plaintiff's request for dismissal (doc. 147). Entered by Magistrate Judge David J. Waxse on 11/24/08. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (mh) (Entered: 11/24/2008)
11/26/2008
158 MEMORANDUM AND ORDER pursuant to the Court's 103 Memorandum and Order, and 115 Order, Plaintiff shall pay the sum of $700.00 to Defendants within twenty(20) days of the date of the filing of this order. Signed by Magistrate Judge David J. Waxse on 11/26/08.(mg) (Additional attachment added on 11/26/2008: # 1 Memorandum and Order) (mg). (Entered: 11/26/2008)
11/26/2008
159 MEMORANDUM AND ORDER re 147 Plaintiff's Stipulation for Order of Dismissal of Remaining Claims Pursuant to Federal Rule of Civil Procedure 41(A)(2). Plaintiff shall have up to and including December 1, 2008 to withdraw his stipulation for order of dismissal. If plaintiff fails to withdraw his stipulation, the court will dismiss this action and order plaintiff to pay the reasonable attorneys' fees and expenses as ordered in Magistrate Judge Waxse's November 26, 2008 order 158 . See order for further details. Signed by District Judge Carlos Murguia on 11/26/2008. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (jw) (Entered: 11/26/2008)
11/26/2008
160 DOCKET ANNOTATION: 159 Memorandum & Order sent certified mail 7002 2030 0000 9349 8236 to Samuel K. Lipari, 3520 NE Akin Blvd., Ste. 918, Lee's Summit, MO 64064 on 11/26/2008. (jw) (Entered: 11/26/2008)
11/26/2008
161 NOTICE TO COUNSEL OF DOCUMENT ATTACHMENT by Deputy Clerk regarding 158 Memorandum and Order filed 11/26/08: The original document
https://ecf.ksd.uscourts.gov/cgi-bin/DktRpt.pl?106806199365815-L_801_0-1
Page 15 of 16
90
District of Kansas
12/2/08 9:37 AM
attached to that docket entry was not the final order. That Memorandum and Order has been attached to that docket entry, and is also attached to this notice for the purpose of electronic notification. Counsel is instructed to disregard the first order they received; this is the correct Memorandum and Order. Contact the Clerk's Office with questions. (mg) (Entered: 11/26/2008) 11/28/2008
162 RESPONSE to 158 Order by Plaintiff Samuel K. Lipari. (Attachments: # 1 Exhibits in Support of Response)(ck) (Entered: 11/28/2008)
PACER Service Center Transaction Receipt 12/02/2008 09:36:54 PACER Login:
la1630
Client Code:
Description:
Docket Report
Search Criteria:
2:07-cv-02146-CMDJW
Billable Pages:
11
Cost:
0.88
https://ecf.ksd.uscourts.gov/cgi-bin/DktRpt.pl?106806199365815-L_801_0-1
Page 16 of 16
91
District Version 3.2.1
12/2/08 10:01 AM
ECF, JURY, STICKNEY
U.S. District Court Northern District of Texas (Dallas) CIVIL DOCKET FOR CASE #: 3:03-cv-01589-N USA et al v. Novation LLC et al Assigned to: Judge David C Godbey Cause: 31:3729 False Claims Act
Date Filed: 07/15/2003 Jury Demand: Plaintiff Nature of Suit: 890 Other Statutory Actions Jurisdiction: Federal Question
Plaintiff USA ex rel
represented by Sean Robert McKenna US Attorney's Office 1100 Commerce 3rd Floor Dallas , TX 75242 214/659-8600 Fax: 214/767-2916 FAX Email:
[email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Michael F Hertz US Dept of Justice Civil Division PO Box 261 Ben Franklin Station Washington , DC 20044 202/307-0195 Thelma Quince Colbert US Attorney's Office Burnett Plaza 801 Cherry St Suite 1700 Fort Worth , TX 76102-6882 817/252-5200 Fax: 817/978-3368 FAX
Plaintiff State of Texas
represented by Susan Jean Miller
https://ecf.txnd.uscourts.gov/cgi-bin/DktRpt.pl?483077891593001-L_801_0-1
Page 1 of 22
92
District Version 3.2.1
12/2/08 10:01 AM
Ex Rel
Office of the Texas Attorney General Civil Medicaid Fraud Division 300 W 15th St Austin , TX 78711 512/475-4193 Fax: 512/495-9518 Email:
[email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Matthew L Rienstra Attorney General of Texas Capitol Station PO Box 12548 Austin , TX 78711-2548 512/936-1709 Fax: 512/499-0712 FAX TERMINATED: 09/17/2004 Raymond C Winter Office of the Texas Attorney General Antitrust & Civil Medicaid Fraud Div 300 W 15th St Austin , TX 78711 512/936-1709 Fax: 512/370-9477 Email:
[email protected] TERMINATED: 10/24/2007 Robert E Agnor Attorney General of Texas Elder Law & Public Health PO Box 12548 Austin , TX 78711-2548 512/936-1675 Fax: 512/499-0712 FAX
Plaintiff Cynthia I Fitzgerald
represented by Steve W Berman Hagens Berman Sobol Shapiro LLP Tower at Ranier Square 1301 Fifth Ave Suite 2900 Seattle , WA 98101 206/623-7292 Fax: 206/623-0549 Email:
[email protected] LEAD ATTORNEY
https://ecf.txnd.uscourts.gov/cgi-bin/DktRpt.pl?483077891593001-L_801_0-1
Page 2 of 22
93
District Version 3.2.1
12/2/08 10:01 AM
ATTORNEY TO BE NOTICED Erin K Flory Betts Patterson & Mines 1215 Fourth Avenue 800 Financial Center Seattle , WA 98161-1090 206/292-9988 Glenn Grossenbacher Law Office of Glenn Grossenbacher 24165 IH-10 Suite 217-777 San Antonio , TX 78257-1160 210/271-3888 Email:
[email protected] ATTORNEY TO BE NOTICED Jeffrey T Sprung Hagens Berman Sobol Shapiro LLP 1301 Fifth Ave Suite 2900 Seattle , WA 98101 206/623-7292 Fax: 206/623-0549 Email:
[email protected] ATTORNEY TO BE NOTICED John E Clark Goode Casseb Jones Riklin Choate & Watson 2122 North Main Avenue PO Box 120480 San Antonio , TX 78212-9680 210/733-6030 Fax: 210/733-0330 Email:
[email protected] ATTORNEY TO BE NOTICED Mary Louise Cohen Phillips & Cohen LLP 131 Steuart St Suite 501 San Francisco , CA 94105 415/836-9000 Mary A Inman https://ecf.txnd.uscourts.gov/cgi-bin/DktRpt.pl?483077891593001-L_801_0-1
Page 3 of 22
94
District Version 3.2.1
12/2/08 10:01 AM
Phillips & Cohen 131 Steuart St Suite 501 San Francisco , CA 94105 415/836-9000 Email:
[email protected] ATTORNEY TO BE NOTICED Michael Brown Phillips & Cohen 131 Steuart St Suite 501 San Francisco , CA 94105 415/836-9000 Peter W Chatfield Phillips & Cohen LLP 131 Steuart St Suite 501 San Francisco , CA 94105 415/836-9000 Rand J Riklin Goode Casseb Jones Riklin Choate & Watson 2122 North Main Avenue PO Box 120480 San Antonio , TX 78212-9680 210/733-6030 Robert J Hill Claxton & Hill PLLC 10000 N Central Expwy Suite 725 Dallas , TX 75231 214/969-9029 Fax: 214/953-0583 Email:
[email protected] ATTORNEY TO BE NOTICED Roger F Claxton Claxton & Hill PLLC 10000 N Central Expwy Suite 725 Dallas , TX 75231 214/969-9029 Fax: 214/953-0583 https://ecf.txnd.uscourts.gov/cgi-bin/DktRpt.pl?483077891593001-L_801_0-1
Page 4 of 22
95
District Version 3.2.1
12/2/08 10:01 AM
Email:
[email protected] ATTORNEY TO BE NOTICED Stephen L Meagher Phillips & Cohen 131 Steuart St Suite 501 San Francisco , CA 94105 415/836-9000 V. Defendant Novation LLC
represented by William D Sims , Jr Vinson & Elkins 2001 Ross Avenue Suite 3700 Dallas , TX 75201 214/220-7703 Fax: 214/999-7703 FAX Email:
[email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Veronica S Lewis Vinson & Elkins Trammel Crow Center 2001 Ross Ave Suite 3700 Dallas , TX 75201-2975 214/220-7757 Fax: 214/999-7757 FAX Email:
[email protected] ATTORNEY TO BE NOTICED
Defendant VHA Inc
represented by William D Sims , Jr (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Veronica S Lewis (See above for address) ATTORNEY TO BE NOTICED
Defendant University Healthsystem Consortium
represented by William D Sims , Jr
https://ecf.txnd.uscourts.gov/cgi-bin/DktRpt.pl?483077891593001-L_801_0-1
Page 5 of 22
96
District Version 3.2.1
12/2/08 10:01 AM
TERMINATED: 12/21/2007
(See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Defendant Healthcare Purchasing Partners International LLC TERMINATED: 12/21/2007
represented by William D Sims , Jr (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Defendant Johnson & Johnson TERMINATED: 12/21/2007 Defendant Becton Dickinson & Co
represented by Jonathan B Skidmore Fulbright & Jaworski 2200 Ross Ave Suite 2800 Dallas , TX 75201-2784 214/855-8000 Fax: 214/855-8200 FAX Email:
[email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Hannah S Sholl Paul Weiss Rifkind Wharton & Garrison LLP 1285 Avenue of the Americas New York , NY 10019-6064 212/373-3512 Fax: 212/492-0512 Email:
[email protected] ATTORNEY TO BE NOTICED Jacqueline P Rubin Paul Weiss Rifkind Wharton & Garrison LLP 1285 Avenue of the Americas New York , NY 10019-6064 212/373-3000 Email:
[email protected] ATTORNEY TO BE NOTICED Robert A Atkins Paul Weiss Rifkind Wharton & Garrison
https://ecf.txnd.uscourts.gov/cgi-bin/DktRpt.pl?483077891593001-L_801_0-1
Page 6 of 22
97
District Version 3.2.1
12/2/08 10:01 AM
LLP 1286 Avenue of the Americas New York , NY 10019-6064 212/373-3000 Email:
[email protected] ATTORNEY TO BE NOTICED Defendant Heritage Bag Company
represented by H Campbell Zachry Hunton & Williams LLP 1445 Ross Ave Suite 3700 Dallas , TX 75202 214/468-3300 Fax: 214/468-3599 Email:
[email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Melissa J Swindle Hunton & Williams LLP 1445 Ross Ave Suite 3700 Dallas , TX 75202-2799 214/468-3385 Email:
[email protected] ATTORNEY TO BE NOTICED R Heath Cheek Hunton & Williams Fountain Place 1445 Ross Ave Suite 3700 Dallas , TX 75202-2799 214/979-3300 Fax: 214/880-0011 Email:
[email protected] ATTORNEY TO BE NOTICED
Defendant Global Healthcare Exchange TERMINATED: 12/21/2007
represented by Thomas N Tarnay Sidley Austin Brown & Wood 717 N Harwood St Suite 3400 Dallas , TX 75201-6507 214/981-3300 Email:
[email protected] LEAD ATTORNEY
https://ecf.txnd.uscourts.gov/cgi-bin/DktRpt.pl?483077891593001-L_801_0-1
Page 7 of 22
98
District Version 3.2.1
12/2/08 10:01 AM
ATTORNEY TO BE NOTICED Richard D Raskin Sidley Austin LLP One S Dearborn St Chicago , IL 60603 312/853-7000 Fax: 312/853-7036 Email:
[email protected] Scott D Stein Sidley Austin LLP One South Dearborn St Chicago , IL 60603 312/853-7520 Fax: 312/853-7036 Defendant Cardinal Health Inc TERMINATED: 12/21/2007
represented by William Trey C Dowdy , III Strasburger & Price PO Box 50100 901 Main St Ste 4400 Dallas , TX 75250-100 214/651-4746 Fax: 214/659-4032 Email:
[email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Chelsea S Rice Grimes & Shriver PC 1401 H Street NW Suite 500 Washington , DC 20005-3324 202/326-5030 Martha P Rogers Grimes & Shriver PC 1401 H Street NW Suite 500 Washington , DC 20005-3324 202/326-5050 Paul S Weidenfeld Ober Kaler Grimes & Shriver PC 1401 H St NW Suite 500
https://ecf.txnd.uscourts.gov/cgi-bin/DktRpt.pl?483077891593001-L_801_0-1
Page 8 of 22
99
District Version 3.2.1
12/2/08 10:01 AM
Washington , DC 20005-3324 202/326-5080 Defendant Allegiance Corp TERMINATED: 12/21/2007
represented by William Trey C Dowdy , III (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Chelsea S Rice (See above for address) Martha P Rogers (See above for address) Paul S Weidenfeld (See above for address)
Defendant Owens & Minor Inc TERMINATED: 12/21/2007
represented by L James Berglund , II Thompson & Knight 1722 Routh St Suite 1500 Dallas , TX 75201-2533 214/969-1385 Fax: 214/880-3283 FAX Email:
[email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Jason Murray Davis Thompson & Knight LLP 1722 Routh St Suite 1500 Dallas , TX 75201-2533 214/959-1700 Fax: 214/969-1751 Jennifer E Rudenick Thompson & Knight LLP 4040 Broadway Ave Suite 615 San Antonio , TX 78209 210/619-7150 Email:
[email protected]
https://ecf.txnd.uscourts.gov/cgi-bin/DktRpt.pl?483077891593001-L_801_0-1
Page 9 of 22
100
District Version 3.2.1
12/2/08 10:01 AM
ATTORNEY TO BE NOTICED Defendant Ben-Venue Laboratories TERMINATED: 12/21/2007
represented by Darren L McCarty Alston & Bird LLP 2200 Ross Avenue Suite 3601 Dallas , TX 75201 214/922-3414 Fax: 214/922-3899 Email:
[email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Anne M Devens Reed Smith LLP 3110 Fairview Park Dr Suite 1400 Falls Church , VA 22042 703/641-4200
Defendant DuPont Nuclear TERMINATED: 12/21/2007
represented by Larry E Cotten Cotten Schmidt 420 Throckmorton St Suite 500 Fort Worth , TX 76102 817/338-4500 Fax: 817/338-4599 Email:
[email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Angela R Hoyt Cotten Schmidt 420 Throckmorton St Suite 500 Fort Worth , TX 76102-4127 817/338-4500 Fax: 817/338-4599 FAX Email:
[email protected] ATTORNEY TO BE NOTICED
Defendant Abbott Laboratories TERMINATED: 12/21/2007
represented by Christopher S Maynard Jones Day 2727 N Harwood St
https://ecf.txnd.uscourts.gov/cgi-bin/DktRpt.pl?483077891593001-L_801_0-1
Page 10 of 22
101
District Version 3.2.1
12/2/08 10:01 AM
Dallas , TX 75201 214/220-3939 Fax: 214/969-5100 Email:
[email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Angela M Muccino Jones Day 77 West Wacker Dr Suite 3500 Chicago , IL 60601-1692 312/269-4355 Brian J Murray Jones Day 77 W Wacker Dr Suite 3500 Chicago , IL 60601-1692 312/782-3939 Fax: 312/782-8585 Email:
[email protected] ATTORNEY TO BE NOTICED James R Daly Jones Day 77 W Wacker Dr Suite 3500 Chicago , IL 60601-1692 312/269-4141 Defendant Bristol-Meyers Squibb Company TERMINATED: 12/21/2007
represented by Kent A Radford Hogan & Hartson LLP Pennzoil Place 711 Louisiana St Suite 2100 Houston , TX 77002 713/632-1400 Fax: 713/632-1401 Email:
[email protected] LEAD ATTORNEY
Defendant Merck & CO TERMINATED: 12/21/2007
represented by Brian A Colao Greenberg Traurig 2200 Ross Ave Suite 5200
https://ecf.txnd.uscourts.gov/cgi-bin/DktRpt.pl?483077891593001-L_801_0-1
Page 11 of 22
102
District Version 3.2.1
12/2/08 10:01 AM
Dallas , TX 75201 214/665-3674 Fax: 214/665-5974 FAX Email:
[email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Hugh E Hackney Greenberg Traurig 2200 Ross Ave Suite 5200 Dallas , TX 75201 214-665-3676 Email:
[email protected] ATTORNEY TO BE NOTICED Defendant Nycomed Inc TERMINATED: 12/21/2007 also known as GE Healthcare Inc TERMINATED: 12/21/2007
represented by Trevor R Jefferies Hogan & Hartson LLP 711 Louisiana Suite 2100 Houston , TX 77002 713/632-1400 Fax: 713/581-8410 Email:
[email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED
Interested Party Goins, Underkofler, Crawford & Langdon, LLP Date Filed 07/15/2003
07/15/2003
#
Docket Text
1 COMPLAINT against Novation LLC, et al ( Filing fee $150; Receipt number 196483), filed by Cynthia I Fitzgerald.(svc, ) Modified on 7/24/2007 (svc). Additional attachment(s) added on 7/27/2007 (svc). (Entered: 07/16/2003) DEMAND for Trial by Jury by Cynthia I Fitzgerald. (svc, ) Modified on 7/27/2007 (svc). (Entered: 07/16/2003)
07/15/2003
2 Exhibits to 1 complaint filed by Cynthia I Fitzgerald (usc - not imaged due to file size) (svc, ) Modified on 7/27/2007 (svc). (Entered: 07/16/2003)
02/20/2007
31 AMENDED COMPLAINT against Abbott Laboratories, Allegiance Corp, Becton Dickinson & Co, Ben-Venue Laboratories, Bristol-Meyers Squibb Company, Cardinal Health Inc, DuPont Nuclear, Global Healthcare Exchange, Heritage Bag
https://ecf.txnd.uscourts.gov/cgi-bin/DktRpt.pl?483077891593001-L_801_0-1
Page 12 of 22
103
District Version 3.2.1
12/2/08 10:01 AM
Company, Johnson & Johnson, Merck & CO, Owens & Minor Inc, Novation LLC, VHA Inc, University Healthsystem Consortium, Healthcare Purchasing Partners International LLC filed by Cynthia I Fitzgerald. (svc) Modified on 9/24/2007 (jyg). (Entered: 02/21/2007) 05/11/2007
40 NOTICE that USA is not intervening at this time. (svc) (Entered: 05/14/2007)
05/15/2007
41 NOTICE of Non-Intervention by State of Texas (jyg) (Entered: 05/17/2007)
05/23/2007
***Case Reopened per Judge (jyg) (Entered: 05/23/2007)
05/23/2007
42 Order to Unseal Case. See order for specifics. (Signed by Judge David C Godbey on 5/23/07) (svc) (Entered: 05/23/2007)
05/23/2007
43 Order to Unseal Case. See order for specifics. (Signed by Judge David C Godbey on 5/23/07) (svc) (Entered: 05/23/2007)
05/23/2007
44 Order Designating Case for ECF - see order for specifics. (svc) (Entered: 05/23/2007)
09/18/2007
45 Summons Issued as to Johnson & Johnson, Becton Dickinson & Co, Heritage Bag Company, Global Healthcare Exchange, Cardinal Health Inc, Owens & Minor Inc, Ben-Venue Laboratories, DuPont Nuclear, Abbott Laboratories, Bristol-Meyers Squibb Company, Merck & CO, Nycomed Inc, Novation LLC, VHA Inc, University Healthsystem Consortium, Healthcare Purchasing Partners International LLC. (skt) (Entered: 09/19/2007)
09/20/2007
47 Summons Reissued as to Owens & Minor Inc. (lmp) (Entered: 09/20/2007)
09/21/2007
48 SUMMONS Returned Executed as to Heritage Bag Company; served Martin B Lowe on 9/19/2007. (axm) (Entered: 09/21/2007)
09/21/2007
49 SUMMONS Returned Executed as to Merck & CO; served CT Corporation System on 9/19/2007. (axm) (Entered: 09/21/2007)
09/21/2007
50 SUMMONS Returned Executed as to Novation LLC; served CT Corporation System on 9/19/2007. (axm) (Entered: 09/21/2007)
09/21/2007
51 SUMMONS Returned Executed as to VHA Inc; served CT Corporation System on 9/19/2007. (axm) (Entered: 09/21/2007)
09/21/2007
52 SUMMONS Returned Executed as to Abbott Laboratories; served CT Corporation System on 9/19/2007. (axm) (Entered: 09/21/2007)
09/21/2007
53 SUMMONS Returned Executed as to Nycomed Inc; served CT Corporation System on 9/19/2007. (axm) (Entered: 09/21/2007)
09/21/2007
54 SUMMONS Returned Executed as to Healthcare Purchasing Partners International LLC; served CT Corporation System on 9/19/2007. (axm) (Entered: 09/21/2007)
09/21/2007
55 SUMMONS Returned Executed as to Global Healthcare Exchange; served CT Corporation System on 9/19/2007. (axm) (Entered: 09/21/2007)
09/21/2007
56 SUMMONS Returned Executed as to Cardinal Health Inc; served Corporation Service Company on 9/19/2007. (axm) (Entered: 09/21/2007)
https://ecf.txnd.uscourts.gov/cgi-bin/DktRpt.pl?483077891593001-L_801_0-1
Page 13 of 22
104
District Version 3.2.1
12/2/08 10:01 AM
09/28/2007
58 NOTICE of Attorney Appearance by Robert J Hill on behalf of Cynthia I Fitzgerald. (Hill, Robert) (Entered: 09/28/2007)
10/01/2007
59 Affidavit of Non Service by Cynthia I Fitzgerald as to Ben-Venue Laboratories. (Hill, Robert) Modified on 10/2/2007 (svc). (Entered: 10/01/2007)
10/01/2007
60 Affidavit of Service as to Ben-Venue Laboratories ; served on 9/20/2007. (Hill, Robert) Modified on 10/2/2007 (svc). (Entered: 10/01/2007)
10/01/2007
61 Affidavit of Service as to Bristol-Meyers Squibb Company ; served on 9/19/2007. (Hill, Robert) Modified on 10/2/2007 (svc). (Entered: 10/01/2007)
10/01/2007
62 Affidavit of Service as to Johnson & Johnson ; served on 9/20/2007. (Hill, Robert) Modified on 10/2/2007 (svc). (Entered: 10/01/2007)
10/01/2007
63 Affidavit of Service as to Owens & Minor Inc ; served on 9/20/2007. (Hill, Robert) Modified on 10/2/2007 (svc). (Entered: 10/01/2007)
10/01/2007
64 STIPULATION for Extension of Time to Answer, Plead or Otherwise Move by Cynthia I Fitzgerald, Novation LLC, VHA Inc, University Healthsystem Consortium, Healthcare Purchasing Partners International LLC. (axm) (Entered: 10/01/2007)
10/02/2007
65 ***DISREGARD - SEE DOCUMENT 66***Joint Motion for Extension of Time to File Answer to First Amended Complaint by Nycomed Inc (Jefferies, Trevor) Modified on 10/2/2007 (tln). (Entered: 10/02/2007)
10/02/2007
66 STIPULATION re 31 Amended Complaint, by Nycomed Inc, Cynthia I Fitzgerald for Extension of Time to Answer or Respond. (Jefferies, Trevor) (Entered: 10/02/2007)
10/03/2007
67 STIPULATION by Bristol-Meyers Squibb Company, Cynthia I FItzgerald for Extension of Time to Answer or Respond. (Radford, Kent) Modified on 10/5/2007/Added filer (cxb). (Entered: 10/03/2007)
10/03/2007
68 STIPULATION by Merck & Co Inc, Cynthia I Fitzgerald for Extension of Time for Defendant Merck & Co Inc, to Answer, Plead or Otherwise Move. (Colao, Brian) Modified on 10/5/2007/Added filer (cxb). (Entered: 10/03/2007)
10/05/2007
69 STIPULATION re 31 Amended Complaint, by Cynthia I Fitzgerald, Becton Dickinson & Co for Extension of Time for Becton Dickinson and Company to Answer, Plead or Otherwise Move. (Skidmore, Jonathan) Modified on 10/5/2007 (klm). (Entered: 10/05/2007)
10/05/2007
70 Motion for Extension of Time to File Answer Plead or otherwise respond to First Amended Complaint by Cynthia I Fitzgerald, Cardinal Health Inc, Allegiance Corp. (Dowdy, William Trey) Modified on 10/5/2007 (klm). (Entered: 10/05/2007)
10/05/2007
71 NOTICE of Attorney Appearance by Christopher S Maynard on behalf of Abbott Laboratories. (Maynard, Christopher) (Entered: 10/05/2007)
10/05/2007
72 STIPULATION by Cynthia I Fitzgerald, Abbott Laboratories (Joint) for Extension of Time to Answer, Plead or Otherwise Move. (Maynard, Christopher) Modified on
https://ecf.txnd.uscourts.gov/cgi-bin/DktRpt.pl?483077891593001-L_801_0-1
Page 14 of 22
105
District Version 3.2.1
12/2/08 10:01 AM
10/5/2007 (klm). (Entered: 10/05/2007) 10/05/2007
73 STIPULATION re 31 Amended Complaint, by Cynthia I Fitzgerald, Owens & Minor Inc for Extension of Time to Answer, Plead or Otherwise Respond. (Berglund, L) Modified on 10/5/2007 (klm). (Entered: 10/05/2007)
10/05/2007
74 STIPULATION for Extension of Time for Defendant to Answer, Plead or Otherwise Respond to First Amended Complaint by DuPont Nuclear. (Hoyt, Angela) Modified on 10/9/2007 (lmp). (Entered: 10/05/2007)
10/10/2007
75 Application and Order for Admission Pro Hac Vice by Martha P Rogers for Cardinal Health Inc and Allegiance Corp. (Signed by Judge Sidney A Fitzwater on 10/10/07) (Notice turned off - no email address.) (skt) . (Entered: 10/11/2007)
10/10/2007
76 Application and Order for Admission Pro Hac Vice by Chelsea S Rice for Cardinal Health Inc and Allegiance Corp. (Signed by Judge Sidney A Fitzwater on 10/10/07) (Notice turned off - no email address.) (skt) . (Entered: 10/11/2007)
10/17/2007
77 NOTICE of Attorney Appearance by Robert J Hill for Steve W. Berman on behalf of Cynthia I Fitzgerald. (Hill, Robert) (Entered: 10/17/2007)
10/17/2007
78 Application and Order for Admission Pro Hac Vice by Robert A Atkins for Becton Dickinson & Co.(see order for specifics) (Signed by Judge David C Godbey on 10/17/07) (lmp) (Entered: 10/18/2007)
10/17/2007
79 Application and Order for Admission Pro Hac Vice by Hannah S Sholl for Becton Dickinson & Co.(see order for specifics) (Signed by Judge David C Godbey on 10/17/07) (lmp) (Entered: 10/18/2007)
10/17/2007
80 Application and Order for Admission Pro Hac Vice by Jacqueline P Rubin for Becton Dickinson & Co.(see order for specifics) (Signed by Judge David C Godbey on 10/17/07) (lmp) (Entered: 10/18/2007)
10/17/2007
81 Application and Order for Admission Pro Hac Vice by Jeffrey T Sprung for Cynthia I Fitzgerald.(see order for specifics) (Signed by Judge David C Godbey on 10/17/07) (lmp) (Entered: 10/18/2007)
10/17/2007
82 Application and Order for Admission Pro Hac Vice by Steve W Berman for Cynthia I Fitzgerald.(see order for specifics) (Signed by Judge David C Godbey on 10/17/07) (lmp) (Entered: 10/18/2007)
10/19/2007
83 STIPULATION by Ben-Venue Laboratories for Extension of Time to Answer, Plead, or Otherwise Respond to First Amended Complaint. (McCarty, Darren) (Entered: 10/19/2007)
10/31/2007
85 STIPULATION re 31 Amended Complaint, by Heritage Bag Company for Extension of Time to Answer, Move or Otherwise Respond. (Swindle, Melissa) (Entered: 10/31/2007)
10/31/2007
86 WAIVER OF SERVICE Returned Executed as to Allegiance Corp. Waiver sent on 10/19/2007. (Hill, Robert) (Entered: 10/31/2007)
10/31/2007
87 Agreed Motion for Extension of Time to File Answer or Otherwise Respond to
https://ecf.txnd.uscourts.gov/cgi-bin/DktRpt.pl?483077891593001-L_801_0-1
Page 15 of 22
106
District Version 3.2.1
12/2/08 10:01 AM
Plaintiff's Amended Complaint by Cynthia Fitzgerald, Global Healthcare Exchange (Attachments: # 1 Text of Proposed Order) (Tarnay, Thomas) Modified on 11/1/2007 (klm). (Entered: 10/31/2007) 11/06/2007
88 Application and Order for Admission Pro Hac Vice by Brian J Murray for Abbott Laboratories. (Signed by Judge David C Godbey on 11/6/07) (skt) (Entered: 11/07/2007)
11/06/2007
89 Application and Order for Admission Pro Hac Vice by Angela M Muccino for Abbott Laboratories. (Signed by Judge David C Godbey on 11/6/07) (skt) (Entered: 11/07/2007)
11/06/2007
90 Application and Order for Admission Pro Hac Vice by James R Daly for Abbott Laboratories. (Signed by Judge David C Godbey on 11/6/07) (skt) (Entered: 11/07/2007)
11/06/2007
91 Application and Order for Admission Pro Hac Vice by Scott D Stein for Global Healthcare Exchange. (Signed by Judge David C Godbey on 11/6/07) (skt) (Entered: 11/07/2007)
11/06/2007
92 Application and Order for Admission Pro Hac Vice by Richard D Raskin for Global Healthcare Exchange. (Signed by Judge David C Godbey on 11/6/07) (skt) (Entered: 11/07/2007)
11/06/2007
93 Application and Order for Admission Pro Hac Vice by Anne M Devens for BenVenue Laboratories. (Signed by Judge David C Godbey on 11/6/07) (skt) (Entered: 11/07/2007)
11/06/2007
94 Application and Order for Admission Pro Hac Vice by Paul S Weidenfeld for Cardinal Health Inc and Allegiance Corp. (Signed by Judge David C Godbey on 11/6/07) (skt) (Entered: 11/07/2007)
11/15/2007
95 ORDER granting 87 Agreed Motion for Extension of Time to File Answer or Otherwise Respond to Plaintiff's Amended Complaint. Global Healthcare Exchange answer due 12/3/2007. (Signed by Judge David C Godbey on 11/15/07) (lmp) (Entered: 11/16/2007)
11/30/2007
96 STIPULATION by Novation LLC, VHA Inc for Extension of Time to Answer, Plead or Otherwise Move. (Lewis, Veronica) (Entered: 11/30/2007)
11/30/2007
97 MOTION for Leave to File Second Amended Complaint by Cynthia I Fitzgerald with Brief/Memorandum in Support. (Attachments: # 1 Exhibit Second Amended Complaint) (Hill, Robert) (Entered: 11/30/2007)
12/12/2007
98 AMENDED Certificate of Conference by Cynthia I Fitzgerald. Amendment to 97 MOTION for Leave to File Second Amended Complaint. (Hill, Robert) Modified on 12/13/2007 (skt). (Entered: 12/12/2007)
12/13/2007
100 Application and Order for Admission Pro Hac Vice by Mary A Inman for Cynthia I Fitzgerald. (Signed by Judge David C Godbey on 12/13/07) (skt) (Entered: 12/17/2007)
https://ecf.txnd.uscourts.gov/cgi-bin/DktRpt.pl?483077891593001-L_801_0-1
Page 16 of 22
107
District Version 3.2.1
12/14/2007
12/2/08 10:01 AM
99 STIPULATION for Extension of Time to Answer, Move or Otherwise Respond to Second Amended Complaint by Heritage Bag Company and Plaintiff/Relator. (Swindle, Melissa) Modified on 12/18/2007 (lmp). (Entered: 12/14/2007)
12/20/2007
101 ORDER granting 97 Motion for Leave to File Second Amended Complaint. Relator shall file a Second Amended Complaint in the form attached to the motion as Exhibit 1 within three days. (Signed by Judge David C Godbey on 12/20/2007) (axm) (Entered: 12/20/2007)
12/21/2007
102 SECOND AMENDED COMPLAINT for Violation of Federal False Claims Act and Texas Medicaid Fraud Prevention Act against Becton Dickinson & Co, Heritage Bag Company, Novation LLC, VHA Inc filed by Cynthia I Fitzgerald. (Hill, Robert) Modified on 12/21/2007 (lmp). (Entered: 12/21/2007)
12/21/2007
103 STIPULATION for Extension of Time for Becton Dickinson and Company to Answer, Plead or Otherwise Move by Becton Dickinson & Co. (Skidmore, Jonathan) Modified on 12/21/2007 (lmp). (Entered: 12/21/2007)
01/02/2008
104 ***SEE DOC #105/PDF not readable***Agreed MOTION Extend Page Limitation by Novation LLC, VHA Inc (Lewis, Veronica) Modified on 1/3/2008 (jyg). (Entered: 01/02/2008)
01/02/2008
105 Agreed MOTION to Extend Page Limitation by Novation LLC, VHA Inc (Lewis, Veronica) (Entered: 01/02/2008)
01/04/2008
106 ORDER granting 105 Plaintiff/Relator Cynthia I. Fitzgerald and Defendants VHA Inc. and Novation, LLC's Agreed Motion to Extend Page Limitation. VHA/Novation Defendants' Motion to Dismiss and supporting brief shall be limited to fifty (50) pages. Plaintiff's Response to VHA/Novation Defendants' Motion to Dismiss and supporting brief shall be limited to fifty (50) pages. (Signed by Judge David C Godbey on 1/4/08) (klm) (Entered: 01/07/2008)
01/07/2008
107 MOTION to Dismiss by Novation LLC, VHA Inc. (Lewis, Veronica) (Entered: 01/07/2008)
01/07/2008
108 Brief/Memorandum in Support filed by Novation LLC, VHA Inc re 107 MOTION to Dismiss (Lewis, Veronica) (Entered: 01/07/2008)
01/07/2008
109 Appendix in Support filed by Novation LLC, VHA Inc re 107 MOTION to Dismiss. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G# 8 Exhibit H# 9 Exhibit I# 10 Exhibit J# 11 Exhibit Tab 1A# 12 Exhibit Tab 1B# 13 Exhibit Tab 1C# 14 Exhibit Tab 1D# 15 Exhibit Tab 1E# 16 Exhibit Tab 2# 17 Exhibit Tab 3# 18 Exhibit Tab 4# 19 Exhibit Tab 5# 20 Exhibit Tab 6A# 21 Exhibit Tab 6B# 22 Exhibit Tab 7# 23 Exhibit Tab 8# 24 Exhibit Tab 9# 25 Exhibit Tab 10# 26 Exhibit Tab 11# 27 Exhibit Tab 12# 28 Exhibit Tab 13# 29 Exhibit Tab 14# 30 Exhibit Tab 15# 31 Exhibit Tab 16# 32 Exhibit Tab 17# 33 Exhibit Tab 18# 34 Exhibit Tab 19# 35 Exhibit Tab 20# 36 Exhibit Tab 21# 37 Exhibit Tab 22# 38 Exhibit Tab 23# 39 Exhibit Tab 24# 40 Exhibit Tab 25) (Lewis, Veronica) Modified on 1/8/2008 (axm). (Entered: 01/07/2008)
01/11/2008
110 Supplemental STIPULATION for Extension of Time for Becton Dickinson and
https://ecf.txnd.uscourts.gov/cgi-bin/DktRpt.pl?483077891593001-L_801_0-1
Page 17 of 22
108
District Version 3.2.1
12/2/08 10:01 AM
Company to Answer, Plead or Otherwise Move by Becton Dickinson & Co. (Skidmore, Jonathan) Modified on 1/14/2008 (skt). (Entered: 01/11/2008) 01/14/2008
111 MOTION for Leave to Exceed Page Limitation by Heritage Bag Company (Swindle, Melissa) (Entered: 01/14/2008)
01/16/2008
112 ORDER granting 111 Defendant Heritage Bag Company's Motion for Leave to Exceed Page Limitation on its Motion to Dismiss Second Amended Complaint and Supporting Brief. The brief may exceed the page limitation set forth in Local Rule 7.2(c), but may not exceed thirty-one (31) pages. (Signed by Judge David C Godbey on 1/16/08) (klm) (Entered: 01/17/2008)
01/18/2008
113 MOTION to Dismiss Second Amended Complaint by Heritage Bag Company with Brief/Memorandum in Support. (Zachry, H) (Entered: 01/18/2008)
01/23/2008
114 MOTION for Leave to File to Exceed Page Limitation by Becton Dickinson & Co (Skidmore, Jonathan) (Entered: 01/23/2008)
01/24/2008
115 STIPULATION by Cynthia I Fitzgerald for an Extension of Time for Relator to Respond to Novation and VHA's Motion to Dismiss. (Sprung, Jeffrey) (Entered: 01/24/2008)
01/25/2008
116 ORDER granting 114 Motion for Leave to File to Exceed Page Limitation. See order for specifics. (Signed by Judge David C Godbey on January 25, 2008) (jyg) (Entered: 01/25/2008)
01/25/2008
117 MOTION to Dismiss the Second Amended Complaint by Becton Dickinson & Co (Atkins, Robert) (Entered: 01/25/2008)
01/25/2008
118 Brief/Memorandum in Support filed by Becton Dickinson & Co re 117 MOTION to Dismiss the Second Amended Complaint (Atkins, Robert) (Entered: 01/25/2008)
01/25/2008
119 Appendix in Support filed by Becton Dickinson & Co re 117 MOTION to Dismiss the Second Amended Complaint (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M-1, # 14 Exhibit M-2, # 15 Exhibit M-3, # 16 Exhibit N, # 17 Exhibit O, # 18 Exhibit P, # 19 Exhibit Q, # 20 Exhibit R) (Atkins, Robert) (Entered: 01/25/2008)
01/28/2008
120 STIPULATION re 107 MOTION to Dismiss by Cynthia I Fitzgerald, Novation LLC, VHA Inc. (Hill, Robert) Modified on 1/28/2008 (klm). (Entered: 01/28/2008)
02/04/2008
121 STIPULATION by Becton Dickinson & Co, Heritage Bag Company, Cynthia I Fitzgerald for Extension of Time for Remaining Briefing on Motions to Dismiss Second Amended Complaint. (Hill, Robert) (Entered: 02/04/2008)
02/04/2008
122 NOTICE of Change of Address by Robert J Hill, counsel for Cynthia I Fitzgerald. New address is: 10000 N. Central Expressway, Suite 725, Dallas, Texas 75231 (Hill, Robert) (Entered: 02/04/2008)
02/08/2008
123 Brief in Opposition filed by Cynthia I Fitzgerald re 107 MOTION to Dismiss of Novation, LLC and VHA Inc. (Berman, Steve) Modified on 2/11/2008 (lmp).
https://ecf.txnd.uscourts.gov/cgi-bin/DktRpt.pl?483077891593001-L_801_0-1
Page 18 of 22
109
District Version 3.2.1
12/2/08 10:01 AM
(Entered: 02/08/2008) 02/08/2008
124 Rule 56.4 Response filed by Cynthia I Fitzgerald re 107 MOTION to Dismiss of Novation, LLC and VHA Inc. For Lack of Subject Matter Jurisdiction./I> (Berman, Steve) Modified on 2/11/2008 (lmp). (Entered: 02/08/2008)
02/08/2008
125 Appendix in Opposition filed by Cynthia I Fitzgerald re 123 Response to Motion to Dismiss, 124 Response to Motion to Dismiss Novation LLC and VHA Inc for Lack of Subject Matter Jurisdiction (Attachments: # 1 Appendix Part 2, # 2 Appendix Part 3, # 3 Appendix Part 4, # 4 Appendix Part 5, # 5 Appendix Part 6) (Berman, Steve) Modified on 2/11/2008 (lmp). (Entered: 02/08/2008)
02/14/2008
126 STIPULATION for Extension of Time and Page Length for Defendants Novation LLC's and VHA Inc.'s Reply Brief in Support of Their Motion to Dismiss by Novation LLC, VHA Inc. (Lewis, Veronica) Modified on 2/14/2008 (lmp). (Entered: 02/14/2008)
02/15/2008
127 Consent to Realtor's Notice of Voluntary Dismissal by USA. (McKenna, Sean) Modified on 2/15/2008 (lmp). (Entered: 02/15/2008)
03/04/2008
128 MOTION for Leave to File Single Consolidated Opposition Brief by Cynthia I Fitzgerald (Attachments: # 1 Text of Proposed Order) (Berman, Steve) (Entered: 03/04/2008)
03/04/2008
129 Corrected MOTION for Leave to File Single Consolidated Opposition Brief by Cynthia I Fitzgerald (Attachments: # 1 Text of Proposed Order Corrected [Proposed] Order) (Berman, Steve) Modified on 3/5/2008 (jrb). (Entered: 03/04/2008)
03/05/2008
130 RESPONSE in Opposition filed by Cynthia I Fitzgerald re 117 MOTION to Dismiss the Second Amended Complaint, 113 MOTION to Dismiss Second Amended Complaint Plaintiff/Relator's Brief in Opposition to Motions to Dismiss of Becton Dickinson & Company and Heritage Bag Company (Berman, Steve) (Entered: 03/05/2008)
03/05/2008
131 Appendix in Support filed by Cynthia I Fitzgerald re 130 Response in Opposition, Plaintiff/Relator's Supplemental Appendix (Berman, Steve) (Entered: 03/05/2008)
03/05/2008
132 Statement of Interest by State of Texas. (lmp) (Entered: 03/06/2008)
03/05/2008
133 Consent to Realtor's Notice of Voluntary Dismissal by State of Texas. (lmp) (Entered: 03/06/2008)
03/06/2008
134 ORDER GRANTING DISMISSAL OF QUI TAM DEFENDANTS. IT IS HEREBY ORDERED that the civil action against defendants Healthcare Purchasing Partners International, LLC, University HealthSystem Consortium, Johnson & Johnson, Global Healthcare Exchange, Cardinal Health, Inc., Allegiance Corp., Owens & Minor, Inc., Nycomed, Inc., Ben-Venue Laboratories, Dupont Nuclear, Merck and Co., Abbott Laboratories, and Bristol-Myers Squibb Co. is dismissed without prejudice. (Signed by Judge David C Godbey on 3/6/2008) (axm) (Entered: 03/07/2008)
03/14/2008
135 REPLY filed by Novation LLC, VHA Inc re 107 MOTION to Dismiss (Lewis,
https://ecf.txnd.uscourts.gov/cgi-bin/DktRpt.pl?483077891593001-L_801_0-1
Page 19 of 22
110
District Version 3.2.1
12/2/08 10:01 AM
Veronica) (Entered: 03/14/2008) 03/14/2008
136 MOTION to Strike 124 Response to Motion to Dismiss by Novation LLC, VHA Inc (Lewis, Veronica) (Entered: 03/14/2008)
03/14/2008
137 OBJECTION filed by Novation LLC, VHA Inc re 123 Response to Motion to Dismiss (Lewis, Veronica) (Entered: 03/14/2008)
03/28/2008
138 RESPONSE in Opposition filed by Cynthia I Fitzgerald re 136 MOTION to Strike 124 Response to Motion to Dismiss and Brief (Hill, Robert) (Entered: 03/28/2008)
03/28/2008
139 STIPULATION re 117 MOTION to Dismiss the Second Amended Complaint by Becton Dickinson & Co for Extension of Time to Reply in Support of Its Motion to Dismiss. (Skidmore, Jonathan) (Entered: 03/28/2008)
04/02/2008
140 STIPULATION by Heritage Bag Company, Cynthia I Fitzgerald for Extension of Time for Defendant Heritage Bag to Reply. (Zachry, H) (Entered: 04/02/2008)
04/03/2008
141 RESPONSE in Opposition filed by Cynthia I Fitzgerald re 137 Objection Plaintiff/Relator's Response to Objections of Defendant Novation, LLC and VHA, Inc. (Berman, Steve) (Entered: 04/03/2008)
04/08/2008
142 Joint MOTION for Leave to File Replies in Support of Motions to Dismiss in Excess of Page Limitations by Becton Dickinson & Co, Heritage Bag Company (Fogel, Lawrence) (Entered: 04/08/2008)
04/09/2008
143 RESPONSE filed by Cynthia I Fitzgerald re 142 Joint MOTION for Leave to File Replies in Support of Motions to Dismiss in Excess of Page Limitations (Berman, Steve) (Entered: 04/09/2008)
04/10/2008
144 ORDER denying 142 Joint Motion for Leave to File Replies in Support of Motions to Dismiss in Excess of Page Limitations. (Signed by Judge David C Godbey on 4/10/2008) (axm) (Entered: 04/11/2008)
04/11/2008
145 REPLY filed by Novation LLC, VHA Inc re 136 MOTION to Strike 124 Response to Motion to Dismiss (Lewis, Veronica) (Entered: 04/11/2008)
04/11/2008
146 REPLY filed by Heritage Bag Company re 113 MOTION to Dismiss Second Amended Complaint and Supporting Brief (Zachry, H) (Entered: 04/11/2008)
04/11/2008
147 REPLY filed by Becton Dickinson & Co re 117 MOTION to Dismiss the Second Amended Complaint (Atkins, Robert) (Entered: 04/11/2008)
04/18/2008
148 Reply Brief in Support of Objections to Qui Tam Plaintiff/Relator's Evidence filed by Novation LLC, VHA Inc. (Lewis, Veronica) Modified on 4/21/2008 (Monserrate, Angelina). (Entered: 04/18/2008)
06/09/2008
149 NOTICE of Supplemental Authority re: 130 Response in Opposition, filed by Cynthia I Fitzgerald (Attachments: # 1 amicus brief) (Hill, Robert) (Entered: 06/09/2008)
06/18/2008
150 RESPONSE to Plaintiff/Relator's 149 Notice of Supplemental Authority re: 117 MOTION to Dismiss the Second Amended Complaint, 113 MOTION to Dismiss Second Amended Complaint, 107 MOTION to Dismiss filed by Novation LLC and
https://ecf.txnd.uscourts.gov/cgi-bin/DktRpt.pl?483077891593001-L_801_0-1
Page 20 of 22
111
District Version 3.2.1
12/2/08 10:01 AM
VHA Inc (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Lewis, Veronica) Modified on 6/19/2008 (jyg). (Entered: 06/18/2008) 06/26/2008
151 RESPONSE in Opposition filed by Cynthia I Fitzgerald re 150 Reply to Response to Motion, to Defendants' Supplemental Authority (Hill, Robert) (Entered: 06/26/2008)
09/17/2008
152 ORDER granting in part and denying in part 107 Defendants Novation, L.L.C. and VHA, Inc.'s Motion to Dismiss; granting in part and denying in part 113 Defendant Heritage Bag Company's Motion to Dismiss; granting in part and denying in part 117 Defendant Becton Dickinson & Co.'s Motion to Dismiss; granting 129 Plaintiff's Corrected Motion for Leave to File Single Consolidated Opposition Brief; denying as moot 136 Novation and VHA's Motion to Strike. (see order) (Signed by Judge David C Godbey on 9/17/08) (klm) (Entered: 09/18/2008)
09/22/2008
153 NOTICE of intent to destroy documents filed by Goins, Underkofler, Crawford & Langdon, LLP (Broyles, Franklin) (Entered: 09/22/2008)
09/29/2008
154 MOTION for Reconsideration re 152 Order on Motion to Dismiss, Motion for Leave to File, and Motion to Strike,, filed by Cynthia I Fitzgerald (Attachments: # 1 Text of Proposed Order) (Berman, Steve) Modified on 9/30/2008 (jyg). (Entered: 09/29/2008)
09/30/2008
155 ***PROPOSED***Stipulation for and ORDER on Extension of Time to File Answer to Plaintiff's Second Amended Complaint filed by Becton Dickinson & Co, Cynthia I Fitzgerald, Novation LLC, VHA Inc (Lewis, Veronica) Modified on 10/1/2008 (jyg). (Entered: 09/30/2008)
10/01/2008
156 MOTION for Reconsideration re 152 Order on Motion to Dismiss; Order on Motion for Leave to File;and, Order on Motion to Strike filed by Becton Dickinson & Co with Brief/Memorandum in Support. (Attachments: # 1 Memorandum of Law in Support, # 2 Text of Proposed Order) (Rubin, Jacqueline) Modified on 10/2/2008 (jyg). (Entered: 10/01/2008)
10/01/2008
157 STIPULATION FOR AND ORDER ON EXTENSION OF TIME FOR DEFENDANTS TO ANSWER PLAINTIFF'S SECOND AMENDED COMPLAINT. (see order) (Signed by Judge David C Godbey on 10/1/08) (klm) (Entered: 10/02/2008)
10/20/2008
158 RESPONSE in Opposition filed by Novation LLC, VHA Inc re 154 MOTION for Reconsideration and Clarification re 152 Order on Motion to Dismiss; Order on Motion for Leave to File; and Order on Motion to Strike,, (Lewis, Veronica) Modified on 10/20/2008 (jyg). (Entered: 10/20/2008)
10/20/2008
159 RESPONSE filed by Cynthia I Fitzgerald re 156 MOTION for Reconsideration re 152 Order on Motion to Dismiss, Order on Motion for Leave to File,and Order on Motion to Strike. (Berman, Steve) Modified on 10/20/2008 (jyg). (Entered: 10/20/2008)
10/20/2008
160 RESPONSE filed by Heritage Bag Company re 156 MOTION for Reconsideration re 152 Order on Motion to Dismiss, Order on Motion for Leave to File, Order on Motion to Strike. (Zachry, H) Modified on 10/21/2008 (jyg). (Entered: 10/20/2008)
https://ecf.txnd.uscourts.gov/cgi-bin/DktRpt.pl?483077891593001-L_801_0-1
Page 21 of 22
112
District Version 3.2.1
12/2/08 10:01 AM
10/20/2008
161 Second Statement of Interest filed by State of Texas. (mfw) (Entered: 10/20/2008)
10/23/2008
162 MEMORANDUM in Opposition filed by Becton Dickinson & Co re 154 MOTION for Reconsideration re 152 Order on Motion to Dismiss; Order on Motion for Leave to File; and Order on Motion to Strike. (Rubin, Jacqueline) Modified on 10/24/2008 (jyg). (Entered: 10/23/2008)
11/04/2008
163 REPLY in Support of Plaintiff's 154 Motion for Reconsideration and Clarification filed by Cynthia I Fitzgerald. (Berman, Steve) Modified on 11/5/2008 (axm). (Entered: 11/04/2008)
11/07/2008
164 Becton Dickinson and Company's REPLY Memorandum of Law in Further Support of Its Motion re: 156 MOTION for Reconsideration filed by Becton Dickinson & Co (Rubin, Jacqueline) Modified on 11/10/2008 (skt). (Entered: 11/07/2008)
11/14/2008
165 ORDER denying 154 Motion for Reconsideration ; denying 156 Motion for Reconsideration. (see order) (Ordered by Judge David C Godbey on 11/14/08) (lmp) (Entered: 11/17/2008)
11/24/2008
166 NOTICE of Intent to Change Custody of Potential Evidence re: 153 Notice (Other) filed by Goins, Underkofler, Crawford & Langdon, LLP (Broyles, Franklin) Modified on 11/25/2008 (jyg). (Entered: 11/24/2008)
PACER Service Center Transaction Receipt 12/02/2008 09:59:11 PACER Login: la1630
Client Code:
Description:
Docket Report Search Criteria: 3:03-cv-01589-N
Billable Pages:
15
Cost:
https://ecf.txnd.uscourts.gov/cgi-bin/DktRpt.pl?483077891593001-L_801_0-1
1.20
Page 22 of 22
113
District Version 3.2.1
12/2/08 10:01 AM
ECF, JURY, STICKNEY
U.S. District Court Northern District of Texas (Dallas) CIVIL DOCKET FOR CASE #: 3:03-cv-01589-N USA et al v. Novation LLC et al Assigned to: Judge David C Godbey Cause: 31:3729 False Claims Act
Date Filed: 07/15/2003 Jury Demand: Plaintiff Nature of Suit: 890 Other Statutory Actions Jurisdiction: Federal Question
Plaintiff USA ex rel
represented by Sean Robert McKenna US Attorney's Office 1100 Commerce 3rd Floor Dallas , TX 75242 214/659-8600 Fax: 214/767-2916 FAX Email:
[email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Michael F Hertz US Dept of Justice Civil Division PO Box 261 Ben Franklin Station Washington , DC 20044 202/307-0195 Thelma Quince Colbert US Attorney's Office Burnett Plaza 801 Cherry St Suite 1700 Fort Worth , TX 76102-6882 817/252-5200 Fax: 817/978-3368 FAX
Plaintiff State of Texas
represented by Susan Jean Miller
https://ecf.txnd.uscourts.gov/cgi-bin/DktRpt.pl?483077891593001-L_801_0-1
Page 1 of 22
114
Supp. Apdx. 10
District Version 3.2.1
12/2/08 10:01 AM
Ex Rel
Office of the Texas Attorney General Civil Medicaid Fraud Division 300 W 15th St Austin , TX 78711 512/475-4193 Fax: 512/495-9518 Email:
[email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Matthew L Rienstra Attorney General of Texas Capitol Station PO Box 12548 Austin , TX 78711-2548 512/936-1709 Fax: 512/499-0712 FAX TERMINATED: 09/17/2004 Raymond C Winter Office of the Texas Attorney General Antitrust & Civil Medicaid Fraud Div 300 W 15th St Austin , TX 78711 512/936-1709 Fax: 512/370-9477 Email:
[email protected] TERMINATED: 10/24/2007 Robert E Agnor Attorney General of Texas Elder Law & Public Health PO Box 12548 Austin , TX 78711-2548 512/936-1675 Fax: 512/499-0712 FAX
Plaintiff Cynthia I Fitzgerald
represented by Steve W Berman Hagens Berman Sobol Shapiro LLP Tower at Ranier Square 1301 Fifth Ave Suite 2900 Seattle , WA 98101 206/623-7292 Fax: 206/623-0549 Email:
[email protected] LEAD ATTORNEY
https://ecf.txnd.uscourts.gov/cgi-bin/DktRpt.pl?483077891593001-L_801_0-1
Page 2 of 22
115
District Version 3.2.1
12/2/08 10:01 AM
ATTORNEY TO BE NOTICED Erin K Flory Betts Patterson & Mines 1215 Fourth Avenue 800 Financial Center Seattle , WA 98161-1090 206/292-9988 Glenn Grossenbacher Law Office of Glenn Grossenbacher 24165 IH-10 Suite 217-777 San Antonio , TX 78257-1160 210/271-3888 Email:
[email protected] ATTORNEY TO BE NOTICED Jeffrey T Sprung Hagens Berman Sobol Shapiro LLP 1301 Fifth Ave Suite 2900 Seattle , WA 98101 206/623-7292 Fax: 206/623-0549 Email:
[email protected] ATTORNEY TO BE NOTICED John E Clark Goode Casseb Jones Riklin Choate & Watson 2122 North Main Avenue PO Box 120480 San Antonio , TX 78212-9680 210/733-6030 Fax: 210/733-0330 Email:
[email protected] ATTORNEY TO BE NOTICED Mary Louise Cohen Phillips & Cohen LLP 131 Steuart St Suite 501 San Francisco , CA 94105 415/836-9000 Mary A Inman https://ecf.txnd.uscourts.gov/cgi-bin/DktRpt.pl?483077891593001-L_801_0-1
Page 3 of 22
116
District Version 3.2.1
12/2/08 10:01 AM
Phillips & Cohen 131 Steuart St Suite 501 San Francisco , CA 94105 415/836-9000 Email:
[email protected] ATTORNEY TO BE NOTICED Michael Brown Phillips & Cohen 131 Steuart St Suite 501 San Francisco , CA 94105 415/836-9000 Peter W Chatfield Phillips & Cohen LLP 131 Steuart St Suite 501 San Francisco , CA 94105 415/836-9000 Rand J Riklin Goode Casseb Jones Riklin Choate & Watson 2122 North Main Avenue PO Box 120480 San Antonio , TX 78212-9680 210/733-6030 Robert J Hill Claxton & Hill PLLC 10000 N Central Expwy Suite 725 Dallas , TX 75231 214/969-9029 Fax: 214/953-0583 Email:
[email protected] ATTORNEY TO BE NOTICED Roger F Claxton Claxton & Hill PLLC 10000 N Central Expwy Suite 725 Dallas , TX 75231 214/969-9029 Fax: 214/953-0583 https://ecf.txnd.uscourts.gov/cgi-bin/DktRpt.pl?483077891593001-L_801_0-1
Page 4 of 22
117
District Version 3.2.1
12/2/08 10:01 AM
Email:
[email protected] ATTORNEY TO BE NOTICED Stephen L Meagher Phillips & Cohen 131 Steuart St Suite 501 San Francisco , CA 94105 415/836-9000 V. Defendant Novation LLC
represented by William D Sims , Jr Vinson & Elkins 2001 Ross Avenue Suite 3700 Dallas , TX 75201 214/220-7703 Fax: 214/999-7703 FAX Email:
[email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Veronica S Lewis Vinson & Elkins Trammel Crow Center 2001 Ross Ave Suite 3700 Dallas , TX 75201-2975 214/220-7757 Fax: 214/999-7757 FAX Email:
[email protected] ATTORNEY TO BE NOTICED
Defendant VHA Inc
represented by William D Sims , Jr (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Veronica S Lewis (See above for address) ATTORNEY TO BE NOTICED
Defendant University Healthsystem Consortium
represented by William D Sims , Jr
https://ecf.txnd.uscourts.gov/cgi-bin/DktRpt.pl?483077891593001-L_801_0-1
Page 5 of 22
118
District Version 3.2.1
12/2/08 10:01 AM
TERMINATED: 12/21/2007
(See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Defendant Healthcare Purchasing Partners International LLC TERMINATED: 12/21/2007
represented by William D Sims , Jr (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Defendant Johnson & Johnson TERMINATED: 12/21/2007 Defendant Becton Dickinson & Co
represented by Jonathan B Skidmore Fulbright & Jaworski 2200 Ross Ave Suite 2800 Dallas , TX 75201-2784 214/855-8000 Fax: 214/855-8200 FAX Email:
[email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Hannah S Sholl Paul Weiss Rifkind Wharton & Garrison LLP 1285 Avenue of the Americas New York , NY 10019-6064 212/373-3512 Fax: 212/492-0512 Email:
[email protected] ATTORNEY TO BE NOTICED Jacqueline P Rubin Paul Weiss Rifkind Wharton & Garrison LLP 1285 Avenue of the Americas New York , NY 10019-6064 212/373-3000 Email:
[email protected] ATTORNEY TO BE NOTICED Robert A Atkins Paul Weiss Rifkind Wharton & Garrison
https://ecf.txnd.uscourts.gov/cgi-bin/DktRpt.pl?483077891593001-L_801_0-1
Page 6 of 22
119
District Version 3.2.1
12/2/08 10:01 AM
LLP 1286 Avenue of the Americas New York , NY 10019-6064 212/373-3000 Email:
[email protected] ATTORNEY TO BE NOTICED Defendant Heritage Bag Company
represented by H Campbell Zachry Hunton & Williams LLP 1445 Ross Ave Suite 3700 Dallas , TX 75202 214/468-3300 Fax: 214/468-3599 Email:
[email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Melissa J Swindle Hunton & Williams LLP 1445 Ross Ave Suite 3700 Dallas , TX 75202-2799 214/468-3385 Email:
[email protected] ATTORNEY TO BE NOTICED R Heath Cheek Hunton & Williams Fountain Place 1445 Ross Ave Suite 3700 Dallas , TX 75202-2799 214/979-3300 Fax: 214/880-0011 Email:
[email protected] ATTORNEY TO BE NOTICED
Defendant Global Healthcare Exchange TERMINATED: 12/21/2007
represented by Thomas N Tarnay Sidley Austin Brown & Wood 717 N Harwood St Suite 3400 Dallas , TX 75201-6507 214/981-3300 Email:
[email protected] LEAD ATTORNEY
https://ecf.txnd.uscourts.gov/cgi-bin/DktRpt.pl?483077891593001-L_801_0-1
Page 7 of 22
120
District Version 3.2.1
12/2/08 10:01 AM
ATTORNEY TO BE NOTICED Richard D Raskin Sidley Austin LLP One S Dearborn St Chicago , IL 60603 312/853-7000 Fax: 312/853-7036 Email:
[email protected] Scott D Stein Sidley Austin LLP One South Dearborn St Chicago , IL 60603 312/853-7520 Fax: 312/853-7036 Defendant Cardinal Health Inc TERMINATED: 12/21/2007
represented by William Trey C Dowdy , III Strasburger & Price PO Box 50100 901 Main St Ste 4400 Dallas , TX 75250-100 214/651-4746 Fax: 214/659-4032 Email:
[email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Chelsea S Rice Grimes & Shriver PC 1401 H Street NW Suite 500 Washington , DC 20005-3324 202/326-5030 Martha P Rogers Grimes & Shriver PC 1401 H Street NW Suite 500 Washington , DC 20005-3324 202/326-5050 Paul S Weidenfeld Ober Kaler Grimes & Shriver PC 1401 H St NW Suite 500
https://ecf.txnd.uscourts.gov/cgi-bin/DktRpt.pl?483077891593001-L_801_0-1
Page 8 of 22
121
District Version 3.2.1
12/2/08 10:01 AM
Washington , DC 20005-3324 202/326-5080 Defendant Allegiance Corp TERMINATED: 12/21/2007
represented by William Trey C Dowdy , III (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Chelsea S Rice (See above for address) Martha P Rogers (See above for address) Paul S Weidenfeld (See above for address)
Defendant Owens & Minor Inc TERMINATED: 12/21/2007
represented by L James Berglund , II Thompson & Knight 1722 Routh St Suite 1500 Dallas , TX 75201-2533 214/969-1385 Fax: 214/880-3283 FAX Email:
[email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Jason Murray Davis Thompson & Knight LLP 1722 Routh St Suite 1500 Dallas , TX 75201-2533 214/959-1700 Fax: 214/969-1751 Jennifer E Rudenick Thompson & Knight LLP 4040 Broadway Ave Suite 615 San Antonio , TX 78209 210/619-7150 Email:
[email protected]
https://ecf.txnd.uscourts.gov/cgi-bin/DktRpt.pl?483077891593001-L_801_0-1
Page 9 of 22
122
District Version 3.2.1
12/2/08 10:01 AM
ATTORNEY TO BE NOTICED Defendant Ben-Venue Laboratories TERMINATED: 12/21/2007
represented by Darren L McCarty Alston & Bird LLP 2200 Ross Avenue Suite 3601 Dallas , TX 75201 214/922-3414 Fax: 214/922-3899 Email:
[email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Anne M Devens Reed Smith LLP 3110 Fairview Park Dr Suite 1400 Falls Church , VA 22042 703/641-4200
Defendant DuPont Nuclear TERMINATED: 12/21/2007
represented by Larry E Cotten Cotten Schmidt 420 Throckmorton St Suite 500 Fort Worth , TX 76102 817/338-4500 Fax: 817/338-4599 Email:
[email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Angela R Hoyt Cotten Schmidt 420 Throckmorton St Suite 500 Fort Worth , TX 76102-4127 817/338-4500 Fax: 817/338-4599 FAX Email:
[email protected] ATTORNEY TO BE NOTICED
Defendant Abbott Laboratories TERMINATED: 12/21/2007
represented by Christopher S Maynard Jones Day 2727 N Harwood St
https://ecf.txnd.uscourts.gov/cgi-bin/DktRpt.pl?483077891593001-L_801_0-1
Page 10 of 22
123
District Version 3.2.1
12/2/08 10:01 AM
Dallas , TX 75201 214/220-3939 Fax: 214/969-5100 Email:
[email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Angela M Muccino Jones Day 77 West Wacker Dr Suite 3500 Chicago , IL 60601-1692 312/269-4355 Brian J Murray Jones Day 77 W Wacker Dr Suite 3500 Chicago , IL 60601-1692 312/782-3939 Fax: 312/782-8585 Email:
[email protected] ATTORNEY TO BE NOTICED James R Daly Jones Day 77 W Wacker Dr Suite 3500 Chicago , IL 60601-1692 312/269-4141 Defendant Bristol-Meyers Squibb Company TERMINATED: 12/21/2007
represented by Kent A Radford Hogan & Hartson LLP Pennzoil Place 711 Louisiana St Suite 2100 Houston , TX 77002 713/632-1400 Fax: 713/632-1401 Email:
[email protected] LEAD ATTORNEY
Defendant Merck & CO TERMINATED: 12/21/2007
represented by Brian A Colao Greenberg Traurig 2200 Ross Ave Suite 5200
https://ecf.txnd.uscourts.gov/cgi-bin/DktRpt.pl?483077891593001-L_801_0-1
Page 11 of 22
124
District Version 3.2.1
12/2/08 10:01 AM
Dallas , TX 75201 214/665-3674 Fax: 214/665-5974 FAX Email:
[email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Hugh E Hackney Greenberg Traurig 2200 Ross Ave Suite 5200 Dallas , TX 75201 214-665-3676 Email:
[email protected] ATTORNEY TO BE NOTICED Defendant Nycomed Inc TERMINATED: 12/21/2007 also known as GE Healthcare Inc TERMINATED: 12/21/2007
represented by Trevor R Jefferies Hogan & Hartson LLP 711 Louisiana Suite 2100 Houston , TX 77002 713/632-1400 Fax: 713/581-8410 Email:
[email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED
Interested Party Goins, Underkofler, Crawford & Langdon, LLP Date Filed 07/15/2003
07/15/2003
#
Docket Text
1 COMPLAINT against Novation LLC, et al ( Filing fee $150; Receipt number 196483), filed by Cynthia I Fitzgerald.(svc, ) Modified on 7/24/2007 (svc). Additional attachment(s) added on 7/27/2007 (svc). (Entered: 07/16/2003) DEMAND for Trial by Jury by Cynthia I Fitzgerald. (svc, ) Modified on 7/27/2007 (svc). (Entered: 07/16/2003)
07/15/2003
2 Exhibits to 1 complaint filed by Cynthia I Fitzgerald (usc - not imaged due to file size) (svc, ) Modified on 7/27/2007 (svc). (Entered: 07/16/2003)
02/20/2007
31 AMENDED COMPLAINT against Abbott Laboratories, Allegiance Corp, Becton Dickinson & Co, Ben-Venue Laboratories, Bristol-Meyers Squibb Company, Cardinal Health Inc, DuPont Nuclear, Global Healthcare Exchange, Heritage Bag
https://ecf.txnd.uscourts.gov/cgi-bin/DktRpt.pl?483077891593001-L_801_0-1
Page 12 of 22
125
District Version 3.2.1
12/2/08 10:01 AM
Company, Johnson & Johnson, Merck & CO, Owens & Minor Inc, Novation LLC, VHA Inc, University Healthsystem Consortium, Healthcare Purchasing Partners International LLC filed by Cynthia I Fitzgerald. (svc) Modified on 9/24/2007 (jyg). (Entered: 02/21/2007) 05/11/2007
40 NOTICE that USA is not intervening at this time. (svc) (Entered: 05/14/2007)
05/15/2007
41 NOTICE of Non-Intervention by State of Texas (jyg) (Entered: 05/17/2007)
05/23/2007
***Case Reopened per Judge (jyg) (Entered: 05/23/2007)
05/23/2007
42 Order to Unseal Case. See order for specifics. (Signed by Judge David C Godbey on 5/23/07) (svc) (Entered: 05/23/2007)
05/23/2007
43 Order to Unseal Case. See order for specifics. (Signed by Judge David C Godbey on 5/23/07) (svc) (Entered: 05/23/2007)
05/23/2007
44 Order Designating Case for ECF - see order for specifics. (svc) (Entered: 05/23/2007)
09/18/2007
45 Summons Issued as to Johnson & Johnson, Becton Dickinson & Co, Heritage Bag Company, Global Healthcare Exchange, Cardinal Health Inc, Owens & Minor Inc, Ben-Venue Laboratories, DuPont Nuclear, Abbott Laboratories, Bristol-Meyers Squibb Company, Merck & CO, Nycomed Inc, Novation LLC, VHA Inc, University Healthsystem Consortium, Healthcare Purchasing Partners International LLC. (skt) (Entered: 09/19/2007)
09/20/2007
47 Summons Reissued as to Owens & Minor Inc. (lmp) (Entered: 09/20/2007)
09/21/2007
48 SUMMONS Returned Executed as to Heritage Bag Company; served Martin B Lowe on 9/19/2007. (axm) (Entered: 09/21/2007)
09/21/2007
49 SUMMONS Returned Executed as to Merck & CO; served CT Corporation System on 9/19/2007. (axm) (Entered: 09/21/2007)
09/21/2007
50 SUMMONS Returned Executed as to Novation LLC; served CT Corporation System on 9/19/2007. (axm) (Entered: 09/21/2007)
09/21/2007
51 SUMMONS Returned Executed as to VHA Inc; served CT Corporation System on 9/19/2007. (axm) (Entered: 09/21/2007)
09/21/2007
52 SUMMONS Returned Executed as to Abbott Laboratories; served CT Corporation System on 9/19/2007. (axm) (Entered: 09/21/2007)
09/21/2007
53 SUMMONS Returned Executed as to Nycomed Inc; served CT Corporation System on 9/19/2007. (axm) (Entered: 09/21/2007)
09/21/2007
54 SUMMONS Returned Executed as to Healthcare Purchasing Partners International LLC; served CT Corporation System on 9/19/2007. (axm) (Entered: 09/21/2007)
09/21/2007
55 SUMMONS Returned Executed as to Global Healthcare Exchange; served CT Corporation System on 9/19/2007. (axm) (Entered: 09/21/2007)
09/21/2007
56 SUMMONS Returned Executed as to Cardinal Health Inc; served Corporation Service Company on 9/19/2007. (axm) (Entered: 09/21/2007)
https://ecf.txnd.uscourts.gov/cgi-bin/DktRpt.pl?483077891593001-L_801_0-1
Page 13 of 22
126
District Version 3.2.1
12/2/08 10:01 AM
09/28/2007
58 NOTICE of Attorney Appearance by Robert J Hill on behalf of Cynthia I Fitzgerald. (Hill, Robert) (Entered: 09/28/2007)
10/01/2007
59 Affidavit of Non Service by Cynthia I Fitzgerald as to Ben-Venue Laboratories. (Hill, Robert) Modified on 10/2/2007 (svc). (Entered: 10/01/2007)
10/01/2007
60 Affidavit of Service as to Ben-Venue Laboratories ; served on 9/20/2007. (Hill, Robert) Modified on 10/2/2007 (svc). (Entered: 10/01/2007)
10/01/2007
61 Affidavit of Service as to Bristol-Meyers Squibb Company ; served on 9/19/2007. (Hill, Robert) Modified on 10/2/2007 (svc). (Entered: 10/01/2007)
10/01/2007
62 Affidavit of Service as to Johnson & Johnson ; served on 9/20/2007. (Hill, Robert) Modified on 10/2/2007 (svc). (Entered: 10/01/2007)
10/01/2007
63 Affidavit of Service as to Owens & Minor Inc ; served on 9/20/2007. (Hill, Robert) Modified on 10/2/2007 (svc). (Entered: 10/01/2007)
10/01/2007
64 STIPULATION for Extension of Time to Answer, Plead or Otherwise Move by Cynthia I Fitzgerald, Novation LLC, VHA Inc, University Healthsystem Consortium, Healthcare Purchasing Partners International LLC. (axm) (Entered: 10/01/2007)
10/02/2007
65 ***DISREGARD - SEE DOCUMENT 66***Joint Motion for Extension of Time to File Answer to First Amended Complaint by Nycomed Inc (Jefferies, Trevor) Modified on 10/2/2007 (tln). (Entered: 10/02/2007)
10/02/2007
66 STIPULATION re 31 Amended Complaint, by Nycomed Inc, Cynthia I Fitzgerald for Extension of Time to Answer or Respond. (Jefferies, Trevor) (Entered: 10/02/2007)
10/03/2007
67 STIPULATION by Bristol-Meyers Squibb Company, Cynthia I FItzgerald for Extension of Time to Answer or Respond. (Radford, Kent) Modified on 10/5/2007/Added filer (cxb). (Entered: 10/03/2007)
10/03/2007
68 STIPULATION by Merck & Co Inc, Cynthia I Fitzgerald for Extension of Time for Defendant Merck & Co Inc, to Answer, Plead or Otherwise Move. (Colao, Brian) Modified on 10/5/2007/Added filer (cxb). (Entered: 10/03/2007)
10/05/2007
69 STIPULATION re 31 Amended Complaint, by Cynthia I Fitzgerald, Becton Dickinson & Co for Extension of Time for Becton Dickinson and Company to Answer, Plead or Otherwise Move. (Skidmore, Jonathan) Modified on 10/5/2007 (klm). (Entered: 10/05/2007)
10/05/2007
70 Motion for Extension of Time to File Answer Plead or otherwise respond to First Amended Complaint by Cynthia I Fitzgerald, Cardinal Health Inc, Allegiance Corp. (Dowdy, William Trey) Modified on 10/5/2007 (klm). (Entered: 10/05/2007)
10/05/2007
71 NOTICE of Attorney Appearance by Christopher S Maynard on behalf of Abbott Laboratories. (Maynard, Christopher) (Entered: 10/05/2007)
10/05/2007
72 STIPULATION by Cynthia I Fitzgerald, Abbott Laboratories (Joint) for Extension of Time to Answer, Plead or Otherwise Move. (Maynard, Christopher) Modified on
https://ecf.txnd.uscourts.gov/cgi-bin/DktRpt.pl?483077891593001-L_801_0-1
Page 14 of 22
127
District Version 3.2.1
12/2/08 10:01 AM
10/5/2007 (klm). (Entered: 10/05/2007) 10/05/2007
73 STIPULATION re 31 Amended Complaint, by Cynthia I Fitzgerald, Owens & Minor Inc for Extension of Time to Answer, Plead or Otherwise Respond. (Berglund, L) Modified on 10/5/2007 (klm). (Entered: 10/05/2007)
10/05/2007
74 STIPULATION for Extension of Time for Defendant to Answer, Plead or Otherwise Respond to First Amended Complaint by DuPont Nuclear. (Hoyt, Angela) Modified on 10/9/2007 (lmp). (Entered: 10/05/2007)
10/10/2007
75 Application and Order for Admission Pro Hac Vice by Martha P Rogers for Cardinal Health Inc and Allegiance Corp. (Signed by Judge Sidney A Fitzwater on 10/10/07) (Notice turned off - no email address.) (skt) . (Entered: 10/11/2007)
10/10/2007
76 Application and Order for Admission Pro Hac Vice by Chelsea S Rice for Cardinal Health Inc and Allegiance Corp. (Signed by Judge Sidney A Fitzwater on 10/10/07) (Notice turned off - no email address.) (skt) . (Entered: 10/11/2007)
10/17/2007
77 NOTICE of Attorney Appearance by Robert J Hill for Steve W. Berman on behalf of Cynthia I Fitzgerald. (Hill, Robert) (Entered: 10/17/2007)
10/17/2007
78 Application and Order for Admission Pro Hac Vice by Robert A Atkins for Becton Dickinson & Co.(see order for specifics) (Signed by Judge David C Godbey on 10/17/07) (lmp) (Entered: 10/18/2007)
10/17/2007
79 Application and Order for Admission Pro Hac Vice by Hannah S Sholl for Becton Dickinson & Co.(see order for specifics) (Signed by Judge David C Godbey on 10/17/07) (lmp) (Entered: 10/18/2007)
10/17/2007
80 Application and Order for Admission Pro Hac Vice by Jacqueline P Rubin for Becton Dickinson & Co.(see order for specifics) (Signed by Judge David C Godbey on 10/17/07) (lmp) (Entered: 10/18/2007)
10/17/2007
81 Application and Order for Admission Pro Hac Vice by Jeffrey T Sprung for Cynthia I Fitzgerald.(see order for specifics) (Signed by Judge David C Godbey on 10/17/07) (lmp) (Entered: 10/18/2007)
10/17/2007
82 Application and Order for Admission Pro Hac Vice by Steve W Berman for Cynthia I Fitzgerald.(see order for specifics) (Signed by Judge David C Godbey on 10/17/07) (lmp) (Entered: 10/18/2007)
10/19/2007
83 STIPULATION by Ben-Venue Laboratories for Extension of Time to Answer, Plead, or Otherwise Respond to First Amended Complaint. (McCarty, Darren) (Entered: 10/19/2007)
10/31/2007
85 STIPULATION re 31 Amended Complaint, by Heritage Bag Company for Extension of Time to Answer, Move or Otherwise Respond. (Swindle, Melissa) (Entered: 10/31/2007)
10/31/2007
86 WAIVER OF SERVICE Returned Executed as to Allegiance Corp. Waiver sent on 10/19/2007. (Hill, Robert) (Entered: 10/31/2007)
10/31/2007
87 Agreed Motion for Extension of Time to File Answer or Otherwise Respond to
https://ecf.txnd.uscourts.gov/cgi-bin/DktRpt.pl?483077891593001-L_801_0-1
Page 15 of 22
128
District Version 3.2.1
12/2/08 10:01 AM
Plaintiff's Amended Complaint by Cynthia Fitzgerald, Global Healthcare Exchange (Attachments: # 1 Text of Proposed Order) (Tarnay, Thomas) Modified on 11/1/2007 (klm). (Entered: 10/31/2007) 11/06/2007
88 Application and Order for Admission Pro Hac Vice by Brian J Murray for Abbott Laboratories. (Signed by Judge David C Godbey on 11/6/07) (skt) (Entered: 11/07/2007)
11/06/2007
89 Application and Order for Admission Pro Hac Vice by Angela M Muccino for Abbott Laboratories. (Signed by Judge David C Godbey on 11/6/07) (skt) (Entered: 11/07/2007)
11/06/2007
90 Application and Order for Admission Pro Hac Vice by James R Daly for Abbott Laboratories. (Signed by Judge David C Godbey on 11/6/07) (skt) (Entered: 11/07/2007)
11/06/2007
91 Application and Order for Admission Pro Hac Vice by Scott D Stein for Global Healthcare Exchange. (Signed by Judge David C Godbey on 11/6/07) (skt) (Entered: 11/07/2007)
11/06/2007
92 Application and Order for Admission Pro Hac Vice by Richard D Raskin for Global Healthcare Exchange. (Signed by Judge David C Godbey on 11/6/07) (skt) (Entered: 11/07/2007)
11/06/2007
93 Application and Order for Admission Pro Hac Vice by Anne M Devens for BenVenue Laboratories. (Signed by Judge David C Godbey on 11/6/07) (skt) (Entered: 11/07/2007)
11/06/2007
94 Application and Order for Admission Pro Hac Vice by Paul S Weidenfeld for Cardinal Health Inc and Allegiance Corp. (Signed by Judge David C Godbey on 11/6/07) (skt) (Entered: 11/07/2007)
11/15/2007
95 ORDER granting 87 Agreed Motion for Extension of Time to File Answer or Otherwise Respond to Plaintiff's Amended Complaint. Global Healthcare Exchange answer due 12/3/2007. (Signed by Judge David C Godbey on 11/15/07) (lmp) (Entered: 11/16/2007)
11/30/2007
96 STIPULATION by Novation LLC, VHA Inc for Extension of Time to Answer, Plead or Otherwise Move. (Lewis, Veronica) (Entered: 11/30/2007)
11/30/2007
97 MOTION for Leave to File Second Amended Complaint by Cynthia I Fitzgerald with Brief/Memorandum in Support. (Attachments: # 1 Exhibit Second Amended Complaint) (Hill, Robert) (Entered: 11/30/2007)
12/12/2007
98 AMENDED Certificate of Conference by Cynthia I Fitzgerald. Amendment to 97 MOTION for Leave to File Second Amended Complaint. (Hill, Robert) Modified on 12/13/2007 (skt). (Entered: 12/12/2007)
12/13/2007
100 Application and Order for Admission Pro Hac Vice by Mary A Inman for Cynthia I Fitzgerald. (Signed by Judge David C Godbey on 12/13/07) (skt) (Entered: 12/17/2007)
https://ecf.txnd.uscourts.gov/cgi-bin/DktRpt.pl?483077891593001-L_801_0-1
Page 16 of 22
129
District Version 3.2.1
12/14/2007
12/2/08 10:01 AM
99 STIPULATION for Extension of Time to Answer, Move or Otherwise Respond to Second Amended Complaint by Heritage Bag Company and Plaintiff/Relator. (Swindle, Melissa) Modified on 12/18/2007 (lmp). (Entered: 12/14/2007)
12/20/2007
101 ORDER granting 97 Motion for Leave to File Second Amended Complaint. Relator shall file a Second Amended Complaint in the form attached to the motion as Exhibit 1 within three days. (Signed by Judge David C Godbey on 12/20/2007) (axm) (Entered: 12/20/2007)
12/21/2007
102 SECOND AMENDED COMPLAINT for Violation of Federal False Claims Act and Texas Medicaid Fraud Prevention Act against Becton Dickinson & Co, Heritage Bag Company, Novation LLC, VHA Inc filed by Cynthia I Fitzgerald. (Hill, Robert) Modified on 12/21/2007 (lmp). (Entered: 12/21/2007)
12/21/2007
103 STIPULATION for Extension of Time for Becton Dickinson and Company to Answer, Plead or Otherwise Move by Becton Dickinson & Co. (Skidmore, Jonathan) Modified on 12/21/2007 (lmp). (Entered: 12/21/2007)
01/02/2008
104 ***SEE DOC #105/PDF not readable***Agreed MOTION Extend Page Limitation by Novation LLC, VHA Inc (Lewis, Veronica) Modified on 1/3/2008 (jyg). (Entered: 01/02/2008)
01/02/2008
105 Agreed MOTION to Extend Page Limitation by Novation LLC, VHA Inc (Lewis, Veronica) (Entered: 01/02/2008)
01/04/2008
106 ORDER granting 105 Plaintiff/Relator Cynthia I. Fitzgerald and Defendants VHA Inc. and Novation, LLC's Agreed Motion to Extend Page Limitation. VHA/Novation Defendants' Motion to Dismiss and supporting brief shall be limited to fifty (50) pages. Plaintiff's Response to VHA/Novation Defendants' Motion to Dismiss and supporting brief shall be limited to fifty (50) pages. (Signed by Judge David C Godbey on 1/4/08) (klm) (Entered: 01/07/2008)
01/07/2008
107 MOTION to Dismiss by Novation LLC, VHA Inc. (Lewis, Veronica) (Entered: 01/07/2008)
01/07/2008
108 Brief/Memorandum in Support filed by Novation LLC, VHA Inc re 107 MOTION to Dismiss (Lewis, Veronica) (Entered: 01/07/2008)
01/07/2008
109 Appendix in Support filed by Novation LLC, VHA Inc re 107 MOTION to Dismiss. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G# 8 Exhibit H# 9 Exhibit I# 10 Exhibit J# 11 Exhibit Tab 1A# 12 Exhibit Tab 1B# 13 Exhibit Tab 1C# 14 Exhibit Tab 1D# 15 Exhibit Tab 1E# 16 Exhibit Tab 2# 17 Exhibit Tab 3# 18 Exhibit Tab 4# 19 Exhibit Tab 5# 20 Exhibit Tab 6A# 21 Exhibit Tab 6B# 22 Exhibit Tab 7# 23 Exhibit Tab 8# 24 Exhibit Tab 9# 25 Exhibit Tab 10# 26 Exhibit Tab 11# 27 Exhibit Tab 12# 28 Exhibit Tab 13# 29 Exhibit Tab 14# 30 Exhibit Tab 15# 31 Exhibit Tab 16# 32 Exhibit Tab 17# 33 Exhibit Tab 18# 34 Exhibit Tab 19# 35 Exhibit Tab 20# 36 Exhibit Tab 21# 37 Exhibit Tab 22# 38 Exhibit Tab 23# 39 Exhibit Tab 24# 40 Exhibit Tab 25) (Lewis, Veronica) Modified on 1/8/2008 (axm). (Entered: 01/07/2008)
01/11/2008
110 Supplemental STIPULATION for Extension of Time for Becton Dickinson and
https://ecf.txnd.uscourts.gov/cgi-bin/DktRpt.pl?483077891593001-L_801_0-1
Page 17 of 22
130
District Version 3.2.1
12/2/08 10:01 AM
Company to Answer, Plead or Otherwise Move by Becton Dickinson & Co. (Skidmore, Jonathan) Modified on 1/14/2008 (skt). (Entered: 01/11/2008) 01/14/2008
111 MOTION for Leave to Exceed Page Limitation by Heritage Bag Company (Swindle, Melissa) (Entered: 01/14/2008)
01/16/2008
112 ORDER granting 111 Defendant Heritage Bag Company's Motion for Leave to Exceed Page Limitation on its Motion to Dismiss Second Amended Complaint and Supporting Brief. The brief may exceed the page limitation set forth in Local Rule 7.2(c), but may not exceed thirty-one (31) pages. (Signed by Judge David C Godbey on 1/16/08) (klm) (Entered: 01/17/2008)
01/18/2008
113 MOTION to Dismiss Second Amended Complaint by Heritage Bag Company with Brief/Memorandum in Support. (Zachry, H) (Entered: 01/18/2008)
01/23/2008
114 MOTION for Leave to File to Exceed Page Limitation by Becton Dickinson & Co (Skidmore, Jonathan) (Entered: 01/23/2008)
01/24/2008
115 STIPULATION by Cynthia I Fitzgerald for an Extension of Time for Relator to Respond to Novation and VHA's Motion to Dismiss. (Sprung, Jeffrey) (Entered: 01/24/2008)
01/25/2008
116 ORDER granting 114 Motion for Leave to File to Exceed Page Limitation. See order for specifics. (Signed by Judge David C Godbey on January 25, 2008) (jyg) (Entered: 01/25/2008)
01/25/2008
117 MOTION to Dismiss the Second Amended Complaint by Becton Dickinson & Co (Atkins, Robert) (Entered: 01/25/2008)
01/25/2008
118 Brief/Memorandum in Support filed by Becton Dickinson & Co re 117 MOTION to Dismiss the Second Amended Complaint (Atkins, Robert) (Entered: 01/25/2008)
01/25/2008
119 Appendix in Support filed by Becton Dickinson & Co re 117 MOTION to Dismiss the Second Amended Complaint (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M-1, # 14 Exhibit M-2, # 15 Exhibit M-3, # 16 Exhibit N, # 17 Exhibit O, # 18 Exhibit P, # 19 Exhibit Q, # 20 Exhibit R) (Atkins, Robert) (Entered: 01/25/2008)
01/28/2008
120 STIPULATION re 107 MOTION to Dismiss by Cynthia I Fitzgerald, Novation LLC, VHA Inc. (Hill, Robert) Modified on 1/28/2008 (klm). (Entered: 01/28/2008)
02/04/2008
121 STIPULATION by Becton Dickinson & Co, Heritage Bag Company, Cynthia I Fitzgerald for Extension of Time for Remaining Briefing on Motions to Dismiss Second Amended Complaint. (Hill, Robert) (Entered: 02/04/2008)
02/04/2008
122 NOTICE of Change of Address by Robert J Hill, counsel for Cynthia I Fitzgerald. New address is: 10000 N. Central Expressway, Suite 725, Dallas, Texas 75231 (Hill, Robert) (Entered: 02/04/2008)
02/08/2008
123 Brief in Opposition filed by Cynthia I Fitzgerald re 107 MOTION to Dismiss of Novation, LLC and VHA Inc. (Berman, Steve) Modified on 2/11/2008 (lmp).
https://ecf.txnd.uscourts.gov/cgi-bin/DktRpt.pl?483077891593001-L_801_0-1
Page 18 of 22
131
District Version 3.2.1
12/2/08 10:01 AM
(Entered: 02/08/2008) 02/08/2008
124 Rule 56.4 Response filed by Cynthia I Fitzgerald re 107 MOTION to Dismiss of Novation, LLC and VHA Inc. For Lack of Subject Matter Jurisdiction./I> (Berman, Steve) Modified on 2/11/2008 (lmp). (Entered: 02/08/2008)
02/08/2008
125 Appendix in Opposition filed by Cynthia I Fitzgerald re 123 Response to Motion to Dismiss, 124 Response to Motion to Dismiss Novation LLC and VHA Inc for Lack of Subject Matter Jurisdiction (Attachments: # 1 Appendix Part 2, # 2 Appendix Part 3, # 3 Appendix Part 4, # 4 Appendix Part 5, # 5 Appendix Part 6) (Berman, Steve) Modified on 2/11/2008 (lmp). (Entered: 02/08/2008)
02/14/2008
126 STIPULATION for Extension of Time and Page Length for Defendants Novation LLC's and VHA Inc.'s Reply Brief in Support of Their Motion to Dismiss by Novation LLC, VHA Inc. (Lewis, Veronica) Modified on 2/14/2008 (lmp). (Entered: 02/14/2008)
02/15/2008
127 Consent to Realtor's Notice of Voluntary Dismissal by USA. (McKenna, Sean) Modified on 2/15/2008 (lmp). (Entered: 02/15/2008)
03/04/2008
128 MOTION for Leave to File Single Consolidated Opposition Brief by Cynthia I Fitzgerald (Attachments: # 1 Text of Proposed Order) (Berman, Steve) (Entered: 03/04/2008)
03/04/2008
129 Corrected MOTION for Leave to File Single Consolidated Opposition Brief by Cynthia I Fitzgerald (Attachments: # 1 Text of Proposed Order Corrected [Proposed] Order) (Berman, Steve) Modified on 3/5/2008 (jrb). (Entered: 03/04/2008)
03/05/2008
130 RESPONSE in Opposition filed by Cynthia I Fitzgerald re 117 MOTION to Dismiss the Second Amended Complaint, 113 MOTION to Dismiss Second Amended Complaint Plaintiff/Relator's Brief in Opposition to Motions to Dismiss of Becton Dickinson & Company and Heritage Bag Company (Berman, Steve) (Entered: 03/05/2008)
03/05/2008
131 Appendix in Support filed by Cynthia I Fitzgerald re 130 Response in Opposition, Plaintiff/Relator's Supplemental Appendix (Berman, Steve) (Entered: 03/05/2008)
03/05/2008
132 Statement of Interest by State of Texas. (lmp) (Entered: 03/06/2008)
03/05/2008
133 Consent to Realtor's Notice of Voluntary Dismissal by State of Texas. (lmp) (Entered: 03/06/2008)
03/06/2008
134 ORDER GRANTING DISMISSAL OF QUI TAM DEFENDANTS. IT IS HEREBY ORDERED that the civil action against defendants Healthcare Purchasing Partners International, LLC, University HealthSystem Consortium, Johnson & Johnson, Global Healthcare Exchange, Cardinal Health, Inc., Allegiance Corp., Owens & Minor, Inc., Nycomed, Inc., Ben-Venue Laboratories, Dupont Nuclear, Merck and Co., Abbott Laboratories, and Bristol-Myers Squibb Co. is dismissed without prejudice. (Signed by Judge David C Godbey on 3/6/2008) (axm) (Entered: 03/07/2008)
03/14/2008
135 REPLY filed by Novation LLC, VHA Inc re 107 MOTION to Dismiss (Lewis,
https://ecf.txnd.uscourts.gov/cgi-bin/DktRpt.pl?483077891593001-L_801_0-1
Page 19 of 22
132
District Version 3.2.1
12/2/08 10:01 AM
Veronica) (Entered: 03/14/2008) 03/14/2008
136 MOTION to Strike 124 Response to Motion to Dismiss by Novation LLC, VHA Inc (Lewis, Veronica) (Entered: 03/14/2008)
03/14/2008
137 OBJECTION filed by Novation LLC, VHA Inc re 123 Response to Motion to Dismiss (Lewis, Veronica) (Entered: 03/14/2008)
03/28/2008
138 RESPONSE in Opposition filed by Cynthia I Fitzgerald re 136 MOTION to Strike 124 Response to Motion to Dismiss and Brief (Hill, Robert) (Entered: 03/28/2008)
03/28/2008
139 STIPULATION re 117 MOTION to Dismiss the Second Amended Complaint by Becton Dickinson & Co for Extension of Time to Reply in Support of Its Motion to Dismiss. (Skidmore, Jonathan) (Entered: 03/28/2008)
04/02/2008
140 STIPULATION by Heritage Bag Company, Cynthia I Fitzgerald for Extension of Time for Defendant Heritage Bag to Reply. (Zachry, H) (Entered: 04/02/2008)
04/03/2008
141 RESPONSE in Opposition filed by Cynthia I Fitzgerald re 137 Objection Plaintiff/Relator's Response to Objections of Defendant Novation, LLC and VHA, Inc. (Berman, Steve) (Entered: 04/03/2008)
04/08/2008
142 Joint MOTION for Leave to File Replies in Support of Motions to Dismiss in Excess of Page Limitations by Becton Dickinson & Co, Heritage Bag Company (Fogel, Lawrence) (Entered: 04/08/2008)
04/09/2008
143 RESPONSE filed by Cynthia I Fitzgerald re 142 Joint MOTION for Leave to File Replies in Support of Motions to Dismiss in Excess of Page Limitations (Berman, Steve) (Entered: 04/09/2008)
04/10/2008
144 ORDER denying 142 Joint Motion for Leave to File Replies in Support of Motions to Dismiss in Excess of Page Limitations. (Signed by Judge David C Godbey on 4/10/2008) (axm) (Entered: 04/11/2008)
04/11/2008
145 REPLY filed by Novation LLC, VHA Inc re 136 MOTION to Strike 124 Response to Motion to Dismiss (Lewis, Veronica) (Entered: 04/11/2008)
04/11/2008
146 REPLY filed by Heritage Bag Company re 113 MOTION to Dismiss Second Amended Complaint and Supporting Brief (Zachry, H) (Entered: 04/11/2008)
04/11/2008
147 REPLY filed by Becton Dickinson & Co re 117 MOTION to Dismiss the Second Amended Complaint (Atkins, Robert) (Entered: 04/11/2008)
04/18/2008
148 Reply Brief in Support of Objections to Qui Tam Plaintiff/Relator's Evidence filed by Novation LLC, VHA Inc. (Lewis, Veronica) Modified on 4/21/2008 (Monserrate, Angelina). (Entered: 04/18/2008)
06/09/2008
149 NOTICE of Supplemental Authority re: 130 Response in Opposition, filed by Cynthia I Fitzgerald (Attachments: # 1 amicus brief) (Hill, Robert) (Entered: 06/09/2008)
06/18/2008
150 RESPONSE to Plaintiff/Relator's 149 Notice of Supplemental Authority re: 117 MOTION to Dismiss the Second Amended Complaint, 113 MOTION to Dismiss Second Amended Complaint, 107 MOTION to Dismiss filed by Novation LLC and
https://ecf.txnd.uscourts.gov/cgi-bin/DktRpt.pl?483077891593001-L_801_0-1
Page 20 of 22
133
District Version 3.2.1
12/2/08 10:01 AM
VHA Inc (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Lewis, Veronica) Modified on 6/19/2008 (jyg). (Entered: 06/18/2008) 06/26/2008
151 RESPONSE in Opposition filed by Cynthia I Fitzgerald re 150 Reply to Response to Motion, to Defendants' Supplemental Authority (Hill, Robert) (Entered: 06/26/2008)
09/17/2008
152 ORDER granting in part and denying in part 107 Defendants Novation, L.L.C. and VHA, Inc.'s Motion to Dismiss; granting in part and denying in part 113 Defendant Heritage Bag Company's Motion to Dismiss; granting in part and denying in part 117 Defendant Becton Dickinson & Co.'s Motion to Dismiss; granting 129 Plaintiff's Corrected Motion for Leave to File Single Consolidated Opposition Brief; denying as moot 136 Novation and VHA's Motion to Strike. (see order) (Signed by Judge David C Godbey on 9/17/08) (klm) (Entered: 09/18/2008)
09/22/2008
153 NOTICE of intent to destroy documents filed by Goins, Underkofler, Crawford & Langdon, LLP (Broyles, Franklin) (Entered: 09/22/2008)
09/29/2008
154 MOTION for Reconsideration re 152 Order on Motion to Dismiss, Motion for Leave to File, and Motion to Strike,, filed by Cynthia I Fitzgerald (Attachments: # 1 Text of Proposed Order) (Berman, Steve) Modified on 9/30/2008 (jyg). (Entered: 09/29/2008)
09/30/2008
155 ***PROPOSED***Stipulation for and ORDER on Extension of Time to File Answer to Plaintiff's Second Amended Complaint filed by Becton Dickinson & Co, Cynthia I Fitzgerald, Novation LLC, VHA Inc (Lewis, Veronica) Modified on 10/1/2008 (jyg). (Entered: 09/30/2008)
10/01/2008
156 MOTION for Reconsideration re 152 Order on Motion to Dismiss; Order on Motion for Leave to File;and, Order on Motion to Strike filed by Becton Dickinson & Co with Brief/Memorandum in Support. (Attachments: # 1 Memorandum of Law in Support, # 2 Text of Proposed Order) (Rubin, Jacqueline) Modified on 10/2/2008 (jyg). (Entered: 10/01/2008)
10/01/2008
157 STIPULATION FOR AND ORDER ON EXTENSION OF TIME FOR DEFENDANTS TO ANSWER PLAINTIFF'S SECOND AMENDED COMPLAINT. (see order) (Signed by Judge David C Godbey on 10/1/08) (klm) (Entered: 10/02/2008)
10/20/2008
158 RESPONSE in Opposition filed by Novation LLC, VHA Inc re 154 MOTION for Reconsideration and Clarification re 152 Order on Motion to Dismiss; Order on Motion for Leave to File; and Order on Motion to Strike,, (Lewis, Veronica) Modified on 10/20/2008 (jyg). (Entered: 10/20/2008)
10/20/2008
159 RESPONSE filed by Cynthia I Fitzgerald re 156 MOTION for Reconsideration re 152 Order on Motion to Dismiss, Order on Motion for Leave to File,and Order on Motion to Strike. (Berman, Steve) Modified on 10/20/2008 (jyg). (Entered: 10/20/2008)
10/20/2008
160 RESPONSE filed by Heritage Bag Company re 156 MOTION for Reconsideration re 152 Order on Motion to Dismiss, Order on Motion for Leave to File, Order on Motion to Strike. (Zachry, H) Modified on 10/21/2008 (jyg). (Entered: 10/20/2008)
https://ecf.txnd.uscourts.gov/cgi-bin/DktRpt.pl?483077891593001-L_801_0-1
Page 21 of 22
134
District Version 3.2.1
12/2/08 10:01 AM
10/20/2008
161 Second Statement of Interest filed by State of Texas. (mfw) (Entered: 10/20/2008)
10/23/2008
162 MEMORANDUM in Opposition filed by Becton Dickinson & Co re 154 MOTION for Reconsideration re 152 Order on Motion to Dismiss; Order on Motion for Leave to File; and Order on Motion to Strike. (Rubin, Jacqueline) Modified on 10/24/2008 (jyg). (Entered: 10/23/2008)
11/04/2008
163 REPLY in Support of Plaintiff's 154 Motion for Reconsideration and Clarification filed by Cynthia I Fitzgerald. (Berman, Steve) Modified on 11/5/2008 (axm). (Entered: 11/04/2008)
11/07/2008
164 Becton Dickinson and Company's REPLY Memorandum of Law in Further Support of Its Motion re: 156 MOTION for Reconsideration filed by Becton Dickinson & Co (Rubin, Jacqueline) Modified on 11/10/2008 (skt). (Entered: 11/07/2008)
11/14/2008
165 ORDER denying 154 Motion for Reconsideration ; denying 156 Motion for Reconsideration. (see order) (Ordered by Judge David C Godbey on 11/14/08) (lmp) (Entered: 11/17/2008)
11/24/2008
166 NOTICE of Intent to Change Custody of Potential Evidence re: 153 Notice (Other) filed by Goins, Underkofler, Crawford & Langdon, LLP (Broyles, Franklin) Modified on 11/25/2008 (jyg). (Entered: 11/24/2008)
PACER Service Center Transaction Receipt 12/02/2008 09:59:11 PACER Login: la1630
Client Code:
Description:
Docket Report Search Criteria: 3:03-cv-01589-N
Billable Pages:
15
Cost:
https://ecf.txnd.uscourts.gov/cgi-bin/DktRpt.pl?483077891593001-L_801_0-1
1.20
Page 22 of 22
135
CM/ECF Western District of Missouri
12/2/08 8:43 AM
CLOSED
U.S. District Court United States District Court for the Western District of Missouri (Kansas City) CIVIL DOCKET FOR CASE #: 4:06-cv-00316-SOW Assigned to: District Judge Scott O. Wright Cause: 31:3729 False Claims Act
Date Filed: 04/13/2006 Date Terminated: 12/29/2006 Jury Demand: Plaintiff Nature of Suit: 410 Anti-Trust Jurisdiction: Federal Question
Plaintiff Michael W Lynch
represented by Michael W Lynch 297 NE Bayview Lee's Summit, MO 64064 (816) 365-1306 PRO SE
ex rel. United States of America, ex rel
represented by Lucinda S. Woolery Office of the United States Attorney 400 E. 9th St. Room 500 Kansas City , MO 64106 (816)426-3130 Fax: (816)426-3165 Email:
[email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED
V. Defendant Seyfarth Shaw individually and as a partnership of their members, their employees and agents, in their indivdual capacity as Bar Members in the State of Illinois and official capacity as a licensed Law Firm in the State of Illinois
https://ecf.mowd.uscourts.gov/cgi-bin/DktRpt.pl?901771211821394-L_801_0-1
136
Page 1 of 7
Supp. Apdx. 11
CM/ECF Western District of Missouri
12/2/08 8:43 AM
Defendant Ed Karlin individually and as a partnership of their members, their employees and agents, in their indivdual capacity as Bar Members in the State of Illinois and official capacity as a licensed Law Firm in the State of Illinois Defendant David P Leibowitz individually and as a partnership of their members, their employees and agents, in his indivdual and Official capacity as a Bankruptcy Trustee for the US Bankruptcy Court for the Nothern District of Illinois, Chicago, Illinois Defendant Miller Shakman & Hamilton, LLP individually and as a partnership of their members, their employees and agents, in their indivdual capacity as Bar Members in the State of Illinois and official capacity as a licensed Law Firm in the State of Illinois Defendant REP MCR REALTY LLC indivdually and as a partnership of their members, their employees and agents Defendant Cummins and Cronin individually and as a partnership of their members, their employees and agents, in their indivdual capacity as Bar Members in the State of Illinois and official capacity as a licensed Law Firm in the State of Illinois Defendant Joseph Baldi & Associates individually and as a partnership of their members, their employees and agents, in their indivdual capacity as Bar Members https://ecf.mowd.uscourts.gov/cgi-bin/DktRpt.pl?901771211821394-L_801_0-1
137
Page 2 of 7
CM/ECF Western District of Missouri
12/2/08 8:43 AM
in the State of Illinois and official capacity as a licensed Law Firm in the State of Illinois Defendant Michael Braun & Associates individually and as a partnership of their members, their employees and agents, in their indivdual capacity as Bar Members in the State of Illinois and official capacity as a licensed Law Firm in the State of Illinois Defendant Richard Hirsch individually and as a partnership of their members, their employees and agents, in their indivdual capacity as Bar Members in the State of Illinois and official capacity as a licensed Law Firm in the State of Illinois Defendant Shaw Gusis Fishman Glantz Wolfson & Towbin individually and as a partnership of their members, their employees and agents, in their indivdual capacity as Bar Members in the State of Illinois and official capacity as a licensed Law Firm in the State of Illinois Defendant Konicek & Dillon individually and as a partnership of their members, their employees and agents, in their indivdual capacity as Bar Members in the State of Illinois and official capacity as a licensed Law Firm in the State of Illinois Defendant John Kolleng individually and as a partnership of their members, their employees and agents, in their indivdual capacity as Bar Members https://ecf.mowd.uscourts.gov/cgi-bin/DktRpt.pl?901771211821394-L_801_0-1
138
Page 3 of 7
CM/ECF Western District of Missouri
12/2/08 8:43 AM
in the State of Illinois and official capacity as a licensed Law Firm in the State of Illinois Defendant Dean Vaneck individually and as a partnership of their members, their employees and agents, in their indivdual capacity as Bar Members in the State of Illinois and official capacity as a licensed Law Firm in the State of Illinois Defendant Perkins and Coie individually and as a partnership of their members, their employees and agents, in their indivdual capacity as Bar Members in the State of Illinois and official capacity as a licensed Law Firm in the State of Illinois Defendant Novak and Macey individually and as a partnership of their members, their employees and agents, in their indivdual capacity as Bar Members in the State of Illinois and official capacity as a licensed Law Firm in the State of Illinois Defendant Jennifer & Block individually and as a partnership of their members, their employees and agents, in their indivdual capacity as Bar Members in the State of Illinois and official capacity as a licensed Law Firm in the State of Illinois Defendant Goldman Sachs individually and as a partnership of their members, their employees and agents, in their indivdual capacity as Bar Members in the State of Illinois and official capacity https://ecf.mowd.uscourts.gov/cgi-bin/DktRpt.pl?901771211821394-L_801_0-1
139
Page 4 of 7
CM/ECF Western District of Missouri
12/2/08 8:43 AM
as a licensed Law Firm in the State of Illinois Defendant Aluminum Company of America (ALCOA, Inc.) individually and as a partnership of their members, their employees and agents Defendant General Electric Commercial Finance (GECC) individually and as a partnership of their members, their employees and agents Defendant Perchiney Aluminum, Inc. individually and as a partnership of their members, their employees and agents Defendant J.P. Morgan Chase individually and as a partnership of their members, their employees and agents Defendant Mark Filip in his individual and official capacity as a judge of the U.S. District Court for the District of Northern Illinois, Eastern Division Defendant Eugene R. Wedoff in his individual and official capacity as Chief Federal District Court Judge of the U.S. Bankruptcy Court, Northern District of Illinois Defendant Stuart Nudelman in his individual and official capacity as First Circuit Court Judge of Cook County Illinois Defendant https://ecf.mowd.uscourts.gov/cgi-bin/DktRpt.pl?901771211821394-L_801_0-1
140
Page 5 of 7
CM/ECF Western District of Missouri
12/2/08 8:43 AM
Joel M. Flaum in his individual and official capacity as chief judge of the 7th U.S. Circuit Court of Appeals Defendant James B. Zagel in his individual and official capacity as a judge of the U.S. District Court for the District of Northern Illinois, Eastern Division Defendant Alexander R. White in his individual and official capacity as First Circuit Court Judge of Cook County Illinois Defendant John #1 Doe Date Filed
#
Docket Text
04/13/2006
1 COMPLAINT against all defendants (Filing fee $350 receipt number 236802) Service due by 8/11/2006,Michael W Lynch, United States of America, ex rel. (Attachments: # 1 Civil Cover Sheet # 2 Affidavit of Plaintiff# 3 Notice of Exhibit Attachment)(Beard, Melanie) (Entered: 04/13/2006)
04/13/2006
2 MOTION for preliminary injunction filed by Michael W Lynch, United States of America, ex rel. Suggestions in opposition/response due by 4/28/2006 unless otherwise directed by the court (Beard, Melanie) (Entered: 04/13/2006)
05/02/2006
3 Second Emergency MOTION for preliminary injunction filed by Michael W Lynch. Suggestions in opposition/response due by 5/17/2006 unless otherwise directed by the court (Attachments: # 1 Exhibit A# 2 Exhibit B)(Beard, Melanie) (Entered: 05/02/2006)
06/19/2006
4 MOTION for Emergency Permanent Injunction, Cease and Desist of all Proceedings in the Illinois Court filed by Michael W Lynch. Suggestions in opposition/response due by 7/5/2006 unless otherwise directed by the court.(Carr, Lori) (Entered: 06/20/2006)
07/10/2006
5 NOTICE of Election to Decline Intervention(SEALED) by United States of America, ex rel (Beard, Melanie) (Entered: 07/10/2006)
07/12/2006
6 MOTION to withdraw document (The Government's Motion to Permit Withdrawal of Its Prematurely-Filed Notice of Election to Decline Intervention) filed by Lucinda S. Woolery on behalf of United States of America, ex rel Suggestions in opposition/response due by 7/27/2006 unless otherwise directed by the court (Woolery,
https://ecf.mowd.uscourts.gov/cgi-bin/DktRpt.pl?901771211821394-L_801_0-1
141
Page 6 of 7
CM/ECF Western District of Missouri
12/2/08 8:43 AM
Lucinda) (Entered: 07/12/2006) 07/14/2006
7 ORDER(SEALED) re 5 Notice(SEALED) filed by United States of America, ex rel,, 6 MOTION to withdraw document (The Government's Motion to Permit Withdrawal of Its Prematurely-Filed Notice of Election to Decline Intervention) filed by United States of America, ex rel, Signed by Judge Scott O. Wright on 7/14/2006. (McIlvain, Kelly) (Entered: 07/14/2006)
08/29/2006
8 ORDER(SEALED) Signed by Judge Scott O. Wright on 8/29/2006. (McIlvain, Kelly) (Entered: 08/29/2006)
09/14/2006
9 MOTION to dismiss for lack of jurisdiction (United States' Motion to Dismiss False Claims Act Complaint for Lack of Subject Matter Jurisdiction and for Failure to State a Claim) filed by Lucinda S. Woolery on behalf of United States of America, ex rel Suggestions in opposition/response due by 9/29/2006 unless otherwise directed by the court (Woolery, Lucinda) (Entered: 09/14/2006)
09/14/2006
10 SUGGESTIONS in support re 9 MOTION to dismiss for lack of jurisdiction (United States' Motion to Dismiss False Claims Act Complaint for Lack of Subject Matter Jurisdiction and for Failure to State a Claim) filed by Lucinda S. Woolery on behalf of ex rel United States of America, ex rel. (Related document(s) 9 ) (Woolery, Lucinda) (Entered: 09/14/2006)
10/12/2006
11 ORDER(SEALED) re 4 Dismissing as moot Mr. Lynch's Motion for permanent injunction filed by Michael W Lynch,, 9 Granting the United States Motion to dismiss for lack of jurisdiction United States' Motion to Dismiss False Claims Act Complaint for Lack of Subject Matter Jurisdiction and for Failure to State a Claim)filed by United States of America, ex rel,, 3 Dismissing as moot Mr. Lynch's motion for preliminary injunction filed by Michael W Lynch, Signed by Judge Scott O. Wright on 10/11/2006. (McIlvain, Kelly) (Entered: 10/12/2006)
05/10/2007
12 MOTION to unseal case filed by Lucinda S. Woolery on behalf of United States of America, ex rel. Suggestions in opposition/response due by 5/25/2007 unless otherwise directed by the court. (Woolery, Lucinda) (Entered: 05/10/2007)
06/01/2007
13 ORDER granting 12 motion to unseal case Signed by Judge Scott O. Wright on 6/1/2007. (McIlvain, Kelly) (Entered: 06/01/2007)
PACER Service Center Transaction Receipt 12/02/2008 08:41:14 PACER Login: la1630 Description:
Client Code:
Docket Report Search Criteria: 4:06-cv-00316-SOW
Billable Pages: 4
Cost:
https://ecf.mowd.uscourts.gov/cgi-bin/DktRpt.pl?901771211821394-L_801_0-1
142
0.32
Page 7 of 7
CM/ECF Western District of Missouri
12/2/08 8:53 AM
CLOSED, PHV, STAY
U.S. District Court United States District Court for the Western District of Missouri (Kansas City) CIVIL DOCKET FOR CASE #: 4:05-cv-01205-GAF Huffman v. Automatic Data Processing, Inc. et al Assigned to: District Judge Gary A. Fenner Demand: $2,000,000 Cause: 15:78m(a) Securities Exchange Act
Date Filed: 11/30/2005 Date Terminated: 08/31/2006 Jury Demand: Plaintiff Nature of Suit: 850 Securities/Commodities Jurisdiction: Federal Question
Plaintiff Donna Huffman individually and on behalf of all others similarly situated
represented by Donna Huffman 122 Vista View Ozawkie, KS 66070 PRO SE Bret D. Landrith 2961 SW Central Park #G33 Topeka , KS 66611 (785) 267-4084 Email:
[email protected] TERMINATED: 02/28/2006
V. Defendant Automatic Data Processing, Inc.
represented by Daniel Bukovac Stinson Morrison Hecker, LLP 1201 Walnut Street Suite 2900 Kansas City , MO 64106 (816) 842-8600 Fax: (816)691-3495 Email:
[email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED
Defendant ADP, INC.
represented by Daniel Bukovac (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
https://ecf.mowd.uscourts.gov/cgi-bin/DktRpt.pl?487511944303306-L_801_0-1
143
Page 1 of 20
Supp. Apdx. 12
CM/ECF Western District of Missouri
12/2/08 8:53 AM
Defendant ADP Broker-Dealer, Inc.
represented by Daniel Bukovac (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Defendant ADP Investor Commuication Services, Inc.
represented by Daniel Bukovac (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Defendant Arthur F. Weinbach
represented by Daniel Bukovac (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Defendant James P. Blake
represented by Daniel Bukovac (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Defendant Russell P. Fradin
represented by Daniel Bukovac (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Defendant Deloitte & Touche, LLP Defendant Fidelity Distributors, Inc.
represented by James D. Griffin Husch, Blackwell, Sanders, LLP-KCMO 4801 Main Street Suite 1000 Kansas City , MO 64112 (816) 983-8000 Fax: (913) 696-7070 Email:
[email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED
Defendant Fidelity Management & Research Company
represented by James D. Griffin (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Defendant https://ecf.mowd.uscourts.gov/cgi-bin/DktRpt.pl?487511944303306-L_801_0-1
144
Page 2 of 20
CM/ECF Western District of Missouri
12/2/08 8:53 AM
Defendant Fidelity Investments Institutional Operations Company, Inc.
represented by James D. Griffin (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Defendant Fidelity Management Trust Company
represented by James D. Griffin (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Defendant Edward C. Johnson, III
represented by James D. Griffin (See above for address) ATTORNEY TO BE NOTICED
Defendant Fidelity Advisor Asset Allocation
represented by James M. Humphrey Shughart Thomson & Kilroy, PC-KCMO 120 West 12th Street Twelve Wyandotte Plaza Kansas City , MO 64105-1929 (816)374-0599 Fax: (816)374-0509 Email:
[email protected] ATTORNEY TO BE NOTICED R. Lawrence Ward Shughart Thomson & Kilroy, PC-KCMO 120 West 12th Street Twelve Wyandotte Plaza Kansas City , MO 64105-1929 (816) 421-3355 Fax: (816)374-0509 Email:
[email protected] ATTORNEY TO BE NOTICED
Defendant Fidelity Advisor Balanced
represented by James M. Humphrey (See above for address) ATTORNEY TO BE NOTICED R. Lawrence Ward (See above for address) ATTORNEY TO BE NOTICED
Defendant Fidelity Advisor Biotechnology
represented by James M. Humphrey (See above for address) ATTORNEY TO BE NOTICED
https://ecf.mowd.uscourts.gov/cgi-bin/DktRpt.pl?487511944303306-L_801_0-1
145
Page 3 of 20
CM/ECF Western District of Missouri
12/2/08 8:53 AM
R. Lawrence Ward (See above for address) ATTORNEY TO BE NOTICED Defendant Fidelity Advisor Consumer Industry
represented by James M. Humphrey (See above for address) ATTORNEY TO BE NOTICED R. Lawrence Ward (See above for address) ATTORNEY TO BE NOTICED
Defendant Fidelity Advisor Cyclical Industry
represented by James M. Humphrey (See above for address) ATTORNEY TO BE NOTICED R. Lawrence Ward (See above for address) ATTORNEY TO BE NOTICED
Defendant Fidelity Advisor Developing Comm
represented by James M. Humphrey (See above for address) ATTORNEY TO BE NOTICED R. Lawrence Ward (See above for address) ATTORNEY TO BE NOTICED
Defendant Fidelity Advisor Diversified International
represented by James M. Humphrey (See above for address) ATTORNEY TO BE NOTICED R. Lawrence Ward (See above for address) ATTORNEY TO BE NOTICED
Defendant Fidelity Advisor Dividend Growth
represented by James M. Humphrey (See above for address) ATTORNEY TO BE NOTICED R. Lawrence Ward (See above for address) ATTORNEY TO BE NOTICED
Defendant https://ecf.mowd.uscourts.gov/cgi-bin/DktRpt.pl?487511944303306-L_801_0-1
146
Page 4 of 20
CM/ECF Western District of Missouri
Fidelity Advisor Dynamic Cap App
12/2/08 8:53 AM
represented by James M. Humphrey (See above for address) ATTORNEY TO BE NOTICED R. Lawrence Ward (See above for address) ATTORNEY TO BE NOTICED
Defendant Fidelity Advisor Electronics
represented by James M. Humphrey (See above for address) ATTORNEY TO BE NOTICED R. Lawrence Ward (See above for address) ATTORNEY TO BE NOTICED
Defendant Fidelity Advisor Emergency Mkts Inc.
represented by James M. Humphrey (See above for address) ATTORNEY TO BE NOTICED R. Lawrence Ward (See above for address) ATTORNEY TO BE NOTICED
Defendant Fidelity Advisor Emerging Asia
represented by James M. Humphrey (See above for address) ATTORNEY TO BE NOTICED R. Lawrence Ward (See above for address) ATTORNEY TO BE NOTICED
Defendant Fidelity Advisor Equity Growth
represented by James M. Humphrey (See above for address) ATTORNEY TO BE NOTICED R. Lawrence Ward (See above for address) ATTORNEY TO BE NOTICED
Defendant Fidelity Advisor Equity Income
represented by James M. Humphrey (See above for address) ATTORNEY TO BE NOTICED R. Lawrence Ward (See above for address)
https://ecf.mowd.uscourts.gov/cgi-bin/DktRpt.pl?487511944303306-L_801_0-1
147
Page 5 of 20
CM/ECF Western District of Missouri
12/2/08 8:53 AM
ATTORNEY TO BE NOTICED Defendant Fidelity Advisor Equity Value
represented by James M. Humphrey (See above for address) ATTORNEY TO BE NOTICED R. Lawrence Ward (See above for address) ATTORNEY TO BE NOTICED
Defendant Fidelity Advisor Europe Cap Apprec
represented by James M. Humphrey (See above for address) ATTORNEY TO BE NOTICED R. Lawrence Ward (See above for address) ATTORNEY TO BE NOTICED
Defendant Fidelity Advisor Fifty
represented by James M. Humphrey (See above for address) ATTORNEY TO BE NOTICED R. Lawrence Ward (See above for address) ATTORNEY TO BE NOTICED
Defendant Fidelity Advisor Financial Service
represented by James M. Humphrey (See above for address) ATTORNEY TO BE NOTICED R. Lawrence Ward (See above for address) ATTORNEY TO BE NOTICED
Defendant Fidelity Advisor Float Rate Hi Inc.
represented by James M. Humphrey (See above for address) ATTORNEY TO BE NOTICED R. Lawrence Ward (See above for address) ATTORNEY TO BE NOTICED
Defendant Fidelity Advisor Global Equity
represented by James M. Humphrey (See above for address) ATTORNEY TO BE NOTICED
https://ecf.mowd.uscourts.gov/cgi-bin/DktRpt.pl?487511944303306-L_801_0-1
148
Page 6 of 20
CM/ECF Western District of Missouri
12/2/08 8:53 AM
R. Lawrence Ward (See above for address) ATTORNEY TO BE NOTICED Defendant Fidelity Advisor Government Investment
represented by James M. Humphrey (See above for address) ATTORNEY TO BE NOTICED R. Lawrence Ward (See above for address) ATTORNEY TO BE NOTICED
Defendant Fidelity Advisor Growth & Income
represented by James M. Humphrey (See above for address) ATTORNEY TO BE NOTICED R. Lawrence Ward (See above for address) ATTORNEY TO BE NOTICED
Defendant Fidelity Advisor Growth Opportunity
represented by James M. Humphrey (See above for address) ATTORNEY TO BE NOTICED R. Lawrence Ward (See above for address) ATTORNEY TO BE NOTICED
Defendant Fidelity Advisor Health Care
represented by James M. Humphrey (See above for address) ATTORNEY TO BE NOTICED R. Lawrence Ward (See above for address) ATTORNEY TO BE NOTICED
Defendant Fidelity Advisor High Inc Advant
represented by James M. Humphrey (See above for address) ATTORNEY TO BE NOTICED R. Lawrence Ward (See above for address) ATTORNEY TO BE NOTICED
Defendant https://ecf.mowd.uscourts.gov/cgi-bin/DktRpt.pl?487511944303306-L_801_0-1
149
Page 7 of 20
CM/ECF Western District of Missouri
Fidelity Advisor High Income
12/2/08 8:53 AM
represented by James M. Humphrey (See above for address) ATTORNEY TO BE NOTICED R. Lawrence Ward (See above for address) ATTORNEY TO BE NOTICED
Defendant Fidelity Advisor Interm Bond
represented by James M. Humphrey (See above for address) ATTORNEY TO BE NOTICED R. Lawrence Ward (See above for address) ATTORNEY TO BE NOTICED
Defendant Fidelity Advisor International Capital App
represented by James M. Humphrey (See above for address) ATTORNEY TO BE NOTICED R. Lawrence Ward (See above for address) ATTORNEY TO BE NOTICED
Defendant Fidelity Advisor Japan
represented by James M. Humphrey (See above for address) ATTORNEY TO BE NOTICED R. Lawrence Ward (See above for address) ATTORNEY TO BE NOTICED
Defendant Fidelity Advisor Korea
represented by James M. Humphrey (See above for address) ATTORNEY TO BE NOTICED R. Lawrence Ward (See above for address) ATTORNEY TO BE NOTICED
Defendant Fidelity Advisor Large Cap
represented by James M. Humphrey (See above for address) ATTORNEY TO BE NOTICED R. Lawrence Ward (See above for address)
https://ecf.mowd.uscourts.gov/cgi-bin/DktRpt.pl?487511944303306-L_801_0-1
150
Page 8 of 20
CM/ECF Western District of Missouri
12/2/08 8:53 AM
ATTORNEY TO BE NOTICED Defendant Fidelity Advisor Latin America
represented by James M. Humphrey (See above for address) ATTORNEY TO BE NOTICED R. Lawrence Ward (See above for address) ATTORNEY TO BE NOTICED
Defendant Fidelity Advisor Leveraged Co Stock
represented by James M. Humphrey (See above for address) ATTORNEY TO BE NOTICED R. Lawrence Ward (See above for address) ATTORNEY TO BE NOTICED
Defendant Fidelity Advisor Mid Cap
represented by James M. Humphrey (See above for address) ATTORNEY TO BE NOTICED R. Lawrence Ward (See above for address) ATTORNEY TO BE NOTICED
Defendant Fidelity Advisor Mortgage Secs
represented by James M. Humphrey (See above for address) ATTORNEY TO BE NOTICED R. Lawrence Ward (See above for address) ATTORNEY TO BE NOTICED
Defendant Fidelity Advisor Municipal Inc.
represented by James M. Humphrey (See above for address) ATTORNEY TO BE NOTICED R. Lawrence Ward (See above for address) ATTORNEY TO BE NOTICED
Defendant Fidelity Advisor Natural
represented by James M. Humphrey (See above for address) ATTORNEY TO BE NOTICED
https://ecf.mowd.uscourts.gov/cgi-bin/DktRpt.pl?487511944303306-L_801_0-1
151
Page 9 of 20
CM/ECF Western District of Missouri
12/2/08 8:53 AM
R. Lawrence Ward (See above for address) ATTORNEY TO BE NOTICED Defendant Fidelity Advisor Overseas
represented by James M. Humphrey (See above for address) ATTORNEY TO BE NOTICED R. Lawrence Ward (See above for address) ATTORNEY TO BE NOTICED
Defendant Fidelity Advisor Real Estate
represented by James M. Humphrey (See above for address) ATTORNEY TO BE NOTICED R. Lawrence Ward (See above for address) ATTORNEY TO BE NOTICED
Defendant Fidelity Advisor Short Fixed-Inc.
represented by James M. Humphrey (See above for address) ATTORNEY TO BE NOTICED R. Lawrence Ward (See above for address) ATTORNEY TO BE NOTICED
Defendant Fidelity Advisor Small Cap
represented by James M. Humphrey (See above for address) ATTORNEY TO BE NOTICED R. Lawrence Ward (See above for address) ATTORNEY TO BE NOTICED
Defendant Fidelity Advisor Strat Gr
represented by James M. Humphrey (See above for address) ATTORNEY TO BE NOTICED R. Lawrence Ward (See above for address) ATTORNEY TO BE NOTICED
Defendant https://ecf.mowd.uscourts.gov/cgi-bin/DktRpt.pl?487511944303306-L_801_0-1
152
Page 10 of 20
CM/ECF Western District of Missouri
Fidelity Advisor Strategic Income
12/2/08 8:53 AM
represented by James M. Humphrey (See above for address) ATTORNEY TO BE NOTICED R. Lawrence Ward (See above for address) ATTORNEY TO BE NOTICED
Defendant Fidelity Advisor Technology
represented by James M. Humphrey (See above for address) ATTORNEY TO BE NOTICED R. Lawrence Ward (See above for address) ATTORNEY TO BE NOTICED
Defendant Fidelity Advisor TeleComm & Util GR
represented by James M. Humphrey (See above for address) ATTORNEY TO BE NOTICED R. Lawrence Ward (See above for address) ATTORNEY TO BE NOTICED
Defendant Fidelity Advisor Value Strat
represented by James M. Humphrey (See above for address) ATTORNEY TO BE NOTICED R. Lawrence Ward (See above for address) ATTORNEY TO BE NOTICED
Defendant Fidelity Floating Rate High Income
represented by James M. Humphrey (See above for address) ATTORNEY TO BE NOTICED R. Lawrence Ward (See above for address) ATTORNEY TO BE NOTICED
interested party National Association of Securities Dealers, Inc.
represented by Terri L. Reicher NASD 1735 K Street, NW Washington , DC 20006-1516 (202) 728-8967 ATTORNEY TO BE NOTICED
https://ecf.mowd.uscourts.gov/cgi-bin/DktRpt.pl?487511944303306-L_801_0-1
153
Page 11 of 20
CM/ECF Western District of Missouri
12/2/08 8:53 AM
Date Filed
#
Docket Text
11/30/2005
1 COMPLAINT against all defendants (Filing fee $250 receipt number 234309) Service due by 3/30/2006, filed by Bret D. Landrith on behalf of Donna Huffman.(Landrith, Bret) Civil cover sheet added on 12/1/2005 (Carr, Lori). (Entered: 11/30/2005)
01/04/2006
SUMMONS ISSUED as to Fidelity Management & Research Company, ADP, INC., ADP Broker-Dealer, Inc. (Carr, Lori) (Entered: 01/05/2006)
01/13/2006
SUMMONS ISSUED as to Russell P. Fradin, Deloitte & Touche, LLP, Fidelity Distributors, Inc., Fidelity Investments Institutional Operations Company, Inc., Fidelity Management Trust Company, Edward C. Johnson, III, Fidelity Advisor Asset Allocation, Fidelity Advisor Balanced, Fidelity Advisor Biotechnology, Fidelity Advisor Consumer Industry, Fidelity Advisor Cyclical Industry, Fidelity Advisor Developing Comm, Fidelity Advisor Diversified International, Fidelity Advisor Dividend Growth, Fidelity Advisor Dynamic Cap App, Fidelity Advisor Electronics, Fidelity Advisor Emergency Mkts Inc., Fidelity Advisor Emerging Asia, Fidelity Advisor Equity Growth, Fidelity Advisor Equity Income, Fidelity Advisor Equity Value, Fidelity Advisor Europe Cap Apprec, Fidelity Advisor Fifty, Fidelity Advisor Financial Service, Fidelity Advisor Float Rate Hi Inc., Fidelity Advisor Global Equity, Fidelity Advisor Government Investment, Fidelity Advisor Growth & Income, Fidelity Advisor Growth Opportunity, Fidelity Advisor Health Care, Fidelity Advisor High Inc Advant, Fidelity Advisor High Income, Fidelity Advisor Interm Bond, Fidelity Advisor International Capital App, Fidelity Advisor Japan, Fidelity Advisor Korea, Fidelity Advisor Large Cap, Fidelity Advisor Latin America, Fidelity Advisor Leveraged Co Stock, Fidelity Advisor Mid Cap, Fidelity Advisor Mortgage Secs, Fidelity Advisor Municipal Inc., Fidelity Advisor Natural, Fidelity Advisor Overseas, Fidelity Advisor Real Estate, Fidelity Advisor Short Fixed-Inc., Fidelity Advisor Small Cap, Fidelity Advisor Strat Gr, Fidelity Advisor Strategic Income, ADP, INC., Fidelity Advisor Technology, Fidelity Advisor TeleComm & Util GR, Fidelity Advisor Value Strat, Fidelity Floating Rate High Income, Arthur F. Weinbach, James P. Blake. (Kee, Georgia) (Entered: 01/13/2006)
01/23/2006
2 MOTION for extension of time UNOPPOSED MOTION FOR EXTENSION OF TIME filed byDaniel Bukovac on behalf of Russell P. Fradin, Automatic Data Processing, Inc., ADP, INC., ADP Broker-Dealer, Inc., ADP Investor Commuication Services, Inc., Arthur F. Weinbach, James P. Blake Suggestions in opposition/response due by 2/7/2006 unless otherwise directed by the court (Bukovac, Daniel) (Entered: 01/23/2006)
01/23/2006
3 DISCLOSURE OF CORPORATE INTERESTS CERTIFICATE OF INTEREST filed by Daniel Bukovac on behalf of Defendants Russell P. Fradin, Automatic Data Processing, Inc., ADP, INC., ADP Broker-Dealer, Inc., ADP Investor Commuication Services, Inc., Arthur F. Weinbach, James P. Blake.(Bukovac, Daniel) (Entered: 01/23/2006)
01/23/2006
4 ORDER granting 2 motion for extension of time Signed by Judge Gary A. Fenner on 1/23/06. (Mitchell, Lisa) (Entered: 01/23/2006)
03/01/2006
5 ORDER directing plaintiff to retain new counsel within 30 days. Signed by Judge Gary A. Fenner on 3/1/06. (Mitchell, Lisa) Copy mailed regular and certified mail, return receipt #7002 2410 0001 5861 3897 to Donna Huffman, 122 Vista View, Ozawkie, KS 66070 on 3/2/2006 (McDowell, Shelly). (Entered: 03/01/2006)
https://ecf.mowd.uscourts.gov/cgi-bin/DktRpt.pl?487511944303306-L_801_0-1
154
Page 12 of 20
CM/ECF Western District of Missouri
12/2/08 8:53 AM
03/07/2006
6 GREEN CARD showing return of service. Donna Huffman served on 03/04/06. (Related document(s) 5 ) (McDowell, Shelly) (Entered: 03/07/2006)
03/07/2006
7 NOTICE of appearance by James D. Griffin on behalf of Fidelity Distributors, Inc., Fidelity Management & Research Company, Fidelity Investments Institutional Operations Company, Inc., Fidelity Management Trust Company (Griffin, James) (Entered: 03/07/2006)
03/07/2006
8 DISCLOSURE OF CORPORATE INTERESTS filed by James D. Griffin on behalf of Defendants Fidelity Distributors, Inc., Fidelity Management & Research Company, Fidelity Investments Institutional Operations Company, Inc., Fidelity Management Trust Company.(Griffin, James) (Entered: 03/07/2006)
03/07/2006
9 MOTION to stay Proceedings filed byJames D. Griffin on behalf of Fidelity Distributors, Inc., Fidelity Management & Research Company, Fidelity Investments Institutional Operations Company, Inc., Fidelity Management Trust Company Suggestions in opposition/response due by 3/22/2006 unless otherwise directed by the court (Griffin, James) (Entered: 03/07/2006)
03/08/2006
10 MOTION to join JOINDER IN MOTION FOR STAY filed byDaniel Bukovac on behalf of Russell P. Fradin, Automatic Data Processing, Inc., ADP, INC., ADP BrokerDealer, Inc., ADP Investor Commuication Services, Inc., Arthur F. Weinbach, James P. Blake Suggestions in opposition/response due by 3/23/2006 unless otherwise directed by the court (Bukovac, Daniel) (Entered: 03/08/2006)
03/08/2006
11 ORDER granting 9 motion to stay Signed by Judge Gary A. Fenner on 3/8/06. (Mitchell, Lisa) Copy mailed to Donna Huffman, 122 Vista View, Ozawkie, KS 66070 on 3/8/2006 (McDowell, Shelly). (Entered: 03/08/2006)
03/08/2006
12 ORDER granting 10 motion to join Signed by Judge Gary A. Fenner on 3/8/06. (Mitchell, Lisa) Copy mailed to Donna Huffman, 122 Vista View, Ozawkie, KS 66070 on 3/8/2006 (McDowell, Shelly). (Entered: 03/08/2006)
03/23/2006
13 Joint MOTION to stay re 11 Order on Motion to Stay filed by James D. Griffin on behalf of Russell P. Fradin, Fidelity Distributors, Inc., Fidelity Management & Research Company, Fidelity Investments Institutional Operations Company, Inc., Fidelity Management Trust Company, Donna Huffman, Automatic Data Processing, Inc., ADP, INC., ADP Broker-Dealer, Inc., ADP Investor Commuication Services, Inc., Arthur F. Weinbach, James P. Blake Suggestions in opposition/response due by 4/7/2006 unless otherwise directed by the court (Related document(s) 11 ) (Griffin, James) (Entered: 03/23/2006)
03/24/2006
14 ORDER granting 13 motion to stay Signed by Judge Gary A. Fenner on 3/24/06. (Mitchell, Lisa) Copy mailed to Donna Huffman, 122 Vista View, Ozawkie, KS 66070 on 03/24/2006 (McDowell, Shelly). (Entered: 03/24/2006)
03/30/2006
15 MOTION for extension of time for service filed by Donna Huffman Suggestions in opposition/response due by 4/14/2006 unless otherwise directed by the court (McDowell, Shelly) (Entered: 03/31/2006)
03/30/2006
16 RETURN OF SERVICE of complaint executed by Donna Huffman. Fidelity Advisor Dividend Growth served on 3/29/2006, answer due 4/18/2006. (McDowell, Shelly) (Entered: 04/03/2006)
03/30/2006
17 RETURN OF SERVICE of complaint executed by Donna Huffman. Fidelity Advisor Diversified International served on 3/29/2006, answer due 4/18/2006. (McDowell,
https://ecf.mowd.uscourts.gov/cgi-bin/DktRpt.pl?487511944303306-L_801_0-1
155
Page 13 of 20
CM/ECF Western District of Missouri
12/2/08 8:53 AM
Shelly) (Entered: 04/03/2006) 03/30/2006
18 RETURN OF SERVICE of complaint executed by Donna Huffman. Fidelity Advisor Latin America served on 3/28/2006, answer due 4/17/2006. (McDowell, Shelly) (Entered: 04/03/2006)
03/30/2006
19 RETURN OF SERVICE of complaint executed by Donna Huffman. Fidelity Advisor Large Cap served on 3/28/2006, answer due 4/17/2006., RETURN OF SERVICE of complaint executed by Donna Huffman. Fidelity Advisor Large Cap served on 3/28/2006, answer due 4/17/2006. (McDowell, Shelly) (Entered: 04/03/2006)
03/30/2006
20 RETURN OF SERVICE of complaint executed by Donna Huffman. Fidelity Advisor Korea served on 3/28/2006, answer due 4/17/2006. (McDowell, Shelly) (Entered: 04/03/2006)
03/30/2006
21 RETURN OF SERVICE of complaint executed by Donna Huffman. Fidelity Advisor Japan served on 3/28/2006, answer due 4/17/2006. (McDowell, Shelly) (Entered: 04/03/2006)
03/30/2006
22 RETURN OF SERVICE of complaint executed by Donna Huffman. Fidelity Advisor International Capital App served on 3/28/2006, answer due 4/17/2006. (McDowell, Shelly) (Entered: 04/03/2006)
03/30/2006
23 RETURN OF SERVICE of complaint executed by Donna Huffman. Fidelity Advisor Interm Bond served on 3/28/2006, answer due 4/17/2006. (McDowell, Shelly) (Entered: 04/03/2006)
03/30/2006
24 RETURN OF SERVICE of complaint executed by Donna Huffman. Fidelity Advisor High Income served on 3/28/2006, answer due 4/17/2006. (McDowell, Shelly) (Entered: 04/03/2006)
03/30/2006
25 RETURN OF SERVICE of complaint executed by Donna Huffman. Fidelity Advisor High Inc Advant served on 3/28/2006, answer due 4/17/2006. (McDowell, Shelly) (Entered: 04/03/2006)
03/30/2006
26 RETURN OF SERVICE of complaint executed by Donna Huffman. Fidelity Advisor Health Care served on 3/28/2006, answer due 4/17/2006. (McDowell, Shelly) (Entered: 04/03/2006)
03/30/2006
27 RETURN OF SERVICE of complaint executed by Donna Huffman. Fidelity Advisor Growth Opportunity served on 3/28/2006, answer due 4/17/2006. (McDowell, Shelly) (Entered: 04/03/2006)
03/30/2006
28 RETURN OF SERVICE of complaint executed by Donna Huffman. Fidelity Advisor Cyclical Industry served on 3/28/2006, answer due 4/17/2006. (McDowell, Shelly) (Entered: 04/03/2006)
03/30/2006
29 RETURN OF SERVICE of complaint executed by Donna Huffman. Fidelity Advisor Asset Allocation served on 3/28/2006, answer due 4/17/2006. (McDowell, Shelly) (Entered: 04/03/2006)
03/30/2006
30 RETURN OF SERVICE of complaint executed by Donna Huffman. Fidelity Advisor Consumer Industry served on 3/28/2006, answer due 4/17/2006. (McDowell, Shelly) (Entered: 04/03/2006)
03/30/2006
31 RETURN OF SERVICE of complaint executed by Donna Huffman. Fidelity Advisor Biotechnology served on 3/28/2006, answer due 4/17/2006. (McDowell, Shelly)
https://ecf.mowd.uscourts.gov/cgi-bin/DktRpt.pl?487511944303306-L_801_0-1
156
Page 14 of 20
CM/ECF Western District of Missouri
12/2/08 8:53 AM
(Entered: 04/03/2006) 03/30/2006
32 RETURN OF SERVICE of complaint executed by Donna Huffman. Fidelity Advisor Balanced served on 3/28/2006, answer due 4/17/2006. (McDowell, Shelly) (Entered: 04/03/2006)
03/30/2006
33 RETURN OF SERVICE of complaint executed by Donna Huffman. Fidelity Advisor Leveraged Co Stock served on 3/28/2006, answer due 4/17/2006. (McDowell, Shelly) (Entered: 04/03/2006)
03/30/2006
34 RETURN OF SERVICE of complaint executed by Donna Huffman. Fidelity Advisor Mid Cap served on 3/28/2006, answer due 4/17/2006. (McDowell, Shelly) (Entered: 04/03/2006)
03/30/2006
35 RETURN OF SERVICE of complaint executed by Donna Huffman. Edward C. Johnson, III served on 3/28/2006, answer due 4/17/2006. (McDowell, Shelly) (Entered: 04/03/2006)
03/30/2006
36 RETURN OF SERVICE of complaint executed by Donna Huffman. Fidelity Advisor Mortgage Secs served on 3/28/2006, answer due 4/17/2006. (McDowell, Shelly) (Entered: 04/03/2006)
03/30/2006
37 RETURN OF SERVICE of complaint executed by Donna Huffman. Fidelity Advisor Emergency Mkts Inc. served on 3/28/2006, answer due 4/17/2006. (McDowell, Shelly) (Entered: 04/03/2006)
03/30/2006
38 RETURN OF SERVICE of complaint executed by Donna Huffman. Fidelity Advisor Financial Service served on 3/28/2006, answer due 4/17/2006. (McDowell, Shelly) (Entered: 04/03/2006)
03/30/2006
39 RETURN OF SERVICE of complaint executed by Donna Huffman. Fidelity Advisor Equity Growth served on 3/28/2006, answer due 4/17/2006. (McDowell, Shelly) (Entered: 04/03/2006)
03/30/2006
40 RETURN OF SERVICE of complaint executed by Donna Huffman. Fidelity Advisor Equity Income served on 3/28/2006, answer due 4/17/2006. (McDowell, Shelly) (Entered: 04/03/2006)
03/30/2006
41 RETURN OF SERVICE of complaint executed by Donna Huffman. Fidelity Advisor Europe Cap Apprec served on 3/28/2006, answer due 4/17/2006. (McDowell, Shelly) (Entered: 04/03/2006)
03/30/2006
42 RETURN OF SERVICE of complaint executed by Donna Huffman. Fidelity Advisor Emerging Asia served on 3/28/2006, answer due 4/17/2006. (McDowell, Shelly) Modified on 4/3/2006 to correct date of filing (McDowell, Shelly). (Entered: 04/03/2006)
03/30/2006
43 RETURN OF SERVICE of complaint executed by Donna Huffman. Fidelity Advisor Electronics served on 3/28/2006, answer due 4/17/2006. (McDowell, Shelly) (Entered: 04/03/2006)
03/30/2006
44 RETURN OF SERVICE of complaint executed by Donna Huffman. Fidelity Advisor Equity Value served on 3/28/2006, answer due 4/17/2006. (McDowell, Shelly) (Entered: 04/03/2006)
03/30/2006
45 RETURN OF SERVICE of complaint executed by Donna Huffman. Fidelity Advisor Float Rate Hi Inc. served on 3/28/2006, answer due 4/17/2006. (McDowell, Shelly)
https://ecf.mowd.uscourts.gov/cgi-bin/DktRpt.pl?487511944303306-L_801_0-1
157
Page 15 of 20
CM/ECF Western District of Missouri
12/2/08 8:53 AM
(Entered: 04/03/2006) 03/30/2006
46 RETURN OF SERVICE of complaint executed by Donna Huffman. Fidelity Advisor Global Equity served on 3/28/2006, answer due 4/17/2006. (McDowell, Shelly) (Entered: 04/03/2006)
03/30/2006
47 RETURN OF SERVICE of complaint executed by Donna Huffman. Fidelity Advisor Fifty served on 3/28/2006, answer due 4/17/2006. (McDowell, Shelly) (Entered: 04/03/2006)
03/30/2006
48 RETURN OF SERVICE of complaint executed by Donna Huffman. Fidelity Advisor Dynamic Cap App served on 3/28/2006, answer due 4/17/2006. (McDowell, Shelly) (Entered: 04/03/2006)
03/30/2006
49 RETURN OF SERVICE of complaint executed by Donna Huffman. Fidelity Advisor Growth & Income served on 3/28/2006, answer due 4/17/2006. (McDowell, Shelly) (Entered: 04/03/2006)
03/30/2006
50 RETURN OF SERVICE of complaint executed by Donna Huffman. Fidelity Advisor Government Investment served on 3/28/2006, answer due 4/17/2006. (McDowell, Shelly) (Entered: 04/03/2006)
03/30/2006
51 RETURN OF SERVICE of complaint executed by Donna Huffman. Fidelity Advisor Value Strat served on 3/28/2006, answer due 4/17/2006. (McDowell, Shelly) (Entered: 04/03/2006)
03/30/2006
52 RETURN OF SERVICE of complaint executed by Donna Huffman. Fidelity Advisor TeleComm & Util GR served on 3/28/2006, answer due 4/17/2006. (McDowell, Shelly) (Entered: 04/03/2006)
03/30/2006
53 RETURN OF SERVICE of complaint executed by Donna Huffman. Fidelity Advisor Technology served on 3/28/2006, answer due 4/17/2006. (McDowell, Shelly) (Entered: 04/03/2006)
03/30/2006
54 RETURN OF SERVICE of complaint executed by Donna Huffman. Fidelity Advisor Strategic Income served on 3/28/2006, answer due 4/17/2006. (McDowell, Shelly) (Entered: 04/03/2006)
03/30/2006
55 RETURN OF SERVICE of complaint executed by Donna Huffman. Fidelity Advisor Strat Gr served on 3/28/2006, answer due 4/17/2006. (McDowell, Shelly) (Entered: 04/03/2006)
03/30/2006
56 RETURN OF SERVICE of complaint executed by Donna Huffman. Fidelity Advisor Short Fixed-Inc. served on 3/28/2006, answer due 4/17/2006. (McDowell, Shelly) (Entered: 04/03/2006)
03/30/2006
57 RETURN OF SERVICE of complaint executed by Donna Huffman. Fidelity Advisor Small Cap served on 3/28/2006, answer due 4/17/2006. (McDowell, Shelly) Modified on 4/3/2006 to include document that did not attach during filing (McDowell, Shelly). (Entered: 04/03/2006)
03/30/2006
58 RETURN OF SERVICE of complaint executed by Donna Huffman. Fidelity Advisor Developing Comm served on 3/28/2006, answer due 4/17/2006. (McDowell, Shelly) (Entered: 04/03/2006)
03/30/2006
59 RETURN OF SERVICE of complaint executed by Donna Huffman. Fidelity Advisor Natural served on 3/28/2006, answer due 4/17/2006. (McDowell, Shelly) (Entered:
https://ecf.mowd.uscourts.gov/cgi-bin/DktRpt.pl?487511944303306-L_801_0-1
158
Page 16 of 20
CM/ECF Western District of Missouri
12/2/08 8:53 AM
04/03/2006) 03/30/2006
60 RETURN OF SERVICE of complaint executed by Donna Huffman. Fidelity Advisor Overseas served on 3/28/2006, answer due 4/17/2006. (McDowell, Shelly) (Entered: 04/03/2006)
03/30/2006
61 RETURN OF SERVICE of complaint executed by Fidelity Advisor Real Estate. Donna Huffman served on 3/28/2006, answer due 4/17/2006. (McDowell, Shelly) (Entered: 04/03/2006)
03/30/2006
62 RETURN OF SERVICE of complaint executed by Donna Huffman. Fidelity Advisor Municipal Inc. served on 3/28/2006, answer due 4/17/2006. (McDowell, Shelly) (Entered: 04/03/2006)
03/30/2006
63 RETURN OF SERVICE of complaint executed by Donna Huffman. Fidelity Floating Rate High Income served on 3/28/2006, answer due 4/17/2006. (McDowell, Shelly). (McDowell, Shelly) (Entered: 04/03/2006)
04/13/2006
64 MOTION for extension of time of Edward C. Johnson to Respond and to Stay filed by James D. Griffin on behalf of Fidelity Distributors, Inc., Fidelity Management & Research Company, Fidelity Investments Institutional Operations Company, Inc., Fidelity Management Trust Company, Edward C. Johnson, III Suggestions in opposition/response due by 4/28/2006 unless otherwise directed by the court (Griffin, James) (Entered: 04/13/2006)
04/13/2006
65 ORDER granting 64 motion for extension of time Signed by Judge Gary A. Fenner on 4/13/06. (Mitchell, Lisa) Copy mailed to Donna Huffman, 122 Vista View, Ozawkie, KS 66070 on 4/14/2006 (McDowell, Shelly). (Entered: 04/13/2006)
04/17/2006
66 MOTION for extension of time , Unopposed, to Answer or Otherwise Respond and for Stay of Proceedings filed by James M. Humphrey on behalf of Fidelity Advisor Asset Allocation, Fidelity Advisor Balanced, Fidelity Advisor Biotechnology, Fidelity Advisor Consumer Industry, Fidelity Advisor Cyclical Industry, Fidelity Advisor Developing Comm, Fidelity Advisor Diversified International, Fidelity Advisor Dividend Growth, Fidelity Advisor Dynamic Cap App, Fidelity Advisor Electronics, Fidelity Advisor Emergency Mkts Inc., Fidelity Advisor Emerging Asia, Fidelity Advisor Equity Growth, Fidelity Advisor Equity Income, Fidelity Advisor Equity Value, Fidelity Advisor Europe Cap Apprec, Fidelity Advisor Fifty, Fidelity Advisor Financial Service, Fidelity Advisor Float Rate Hi Inc., Fidelity Advisor Global Equity, Fidelity Advisor Government Investment, Fidelity Advisor Growth & Income, Fidelity Advisor Growth Opportunity, Fidelity Advisor Health Care, Fidelity Advisor High Inc Advant, Fidelity Advisor High Income, Fidelity Advisor Interm Bond, Fidelity Advisor International Capital App, Fidelity Advisor Japan, Fidelity Advisor Korea, Fidelity Advisor Large Cap, Fidelity Advisor Latin America, Fidelity Advisor Leveraged Co Stock, Fidelity Advisor Mid Cap, Fidelity Advisor Mortgage Secs, Fidelity Advisor Municipal Inc., Fidelity Advisor Natural, Fidelity Advisor Overseas, Fidelity Advisor Real Estate, Fidelity Advisor Short Fixed-Inc., Fidelity Advisor Small Cap, Fidelity Advisor Strat Gr, Fidelity Advisor Strategic Income, Fidelity Advisor Technology, Fidelity Advisor TeleComm & Util GR, Fidelity Advisor Value Strat, Fidelity Floating Rate High Income Suggestions in opposition/response due by 5/2/2006 unless otherwise directed by the court (Humphrey, James) (Entered: 04/17/2006)
04/17/2006
67 DISCLOSURE OF CORPORATE INTERESTS filed by James M. Humphrey on behalf of Defendants Fidelity Advisor Asset Allocation, Fidelity Advisor Balanced, Fidelity Advisor Biotechnology, Fidelity Advisor Consumer Industry, Fidelity Advisor
https://ecf.mowd.uscourts.gov/cgi-bin/DktRpt.pl?487511944303306-L_801_0-1
159
Page 17 of 20
CM/ECF Western District of Missouri
12/2/08 8:53 AM
Cyclical Industry, Fidelity Advisor Developing Comm, Fidelity Advisor Diversified International, Fidelity Advisor Dividend Growth, Fidelity Advisor Dynamic Cap App, Fidelity Advisor Electronics, Fidelity Advisor Emergency Mkts Inc., Fidelity Advisor Emerging Asia, Fidelity Advisor Equity Growth, Fidelity Advisor Equity Income, Fidelity Advisor Equity Value, Fidelity Advisor Europe Cap Apprec, Fidelity Advisor Fifty, Fidelity Advisor Financial Service, Fidelity Advisor Float Rate Hi Inc., Fidelity Advisor Global Equity, Fidelity Advisor Government Investment, Fidelity Advisor Growth & Income, Fidelity Advisor Growth Opportunity, Fidelity Advisor Health Care, Fidelity Advisor High Inc Advant, Fidelity Advisor High Income, Fidelity Advisor Interm Bond, Fidelity Advisor International Capital App, Fidelity Advisor Japan, Fidelity Advisor Korea, Fidelity Advisor Large Cap, Fidelity Advisor Latin America, Fidelity Advisor Leveraged Co Stock, Fidelity Advisor Mid Cap, Fidelity Advisor Mortgage Secs, Fidelity Advisor Municipal Inc., Fidelity Advisor Natural, Fidelity Advisor Overseas, Fidelity Advisor Real Estate, Fidelity Advisor Short FixedInc., Fidelity Advisor Small Cap, Fidelity Advisor Strat Gr, Fidelity Advisor Strategic Income, Fidelity Advisor Technology, Fidelity Advisor TeleComm & Util GR, Fidelity Advisor Value Strat, Fidelity Floating Rate High Income.(Humphrey, James) (Entered: 04/17/2006) 04/18/2006
68 ORDER granting 66 motion for extension of time Signed by Judge Gary A. Fenner on 4/18/06. (Mitchell, Lisa) Copy mailed to Donna Huffman, 122 Vista View, Ozawkie, KS 66070 on 4/19/2006 (Carr, Lori). (Entered: 04/18/2006)
04/18/2006
69 NOTICE of filing by Edward C. Johnson, III of Clarification of Unopposed Motion for Extension of Time to Respond and to Stay (Griffin, James) (Entered: 04/18/2006)
04/18/2006
70 NOTICE of appearance by R. Lawrence Ward on behalf of Fidelity Advisor Asset Allocation, Fidelity Advisor Balanced, Fidelity Advisor Biotechnology, Fidelity Advisor Consumer Industry, Fidelity Advisor Cyclical Industry, Fidelity Advisor Developing Comm, Fidelity Advisor Diversified International, Fidelity Advisor Dividend Growth, Fidelity Advisor Dynamic Cap App, Fidelity Advisor Electronics, Fidelity Advisor Emergency Mkts Inc., Fidelity Advisor Emerging Asia, Fidelity Advisor Equity Growth, Fidelity Advisor Equity Income, Fidelity Advisor Equity Value, Fidelity Advisor Europe Cap Apprec, Fidelity Advisor Fifty, Fidelity Advisor Financial Service, Fidelity Advisor Float Rate Hi Inc., Fidelity Advisor Global Equity, Fidelity Advisor Government Investment, Fidelity Advisor Growth & Income, Fidelity Advisor Growth Opportunity, Fidelity Advisor Health Care, Fidelity Advisor High Inc Advant, Fidelity Advisor High Income, Fidelity Advisor Interm Bond, Fidelity Advisor International Capital App, Fidelity Advisor Japan, Fidelity Advisor Korea, Fidelity Advisor Large Cap, Fidelity Advisor Latin America, Fidelity Advisor Leveraged Co Stock, Fidelity Advisor Mid Cap, Fidelity Advisor Mortgage Secs, Fidelity Advisor Municipal Inc., Fidelity Advisor Natural, Fidelity Advisor Overseas, Fidelity Advisor Real Estate, Fidelity Advisor Short Fixed-Inc., Fidelity Advisor Small Cap, Fidelity Advisor Strat Gr, Fidelity Advisor Strategic Income, Fidelity Advisor Technology, Fidelity Advisor TeleComm & Util GR, Fidelity Advisor Value Strat, Fidelity Floating Rate High Income (Ward, R.) (Entered: 04/18/2006)
04/18/2006
71 MOTION to amend/correct possible errors in 1 Complaint filed by Donna Huffman. Suggestions in opposition/response due by 5/3/2006 unless otherwise directed by the court (Related document(s) 1 ) (Carr, Lori) (Entered: 04/19/2006)
05/10/2006
72 ORDER denying 71 motion to amend/correct Signed by Judge Gary A. Fenner on 5/10/06. (Mitchell, Lisa) Copy mailed to Donna Huffman, 122 Vista View, Ozawkie, KS 66070 on 5/11/2006 (Carr, Lori). (Entered: 05/10/2006)
https://ecf.mowd.uscourts.gov/cgi-bin/DktRpt.pl?487511944303306-L_801_0-1
160
Page 18 of 20
CM/ECF Western District of Missouri
12/2/08 8:53 AM
05/18/2006
73 Second MOTION to stay SECOND JOINT MOTION FOR EXTENSION OF STAY AND OTHER DEADLINES filed by Daniel Bukovac on behalf of Russell P. Fradin, Automatic Data Processing, Inc., ADP, INC., ADP Broker-Dealer, Inc., ADP Investor Commuication Services, Inc., Arthur F. Weinbach, James P. Blake Suggestions in opposition/response due by 6/2/2006 unless otherwise directed by the court (Bukovac, Daniel) (Entered: 05/18/2006)
05/18/2006
74 ORDER granting 73 motion to stay Signed by Judge Gary A. Fenner on 5/18/06. (Mitchell, Lisa) Copy mailed to Donna Huffman, 122 Vista View Ozawkie, KS 66070 on 5/19/2006 (McDowell, Shelly). (Entered: 05/18/2006)
07/05/2006
75 Minute Entry for proceedings held before Judge Gary A. Fenner : TELEPHONE CONFERENCE held on 7/5/2006. THIS IS A TEXT ENTRY ONLY. (Court Reporter Libby Shinn.) (Diefenbach, Tracy) (Entered: 07/05/2006)
07/07/2006
76 ORDER setting settlement conference to be held on 8/2/2006 at 10:00 AM in Courtroom 7E, Kansas City (JTM). Signed by Judge John T. Maughmer on 7/7/06. (Rollheiser, Sandy) Copy mailed to Donna Huffman, 122 Vista View, Ozawkie, KS 66070 on 7/10/2006 (McDowell, Shelly). (Entered: 07/07/2006)
08/02/2006
77 Minute Entry for proceedings held before Judge John T. Maughmer : SETTLEMENT CONFERENCE held on 8/2/2006. Plaintiff appeared pro se. Defendant appeared by counsel Daniel Bukovac and Catherine Carr. Case settled. (Martinez, Kerry) (Entered: 08/08/2006)
08/21/2006
78 STIPULATION of dismissal STIPULATION OF DISMISSAL OF DEFENDANT JAMES P. BLAKE WITH PREJUDICE AND FOR RETENTION OF COURT'S JURISDICTION FOR EXPUNGEMENT RELIEF by Russell P. Fradin, Automatic Data Processing, Inc., ADP, INC., ADP Broker-Dealer, Inc., ADP Investor Commuication Services, Inc., Arthur F. Weinbach, James P. Blake. (Bukovac, Daniel) (Entered: 08/21/2006)
08/21/2006
79 NOTICE of voluntary dismissal by Donna Huffman (McDowell, Shelly) (Entered: 08/21/2006)
08/22/2006
80 ORDER granting 78 Stipulation of Dismissal, filed by ADP, INC., Automatic Data Processing, Inc., ADP Broker-Dealer, Inc., ADP Investor Commuication Services, Inc., Arthur F. Weinbach, James P. Blake, Russell P. Fradin, Signed by Judge Gary A. Fenner on 8/22/06. (Mitchell, Lisa) Copy mailed to Donna Huffman, 122 Vista View, Ozawkie, KS 66070 on 8/22/2006 (McDowell, Shelly). (Entered: 08/22/2006)
08/31/2006
81 Order of Dismissal Signed by Judge Gary A. Fenner on 8/31/06. (Mitchell, Lisa) Copy mailed to Donna Huffman, 122 Vista View, Ozawkie, KS 66070 on 9/1/2006 (McDowell, Shelly). (Entered: 08/31/2006)
09/29/2006
82 MOTION for extension of time filed by Daniel Bukovac on behalf of ADP, INC. Suggestions in opposition/response due by 10/16/2006 unless otherwise directed by the court (Bukovac, Daniel) (Entered: 09/29/2006)
10/20/2006
83 ORDER granting 82 motion for extension of time Signed by Judge Gary A. Fenner on 10/20/06. (Mitchell, Lisa) Copy mailed to Donna Huffman, 122 Vista View, Ozawkie, KS 66070 on 10/20/2006 (McDowell, Shelly). (Entered: 10/20/2006)
11/15/2006
84 MOTION to join MOTION OF DEFENDANT JAMES P. BLAKE FOR JOINDER OF NASD filed by Daniel Bukovac on behalf of James P. BlakeSuggestions in opposition/response due by 11/30/2006 unless otherwise directed by the court.
https://ecf.mowd.uscourts.gov/cgi-bin/DktRpt.pl?487511944303306-L_801_0-1
161
Page 19 of 20
CM/ECF Western District of Missouri
12/2/08 8:53 AM
(Bukovac, Daniel) (Entered: 11/15/2006) 11/15/2006
85 SUGGESTIONS in support re 84 MOTION to join MOTION OF DEFENDANT JAMES P. BLAKE FOR JOINDER OF NASD SUGGESTIONS IN SUPPORT OF MOTION OF DEFENDANT JAMES P. BLAKE FOR JOINDER OF NASD filed by Daniel Bukovac on behalf of Defendant James P. Blake. (Attachments: # 1 Appendix A# 2 Appendix B# 3 Appendix C)(Related document(s) 84 ) (Bukovac, Daniel) (Entered: 11/15/2006)
11/22/2006
86 MOTION to alter judgment MOTION OF DEFENDANT JAMES P. BLAKE FOR EXPUNGEMENT ORDER filed by Daniel Bukovac on behalf of James P. BlakeSuggestions in opposition/response due by 12/7/2006 unless otherwise directed by the court. (Bukovac, Daniel) (Entered: 11/22/2006)
11/22/2006
87 SUGGESTIONS in support re 86 MOTION to alter judgment MOTION OF DEFENDANT JAMES P. BLAKE FOR EXPUNGEMENT ORDER SUGGESTIONS IN SUPPORT OF MOTION OF DEFENDANT JAMES P. BLAKE FOR EXPUNGEMENT ORDER filed by Daniel Bukovac on behalf of Defendant James P. Blake. (Attachments: # 1 Appendix A# 2 Appendix B# 3 Appendix C)(Related document(s) 86 ) (Bukovac, Daniel) (Entered: 11/22/2006)
12/12/2006
88 ORDER granting 84 motion to join Signed by Judge Gary A. Fenner on 12/12/06. (Mitchell, Lisa) Copy mailed to Donna Huffman,122 Vista View, Ozawkie, KS 66070 on 12/13/2006 (McDowell, Shelly). (Entered: 12/12/2006)
01/05/2007
90 Motion to allow Terri Reicher to appear pro hac vice (Pro Hac fee $50 receipt number 247205) filed by National Association of Securities Dealers, Inc. (McDowell, Shelly) (Entered: 01/05/2007)
01/05/2007
91 ORDER granting 90 motion to appear pro hac vice approved by Clerk of Court. Attorney Terri L. Reicher for National Association of Securities Dealers, Inc. allowed to appear pro hac vice. This is a text only entry and will serve as authorization for the pro hac participation by the attorney. No document is attached. Signed by Judge Gary A. Fenner on 01/05/07. (McDowell, Shelly) (Entered: 01/05/2007)
01/08/2007
92 STIPULATION JOINT STIPULATION IN SUPPORT OF MOTION FOR EXPUNGEMENT ORDER by National Association of Securities Dealers, Inc., James P. Blake. (Bukovac, Daniel) (Entered: 01/08/2007)
01/09/2007
93 ORDER granting 86 motion to alter judgment Signed by Judge Gary A. Fenner on 1/9/07. (Mitchell, Lisa) Copy mailed to Donna Huffman, 122 Vista View, Ozawkie, KS 66070 on 1/10/2007 (McDowell, Shelly). (Entered: 01/09/2007)
PACER Service Center Transaction Receipt 12/02/2008 08:52:10 PACER Login: la1630 Description:
Client Code:
Docket Report Search Criteria: 4:05-cv-01205-GAF
Billable Pages: 21
Cost:
1.68
https://ecf.mowd.uscourts.gov/cgi-bin/DktRpt.pl?487511944303306-L_801_0-1
162
Page 20 of 20
CM/ECF Western District of Missouri
12/2/08 9:17 AM
PHV
U.S. District Court United States District Court for the Western District of Missouri (Kansas City) CRIMINAL DOCKET FOR CASE #: 4:08-cr-00225-ODS-1 Case title: USA v. Sherwood Magistrate judge case number: 4:08-mj-00106-REL
Date Filed: 08/19/2008
Assigned to: District Judge Ortrie D. Smith Referred to: Magistrate Judge Robert E. Larsen Defendant (1) Dustin Ray Sherwood
represented by FPD Federal Public Defender 818 Grand Boulevard Suite 300 Kansas City , MO 64106 (816) 471-8282 Email:
[email protected] TERMINATED: 07/29/2008 LEAD ATTORNEY Bruce D. Sloan 5405 NE 160th St. Ste. 220 Smithville , MO 64089-8162 (816) 532-6015 LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: Retained William C Bracker 226 South 6th Street Council Bluffs , IA 51501 (712) 322-4215 Fax: (712) 328-6855 Email:
[email protected] LEAD ATTORNEY
https://ecf.mowd.uscourts.gov/cgi-bin/DktRpt.pl?811801532979364-L_801_0-1
163
Page 1 of 9
Supp. Apdx. 13
CM/ECF Western District of Missouri
12/2/08 9:17 AM
PRO HAC VICE ATTORNEY TO BE NOTICED Designation: Retained William J. Raymond Federal Public Defender's Office 818 Grand Avenue Suite 300 Kansas City , MO 64106 (816) 471-8282 Email:
[email protected] TERMINATED: 08/20/2008 LEAD ATTORNEY Marilyn B. Keller Wyrsch, Hobbs & Mirakian, PC 1000 Walnut Ste. 1600 Kansas City , MO 64106-2122 (816) 221-0080 Fax: (816)221-3280 Email:
[email protected] TERMINATED: 10/28/2008 Designation: Retained Stephen G. Mirakian Wyrsch Hobbs Mirakian PC 1000 Walnut Suite 1600 Kansas City , MO 64106 (816)221-0080 Fax: (816)221-3280 Email:
[email protected] TERMINATED: 10/28/2008 Designation: Retained Pending Counts
Disposition
INFLUENCE/INJURING OFFICER/JUROR/WITNESS (1) Highest Offense Level (Opening) Felony Terminated Counts
Disposition
https://ecf.mowd.uscourts.gov/cgi-bin/DktRpt.pl?811801532979364-L_801_0-1
164
Page 2 of 9
CM/ECF Western District of Missouri
12/2/08 9:17 AM
None Highest Offense Level (Terminated) None Complaints
Disposition
did corruptly by threat and by a threatening communication endeavor to influence, obstruct and impede the due administration of justice in the case of In Re: Dustin R. Sherwood and Jennifer Sherwood, Debtors, No. 07-50584- JWV11 United States Bankruptcy Court, Western District of Missouri, in that defendant Dustin Ray Sherwood telephonically contacted Chapter 11 Trustee Janice E. Stanton and conveyed a threat intended to impede a court-ordered sale of defendants real estate set for August 5, 2008. All in violation of Title 18, United States Code, Section 1503 (a).
Plaintiff USA
represented by Jane Pansing Brown United States Attorney's Office 400 E 9th St Room 5510 Kansas City , MO 64106 (816)426-2605 Fax: (816)426-3126 Email:
[email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Lucinda S. Woolery Office of the United States Attorney 400 E. 9th St. Room 500 Kansas City , MO 64106 (816)426-3130 Fax: (816)426-3165 Email:
[email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED
https://ecf.mowd.uscourts.gov/cgi-bin/DktRpt.pl?811801532979364-L_801_0-1
165
Page 3 of 9
CM/ECF Western District of Missouri
12/2/08 9:17 AM
Date Filed
#
Docket Text
07/24/2008
1 COMPLAINT as to Dustin Ray Sherwood (1). (Attachments: # 1 Affidavit, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D) (Kee, Georgia) [4:08-mj-00106-REL] (Entered: 07/24/2008)
07/24/2008
2 MOTION for detention hearing by USA as to Dustin Ray Sherwood. Suggestions in opposition/response due by 8/8/2008 unless otherwise directed by the court. (Kee, Georgia) [4:08-mj-00106-REL] (Entered: 07/24/2008)
07/24/2008
3 MOTION to continue detention hearing by USA as to Dustin Ray Sherwood. Suggestions in opposition/response due by 8/8/2008 unless otherwise directed by the court. (Kee, Georgia) [4:08-mj-00106-REL] (Entered: 07/24/2008)
07/25/2008
4 ORDER by Magistrate Judge Robert E. Larsen sealing entire case as to Dustin Ray Sherwood upon oral motion by Government.This is a TEXT ONLY ENTRY. No document is attached.(Anderson-Porter, Sue) [4:08-mj-00106-REL] (Entered: 07/25/2008)
07/28/2008
ARREST of Dustin Ray Sherwood (Carr, Lori) [4:08-mj-00106-REL] (Entered: 07/28/2008)
07/28/2008
ORDER as to Dustin Ray Sherwood. A defendant having been arrested, it is ordered that this complaint be unsealed, and then processed in accordance with established procedure and law. Signed by United States Magistrate Judge Robert E Larsen. This is a docket entry only. No document is attached. (Carr, Lori) Modified on 7/29/2008 (Carr, Lori). [4:08-mj-00106-REL] (Entered: 07/28/2008)
07/28/2008
5 Minute Entry for proceedings held before Magistrate Judge Robert E. Larsen: INITIAL APPEARANCE as to Dustin Ray Sherwood held on 7/28/2008. The Government filed a motion for detention hearing a for continuance thereof; the Court sets a detention hearing & arraignment for Wednesday, 7/30/2008 02:30 PM in Courtroom 6D, Kansas City (REL) before Judge Robert Larsen. Defendant is remanded to custody of the U.S. Marshals pending outcome of the detention hearing. (Court Reporter FTR/L. Carr.) (Carr, Lori) [4:08-mj-00106-REL] (Entered: 07/29/2008)
07/28/2008
6 AFFIDAVIT of Financial Status of Dustin Ray Sherwood. This is a text entry only the document contains original signatures of non attorneys and is being maintained in a paper file at the court. (Carr, Lori) [4:08-mj-00106-REL] (Entered: 07/29/2008)
07/28/2008
7 ORDER APPOINTING FEDERAL PUBLIC DEFENDER as to Dustin Ray Sherwood. Signed by Magistrate Judge Robert E. Larsen on 07/28/08.(Carr, Lori) [4:08-mj-00106-REL] (Entered: 07/29/2008)
07/28/2008
8 ORDER AUTHORIZING TEMPORARY TRANSFER OF CUSTODY ON CONSENT as to Dustin Ray Sherwood. Signed by Magistrate Judge Robert E. Larsen on 07/28/08.(Carr, Lori) [4:08-mj-00106-REL] (Entered: 07/29/2008)
07/29/2008
9 ORDER granting 2 motion for detention hearing as to Dustin Ray Sherwood (1);
https://ecf.mowd.uscourts.gov/cgi-bin/DktRpt.pl?811801532979364-L_801_0-1
166
Page 4 of 9
CM/ECF Western District of Missouri
12/2/08 9:17 AM
granting 3 motion to continue detention hearing as to Dustin Ray Sherwood (1); setting hearing for 2:30 p.m., 7/30/2008. Signed by Magistrate Judge Robert E. Larsen on 7/29/2008. (Marullo, Carol) [4:08-mj-00106-REL] (Entered: 07/29/2008) 07/29/2008
Detention Hearing set for 7/30/2008 02:30 PM in Courtroom 6D, Kansas City (REL) before Judge Robert Larsen.This is a TEXT ONLY ENTRY. No document is attached.(Marullo, Carol) [4:08-mj-00106-REL] (Entered: 07/29/2008)
07/29/2008
10 ARREST WARRANT RETURNED EXECUTED on 7/28/08 as to Dustin Ray Sherwood. This is a text entry only - the document contains original signatures of non attorneys and is being maintained in a paper file at the court.(Kee, Georgia) [4:08-mj00106-REL] (Entered: 07/30/2008)
07/30/2008
11 Minute Entry for proceedings held before Magistrate Judge Robert E. Larsen: PRELIMINARY EXAMINATION as to Dustin Ray Sherwood held on 7/30/2008. Government presents evidence and calls witness(es) Arch Gothard and Janice Stanton. Probable cause established; defendant bound over to U.S. District Court for grand jury action or other proceedings. DETENTION HEARING as to Dustin Ray Sherwood held on 7/30/2008. Parties stipulate to the factual contents of the Pretrial Services Report as being the direct testimony of Pretrial Services Officer Nick Zych. Arguments presented. Defendant makes a proffer. The Court incorporates the record made at the Preliminary Exam held immediately before the Detention Hearing. The Court found defendant should be detained on issues of the safety of any other person or persons and the community. DEFENDANT ordered detained without bail pending trial. Written DETENTION ORDER to be forthcoming. Defendant remanded to the custody of US Marshal. (Court Reporter FTR/L. Carr.) (Carr, Lori) [4:08-mj-00106REL] (Entered: 08/04/2008)
07/30/2008
12 GOVERNMENT'S EXHIBIT INDEX as to Dustin Ray Sherwood. (Carr, Lori) [4:08mj-00106-REL] (Entered: 08/04/2008)
07/30/2008
14 DEFENDANT'S EXHIBIT INDEX - Detention Hearing as to Dustin Ray Sherwood. (Carr, Lori) [4:08-mj-00106-REL] (Entered: 08/05/2008)
08/04/2008
13 ORDER OF DETENTION as to Dustin Ray Sherwood. Signed by Magistrate Judge Robert E. Larsen on 8/4/2008.(Marullo, Carol) [4:08-mj-00106-REL] (Entered: 08/04/2008)
08/06/2008
15 ELECTRONIC TRANSCRIPT as to Dustin Ray Sherwood of Preliminary and Detention Hearing held July 30, 2008 before Judge Robert E. Larsen. Court Reporter: Lissa Whittaker/816-822-3653. NOTICE RE: REDACTION OF TRANSCRIPTS: Within 7 calendar days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the parties' intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website. Please read this policy carefully. NOTICE: Attorneys must contact the court reporter for copies during this 90 day period. Notice of Intent to File Redaction of Transcripts due by 8/15/2008. Release of Transcript Restriction set for 11/4/2008.(Whittaker, Lissa) [4:08-mj-00106-REL]
https://ecf.mowd.uscourts.gov/cgi-bin/DktRpt.pl?811801532979364-L_801_0-1
167
Page 5 of 9
CM/ECF Western District of Missouri
12/2/08 9:17 AM
(Entered: 08/06/2008) 08/08/2008
16 NOTICE OF ATTORNEY APPEARANCE Stephen G. Mirakian appearing for Dustin Ray Sherwood (Mirakian, Stephen) [4:08-mj-00106-REL] (Entered: 08/08/2008)
08/08/2008
17 MOTION for reconsideration of Detention Order by Dustin Ray Sherwood. Suggestions in opposition/response due by 8/25/2008 unless otherwise directed by the court. (Mirakian, Stephen) [4:08-mj-00106-REL] (Entered: 08/08/2008)
08/11/2008
18 SUGGESTIONS in opposition by USA as to Dustin Ray Sherwood re 17 MOTION for reconsideration of Detention Order Reply suggestions due by 8/26/2008 unless otherwise directed by the court (Brown, Jane) [4:08-mj-00106-REL] (Entered: 08/11/2008)
08/11/2008
19 ORDER denying 17 motion for reconsideration of detention order as to Dustin Ray Sherwood (1). Signed by Magistrate Judge Robert E. Larsen on 8/11/2008. (Marullo, Carol) [4:08-mj-00106-REL] (Entered: 08/11/2008)
08/19/2008
20 INDICTMENT as to Dustin Ray Sherwood (1) count(s) 1. (Attachments: # 1 Criminal Cover Sheet) (Carr, Lori) (Entered: 08/20/2008)
08/20/2008
21 ORDER terminating counsel as to Dustin Ray Sherwood - Order terminating appointment of counsel; representation by attorney William J. Raymond terminated. Signed by Magistrate Judge Robert E. Larsen on 08/20/08.(Sourk, Rebecca) (Entered: 08/20/2008)
08/20/2008
22 NOTICE OF HEARING as to Dustin Ray SherwoodThis is the official notice for this hearing. Arraignment set for 8/27/2008 10:15 AM in Courtroom 6D, Kansas City (REL) before Judge Robert Larsen. Initial Appearance set for 8/27/2008 10:15 AM in Courtroom 6D, Kansas City (REL) before Judge Robert Larsen. Signed by Magistrate Judge Robert E. Larsen on 8/20/08.This is a TEXT ONLY ENTRY. No document is attached.(Myers, Dorothy) (Entered: 08/20/2008)
08/27/2008
23 NOTICE OF ATTORNEY APPEARANCE Lucinda S. Woolery appearing for USA. (Woolery, Lucinda) (Entered: 08/27/2008)
08/27/2008
24 Minute Entry for proceedings held before Magistrate Judge Robert E. Larsen: INITIAL APPEARANCE and ARRAIGNMENT as to Dustin Ray Sherwood (1) Count 1 held on 8/27/2008. Defendant entered a plea of not guilty to each count of the indictment applicable to him. Case ordered set for trial on the joint criminal jury trial docket which commences 9/29/2008. Defense shall file any pretrial motions within ten days from this date; government responses due seven days after motion filed. In lieu of a scheduling conference, counsel are to meet within two weeks and submit Proposed Stipulations and Orders to chambers for filing. If parties will not be ready for trial by the scheduled docket, a motion for continuance for a date certain should be filed as soon as possible. The Government is reminded that ECF calculates deadlines under civil rules and those deadlines do not apply to this case. Failure to file a response within 7 days of the filing of the motion, regardless of when ECF says a response is due, may result in the motion being granted as unopposed. Defendant remanded to the custody of the U.S. Marshal pursuant to a Detention Order entered on 8/4/2008. (Court Reporter FTR - J. Baldwin) (Baldwin, Joella) (Entered: 08/27/2008)
https://ecf.mowd.uscourts.gov/cgi-bin/DktRpt.pl?811801532979364-L_801_0-1
168
Page 6 of 9
CM/ECF Western District of Missouri
12/2/08 9:17 AM
08/28/2008
25 ORDER REFERRING CASE to Magistrate Judge Larsen as to Dustin Ray Sherwood. Signed by District Judge Ortrie D. Smith on 8/28/08.(Kee, Georgia) (Entered: 08/28/2008)
09/03/2008
26 ORDER as to Dustin Ray Sherwood setting pretrial conference for 3:00 p.m., 9/17/2008. Signed by Magistrate Judge Robert E. Larsen on 9/3/2008.(Marullo, Carol) (Entered: 09/03/2008)
09/08/2008
27 MOTION to revoke or Amend Detention Order by Dustin Ray Sherwood. Suggestions in opposition/response due by 9/23/2008 unless otherwise directed by the court. (Attachments: # 1 Exhibit A - Detention Order, # 2 Exhibit B - Transcript of Hearing, # 3 Exhibit C - Collins Affidavit, # 4 Exhibit D - J. Sherwood Affidavit, # 5 Exhibit E - Rahman Affidavit, # 6 Exhibit F - Support Letters, # 7 Exhibit G - ProAg Letter)(Mirakian, Stephen) (Entered: 09/08/2008)
09/08/2008
28 Consent MOTION to continue Trial Date by Dustin Ray Sherwood. Suggestions in opposition/response due by 9/23/2008 unless otherwise directed by the court. (Mirakian, Stephen) (Entered: 09/08/2008)
09/08/2008
29 WAIVER of Speedy Trial by Dustin Ray Sherwood (Attachments: # 1 Affidavit)(Mirakian, Stephen) (Entered: 09/08/2008)
09/09/2008
30 ORDER granting motion to continue 28 . The case as to defendant Dustin Ray Sherwood is continued. Accelerated Jury Trial set for 12/08/08; pretrial conference continued pending further order. Signed by Magistrate Judge Robert E. Larsen on 09/09/08. (Sourk, Rebecca) (Entered: 09/09/2008)
09/23/2008
31 SUGGESTIONS in opposition by USA as to Dustin Ray Sherwood re 27 MOTION to revoke or Amend Detention Order Reply suggestions due by 10/8/2008 unless otherwise directed by the court (Brown, Jane) (Additional attachment(s) added on 9/23/2008: # 1 Notice of Exhibit Attachment) (Kee, Georgia). (Entered: 09/23/2008)
09/23/2008
32 NOTICE of Exhibit Attachment by USA as to Dustin Ray Sherwood re 31 Suggestions in Opposition (Brown, Jane) (Entered: 09/23/2008)
09/23/2008
NOTICE OF DOCKET MODIFICATION. A modification has been made to the document filed on 9/23/08 as Document No. 32, NOTICE of Exhibit Attachment. The Notice of Exhibit Attachment which was filed as a separate document has been deleted and attached to the document to which it is an exhibit. This is a text entry only - no document is attached. (Kee, Georgia) (Entered: 09/23/2008)
09/23/2008
***Remark as to Dustin Ray Sherwood: Notice of Exhibit Attachment received in paper by Clerk's Office. (Kee, Georgia) (Entered: 09/23/2008)
09/23/2008
33 STIPULATIONS & ORDERS as to Dustin Ray Sherwood. Signed by Magistrate Judge Robert E. Larsen on 9/23/2008.(Anderson-Porter, Sue) (Entered: 09/23/2008)
09/25/2008
34 REPLY SUGGESTIONS to motion by Dustin Ray Sherwood re 27 MOTION to revoke or Amend Detention Order (Attachments: # 1 Exhibit A)(Mirakian, Stephen) (Entered: 09/25/2008)
https://ecf.mowd.uscourts.gov/cgi-bin/DktRpt.pl?811801532979364-L_801_0-1
169
Page 7 of 9
CM/ECF Western District of Missouri
12/2/08 9:17 AM
09/30/2008
35 ORDER AUTHORIZING TEMPORARY TRANSFER OF CUSTODY ON CONSENT as to Dustin Ray Sherwood. Signed by Magistrate Judge Robert E. Larsen on September 30, 2008.(Rowland, Bonnie) (Entered: 09/30/2008)
10/07/2008
36 ORDER denying 27 motion to revoke or amend Detention Order as to Dustin Ray Sherwood (1). Signed by District Judge Ortrie D. Smith on 10/07/2008. (Will-Fees, Eva) (Entered: 10/07/2008)
10/21/2008
38 Motion to allow William Bracker to appear pro hac vice (Pro Hac fee $50 receipt number 271544) by Dustin Ray Sherwood. (Rowland, Bonnie) (Entered: 10/24/2008)
10/24/2008
37 NOTICE OF ATTORNEY APPEARANCE from Bruce D. Sloan appearing for Dustin Ray Sherwood. (Rowland, Bonnie) (Entered: 10/24/2008)
10/24/2008
39 ORDER granting 38 motion to appear pro hac vice approved by Clerk of Court. Attorney William C Bracker for Dustin Ray Sherwood allowed to appear pro hac vice. This entry will serve as authorization for the pro hac participation by the attorney. as to Dustin Ray Sherwood (1) This is a TEXT ONLY ENTRY. No document is attached.(Rowland, Bonnie) (Entered: 10/24/2008)
10/27/2008
40 NOTICE of Withdrawal by Dustin Ray Sherwood (Mirakian, Stephen) (Entered: 10/27/2008)
10/28/2008
41 ORDER terminating counsel as to Dustin Ray Sherwood - Order terminating counsel; representation by attorney Marilyn B. Keller and Stephen G. Mirakian terminated. Signed by Magistrate Judge Robert E. Larsen on 10/28/08.(Sourk, Rebecca) (Entered: 10/28/2008)
10/30/2008
42 NOTICE OF ATTORNEY APPEARANCE William C Bracker appearing for Dustin Ray Sherwood (Bracker, William) (Entered: 10/30/2008)
11/07/2008
43 ORDER as to Dustin Ray Sherwood setting pretrial conference for 10:15 a.m., 11/26/2008. Signed by Magistrate Judge Robert E. Larsen on 11/7/2008.(Marullo, Carol). Copy of order mailed to Bruce Sloan, 5405 NE 160th Street, Ste. 220, Smithville, MO 64089-8162 on 11/7/2008 (Marullo, Carol). (Entered: 11/07/2008)
11/24/2008
44 NOTICE OF HEARING as to Dustin Ray SherwoodThis is the official notice for this hearing. Pretrial Conference set for 11/26/2008 10:15 AM in Courtroom 6D, Kansas City (REL) before Judge Robert Larsen. Signed by Magistrate Judge Robert E. Larsen on 11/24/08.This is a TEXT ONLY ENTRY. No document is attached.(Myers, Dorothy) (Entered: 11/24/2008)
11/26/2008
45 MOTION to continue Trial Setting by USA as to Dustin Ray Sherwood. Suggestions in opposition/response due by 12/11/2008 unless otherwise directed by the court. (Brown, Jane) (Entered: 11/26/2008)
11/26/2008
46 Minute Entry for proceedings held before Magistrate Judge Robert E. Larsen: PRETRIAL CONFERENCE as to Dustin Ray Sherwood held on 11/26/2008. Parties present in person and with counsel. Pretrial Conference held. The Government has filed a Motion to Continue this matter and advises the Court that they are planning on presenting evidence to a Grand Jury next week for a superseding indictment. Defense
https://ecf.mowd.uscourts.gov/cgi-bin/DktRpt.pl?811801532979364-L_801_0-1
170
Page 8 of 9
CM/ECF Western District of Missouri
12/2/08 9:17 AM
counsel is advised that if this happens he may have local counsel appear for him at the Initial Appearance and Arraignment and he can appear by phone. Counsel for defendant is aware of this but at this time is opposed to a continuance of this matter. Defendant remanded to the custody of the U.S. Marshal (Court Reporter Dorothy Myers.) (Myers, Dorothy) (Entered: 11/26/2008) 11/26/2008
47 PRETRIAL CONFERENCE MEMORANDUM as to Dustin Ray Sherwood. Signed by Magistrate Judge Robert E. Larsen on 11/26/08.(Sourk, Rebecca) Modified on 12/1/2008 to reflect that copy was mailed to counsel, Bruce Sloan (Rowland, Bonnie). (Entered: 11/26/2008)
12/01/2008
48 LETTER to counsel dated 11/30/08 for December 8, 2008 Joint Criminal Jury Trial Docket as to Dustin Ray Sherwood (Myers, Dorothy) (Entered: 12/01/2008)
12/01/2008
49 PROPOSED EXHIBIT LIST by USA as to Dustin Ray Sherwood (Brown, Jane) (Entered: 12/01/2008)
12/01/2008
50 PROPOSED WITNESS LIST by USA as to Dustin Ray Sherwood (Brown, Jane) (Entered: 12/01/2008)
12/01/2008
51 RULES OF TRIAL. Signed by District Judge Ortrie D. Smith on 12/01/2008.(WillFees, Eva) (Entered: 12/01/2008)
PACER Service Center Transaction Receipt 12/02/2008 09:12:30 PACER Login: la1630 Description:
Client Code:
Docket Report Search Criteria: 4:08-cr-00225-ODS
Billable Pages: 6
Cost:
https://ecf.mowd.uscourts.gov/cgi-bin/DktRpt.pl?811801532979364-L_801_0-1
171
0.48
Page 9 of 9
CM/ECF Western District of Missouri
12/2/08 9:22 AM
INDICTF
U.S. District Court United States District Court for the Western District of Missouri (Kansas City) CRIMINAL DOCKET FOR CASE #: 4:08-mj-00106-REL-1 Case title: USA v. Sherwood
Date Filed: 07/24/2008
Assigned to: Magistrate Judge Robert E. Larsen Defendant (1) Dustin Ray Sherwood
represented by FPD Federal Public Defender 818 Grand Boulevard Suite 300 Kansas City , MO 64106 (816) 471-8282 Email:
[email protected] TERMINATED: 07/29/2008 LEAD ATTORNEY ATTORNEY TO BE NOTICED Marilyn B. Keller Wyrsch, Hobbs & Mirakian, PC 1000 Walnut Ste. 1600 Kansas City , MO 64106-2122 (816) 221-0080 Fax: (816)221-3280 Email:
[email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: Retained Stephen G. Mirakian Wyrsch Hobbs Mirakian PC 1000 Walnut Suite 1600 Kansas City , MO 64106 (816)221-0080
https://ecf.mowd.uscourts.gov/cgi-bin/DktRpt.pl?882095984153513-L_801_0-1
172
Page 1 of 5
Supp. Apdx. 14
CM/ECF Western District of Missouri
12/2/08 9:22 AM
Fax: (816)221-3280 Email:
[email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: Retained William J. Raymond Federal Public Defender's Office 818 Grand Avenue Suite 300 Kansas City , MO 64106 (816) 471-8282 Email:
[email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Pending Counts
Disposition
None Highest Offense Level (Opening) None Terminated Counts
Disposition
None Highest Offense Level (Terminated) None Complaints
Disposition
did corruptly by threat and by a threatening communication endeavor to influence, obstruct and impede the due administration of justice in the case of In Re: Dustin R. Sherwood and Jennifer Sherwood, Debtors, No. 07-50584- JWV11 United States Bankruptcy Court, Western District of Missouri, in that defendant Dustin Ray Sherwood telephonically contacted Chapter 11 Trustee Janice E. Stanton and conveyed a threat intended to impede a court-ordered sale of defendants real estate set for August 5, 2008. All in violation of Title https://ecf.mowd.uscourts.gov/cgi-bin/DktRpt.pl?882095984153513-L_801_0-1
173
Page 2 of 5
CM/ECF Western District of Missouri
12/2/08 9:22 AM
18, United States Code, Section 1503 (a).
Plaintiff USA
represented by Jane Pansing Brown United States Attorney's Office 400 E 9th St Room 5510 Kansas City , MO 64106 (816)426-2605 Fax: (816)426-3126 Email:
[email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED
Date Filed
#
Docket Text
07/24/2008
1 COMPLAINT as to Dustin Ray Sherwood (1). (Attachments: # 1 Affidavit, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D) (Kee, Georgia) (Entered: 07/24/2008)
07/24/2008
2 MOTION for detention hearing by USA as to Dustin Ray Sherwood. Suggestions in opposition/response due by 8/8/2008 unless otherwise directed by the court. (Kee, Georgia) (Entered: 07/24/2008)
07/24/2008
3 MOTION to continue detention hearing by USA as to Dustin Ray Sherwood. Suggestions in opposition/response due by 8/8/2008 unless otherwise directed by the court. (Kee, Georgia) (Entered: 07/24/2008)
07/25/2008
4 ORDER by Magistrate Judge Robert E. Larsen sealing entire case as to Dustin Ray Sherwood upon oral motion by Government.This is a TEXT ONLY ENTRY. No document is attached.(Anderson-Porter, Sue) (Entered: 07/25/2008)
07/28/2008
ARREST of Dustin Ray Sherwood (Carr, Lori) (Entered: 07/28/2008)
07/28/2008
ORDER as to Dustin Ray Sherwood. A defendant having been arrested, it is ordered that this complaint be unsealed, and then processed in accordance with established procedure and law. Signed by United States Magistrate Judge Robert E Larsen. This is a docket entry only. No document is attached. (Carr, Lori) Modified on 7/29/2008 (Carr, Lori). (Entered: 07/28/2008)
07/28/2008
5 Minute Entry for proceedings held before Magistrate Judge Robert E. Larsen: INITIAL APPEARANCE as to Dustin Ray Sherwood held on 7/28/2008. The Government filed a motion for detention hearing a for continuance thereof; the Court sets a detention hearing & arraignment for Wednesday, 7/30/2008 02:30 PM in Courtroom 6D, Kansas City (REL) before Judge Robert Larsen. Defendant is remanded to custody of the U.S. Marshals pending outcome of the detention hearing. (Court Reporter FTR/L. Carr.) (Carr, Lori) (Entered: 07/29/2008)
07/28/2008
6 AFFIDAVIT of Financial Status of Dustin Ray Sherwood. This is a text entry only -
https://ecf.mowd.uscourts.gov/cgi-bin/DktRpt.pl?882095984153513-L_801_0-1
174
Page 3 of 5
CM/ECF Western District of Missouri
12/2/08 9:22 AM
the document contains original signatures of non attorneys and is being maintained in a paper file at the court. (Carr, Lori) (Entered: 07/29/2008) 07/28/2008
7 ORDER APPOINTING FEDERAL PUBLIC DEFENDER as to Dustin Ray Sherwood. Signed by Magistrate Judge Robert E. Larsen on 07/28/08.(Carr, Lori) (Entered: 07/29/2008)
07/28/2008
8 ORDER AUTHORIZING TEMPORARY TRANSFER OF CUSTODY ON CONSENT as to Dustin Ray Sherwood. Signed by Magistrate Judge Robert E. Larsen on 07/28/08.(Carr, Lori) (Entered: 07/29/2008)
07/29/2008
9 ORDER granting 2 motion for detention hearing as to Dustin Ray Sherwood (1); granting 3 motion to continue detention hearing as to Dustin Ray Sherwood (1); setting hearing for 2:30 p.m., 7/30/2008. Signed by Magistrate Judge Robert E. Larsen on 7/29/2008. (Marullo, Carol) (Entered: 07/29/2008)
07/29/2008
Detention Hearing set for 7/30/2008 02:30 PM in Courtroom 6D, Kansas City (REL) before Judge Robert Larsen.This is a TEXT ONLY ENTRY. No document is attached.(Marullo, Carol) (Entered: 07/29/2008)
07/29/2008
10 ARREST WARRANT RETURNED EXECUTED on 7/28/08 as to Dustin Ray Sherwood. This is a text entry only - the document contains original signatures of non attorneys and is being maintained in a paper file at the court.(Kee, Georgia) (Entered: 07/30/2008)
07/30/2008
11 Minute Entry for proceedings held before Magistrate Judge Robert E. Larsen: PRELIMINARY EXAMINATION as to Dustin Ray Sherwood held on 7/30/2008. Government presents evidence and calls witness(es) Arch Gothard and Janice Stanton. Probable cause established; defendant bound over to U.S. District Court for grand jury action or other proceedings. DETENTION HEARING as to Dustin Ray Sherwood held on 7/30/2008. Parties stipulate to the factual contents of the Pretrial Services Report as being the direct testimony of Pretrial Services Officer Nick Zych. Arguments presented. Defendant makes a proffer. The Court incorporates the record made at the Preliminary Exam held immediately before the Detention Hearing. The Court found defendant should be detained on issues of the safety of any other person or persons and the community. DEFENDANT ordered detained without bail pending trial. Written DETENTION ORDER to be forthcoming. Defendant remanded to the custody of US Marshal. (Court Reporter FTR/L. Carr.) (Carr, Lori) (Entered: 08/04/2008)
07/30/2008
12 GOVERNMENT'S EXHIBIT INDEX as to Dustin Ray Sherwood. (Carr, Lori) (Entered: 08/04/2008)
07/30/2008
14 DEFENDANT'S EXHIBIT INDEX - Detention Hearing as to Dustin Ray Sherwood. (Carr, Lori) (Entered: 08/05/2008)
08/04/2008
13 ORDER OF DETENTION as to Dustin Ray Sherwood. Signed by Magistrate Judge Robert E. Larsen on 8/4/2008.(Marullo, Carol) (Entered: 08/04/2008)
08/06/2008
15 ELECTRONIC TRANSCRIPT as to Dustin Ray Sherwood of Preliminary and Detention Hearing held July 30, 2008 before Judge Robert E. Larsen. Court Reporter:
https://ecf.mowd.uscourts.gov/cgi-bin/DktRpt.pl?882095984153513-L_801_0-1
175
Page 4 of 5
CM/ECF Western District of Missouri
12/2/08 9:22 AM
Lissa Whittaker/816-822-3653. NOTICE RE: REDACTION OF TRANSCRIPTS: Within 7 calendar days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the parties' intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website. Please read this policy carefully. NOTICE: Attorneys must contact the court reporter for copies during this 90 day period. Notice of Intent to File Redaction of Transcripts due by 8/15/2008. Release of Transcript Restriction set for 11/4/2008.(Whittaker, Lissa) (Entered: 08/06/2008) 08/08/2008
16 NOTICE OF ATTORNEY APPEARANCE Stephen G. Mirakian appearing for Dustin Ray Sherwood (Mirakian, Stephen) (Entered: 08/08/2008)
08/08/2008
17 MOTION for reconsideration of Detention Order by Dustin Ray Sherwood. Suggestions in opposition/response due by 8/25/2008 unless otherwise directed by the court. (Mirakian, Stephen) (Entered: 08/08/2008)
08/11/2008
18 SUGGESTIONS in opposition by USA as to Dustin Ray Sherwood re 17 MOTION for reconsideration of Detention Order Reply suggestions due by 8/26/2008 unless otherwise directed by the court (Brown, Jane) (Entered: 08/11/2008)
08/11/2008
19 ORDER denying 17 motion for reconsideration of detention order as to Dustin Ray Sherwood (1). Signed by Magistrate Judge Robert E. Larsen on 8/11/2008. (Marullo, Carol) (Entered: 08/11/2008)
08/20/2008
*** An indictment has been filed as to Dustin Ray Sherwood. ALL FUTURE FILINGS SHOULD BE MADE IN CRIMINAL CASE NUMBER 08-00225-01-CRW-ODS. THIS IS A TEXT ENTRY ONLY - NO DOCUMENT IS ATTACHED . (Carr, Lori) (Entered: 08/20/2008)
PACER Service Center Transaction Receipt 12/02/2008 09:20:44 PACER Login: la1630 Description:
Client Code:
Docket Report Search Criteria: 4:08-mj-00106-REL
Billable Pages: 3
Cost:
https://ecf.mowd.uscourts.gov/cgi-bin/DktRpt.pl?882095984153513-L_801_0-1
176
0.24
Page 5 of 5
UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI KANSAS CITY, MISSOURI
SAMUEL K. LIPARI (Assignee of Dissolved Medical Supply Chain, Inc.) Plaintiff vs. GENERAL ELECTRIC COMPANY, GENERAL ELECTRIC CAPITAL BUSINESS ASSET FUNDING CORPORATION, GE TRANSPORTATION SYSTEMS GLOBAL SIGNALING, L.L.C. JEFFREY R. IMMELT SEYFARTH SHAW LLP STEWART FOSTER HEARTLAND FINANCIAL GROUP, Inc. CHRISTOPHER M. MCDANIEL BRADLEY J. SCHLOZMAN Defendants
) ) ) ) Case No. 07-0849-CV-W-FJG ) ) ) ) ) ) ) ) Jury Requested ) ) ) ) ) ) )
COMPLAINT
Samuel K. Lipari Plaintiff 297 NE Bayview Lee's Summit, MO 64064 816-365-1306
[email protected] Pro se
177
Supp. Apdx. 15
Table of Contents I. Jurisdiction
1
II. Venue
1
III. Procedural History
1
IV. Parties
2
V. Introduction
3
VI. Statement Of Facts
9
A. Formation Of A Contract Between The Plaintiff And The Defendants To Exchange GE Transportation!s Remaining Lease And Fund The Purchase Of 1600 N.E. Coronado Building
9
1. Offer
12
2. Oral Acceptance Affirming Meeting Of The Minds
12
3. Verification, A Writing Meeting Statute Of Frauds
13
4. Conduct Consistent With Contract
13
5. Conduct Suggesting Repudiation
14
B. General Electric Defendants! Interference With Subsequent Attempts To Capitalize Petitioner!s Entry Into Hospital Supply Market
15
C. General Electric Defendants! Interference With Recovery Of Petitioner!s Capitalization For Entry Into Hospital Supply Market From US Bank Defendants
16
D. Missouri State Policy Interest In Petitioner!s Enforcement Action
17
E. The Significant National Interest
18
VII. Claims
20
A. Federal Law Based Claims
20
1. Cause Of Action For Violations Of 18 U.S.C. § 1962 et seq.
20
a. Allegations of Legitimate Association-in-Fact Enterprise
21
b. Allegations of Criminal Association-in-Fact Enterprises
22
c. Defendants! RICO Conspiracy Under 18 U.S.C. § 1962(d)
25
i
178
i. The Conspiracy Hub of Welch, Rove, Immelt, Gonzales and Bloch
25
ii. The Conspiracy Spoke of the GE Defendants
27
iii. The Conspiracy Spoke of Seyfarth Shaw, Skadden Arps and Alcoa
29
iv. The Conspiracy Spoke of Kansas State Officials
30
v. The Rim of the Defendants! Hub and Spokes Conspiracy
31
d. Defendants! F.R.Civ.P. Rule 8 predicate acts
31
i. Violations of the The Hobbs Act, 18 U.S.C. § 1951
31
Racketeering Act Number One (Attempted Extortion to Prevent the Petitioner from Bringing His Antitrust Claims)
31
Racketeering Act Number Two (Attempted Extortion of Petitioner!s Kansas Legal Representation )
32
Racketeering Act Number Three (Extortion of Petitioner!s Legal Representation in the Western District of Missouri)
34
i. Open and Notorious Denial of Due Process
35
ii. Procurement through fraud
36
iii. The Disbarment Proceeding Was For a Malicious Purpose To Usurp Federal Law
37
Racketeering Act Number Four (Extortion Against Independence Examiner Newspaper)
38
Racketeering Act Number Five (Attempted Extortion of Counsel Over Petitioner!s Contract Claims)
39
ii. Defendants! Extortion Depriving Petitioner of Missouri Counsel
42
Racketeering Act Number Six (Extortion Over Petitioner!s Replacement Counsel David Sperry)
43
Racketeering Act Number Seven (Extortion Over Petitioner!s Replacement Counsel James C. Wirken)
43
Racketeering Act Number Eight (Attempted Extortion Over Judy Jewsome For Helping Petitioner!s Witness David Price)
43
i. The defendants! retaliation against Judy Jewsome
43
Racketeering Act Number Nine (Attempted Extortion Over Associate Donna Huffman and Potential Replacement Counsel)
45
i. The defendants! retaliation against Donna Huffman
45
ii
179
e. Defendants! F.R.Civ.P. Rule 9 predicate acts
47
Racketeering Act Number Ten 47 (GE, GE Transportation and GE Capital Defendants! Fraud in Removal To Federal Court) Racketeering Act Number Eleven (June 5th Fraudulent Testimony of Defendant Bradley J. Schlozman)
50
Racketeering Act Number Twelve (Attempted Extortion Over Petitioner!s Witness Bret D. Landrith )
54
Racketeering Act Number Thirteen (Attempted Extortion Over a Potential Replacement Counsel)
56
Racketeering Act Number Fourteen (Fraudulent Misrepresentations on Form 10-K!s By Defendant Jeffrey R. Immelt)
58
B. Missouri State Law Based Claims
60
1. Cause Of Action For Breach Of Contract
60
a. Meeting of Minds
60
b. Contract Was Signed and in Writing
61
c. Mutual Consideration Through Exchange of Promises
62
d. Indications of Repudiation
63
e. Breach
63
2. Cause Of Action For Interference With Business Expectancies
63
VIII. Prayer for Relief
66
A. Expectation Damages
66
B. RICO Damages Under 18 U.S.C. § 1964
67
C. RICO Disgorgement Under 18 U.S.C. § 1964
67
D. Specific Performance
68
Request for Jury trial
68
iii
180
COMPLAINT Comes now the petitioner, Samuel K. Lipari in his role as sole assignee of all interests of the dissolved Missouri Corporation Medical Supply Chain, Inc. where he was the founder and chief executive officer and appears pro se.
I. Jurisdiction 1. This court has federal question jurisdiction under 28 U.S.C. § 1331. 2. This court has jurisdiction over 18 U.S.C. § 1962 et seq. (“RICO”) claims. 3. This court has jurisdiction over questions of Missouri common law in real estate purchase contracts raised in a timely manner by a plaintiff that has never slept on his rights in supplemental jurisdiction pursuant to 28 U.S.C. § 1367. 4. This court has jurisdiction over Missouri common law interference with contract claims.
II. Venue 5. The plaintiff makes a complaint claiming a state common law cause of action over a breached real estate contract on property located in Jackson County, Missouri. 6. The plaintiff!s complaint is against defendants that regularly do business in Jackson County, owned or controlled real property in Jackson County or resided in Jackson County, Missouri. 7. Venue is proper in this court under 28 U.S.C. § 1391(b) and (c) and 18 U.S.C. § 1965(a) and (b).
III. Procedural History 8. Plaintiff brought this claim under state law in a federal action in the US District Court for Kansas (Medical Supply Chain, Inc. v. General Electric Company, et al., case number 03-2324-CM) within a week of the June 15, 2003 breach. The trial court dismissed the plaintiff!s federal antitrustbased claims and expressly dismissed the plaintiff!s state law claims without prejudice stating
1
181
GE!s requests for sanctions was inappropriate where the plaintiff!s contract claims could have merit. 9. The Tenth Circuit upheld the trial court!s express dismissal without prejudice of the state law claims but reversed the trial court!s ruling at law on whether sanctions could be awarded against a party for some claims in a complaint that also contained non frivolous claims. 10. The GE defendants threatened to bring sanctions after remand and to take the plaintiff!s counsel!s house if all claims including the non-frivolous state claims were not dropped. 11. The plaintiff demonstrated that the sanction order was in contradiction to clearly established Tenth Circuit authority applying to General Electric!s CEO Jeffrey R. Immelt!s individual liability under antitrust law and if sanctions were issued they would be a trespass at law. 12. The plaintiff sought to have claims against the defendants added to a related antitrust action
Medical Supply Chain, Inc. v. Neoforma, et al., Case No. 05-0210-CV-W-ODS; first through combination with the remanded case against the GE defendants and then through raising new federal claims against the GE defendants on September 15th, 2005 in the related antitrust action but was unsuccessful. 13. The trial court ordered the federal claims against the Neoforma defendants dismissed and again expressly declined to exercise jurisdiction over the state claims on March 7th, 2006.
IV. PARTIES 14. Samuel K. Lipari was Chief executive officer of the Missouri Corporation Medical Supply Chain, Inc. 15. Medical Supply Chain, Inc. was dissolved by Samuel K. Lipari on January 27th, 2006. 16. Samuel K. Lipari is the sole assignee of the dissolved corporation Medical Supply Chain, Inc. under the Missouri Corporation!s chapter of the revised state statutes. 17. General Electric Company, (herein “GE”), Missouri registered agent: C T Corporation System, 314 North Broadway, St. Louis, Mo 63102.
2
182
18. General Electric Capital Business Asset Funding Corporation, (herein “GE CAPITAL”) Missouri registered agent: The Company Corporation 120 South Central Avenue Clayton, Mo 63105. 19. GE Transportation Systems Global Signaling, L.L.C. (herein “GE TRANSPORTATION”) Missouri registered agent C T Corporation System,120 South Central Avenue, Clayton Mo 63105. 20. Jeffrey R. Immelt, CEO of General Electric, formerly President of GE Medical, an independent company, in addition to founding GHX, Inc., an independent company and is a defendant actor with an independent personal stake. Jeffrey R. Immelt has communicated to the petioner that he will accept service through his counsel Jonathan I. Gleklen of Arnold & Porter, 555 12th Street, N.W. Washington, D.C. 20004. 21. Seyfarth Shaw LLP, is an Illinois limited partnership located at 131 S. Dearborn Street, Suite 2400, Chicago, Illinois 60603-5577 22. Stewart Foster is a citizen of Missouri residing at 9700 Keystone Dr. Lee!s Summit, MO 64086 23. Heartland Financial Group, Inc. (“Heartland Financial”) is a Missouri corporation located at 1600 N.E. Coronado Drive in Blue Springs, MO 64015. Registered agent: BLT SERVICES, INC.,1220 Washington, Suite 300, Kansas City MO 64105. 24. Christopher M. McDaniel, chief officer of Heartland Financial Group, Inc. is a Missouri citizen and resides at 751 NE Anderson Lane, Lee's Summit, MO 64064 25. Bradley J. Schlozman, a private Kansas citizen in his capacity as an agent of the Republican National Committee and the Kansas Republican Party and is believed to currently reside in Wichita, Kansas.
V.INTRODUCTION 26. Samuel K. Lipari!s dissolved company Medical Supply Chain, Inc. (Medical Supply) formed a written contract via email with GE and GE Transportation to buy a $10 million dollar building at 1600 N.E. Coronado Drive in Blue Springs, MO for $5 million and simultaneously to sell GE
3
183
Transportation a release from its ten-year lease for a deeply discounted value. 27. The GE entities knew Medical Supply intended to use the transaction to capitalize its entry into the hospital supply market and that it was the victim of antitrust conspirators using the USA PATRIOT ACT to prevent it from getting capital by conventional means. GE corporate “business leaders” approved the transaction obligating GE Capital!s underwriting based on Samuel K. Lipari!s business plan and Medical Supply!s ability to pay as detailed in Medical Supply!s forward looking financials. 28. The e-mail was a written contract meeting the Missouri Statute of Frauds and under Electronic Signatures in Global and National Commerce Act, 15 U.S.C. § 7001 et seq. 29. Both the GE entities and Medical Supply partially performed the terms of the contract. GE caused the breach of the contracts when GE Medical and the electronic hospital supply marketplace GHX LLC created by GE interfered to prevent Medical Supply from getting capitalization through the contract to enter the hospital supply marketplace. GHX, GE and GE Medical are openly part of an unlawful hospital supply cartel with Novation LLC that had previously prevented Medical Supply from capitalizing its entry into the hospital supply market. 30. Medical Supply was entitled to its contract expectations Albrecht v. The Herald Co., 452 F.2d 124 at 129 (8th Cir. 1971) including its business plan forward looking financials under Anuhco,
Inc. v. Westinghouse Credit Corp., 883 S.W.2d 910 (Mo App 1994) and GE Capital has specifically been subjected to business plan expectation damages for breaching finance contracts in Missouri State Court: Rasse v. GE Capital Small Business Finance Corp., 2002 MO 808 (MOCA, 2002). 31. This Western District of Missouri U.S. District court decided an electronic contract/electronic signature case under federal and state electronic contract laws and the Missouri statute of frauds as Medical Supply!s original pleadings advocated: International Casings Group, Inc., v. Premium
Standard Farms, Inc., 358 F. Supp. 2d 863; 2005 U.S. Dist. LEXIS 3145, February 9, 2005. 32. Jeffrey R. Immelt, the former president of GE medical, Inc. knew he had succeeded Jack Welch as CEO of General Electric because GE!s hospital supply business units had successfully
4
184
maintained an anticompetitive market in U.S. hospital supply purchasing permitting GE to pass on higher prices to the hospital consumers and because of this the General Electric Company was under a consent order with the U.S. Department of Justice requiring the corporation to sell a medical imaging unit and refrain from future anticompetitive conduct at the time Medical Supply Chain, Inc. brought its original breach of contract and antitrust complaint against the GE defendants including Jeffrey R. Immelt. Immelt made it an essential priority for the General Electric defendants, their agents and their hospital supply cartel co-conspirators to have the petitioner!s complaint dismissed at all costs. 33. Under Jeffrey R. Immelt!s direction and control, Immelt!s personal and corporate agents made repeated misrepresentations to state and federal judicial branch staff and attempted to influence them unlawfully, largely ex parte and unreported to the petitioner in order to have Medical Supply, the petitioner, his cause and his counsel destroyed. 34. The petitioner appealed the district court dismissal of his antitrust claims resulting from Rule 12 (b) 6 pleadings filed by John K. Power, Jonathan I. Gleklen and Ryan Z. Watts deliberately misstating the law so that the petitioner!s complaint would be erroneously thrown out for not making General Electric!s independent co-conspirator Neoforma, Inc. a defendant. The dismissal was accomplished through the hostile climate in the court created ex parte by GE!s legal representatives and Mark A. Olthoff, Steven D. Ruse, James P. O'Hara of the law firm Shughart Thomson & Kilroy, all representing Immelt!s cartel co-conspirators and the cartel feared Immelt!s deception would be discovered. 35. Jeffrey R. Immelt directed his legal team to file a counter appeal in an abuse of process to obtain sanctions against the petitioner that the trial court had denied. Through this overt action and an accompanying unlawful influence over Patrick J. Fisher, Jr., the Clerk of the Tenth Circuit U.S. Court of Appeals and law clerks for the court in a deliberate use of social networking between government officials in a pattern modeled after the Mississippi Sovereignty Commission and that eventually included the U.S. District Attorney for Kansas, Eric F. Melgran and Bradley J. Schlozman working in the U.S. Department of Justice and later installed as the US Attorney for
5
185
the Western District of Missouri. 36. The resulting appeal decision upholding the erroneous dismissal and correctly reversing the trial court on whether sanctions could have been issued went on to vilify the petitioner and his representation for naming Jeffrey R. Immelt as an antitrust defendant an in doing so the opinion contradicted clearly established Tenth Circuit precedents on identical facts along with the controlling federal case law. The following day the US Supreme Court docketed the appeal of similar and equally unusual sanctions in the antitrust action against the cartel co-conspirators by the petitioner!s attorney. 37. The two unusual opinions and the facts in the petitioner!s case Medical Supply Chain, Inc. v.
Neoforma, et al., Case No. 05-0210-CV-W-ODS in which the petitioner was again subjected to the same misconduct and worse, starting with the GE defendants! misrepresentations to Hon. Judge Ortrie D. Smith of the Western District court through John K. Power and the cartel!s common defense controlled by Immelt in order to fraudulently transfer the action to Kansas “in the interest of justice” caused the Tenth Circuit on the petitioner!s information and belief to conduct a second internal investigation among law clerks in the Denver court following an earlier investigation directed at Magistrate James P. O'Hara led the Tenth Circuit to conclude that the counter appeal had been an abuse of process. This resulted in the unusual trial court order stating the Tenth Circuit had directed Hon. Judge Carlos Murguia to order Jeffrey R. Immelt by name to personally file for the sanctions Immelt had succeeded in appealing but had not pursued in the year following remand. Immelt declined to appear or resubmit himself to the jurisdiction of the court and directed a letter be sent on his behalf by his personal counsel Jonathan I. Gleklen. 38. The petitioner!s state law based contract claims against the GE defendants had been dismissed without prejudice and the petitioner exercised his right to file them where the injury occurred in Jackson County Missouri. Jeffrey R. Immelt attempted to conceal the continuing contractual liability to the petitioner in Securities and Exchange Commission mandated filings from his board of directors to prevent GE!s role in the unlawful hospital supply cartel to be exposed.
6
186
39. The petitioner had earlier relied on the public filings of Neoforma, Inc., enraging Immelt. Jeffrey R. Immelt had through the aid of U.S. Deputy Attorney General Paul J. McNulty and the McNulty Memo authored in December 2006 to prevent the Northern District of Texas US Attorney!s office investigating Novation, LLC!s theft of member hospital funds and their money laundering through the petitioner!s electronic marketplace competitor from obtaining the corporate papers of Neoforma, Inc. without Main Justice and Karl Rove!s approval . 40. When the investment banking and merger syndicate of Merrill Lynch & Company, Inc., Fenwick & West LLP., Innisfree Limited, Lazard, McDermott Will & Emery LLP., Wachtell Lipton Rosen & Katz, Skadden Arps Slate Meagher & Flom LLP., Sidley Austin Brown & Wood LLP., and William Blair & Company formed by Novation LLC for the purpose of solving the cartel!s exposure to the petitioner through Neoforma, Inc. discovered the petitioner!s claims in November 2005 that had not been disclosed in Securities and Exchange Commission required filings and began to fear the liability of taking Neoforma, Inc. private to obstruct justice in the petitioner!s antitrust civil litigation and the government False Claims Act Medicare fraud investigation that were both seeking the records of where the Novation LLC member hospitals! laundered funds went; Jeffrey R. Immelt caused the defendant entity GE Capital to underwrite the loan giving the money to Novation LLC for merging Neoforma, Inc. with GHX, LLC the sole remaining competitor electronic marketplace for hospital supplies. 41. Jeffrey R. Immelt directed his defense to attempt to unlawfully influence the Independence, Missouri court in deliberately fraudulent filings, a fraudulent removal to federal court and by acting
ex parte to prevent the petitioner from obtaining counsel using the disbarment of the petitioner!s previous counsel, the vilifying rulings and sanctions all knowingly obtained by Immelt through unlawful influence over the court and by using the Mississippi Sovereignty Commission style networking employed by Immelt to destroy the petitioner and his associates. The fear of GE!s influence was so great and visibly no constitutional rights or laws could protect even officers of the court that the petitioner could not obtain counsel even when his contract claims survived dismissal.
7
187
42. Still Jeffrey R. Immelt feared the discovery of his role in the Novation LLC hospital supply cartel and when the petitioner attempted to receive an order compelling the GE defendants to mediation and to produce discovery, Jeffrey R. Immelt caused his defense counsel John K. Power Mo. Lic. #35312, Leonard L. Wagner MO. Lic. #39783 to repeatedly lie to the court, falsely stating that they had attempted to schedule mediation and falsely stating that the petitioner!s discovery requests were not identified as to their relativity to the petitioner!s complaint when each numbered production request was indexed to the particular paragraph of the complaint it was related to. 43. While Jeffrey R. Immelt perpetrated this misrepresentation on the court and General Electric was liable for over $60,000.00 dollars in daily interest on contract based claims he could not escape, Jeffrey R. Immelt turned to the Illinois law firm of Seyfarth Shaw LLP to take over direction of the Independence, Missouri defense through extortion of the petitioner. Seyfarth Shaw LLP obtained an order from Hon. Judge Mark Filip, of the Federal District Court in Chicago, Illinois who was nominated to replace Deputy Attorney General McNulty to force the petitioner to testify without counsel on his relationship to the financier Michael Lynch, knowingly causing the petitioner to fear for his safety and evidencing no intention to follow through on the mediation the GE defendants had promised the state court. 44. Realizing the defendants had again openly and notoriously committed fraud on the 16th Circuit, Missouri court, the day after the petitioner!s settlement offer to Jeffrey R. Immelt expired, Hon. Judge Michael W. Manners granted the petitioner leave to amend his complaint to include the following racketeering and racketeering conspiracy based claims against the defendants that occurred subsequent to previous litigation with the requisite specificity to meet the current federal RICO pleading requirements and RICO conspiracy averment requirements in light of Bell Atlantic
v. Twombly, No. 05-1126, 2007 WL1461066 (May 21, 2007) determination that Sherman Act conspiracy on which RICO is based requires more than notice pleading.
8
188
VI. STATEMENT OF FACTS 45. The plaintiff through his now dissolved corporation made a contract with the defendants to sell GE Transportation!s remaining ten year lease at a deep discount benefiting GE in exchange for GE!S funding of the plaintiff!s purchase of the building through GE!S business lending subsidiary, GE Capital.
A. FORMATION OF A CONTRACT BETWEEN THE PLAINTIFF AND THE DEFENDANTS TO EXCHANGE GE TRANSPORTATION!S REMAINING LEASE AND FUND THE PURCHASE OF 1600 N.E. CORONADO BUILDING 46. On or about June 1st, 2002, Samuel K. Lipari, in his role as CEO of Medical Supply Chain, Inc. contacted the leasing agent Cohen & Essrey Property Management (“Cohen”) regarding a building located at 1600 N.E. Coronado Drive in Blue Springs, MO. 47. Cohen indicated the building was already leased but that the lessee could and would like to sub-lease the building. 48. The building was not occupied so Samuel K. Lipari made a verbal offer to sub-lease a portion of the building. 49. Cohen declined his offer indicating the existing lessee would not accept anything less than sub-leasing the entire building. 50. On or about April 1st, 2003 Samuel K. Lipari contacted the new leasing agent, B.A. Karbank & Company (“Karbank”) in the event the new agent had different instructions regarding a sublease of the property located at 1600 N.E. Coronado Drive in Blue Springs, MO. 51. The new leasing agent Karbank told Samuel K. Lipari that GE was the lessee seeking to sublease the building due to their vacating the building after GE Transportation bought out Harmon Industries. 52. The building was still not occupied so again Samuel K. Lipari made a verbal offer to lease a portion of the building. 53. Karbank declined his offer indicating GE corporate properties would not accept anything less than leasing the entire building.
9
189
54. On or about April 7th, 2003 Samuel K. Lipari contacted GE and spoke with the GE property manager, Mr. George Frickie regarding Medical Supply!s interest in sub-leasing the building. 55. George Frickie indicated again that GE would not be interested in sub-leasing a portion of the building but rather would be interested in leasing the entire building. 56. Samuel K. Lipari requested the name of the owners and George Frickie gave him the name and number of Mr. Barry Price with Cherokee Properties L.L.C. 57. Samuel K. Lipari contacted Barry Price, and he was referred to Mr. Scott Asner who also had a substantial interest in the building. 58. While speaking with Mr. Asner he provided Samuel K. Lipari the background and current details on the building lease with GE, terms and a price to purchase the building. 59. The lease was transferable and GE was still obligated for 7-years out of a 10-year lease. 60. Mr. Asner agreed to sell Medical Supply the building for the remaining balance of the GE 7year lease ($5.4 million) and provided Samuel K. Lipari with a letter of intent to sell the building to Medical Supply. 61. On or about April 15th, 2003 Samuel K. Lipari contacted George Frickie with GE Commercial Properties and indicated that he had an interest in purchasing the building. Samuel K. Lipari asked George Frickie if GE had an interest in buying out the remainder of their lease so that Medical Supply could occupy the building following the purchase. 62. George Frickie offered GE!s lease payments for the remainder of 2003 ($350,000) as a buy out offer. 63. On or about May 1st, 2003 Samuel K. Lipari tentatively contacted several local Banks, knowing that US Bank had threatened his company with a malicious USA PATRIOT ACT report to keep Medical Supply from entering the hospital supply market where US bank was affiliated with Neoforma, an existing electronic marketplace for healthcare supplies. 64. Samuel K. Lipari knew Medical Supply could not get a loan because of the threat and extortion of the USA PATRIOT ACT, but knew he needed inputs from bankers familiar with
10
190
the commercial real estate market in Blue Springs, MO. 65. Samuel K. Lipari felt Medical Supply could form a holding company to obtain the property without US Bank realizing, and could then enter the hospital supply market. 66. Samuel K. Lipari spoke with Mr. Allen Lefko President of Grain Valley Bank, Mr. Pat Campbell branch manager of Gold!s Bank and Mr. Randy Castle Senior Vice-President of Jacomo Bank. 67. Each of the banks indicated a wiliness to provide the mortgage because they felt the property was worth far more than the price offered by Cherokee Properties L.L.C., but the mortgage was too large for the regulatory size of their bank and they each suggested a national bank as an alternative. 68. Due to US Bank!s extortion and racketeering, including the pretext and very real threat of a malicious USA PATRIOT ACT ”suspicious activity report” (SAR) against Medical Supply since Samuel K. Lipari had tried to enter the hospital supply market in October of 2002, Samuel K. Lipari knew he was unable to solicit a national bank for the real estate loan. 69. On or about May 7th, 2003 Medical Supply contracted a financial consultant (Mrs. Joan Mark) for advice on how to structure a mortgage to buy the building which has a 7- year revenue stream from GE in the amount of $5.4 Million dollars, the identical amount offered to purchase the building and for which Medical Supply had a letter of intent from the owner Cherokee Properties LLC. 70. Mrs. Mark suggested Samuel K. Lipari propose a mortgage arrangement directly to Mr. Frickie with GE Corporate. 71. Mrs. Mark explained how a purchase of the $10 Million dollar property for $5.4 Million dollars was a great deal for any mortgage lender. 72. Mrs. Mark also explained if GE provided a $5.4 Million dollar mortgage on a $10 Million dollar property and eliminated a $5.4 Million dollar lease liability that GE would directly benefit from a $15 Million dollar positive swing to their balance sheet.
11
191
1. Offer 73. On or about May 15th, 2003, Medical Supply!s corporate counsel sent a proposed transaction to George Frickie outlining the terms of Medical Supply!s proposal :
Dear Mr. Fricke: I am writing on behalf of Medical Supply Chain, Inc. with a proposal to release GE from a seven-year 5.4 million dollar obligation on 1600 N.E. Coronado Dr., Blue Springs MO. We have spoke with the City of Blue Springs economic development officer and the city attorney. Medical Supply Chain, Inc. has also obtained a letter of intent from the building!s owner, Cherokee South, L.L.C. (Barry Price/Scott Asner) to purchase the building. We offer to release GE from its lease and 5.4 million dollar obligation, providing GE pays Medical Supply Chain, Inc. at closing for the remainder of the 2003 lease and transfers title to the building!s furnishings. This offer is contingent on GE!s acceptance by 3pm (EST), Friday, May 23rd; the City of Blue Spring!s approval of Medical Supply Chain!s purchase and occupation of the building and is contingent upon GE Capital securing a twenty year mortgage on the building and the property with a first year moratorium. Medical Supply Chain, Inc. believes this arrangement will result in a net gain in revenue for GE and GE!s Capital services was our first choice for the commercial mortgage when our area bankers advised us the building and the property at 6.2 million dollars was substantially less than its market value of 7.5 million dollars, but would require a commercial lender. Medical Supply Chain, Inc. has no existing debt and a valuation of thirty two million dollars. See attachment 1. GE Capital or its underwriter would need to provide Medical Supply Chain, Inc. a twenty-year Mortgage at 5.4% on the full purchase price of 6.4 million dollars, with a moratorium on the first full year of mortgage payments. The City of Blue Springs would be paid the balance of lease payments for the land ($800,000.00) or in the alternative, the mortgage will include an escrow account to complete the lease and purchase of the land on its original terms. GE Capital can provide or designate the closing agent and would be required to provide 5.4 million dollars to Cherokee South, L.L.C. and your division!s check for the remainder of the lease payable to Medical Supply Chain, Inc. along with a bill of sale for the buildings furniture and equipment. This closing would need to be completed by June 15th, 2003. Please contact us at your receipt of this offer and provide us a contact person for GE Capital or its mortgage agent. Bret D. Landrith
2. Oral Acceptance Affirming Meeting of the Minds 74. The afternoon of May 15th, 2003 George Frickie responded, leaving a taped voicemail message and stating he had spoke with the “business leaders” at GE corporate and that they will accept Medical Supply!s proposal: “Bret, George Frickie, ah.... I know I sent you an email saying that my counsel is out ah...and I followed up with another email but I spoke to the business leaders and we will accept that transaction ah... let!s start the paper work ah... if you want to do some drafting
12
192
of lease termination or if you would like us to do that, give me a holler 203-431-4452.” May 15th 2003 taped voice mail message recorded by George Frickie.
3. Verification, A Writing Meeting Statute of Frauds 75. The second e-mail George Frickie referenced on the phone conversation explicitly stated that GE would accept Medical Supply!s proposal and initialed the written acceptance in addition to the electronic signature file for the e-mail:
“From: Fricke, George (CORP) To: Bret Landrith cc: Newell, Andrew (TRANS) ; Payne, Robert J (TRANS) ; Davis, Tom L (TRANS) ; Jakaitis, Gary (CORP) Sent: Thursday, May 15, 2003 6:05 PM Subject: RE: Lease buyout GE/Harmon building Bret, I would like to confirm our telephone conversation in that GE will accept your proposal to terminate the existing Lease. Robert Payne GE Counsel will start working on the document. He is out of the office until Monday the 19th. GCF”
4. Conduct Consistent With Contract 76. On or about May 20th, 2003, Medical Supply was given a walk through of the property to inventory the buildings furniture and fixtures and discuss building maintenance and operational procedures. 77. Mr. Tom Davis, the property manager for GE Transportation in Blue Springs and Mr. John Phillips, the GE Transportation building maintenance engineer provided a three-hour walk through in addition to the building maintenance and operational procedures. 78. Mr. Phillips also provided the construction blueprints of the building and allowed Samuel K. Lipari to make copies. 79. Samuel K. Lipari returned the blueprints after copies were made. 80. Mr. Davis and Mr. Phillips both stated they were being dismissed from employment with GE since they would no longer be needed. 81. On May 22nd, 2003 Samuel K. Lipari spoke to Mr. Doug McKay with GE Capital who had called earlier that week with regard to the mortgage outlined in Medical Supply!s proposal.
13
193
82. Mr. McKay asked that Samuel K. Lipari send his company information regarding the mortgage. 83. Samuel K. Lipari indicated that he could meet him the following Tuesday because Medical Supply had a loan package for him that included its financials, the proposal that George Frickie and GE!s business leaders accepted, the letter of intent from the owners Cherokee Properties LLC and Medical Supply!s Dunn & Bradstreet report showing Medical Supply!s good credit rating and strong financial condition. 84. Samuel K. Lipari gave the information to Mr. McKay and Mr. McKay indicated he needed to speak with GE Transportation to see how they wanted to handle the terms of the accepted proposal.
5. Conduct Suggesting Repudiation 85. On or about June 2nd, 2003 Samuel K. Lipari called Mr. McKay to see how they were doing on closing and Mr. McKay indicated that the person he needed to speak with was at corporate and that he needed to speak with him before moving forward. 86. As the June 15th, 2003 closing date approached, Medical Supply had not received any definitive closing date so Medical Supply!s corporate counsel called and sent George Frickie an email stating that a delay in closing would not effect the lease buyout of $350,000. 87. Medical Supply!s counsel later again called George Frickie when he received no response and George Frickie became extremely angry and hung up the phone. 88. Medical Supply then proceeded to speak with GE!s counsel Mrs. Kate O!Leary to determine if the contract had been repudiated. 89. Supporting statutes and the antitrust basis including damage implications were explained to Kate O!Leary. 90. Medical Supply gave GE a deadline of June 10th, 2003 to clarify whether there had been contract repudiation. Kate O!Leary later faxed a letter on June 10th, requesting that Medical Supply not speak to anyone at GE or its affiliates and that any correspondence relating to this
14
194
matter be directed to her. 91. Medical Supply then emailed a letter stating that if no earnest money were deposited to indicate the contract was not being repudiated, Medical Supply would file its claims on June 16th, 2003 for antitrust and breach of contract. 92. GE repudiated its contract, sacrificing $15 million dollars on June 15th, 2003 to keep Medical Supply from being able to compete against GHX, L.L.C. and Neoforma in the market for hospital supplies. 93. Samuel K. Lipari filed a lis pendens in the Jackson County Register of Deeds office based on his state law claims in the US District Court. 94. The defendant Carpet n! More Inc. Stewart Foster placed the building up for sale with actual or imputed knowledge of Medical Supply!s claims. 95. The defendants have occupied the building at 1600 NE Coronado preventing plaintiff from receiving the value of his bargain and with actual or imputed knowledge of Medical Supply!s claims. 96. In March 2006 GE CAPITAL funded the purchase of Neoforma, an electronic marketplace competitor of Medical Supply Chain, Inc. 97. Neoforma has never been profitable: “Neoforma!s balance sheet shows a cumulative loss of nearly $739 million dollars as of Sept. 30, 2004.” Healthcare Purchasing News March 2005. 98. “In 2005, in accordance with GAAP, Neoforma's net loss and net loss per share were $35.9 million dollars and $1.81 per share respectively, an improvement from the $61.2 million dollar net loss and $3.17 net loss per share recorded in the prior year.” Neoforma, Inc. press release San Jose, CA, USA 02/26/2003.
B. GENERAL ELECTRIC DEFENDANTS! INTERFERENCE WITH SUBSEQUENT ATTEMPTS TO CAPITALIZE PETITIONER!S ENTRY INTO HOSPITAL SUPPLY MARKET 99. The petitioner attempting to obtain capital inputs a third time to enter the hospital supply market through a Chicago Illinois financier named Michael W. Lynch was stopped again by the
15
195
GE defendants. Hon. Judge Eugene R. Wedoff, the Chief Bankruptcy Judge of the Northern District of Illinois has revealed to the Federal Bureau of Investigation the defendants! widespread use of offshore funds in the continuation of a “Greylord” racketeering enterprise effecting the outcomes of federal court cases in several states where General Electric!s interest in a cartel member!s monopoly market share is at stake. The evidence shows GE Capital, a defendant in this case and its financial client Alcoa furthered General Electric!s interests by influencing the outcome of any action threatening General Electric!s monopolies or actions to retaliate against witnesses who threatened General Electric!s monopolies. 100. Michael W. Lynch provided evidence to Western District US Attorney Bradley J. Schlozman discovered in April 2006 that a $39,000,000.00 bribery fund was being used to secure outcomes in court cases including the shift of unfunded pension obligations of McCook Metals, Inc. to the Pension Benefit Guaranty Board (PBGC) at the expense of US taxpayers despite the obligation of Alcoa Aluminum financed by General Electric, pursuant to Alcoa!s acquisition of Reynolds Metals, under ERISA law. 101. On July 1st, 2007 Hon. Judge Eugene R. Wedoff stepped down as Chief Bankruptcy Judge of the Northern District of Illinois. As a result of federal government investigations of illegal conduct that the petitioner believes was a protection selling racketeering scheme, Bradley J. Schlozman has resigned his current position at main justice, Deputy Attorney General Paul McNulty who authored the memo used by the GE CEO Jeffrey R. Immelt and the General Electric defendants to conceal the financial records of Neoforma and defeat the Sarbanes - Oxley Act of 2002 as described in the petitioner!s underlying complaint has also resigned.
C. GENERAL ELECTRIC DEFENDANTS! INTERFERENCE WITH RECOVERY OF PETITIONER!S CAPITALIZATION FOR ENTRY INTO HOSPITAL SUPPLY MARKET FROM US BANK DEFENDANTS 102. The GE defendants Jeffrey R. Immelt, GE Capital and GE Transportation coordinated their defense of Medical Supply!s action with the US Bank defendants US Bancorp and US Bank along with Jerry A. Grundhoffer, Andrew Cesere, Piper Jaffray Companies and Andrew S. Duff to defeat
16
196
the petitioner!s claims for injunctive and declaratory relief resulting from his first attempt to enter the market for hospital supplies. 103. On January 29, 2004, March 4, 2004, April 2, 2004 US Bancorp!s counsel, Nicholas A.J. Vlietstra and Piper Jaffray!s counsel Reed coordinated their appeal (10th C.C.A. 03-3342) with the GE defense. The GE defendants included the action against the US BANCORP defendants and Unknown Healthcare Provider as a related appellate case in (10th C.C.A. 04-3075) and used the US BANCORP order as a basis for a cross appeal (10th C.C.A. 04-3102) challenging the failure of the trial court to grant sanctions against Medical Supply. The GE Defendants decided to rely on the continuing efforts to illegally influence the Kansas District Court and Tenth Circuit Court of Appeals to uphold the trial court!s erroneous ruling. The cartel also renewed their efforts to have Medical Supply!s sole counsel disbarred, knowing that an extensive search for counsel by Medical Supply had resulted in 100% of the contacted firms being conflicted out and actually effected a frenzy of disbarment attempts against Medical Supply!s counsel in the period from December 14, 2004 to February 3rd, 2005, originating from US Bancorp and US Bank!s agent Shughart Thomson and Kilroy!s past and current share holders. 104. The former eighteen year Shughart Thomson & Kilroy shareholder acting as magistrate on the GE case denied Medical Supply discovery and the court did not even permit discovery when the dismissal attachments necessitated conversion of the GE motion to one for summary judgment.
D. MISSOURI STATE POLICY INTEREST IN PETITIONER!S ENFORCEMENT ACTION 105. As a result of the relator!s failure to advance his antitrust and state law based contract claims in federal court due to the misconduct of the defendants, the first 65,000 Missouri residents were cut off of Medicaid benefits on July 1, 2005. A July 2nd, 2005 Los Angeles Times article stated 1/3 of the Missourians losing insurance coverage are children: “An estimated 24,000 children are expected to lose their benefits, dental coverage is being cut for adults, and disabled people are losing coverage for crutches and other aids.” See Missouri!s Sharp Cuts to Medicaid
17
197
Called Severe-More than 68,000, a third of them children, may lose benefits in the move to avoid tax hikes. LA Times, July 1, 2005. 106. On June 29, 2005, David Moskowitz MD, was invited to testify before the Missouri Medicaid Reform Commission and in his released pretestimony stated for the 65,000 patients losing coverage; “Since oxygen tanks are among the items no longer covered, many patients will soon die”[emphasis added]. Of course patients are the consumers in the market for hospital supplies that is the primary relevant market the petitioner is attempting to enter. Doctor Moskowitz also stated; "The Missouri Legislature is wrestling with the most critical domestic issue of our time. It is literally a life and death issue for tens of millions of Americans.
E. THE SIGNIFICANT NATIONAL INTEREST 107. The suppression of economic competition in hospital supplies has led to unsustainable increases in healthcare costs. The actions of the GE defendants to deprive critical inputs required by new entrants to the market, including breaking their contracts with the petitioner demand investigative scrutiny. Especially where this misconduct is part of an agreement with other hospital supply distributors to control access to the hospital supply market conditioned on participating in a scheme to artificially inflate the costs of hospital supplies. 108. On April 9, 2007, the petitioner publicly disclosed his independent discovery revealing the US Attorneys targeted by the deputy chief of staff to the Bush administration, Karl Rove and Attorney General Alberto Gonzales that resulted in Todd Graves being replaced by Bradley J. Schlozman a year earlier. John Wood was finally sworn in as the US Attorney for the Western District of Missouri on April 11, 2007. The petitioner became concerned because Todd Graves like other US Attorneys targeted had been active in prosecuting Medicare fraud: “...documents were obtained during Medical Supply Chain's discovery related to the civil antitrust action Medical Supply Chain, Inc. v. Novation LLC, et al, Western District of Missouri case #05-210-CV-W-ODS filed on March 9, 2005. The e-mail dated January 9th, 2006 from Kyle Sampson, chief of staff for Attorney General Alberto Gonzales, to Harriet Miers and William Kelley at the White House, shows the ten U.S. Attorneys that were first selected to voluntarily resign or face termination. Attorneys that resigned were redacted. Todd P. Graves of Missouri resigned March 24, 2006.”
18
198
Former MO US Attorney Todd Graves the Ninth Attorney Targeted by Alberto Gonzales; Kansas City, MO - April 9, 2007. The McNulty papers and the Washington Post printed this story on May 9th and 10th, 2007. 109. The Western District of Missouri US Attorney office under Todd P. Graves had been active in prosecuting Medicare fraud. Medical Supply Chain, Inc.'s civil antitrust suit against Texas based Novation LLC, Volunteer Hospital Association (VHA), University Health System Consortium (UHC) and Neoforma, Inc. alleges the companies formed a cartel and were involved in a scheme to monopolize hospital supplies with General Electric and Jeffrey R. Immelt!s former corporation GE Medical and Jeffrey R. Immelt!s GHX, LLC to defraud Medicare through payments to administrators and kickbacks. The scheme resulted in almost all of Kansas City, Missouri St. Luke hospital's one hundred million dollar supply budget being purchased through Novation LLC. St. Luke's merged with University of Kansas School of Medicine after Irene Cumming, CEO of the University of Kansas Hospital was given a job by University Health System Consortium (UHC) on March 19, 2007. 110. The first prosecutor identified as being fired by the Office of the Attorney General was Carol Lam, a U.S. Attorney in San Diego, California. Carol Lam was personally prosecuting Medicare fraud at the Tenet Healthcare Alvarado hospital when pressure was brought on the Justice Department from Karl Rove to remove her from office. Carol Lam's prosecution caused the U.S. Department of Health and Human Services threatened to cut Medicare and Medicaid funds to Alvarado Hospital Case # 03CR15870 US Dist. Court Southern California. 111. On May 17, 2006, Alvarado Hospital's parent company, Tenet Healthcare, agreed to sell or close the hospital and pay $21 million to settle criminal and civil charges. 112. The United States Attorney for the District of Kansas Eric F. Melgren was on the purge list in January 2006 but was removed from the targeting list by demonstrating his loyalty to Karl Rove and Attorney General Alberto Gonzales and did not intervene in the False Claims Act case
19
199
against Blue Cross Blue Shield of Kansas for fraud in processing Medicare claims for Missouri, Kansas and Nebraska. This caused Blue Cross to mistakenly believe it could continue to destroy and delay valid claims while giving preferential treatment to some providers to advance the anticompetitive interests over the healthcare marketplace of the states effected. This resulted in Blue Cross management losing the contract and 350 living wage jobs in Topeka, Kansas. 113. The government criminal investigations also include an investigation of the former deputy chief of staff to the Bush administration, Karl Rove. Rove acting now as a private citizen agent of the Republican National Committee has so far prevented production of US Justice Department and White House documents sought by The US House of Representatives! Judiciary Committee related to the removal of US Attorneys that was used to intimidate and prevent Assistant US Attorneys from prosecuting the Novation and General Electric defendants for the conduct that was keeping the petitioner from entering the market for hospital supplies.
VII. CLAIMS
A. Federal Law Based Claims 1134. The petitioner brings the following federal law based causes of action against the defendants: 1. CAUSE OF ACTION FOR VIOLATIONS OF 18 U.S.C. § 1962 et seq. 115. The petitioner hereby includes and reasserts all factual averments from the four corners of the complaint and also avers the following for this claim: 116. The petitioner hereby alleges that :(1) the defendants (2) through the commission of two or more acts (3) constituting a `pattern' (4) of `racketeering activity' (5) directly or indirectly invested in, maintains an interest in, and or participate in (6) an `enterprise' (7) the activities of which affect interstate commerce in hospital supplies. 117. The petitioner could not have reasonably discovered his injuries, or that his injuries were wrongfully caused, until January 21st, 2005, when Shughart Thomson & Kilroy!s former managing
20
200
partner Magistrate James O!Hara testified under oath in the Kansas Attorney Disciplinary Prosecution of the petitioner!s former counsel.
a. Allegations of Legitimate Association-in-Fact Enterprise 118. The defendants are a legitimate association in fact enterprise with the common purpose among the alleged associates of furthering the interests of General Electric Company (GE) investments in marketplace actors enjoying anticompetitive advantages, including those in the hospital supply and aluminum markets. 119. The defendants GE Capital and GE Transportation are subsidiaries of General Electric and controlled by the defendant Jeffrey R. Immelt. 120. The defendant GE strongly supports and is closely connected to the Republican National Committee. The former CEO and current director of GE, Jack Welch Shortly after George W. Bush declared his candidacy for president in June of 1999, General Electric Chairman and Chief Executive Officer Jack Welch was contacted by Bush political advisor Karl Rove. Rove forcefully argued that General Electric had a compelling financial interest to see Bush become president. 121. Welch told several people at GE that the conversation with Rove convinced him that a Bush presidency would ultimately result in billions of dollars of additional profits for General Electric. Welch believed that it was his responsibility to operate in the best interest of GE shareholders, and that now meant using the full power of the world!s biggest corporation to get Bush into the White House. 122. The defendant Jeffrey R. Immelt has disproportionately contributed to Republican National Committee backed candidates and conservative Republican National Committee affiliated public interest groups devoted to preventing marketplace regulations from being enforced and to consolidating RNC control of elected offices during the current presidential administration. 123. The defendant Seyfarth Shaw LLP is a law firm that represents the defendants GE and GE Caital in maintaining anticompetitive advantages for GE, GE Capital and GE Capital!s funding recipient Alcoa.
21
201
124. The defendant Bradley J. Schlozman is an agent of the Republican National Committee with Karl Rove and used his contacts with Scott J. Bloch, Special Counsel ( and former Kansas Disciplinary Administrator representative) at the U.S. Office of Special Counsel and the Kansas Republican Party to keep track of problems for GE. 125. The defendants Carpets n! More Inc. and Stewart Foster knew of GE!s liability to the petitioner and worked to help sell the building on Coronado street in Blue Springs to relieve GE Transportation of the $60,000.0 a month it was losing. 126. The defendant Christopher M. McDaniel is the chief officer of Heartland Financial Group, Inc. and knew of the lis pendens against the building but decided to participate in transferring the building to Heartland, utilizing financing provided by GE!s co-conspirator in keeping the petitioner out of the hospital supply market, US Bank. 127. The defendant Heartland Financial Group, Inc. occupies the building sought by the petitioner and uses the premises to market GE Capital financial products.
b. Allegations of Criminal Association-in-Fact Enterprises 128. The defendants are members of an association in fact enterprise and with the exception of the GE defendant subsidiaries are free to act independently and advance their own interests even if they are contrary to those of the other entities. 129. The defendants voluntarily associated with each other to become an association in fact enterprise for the common purpose of guaranteeing GE!s economic advantage. 130. The defendants Seyfarth Shaw LLP and Bradley J. Schlozman each took part in directing the enterprise!s unlawful conduct against the petitioner, his family members, his business associates and his now dissolved corporation. 131. The defendants Seyfarth Shaw LLP and Bradley J. Schlozman each took part in directing the enterprise!s unlawful conduct against the petitioner and his former counsel Bret D. Landrith to have the petitioner!s claims discredited through ex-parte communications with federal and state judicial officials.
22
202
132. The defendant Bradley J. Schlozman took part in directing the enterprise!s unlawful conduct against the petitioner and his former counsel Bret D. Landrith by having the Federal Bureau of Investigation and other federal and state law enforcement agencies conduct warrantless electronic and physical surveillance of the petitioner and his former counsel, solely for the purpose of protecting General Electric!s participation in the Novation LLP scheme to artificially inflate hospital supplies and to overcharge Medicare and Medicaid government insurance funds. 133. The defendant Bradley J. Schlozman!s conduct was overtly contrary to the policy of the US Department of Justice and Bradley J. Schlozman lied under oath to conceal his conduct on behalf of the Republican National Committee and General Electric from the federal government!s US Senate oversight committee and earlier from the Eight Circuit US Court of Appeals. 134. The defendant Jeffrey R. Immelt through his attorneys Jonathan L. Glecken and Ryan Z. Watts of Arnold & Porter LLP caused the petitioner!s former counsel Bret D. Landrith to be threatened with the loss of his home if he did not withdraw Medical Supply!s Missouri state law contract claims. 135. The defendants Carpets n! More Inc. and Stewart Foster knew of GE!s liability and worked with the GE defendants in offering substantial incentives including a flight on GE!s corporate jet to a potential buyer that would overlook the lis pendens and the just claims of the petitioner. 136. The defendants Carpets n! More Inc. and Stewart Foster knew of GE!s liability and worked with Jeffrey R. Immelt, GE and GE Transportation by evading the petitioner!s service of process and not being available as a party to this action in order to obstruct justice and prevent their testimony from injuring the GE defendants. 137. The defendant Christopher M. McDaniel as chief officer of Heartland Financial Group, Inc. knew of the lis pendens against the building and the lawful claims of the petitioner but 1) worked with the enterprise by accepting a special secret discounted purchase price and terms from General Electric, 2) caused the petitioner to be injured in his business by losing his mail and phone services at Executive Office Suites to obstruct the petitioner!s ability to litigate against GE, 3) conspired with some Blue Springs City officials and the GE defendants to obstruct justice in the
23
203
petitioner!s litigation by altering evidence on whether the petitioner would have been approved for occupancy. 138. The defendant Heartland Financial Group, Inc. occupies the building sought by the petitioner with the knowledge of the lawful claim of the petitioner and to conceal the fraudulent transfer of the Coronado Street building from GE transportation. 139. The GE defendants and Jeffery Immelt have an over arching common purpose in protecting the hospital supply distribution chain with Novation LLC that artificially inflates healthcare costs to overcharge Medicare and Medicaid. 140. The defendant Seyfarth, Shaw LLP has an interest in protecting its clients! artificial inflation of healthcare costs along with GE!s investment in Alcoa Aluminum which is also dependant on overcharging the federal government for key military purchases of aluminum specialty parts. 141. When the petitioner was getting help obtaining financing through Michael W. Lynch!s connections and had a third chance to enter the hospital supply market, GE had to obstruct the petitioner through the defendant Seyfarth, Shaw LLP!s increased attacks on Lynch!s family and associates. 142. The defendant Bradley J. Schlozman had an interest in furthering the Republican National Committee!s protection of General Electric and Novation LLC, the client of Alberto Gonzales!s former law firm and the main instrumentality of looting the Medicare/Medicaid system. 143. When the petitioner sought to enforce the Independence, Missouri orders for mediation and discovery, Jeffrey R. Immelt turned over control and direction of the GE defendants! defense to Seyfarth Shaw LLP which secured a Northern District of Illinois U.S. District Court order from Hon. Judge Mark Filip in Rep MCR Reality, LLC. v. Michel W. Lynch, N. Dist of Illinois Case no. 02 C 0399 requiring the petitioner to travel to Chicago, knowing that the petitioner had feared for his life when the Kansas Attorney Disciplinary representative Gene Schorer had tried to induce him to travel to Chicago. 144. Seyfarth Shaw LLP caused the GE defendants! local counsel Husch & Eppenberger, LLC to make repeated false representations to the 16th Circuit Missouri court. Seyfarth Shaw LLP then
24
204
contacted the petitioner through its agent Jason A. Burlingame of Perkins Coie LLP, knowing the GE defendants had deprived the petitioner of counsel through extortion and made false statements tape recorded by the petitioner misrepresenting that Michael Lynch had filed with the Northern District of Illinois Court an affidavit naming the petitioner as a recipient of Lynch!s financial assets. 145. The defendants! conduct and scheme amounts to, or poses a threat of, continuing criminal activity.
c. Defendants! RICO Conspiracy Under 18 U.S.C. § 1962(d). 146.The defendants acted in consort as the averments against specific named defendants below describe to participate in a conspiracy to conduct RICO predicate acts18 U.S.C. § 1962(d). 147.The defendants knowingly entered into an agreement to commit two or more predicate crimes. 148. In the alternative, some of the defendants joined knowingly in the scheme and were involved directly or indirectly, in the commission of at least two predicate offenses.
i. The Conspiracy Hub of Welch, Rove, Gonzales, McNulty, Immelt and Bloch 149. The conspirators Jack Welch and Karl Rove knew that control of the government!s law enforcement apparatus was a key requirement for the conspiracy to confer the lasting benefit of monopoly markets and to prevent interdiction of federal funds being received by the coconspirators in false claims against Medicare, Medicaid, the Department of Defense and the Pension Benefit Guarantee Trust. 150. Karl Rove realized the opportunity to maintain the interests of the conspirators through selling the protection from law enforcement through his enterprise associates in the Republican National Committee(RNC). The RNC also provided the infrastructure for communicating the instructions of the conspirators through an email system they believed was not subject to Congressional subpoenas.
25
205
151. Karl Rove utilized Alberto Gonzales take over of the US Department of Justice to reign in the independence of the US Attorneys around the nation to strengthen the protection racket of the conspiracy hub and to further protect Welch and Immelt!s control of hospital supply distribution through the Novation LLC cartel. 152. Karl Rove with Alberto Gonzales also caused enemies of the conspiracy to be targeted by unlawful wiretapping and electronic surveillance for the purpose of more effectively obstructing justice where it could not be controlled by a US Attorney or the F.B.I. 153. Karl Rove was caught by surprise when the Assistant US Attorney that headed the criminal division for the Northern District of Texas signed criminal subpoenas against the Novation LLC cartel members in an investigation triggered by a whistleblower False Claims Act filing against Novation LLC. 154. Karl Rove and Jeffrey R. Immelt therefore relied on then U.S. Deputy Attorney General Paul J. McNulty to change the rules for investigating publicly traded corporations in the McNulty Memo authored in December 2006 to prevent the Northern District of Texas US Attorney!s office from requesting records of member hospital funds being laundered by Novation LLC through the petitioner!s competitor Neoforma, Inc. 155. When Karl Rove!s role in politically influencing the operations of the US Department of Justice started coming to light as a result of the “Ninth US Attorney” press release created by the petitioner in the first part of April, 2007, the conspiracy hub of Rove, Immelt, Welch, and McNulty turned to Scott J. Bloch, head of the Office of Special Counsel ( and former Kansas Disciplinary Administrator representative) to run protection for Karl Rove. 156. Scott J. Bloch was supposed to be investigating Karl Rove, warrantless surveillance and the Hatch Act employment violations of the defendant Bradley J. Schlozman ( also from Kansas) and Schlozman!s conduct in Missouri to protect the GE defendants from the petitoner but identified more strongly with his role in the RICO enterprise than his government job as Special Counsel.
26
206
157. Scott J. Bloch!s real direction and actions were not from the mandate of his government office but instead communicated to him through the RNC email system from his RICO enterprise associates in the conspiracy hub. 158. An investigation of Scott J. Bloch however, by the federal Office of Personnel Management's inspector general looking into claims that Mr. Bloch improperly retaliated against employees and dismissed whistleblower cases without adequate examination, threatened to expose the conspiracy hub!s use of RNC email to control the US Department of Justice. 159. To protect the conspiracy, Scott J. Bloch destroyed evidence including the RNC email on Dec. 18 and Dec. 21, 2006 by having his drive and two others used by departed aides subjected to a level seven wipe. The wipe eliminates the possibility of the hard drives being forensically reconstructed.
ii. The Conspiracy Spoke of the GE Defendants 160. GE Transportation, General Electric and GE Capital discovered that the contract created with the petitioner provided for a web based hospital supply distributor to proceed to compete with the controlled distribution chain created by GE!s CEO Jeffrey R. Immelt when he was president of GE Medical. At the instruction of Jack Welch, Immelt had developed a strategy to keep a web based supplier out of the market for hospital supplies and Immelt had also developed GHX, LLC to be a web based supplier that would protect GE!s artificial inflation of hospital supply costs with the other cartel members. 161. GE Transportation, General Electric and GE Capital then proceeded to break their contract with the petitioner and to participate in unlawful conduct to keep the petitioner from obtaining redress from the GE defendants and from recovery on the petitioner!s contract with US Bancorp. 162. GE Transportation, General Electric and GE Capital obtained the services of Stewart Foster with knowledge of the petitioner!s lis pendens filing against the property to sell the property at a deep discount and on favorable terms to another buyer. GE even would provide the buyer with a business jet flight to speed up selling the property and depriving the petitioner of the chance to
27
207
lease or otherwise occupy the building to launch Medical Supply Chain!s entry into the hospital supply market. 163. The buyer Christopher M. McDaniel and Heartland Financial Group, Inc. took the property with knowledge of the petitioner!s claims against it and conspired with GE Transportation, General Electric and GE Capital to commit fraud on the court with City of Blue Springs, Missouri officials under a mistaken legal theory that the petitioner still needed to obtain the city!s approval (a term the petitioner had included in the contract without assigning himself a duty to secure the permission and could waive) and under a mistake over the clearly established contract principle that once GE started repudiating the contract, the petitioner was relieved of further duties. 164. The plan was to find out who had approved Medical Supply for occupancy of the building, then rely on statutory law to show the only entity with the capacity to grant the approval was the city council. 165. The third mistake in this fraud scheme was failure to read the petitioner!s complaint which describes conversations with Blue Springs! city attorney and economic development officer on whether a corporate headquarters with above living wage jobs was a suitable use of the building. 166. The complaint which withstood dismissal on this point of law in the Missouri 16th Circuit averred that the petitioner did not proceed farther in the face of communications of repudiation from the GE defendants. 167. Christopher M. McDaniel described the contacts with the city officials made by him and GE!s agent attorneys to the petitioner where he and GE!s attorney misrepresented to the Blue Springs officials that the petitioner did not have “any money” when the petitioner had the property rights including the $350,000.00 in cash for the lease buyout as a benefit from his bargain with GE. The following day, the petitioner filed his corrected amended complaint in state court changing the Heartland entity to the correct corporation and identifying this plan to commit fraud at the jury trial.
28
208
iii. The Conspiracy Spoke of Seyfarth Shaw, Skadden Arps and Alcoa 168. Seyfarth Shaw LLP, Skadden Arps Slate Meagher & Flom LLP are both involved in representing General Electric!s financial interests. Seyfarth Shaw LLP represented Michael Lynch and his company McCook Metals because Michael Lynch!s corporation was a recipient of loans from GE Capital and Michael Lynch had even won an award presented personally by Jack Welch at a dinner in Lynch!s honor. 169. Skadden Arps Slate Meagher & Flom LLP participates with Jeffry Immelt in the creation of mergers, acquisitions and divestitures of involving GE business units. Hon. Judge Mark Filip who has been nominated to replace McNulty as Deputy US Attorney General formerly worked for Skadden Arps. 170. GE Capital also financed Alcoa, a competing aluminum supplier to McCook Metals. Alcoa officials resented Lynch!s European Competition Authority testimony on the antitrust implications of an Alcoa merger. Through ex parte conduct in the Northern District of Illinois, Alcoa succeeded in forcing McCook Metals into bankruptcy, seizing McCook!s industrial tooling and intellectual property. 171. When the GE defendants discovered the petitioner was making a third attempt to enter the market for hospital supplies controlled by the GE hospital supply cartel with financing arranged by Michael Lynch, the defendant Seyfarth Shaw LLP stepped up the retaliation against Michael Lynch, targeting his son, his wife and brother. 172. This retaliation which caused Lynch to fear for the physical safety of his wife and child disrupted Michael Lynch!s ability to connect the petitioner with an inactive publicly traded corporation that could be redirected into an instrument to capitalize the petitioner!s Medical Supply Chain corporation. 173. Working with the petitioner in investigating why the GE defendants, Alcoa and Seyfarth Shaw had begun to target Lynch again, his family and their property, Michael Lynch discovered how the retaliation was accomplished through unlawful means and how cases like In re UAL
29
209
Corp., No. 02-48191 (Bankr. N.D. Ill.) which led to the largest pension failure in history at the time. Lynch filed the evidence with the US Attorney for the Western District of Missouri and filed a False Claims Act complaint under seal in the Missouri District court.
iv. The Conspiracy Spoke of Kansas State Officials 174. Kansas state officials overlooked the misconduct of the Kansas Attorney Discipline Office officials and their agents including Stanton Hazlett, Gene E. Schroer, John J. Ambrosio, Isaac L. Diel, Rex A. Sharp and Gayle B. Larkin and the misconduct of Kansas Highway Patrol officers in targeting the petitioner!s trucks for the purpose of depriving the petitioner of the means to seek redress because of the belief that Kansas would benefit from $2 Billion dollars a year in health science research grants the Novation LLC hospital St. Luke!s at 4401 Wornall in Kansas City, Missouri would start receiving in a cancer research program headed currently by Thomas Jeffery Wieman, M.D. that would include the University of Kansas Medical School which the Novation LLC hospital St. Luke!s needed to give the appearance it could qualify as a major research center. 175. The defendants through Karl Rove at the hub of the conspiracy who made repeated visits to Kansas City, Missouri were assured that the Kansas state spoke and the hospital supply cartel spokes of the conspiracy benefit from Elias A. Zerhouni, M.D, director of The National Institutes of Health (NIH), a part of the U.S. Department of Health and Human Services would be able to cause John E. Niederhuber, M.D., the Director of the National Cancer Institute (NCI) to compromise its cancer research center standards and make the combination of the Novation LLC hospital St. Luke!s and the University of Kansas Medical School a National Cancer Institute (NCI)designated Comprehensive Cancer Center when the new institution still does not have the research faculty, protocols or instructional curriculum to qualify and that the newly created institution would reasonably take as long as a decade to legitimately qualify. 176. The Kansas officials ignoring the discipline office!s misconduct knew though the value of the conspiracy hub!s offering. Federal funds to the nation!s largest medical research and education
30
210
facilities had been significantly cut by the current administration. More established and qualified institutions like the University of Missouri at Kansas City Medical School are having difficulty meeting their budgets for legitimate life saving ongoing research. The Kansas officials believe they will benefit from the conspiracy Hub!s ability to steer funds away from legitimately established research programs that could be used to build an actual qualifying research program that would meet what they were representing as already in existence. v. The Rim of the Defendants! Hub and Spokes Conspiracy 177. The Defendants! hub and spokes conspiracy shares a common rim or over arching purpose of taking public funds from the government under false pretences that include Medicare and Medicaid false claims, Defense contracting false claims resulting from the artificial inflation of hospital supply and specialty aluminum costs though the defendants unlawfully obtained control. 178. The petitioner is bringing this complaint describing a sub set of the conspiracy!s conduct limited to the actions of co-conspirators taken against the petitioner, his associates and business and property interests. All of which are actionable and resulted in injury to the petitioner. 179. The Defendants! conduct interfered with interstate commerce in hospital supplies.
d. Defendants! F.R.Civ.P. Rule 8 predicate acts 180.The defendants committed the following F.R.Civ.P. Rule 8 pleading standard predicate acts described in 18 U.S.C. § 1961(1):
i. Violations of the The Hobbs Act, 18 U.S.C. § 1951 181.The defendants committed violations of the The Hobbs Act, 18 U.S.C. § 1951
Racketeering Act Number One (Attempted Extortion to Prevent the Petitioner from Bringing His Antitrust Claims) 182. When in June of 2003 Medical Supply Chain, Inc. prepared to seek redress in court for its injury, Mr. Jeffrey R. Immelt through his agents Jonathan l. Glecken and Ryan Z. Watts of Arnold & Porter, LLP caused Medical Supply Chain, Inc., a victim of GE!s deliberate actions to be
31
211
threatened and intimidated with the intent of preventing Medical Supply Chain, Inc. and its counsel from bringing antitrust and Missouri state law contract based charges and to cause them to be withdrawn. 183. By deliberately refusing to cite any authority, case law or statute that Medical Supply!s claims were invalid or frivolous, Mr. Jeffrey R. Immelt through his agents Jonathan l. Glecken and Ryan Z. Watts attempted to make GE!s victims including the petitioner believe that they would be sanctioned and fined not on the basis of law but on GE!s power over the legal system. 184. Jeffrey R. Immelt and the GE defendant's conduct interfered with interstate commerce. 185. The petitioner did not know at the time that his Hobbs Act extortion to prevent his company Medical Supply Cain, Inc. from entering the national market for hospital supplies was part of a pattern of racketeering by a criminal enterprise.
Racketeering Act Number Two (Attempted Extortion of Petitioner!s Kansas Legal Representation ) 186. During the period of April 2 through April 18th, 2005 the defendant conspiracy and common enterprise attempted to take control of my legal representation through extortion. 187. The Kansas State Disciplinary Administrator acting through the private Kansas licensed attorney Gene E. Schroer relayed the privileged information that my counsel Bret D. Landrith will be disbarred regardless of the law or evidence in the record. 188. This information was given in advance of the publication or announcement of any decision as a threat imperiling the petitioner!s Missouri corporation Medical Supply Chain, Inc. by revealing it would lose the property right in its legal representation by Bret D. Landrith at a time when the record of the case revealed that efforts to substitute him had resulted in all the law firms with antitrust capabilities being conflicted out. 189. The petitioner would also be forced to forfeit his property rights in redress because a corporation had to be represented by an attorney or its claims would be dismissed with prejudice.
32
212
190. The threat relayed by Gene E. Schroer accompanied offers to “save” Medical Supply by providing representation and permitting the petitioner to use the $300,000.00 taken by US Bank to enter into the national market for hospital supplies. 191. This first involved replacing Medical Supply!s counsel a Kansas attorney as lead counsel that would not be named and his identity would not be revealed to the petitioner. 192. When the petitioner would not agree to this arrangement, Gene E. Schroer repeatedly promised the petitioner the return of the $300,000.00 US Bancorp deprived Medical Supply of to capitalize the petitioner!s company!s entry into the hospital supply market if the petitioner and his counsel would travel to Chicago, Illinois and meet two attorneys that Gene E. Schroer would not name or identify. 193. The petitioner was suspicious and alarmed to the point of being in fear for his own safety due to the implausibility of two attorneys interested in taking on the representation of Medical Supply Chain, Inc. but who were unwilling to reveal their identity or talk on the phone. 194. When the petitioner questioned him further, Gene E. Schroer claimed the attorneys were from two different law firms and had to keep the meeting and their identities confidential. 195. The petitioner offered to discuss the case on the phone or to meet the attorneys from Chicago if they traveled to Lee!s Summit, Missouri but Gene E. Schroer rejected these alternatives. 196. Gene E. Schroer repeatedly contacted the petitioner attempting to pressure him in taking this “only way” out of what was being done to Bret D. Landrith. 196. The petitioner believed that the trip to Chicago was a ruse or pretext to get the petitioner and his representative Bret D. Landrith to a distant location where they would be harmed or murdered and no longer a threat to the Medicare fraud scheme of GE and Novation LLP.1
1
The Criminal Chief of the Dallas U.S. Attorney's office Shannon K. Ross who signed the subpoenas on GE Healthcare and Novation LLC was found dead September 11, 2004 in her home the day before Senate hearings on Novation’s hospital supply anti-trust violations and just 55 days after her associate Thelma Colbert in charge of healthcare False Claims Act investigations was found dead. The office subsequently terminated three more Assistant US Attorneys with white collar crime prosecution experience, eventually causing national
33
213
197. The petitioner had heard that Gene E. Schroer had made appointments with Bret D. Landrith!s client James Bolden to do Bolden!s appeal but took the money from James Bolden and spent the time questioning Bolden about Landrith and not Bolden!s case before contacting Bolden to inform him he would not take the case stating it lacked any merit and refusing to return any of the funds (Landrith prevailed in the Tenth Circuit, overturning the trial court.) 198. This knowledge reinforced the petitioner!s belief that Gene E. Schroer was acting for the State of Kansas Office of Attorney Discipline of Stanton Hazlett and that Medical Supply Chain, Inc.!s case would be forfeited if he did not accept Gene E. Schroer!s arrangements, but the petitioner was to fearful that the trip to Chicago would cause him and Bret D. Landrith to end up like the two Assistant US Attorneys in the Ft. Worth, Texas office investigating the Novation LLP Medicare fraud and laundering of hospital money through Neoforma, Inc.
Racketeering Act Number Three (Extortion of Petitioner!s Legal Representation in the Western District of Missouri) 199. On or about The General Electric defendants through their agent John K. Power contacted the Clerk of the US District Court for the Western District Court to complain about the petitioner!s counsel Bret D. Landrith being admitted to the Western District of Missouri and being able to file
Medical Supply Chain, Inc. v. Neoforma et al , W.Dist. of MO Case No. 05-0210- CV-WODS the action against the defendants! hospital supply market monopoly conspirators. 200. On or about The General Electric defendants through their agent John K. Power caused the State of Kansas Attorney Discipline Office through Stanton Hazlett to make the petitioner!s counsel!s participation in a reciprocal admission program for which he was eligible that was created between the judges of the US Courts for the Western District of Missouri and the Kansas District courts. This lawful and ethical act is cited as a basis for Landrith!s disbarment in In re
Landrith, 124 P.3d 467, 485-86 (Kan. 2005).
notice of the improper firings or terminations of US Attorneys related to Medicare fraud investigations and the racketeering deaths of two more Assistant US Attorneys.
34
214
201. The petitioner!s counsel was disbarred for taking the civil rights case Bolden v. City of
Topeka, Kan., 441 F.3d 1129 (10th Cir., 2006) to federal court and for representation of James Bolden!s witness David Price as a pretext to eliminate the petitioner!s threat to the hospital supply monopoly created by the defendants and their identified co-conspirators. 202. The petitioner!s attorney had to be prosecuted by Stanton Hazlett and the State of Kansas Disciplinary office because the defendants required an outcome that contradicted the Constitution, statute and Model Rules of Ethics that could only be obtained through denial of due process and fraud. 203. The defendants then made use of this void ab initio order to prevent the petitioner!s claims and standing from being heard by the court in Medical Supply Chain, Inc. v. Neoforma et al , W.Dist. of MO Case No. 05-0210- CV-W- ODS after it had been fraudulently transferred to the Kansas District Court and attempted to use it to prevent this action from being heard in the State of Missouri court where it was filed.
i. Open and Notorious Denial of Due Process 204. The defendants and their agents knew that false probable cause and even charges of committing conduct required by the Kansas Rules of Ethics could be used to get opposing counsel disbarred in the State of Kansas due to their control of the proceedings through Stanton Hazlett to deny due process. 205. The defendants! belief that the petitioner!s counsel was not unreasonable, the Kansas Disciplinary Administrator Stanton Hazlett regularly used ex parte communications with the law clerks of Kansas Supreme Court Justices to co-write the opinions issued in discipline cases by the Kansas Supreme Court without knowledge of the respondent attorneys or their counsel. This shocking practice of holding proceedings without even the semblance of Due Process led to a continuing legal education class of Kansas prosecuting attorneys being told the out come of one year suspension in Kansas Supreme Court discipline case In re Vanderbilt case no. 93, 394 by
35
215
Stanton Hazlett!s prosecutor Alexander M. Walczak before the opinion was released or filed April 22, 2005 by the Kansas Supreme Court. 206. Jimmie A. Vanderbilt and his attorney John J. Ambrosio found out the Kansas Supreme Court order when the then Douglas County District Attorney attending the CLE class taught by Alexander M. Walczak called Vanderbilt after the lecture. 207. The opinion issued later was exactly as Alexander M. Walczak had described during the CLE class. 208. The petitioner!s counsel was disbarred through Stanton Hazlett and the State of Kansas Disciplinary office presenting ex parte testimony by Kansas District Judge Kathryn H. Vratil to personnel and justices of the Kansas Supreme Court, disparaging Medical Supply!s counsel without his knowledge or opportunity to question Kansas District Court Judge Kathryn H. Vratil!s testimony on October 20, 2005 minutes before the Kansas Supreme Court justices heard Medical Supply!s counsel!s oral argument in defense of his law license. 209. The petitioner!s counsel was disbarred through Stanton Hazlett and the State of Kansas Disciplinary office presenting to the tribunal ex parte testimony by Magistrate Judge James O!Hara, a managing partner in General Electric co-conspirators! law firm Shugart Thomson & Kilroy that was defending counsel in Medical Supply Chain, Inc. v. Neoforma et al , W.Dist. of MO Case No. 05-0210- CV-W- ODS and who denied the petitioner discovery with no basis in law in
Medical Supply Chain, Inc. v. General Electric Company, et al., KS Dist. case number 03-2324CM, but under oath in the disbarment hearing denied he had done so.
ii. Procurement through fraud 210. The Disciplinary Administrator Stanton Hazlett proffered the perjured testimony of Sherri Price, Assistant City Attorney for the City of Topeka to the discipline tribunal during the three day evidentiary hearing in January 2005 that the petitioner!s attorney Bret D. Landrith had been sanctioned in the Bolden case.
36
216
211. The Disciplinary Administrator Stanton Hazlett announced on the second day of the evidentiary hearing by means of ex parte communication to the tribunal members that Hazlett was going to prosecute Landrith for appealing the cartel!s antitrust case to the Tenth Circuit based on a clear error in the trial court!s determination that the then newly enacted USA PATRIOT Act was devoid of private rights of action when it clearly had more than two express private rights in the text of the enactment as false probable cause, solely to defraud the disciplinary panel. 212. The defendants! co-conspirator and antitrust co-defendants made the complaint used by The Disciplinary Administrator Stanton Hazlett to defraud the disciplinary panel. 213. The Disciplinary Administrator Stanton Hazlett never prosecuted the complaint. 214. The Disciplinary Administrator Stanton Hazlett!s law clerk authored a recommendation for disbarment of Bret D. Landrith that falsely stated that Landrith had failed to include citations to the record in the appeal brief of David Price!s parental rights termination for adoption. 215. Twice in oral argument before a panel that included some Kansas Supreme Court Justices, the Disciplinary Administrator Stanton Hazlett misrepresented the record to conceal the kidnapping of David Price!s infant son.
iii. The Disbarment Proceeding Was For a Malicious Purpose To Usurp Federal Law 216. The Kansas Disciplinary Office through the influence of Stanton Hazlett caused the petitioner!s attorney Bret D. Landrith to be suspended the week prior to his October 20, 2005 Kansas Supreme Court oral argument in defense of his license to practice law. This action was taken despite evidence of the hardship upon Landrith presented at the pretrial hearing resulting from the delay in investigating and resolving the disciplinary complaint. 217. The suspension had the foreseeable and intended effect of preventing the petitioner!s attorney Bret D. Landrith from arguing the African American James Bolden!s appeal before the Tenth Circuit on November 17, 2005. The briefing schedule of James Bolden!s appeal had been previously stopped do to actions of the Disciplinary Administrator against the Landrith to interfere in its preparation.
37
217
218. On Wednesday, April 20th, 2005 the Federal Bureau of Investigation raided Topeka City Homes, Inc., described on the fourth page of the second amended federal Complaint in Bolden!s case as one of the instrumentalities created by the city to self deal HUD funds and seized the city!s records. The April 21st and 22nd, 2005 Topeka Capital Journal article described the agency!s problems for the time period of James Bolden!s complaint. 219. On July 8th, 2005, the City of Topeka!s first African American Judge, Municipal Court Judge Deborah Purce suffered the instigation of an investigation for termination immediately after she had ruled in favor of David Price, Landrith!s client and chief witness for James Bolden. Judge Deborah Purce stated that the City of Topeka was retaliating against her for acting ethically: "People have told me that Ebberts was under pressure from the police department because of my number of 'not guilty' verdicts," Purce said. "It would not be legal or ethical for me to be fired because I weighed evidence in favor of the accused more than Ebberts and police would have liked." Purce also outlined the events of July 8. Armed security guards were called to escort her out of the courthouse” “Ex-judge sees race as issue” Topeka Capital Journal July 17, 2005. 220. On the day of the petitioner!s attorney Bret D. Landrith!s Kansas Supreme Court oral argument, the Kansas District Attorney for Shawnee County was forced to release a report chronicling the City of Topeka!s false testimony and faked evidence for probable cause warrant requests. The report stated the US Attorney for Kansas had quit accepting Topeka police cases because of city misconduct. 221. The Disciplinary Administrator!s ethics prosecution was initiated against the petitioner!s attorney Bret D. Landrith during the twenty days preparation for James Bolden!s jury trial July 6, 2004 before District Judge Kathryn H. Vratil, necessitating the petitioner!s attorney Bret D. Landrith filing in Kansas District court for injunctive relief to postpone the disbarment until after Bolden!s case. Landrith v. Hazlett, Kansas Dist. Case No. 04-2215-DVB.
38
218
Racketeering Act Number Four (Extortion Against Independence Examiner Newspaper) 222. On or about April 11, 2005, the defendant RICO enterprise caused the Independence Missouri newspaper the Examiner to confront its investigative reporter James Dornbrook over the first of a planned series of articles dealing with the state cuts in Medicaid brought by Governor Matt Blunt. 223. The article featured the petitioner and his company Medical Supply Chain, Inc. and described his experience in federal court and his efforts to get redress and provide competition to lower costs in hospital supplies and increase access to affordable healthcare. 224. James Dornbrook and his paper the Examiner were subjected to Governor Matt Blunt and the Republican National Committee associated law firm Lathrop & Gage!s fear counseling to discourage news media from reporting on challenges to the healthcare interests of the defendant enterprise with threats of liability. 225. Missouri attorney Mark F. “Thor” Hearne who was the president of Lathrop & Gage coordinated the defendants! schemes to deprive African Americans of their vote with state legislators, secretaries of state and even county voting officials. The schemes were so effective that even the petitioner!s witness, Bret Landrith, a Republican who had registered with the State of Kansas upon renewing his driver!s license for his new address in a traditionally African American Topeka Kansas neighborhood two blocks down from the Brown vs. Board of Education Memorial was challenged and no record of his change reached the Shawnee County polling station. 226. Mark F. “Thor” Hearne of Lathrop & Gage founded the National Republican Committee front group known as American Center for Voting Rights (“ACVR”) Missouri's Governor Matt Blunt is also a client of L&G, and has been represented for years by Hearne. Blunt, Hearne, and the ACVR were all central to the McClatchy( the conglomerate that owns and runs the Kansas City Star) piece as originally filed by Greg Gordon and the role of each of them in the Kansas City
39
219
Star's May 3rd, 2007 altered version of the story was subsequently removed or otherwise greatly watered down. 227. The May 3rd, 2007 McClatchy was the story breaking the news that the Western District of Missouri US Attorney Todd Graves was the Ninth US Attorney improperly fired released by the petitioner on April 9th, 2007. The McClatchy reporter called the petitioner on April 9th and verified the story with US Senate staffers permitted to see the unredacted US Justice Department emails. 228. Kansas State Senator John L. Vratil is a managing partner of Lathrop & Gage and in his capacity as a member of the Kansas Judicial Council prepared a substitute reform of performance reporting in retention elections announced on December 26, 2005 to counter legislative efforts to change the selection process for judges. 229. The petitioner!s witness David Price was an activist for judicial reform in Kansas and had successfully raised enough signatures to get the issue on the Shawnee County ballot during the previous election. 230. The head of the Kansas Supreme Court panel hearing the disbarment case against the petitioner!s attorney, Hon. Justice Donald L. Allegrucci chaired the Judicial Council, but did not disclose his participation in it. See “Judicial panel suggests reviews”, Topeka Capital Journal December 26, 2005. 231. The face of the disbarment of the petitioner!s attorney expressly finds Landrith should be disbarred for his association with David Price and David price!s protected speech unrelated to Landrith!s representation of Price in violation of the Fourteenth Amendment!s protection of the rights to Free Speech, Association and Redress. Additionally the disbarment of Landrith is expressly for taking James Bolden!s action to federal court where the Tenth Circuit overturned the dismissal. 232. The direct goal of the enterprise in having further articles about the petitioner!s litigation censored in the Independence Examiner, Kansas City Star, and the Topeka Capital Journal was to make it possible to influence the outcome through the GE defendants use of deception to take
40
220
a business expectancy and property right from the petitioner without the possibility of a broader civic involvement causing the petitioner!s claims to be taken seriously. 233. Later, Lathrop & Gage as advisor and counsel to other regional newspapers would help to cause the information on Bradley J. Schlozman!s misconduct and the wrongful dismissal of US Attorney Todd Graves discovered by the petitioner to be under reported or excluded from coverage to further the enterprise!s goals in maintaining political control of US Department of Justice law enforcement for the purpose of protecting the enterprises! taking of property rights and market share from the petitioner.
Racketeering Act Number Five (Attempted Extortion of Counsel Over Petitioner!s Contract Claims) 234. On Wednesday, August 24th, 2005 Jonathan L. Glecken of Arnold & Porter, LLP, lead counsel for the defendants Jeffrey R. Immelt, General Electric Company, General Electric Capital Business Asset Funding Corporation, GE Transportation Systems Global Signaling, L.L.C. , threatened Medical Supply!s counsel with the loss of his home if he did not withdraw Medical Supply!s Missouri state law contract based claims. 235. Jonathan L. Glecken told the petitioner!s counsel Bret D. Landrith that Landrith would have his house taken from him and all his property if he did not stop seeking redress for the petitioner even on the state law claims, which were not in dispute or subject to sanction. 236. Jonathan L. Glecken of Arnold & Porter, LLP, and John K. Power as agents of the defendants Jeffrey R. Immelt, General Electric Company, General Electric Capital Business Asset Funding Corporation, GE Transportation Systems Global Signaling, L.L.C. through ex parte communications with judicial branch officials and officials of the City of Blue Springs caused prejudice against the petitioner and his counsel to extort from them their property rights and the right to vindicate the petitioner!s contract claims by representing GE as rich and powerful with the ability to control court outcomes and that the petitioner because he did not have money was not entitled to have his contract rights enforced.
41
221
ii. Defendants! Extortion Depriving Petitioner of Missouri Counsel 237. Before filing the initial petition in this court, the petitioner sought out Missouri licensed counsel experienced in commercial torts and contract law.
Racketeering Act Number Six (Extortion Over Petitioner!s Replacement Counsel David Sperry) 238. The only attorney the petitioner could find to visit with him about the claims was David Sperry of Independence, Missouri who had both experience in complex commercial litigation and the discovery disputes the petitioner anticipated would be the deciding issue in his claims. 239. After interviewing the petitioner, David Sperry was incredulous and shocked that the petitioner!s prior counsel had been disbarred. 240. David Sperry declined to take the case however because the power of the GE defendants over the court system would likely result in the case being transferred to a distant venue where it would be impossible for him to economically prosecute the case and his property rights in the contingent fee representation of the petitioner would be forfeited.
Racketeering Act Number Seven (Extortion Over Petitioner!s Replacement Counsel James C. Wirken) 241. After his Missouri state claims copied and pasted from the Kansas District Court complaint against the GE defendants where they were dismissed without prejudice survived a GE dismissal motion, the petitioner was referred to Mr. James C. Wirken founder and Chairman of the Wirkin Law Group in Kansas City, Missouri. 242. Mr. James C. Wirken graciously agreed to schedule an appointment to interview the petitioner on the possibility of representing his claims against GE. 243. However, before the actual meeting could take place, the GE defendants! counsel John K. Power, MO Lic. # 70448 had contacted James C. Wirken and his son who also was counsel at
42
222
Wirkin Law Group to conduct several conversations to discourage the Wirkens from representing the petitioner. 244. During the conversations, John K. Power placed the Wirkens in fear of associating with the petitioner, falsely stating that the petitioner had been repeatedly sanctioned for baseless claims, that John K. Power!s clients, the GE defendants were so powerful that no law firm could stand up to them and placing the Wirkens in fear that all the services provided the petitioner would go uncompensated because the GE defendants would prevail no matter what in court. 245. Mr. James C. Wirken did politely interview the petitioner and charitably offered some constructive criticisms regarding the presentation of the case but strongly urged the petitioner to continue on pro se. 246. Mr. James C. Wirken stated that the Wirkin Group would hve to charge $7,500.00 to just read the complaint and would have to have a very sizeable retainer to cover any further research or meetings to just determine whether they would represent the petitioner. 247. The petitioner believed this was unusual for a cut and dried contract case that had already survived dismissal intact and where the petitioner had prevailed in obtaining a remand.
Racketeering Act Number Eight (Attempted Extortion Over Judy Jewsome For Helping Petitioner!s Witness David Price) 248. The defendants through the deliberate networking with State of Kansas officials willing to disregard their oaths of office and violate clearly established rights of citizens to further the interests of named defendants and their agents directed Kansas state judicial branch employees acting in an investigative role to misuse their office injuring the petitioner a citizen of Missouri and his Missouri business. i. The defendants! retaliation against Judy Jewsome 249. The defendants caused US Congresswoman! Nancy Boyda!s sole African American staff member Judy Jewsome in the Democrat congresswoman!s Topeka Kansas office to be attacked as unfit to be admitted to the Kansas Bar.
43
223
250. Judy Jewsome was targeted by the defendants because she had handled Congresswoman!s Nancy Boyda!s constituent services case for David Price seeking to have his kidnapped son returned. 251. David Price is a witness and associate of the petitioner who was a plaintiff in United States
ex rel Michael W. Lynch v Seyfarth Shaw et al. Case no. 06-0316-CV-W- SOW in the the Western District of Missouri and in injunction actions against the RICO defendant Seyfarth Shaw in Illinois and Kansas seeking to prevent Seyfarth Shaw from injuring the petitioner!s associate Michael Lynch. 252. The defendants! Missouri law firm Husch & Eppenger LLC represented the RICO defendant Seyfarth Shaw in Kansas District court against David Price. 253. Judy Jewsome was targeted by the defendants because she set up a meeting between David Price and his counsel, Kansas attorney Craig Collins and Governor Kathleen Sebelius of Kansas and Kansas Attorney General Paul Morrison to hear the evidence of the kidnapping. The meeting was then canceled at the last minute due to the influence of the defendants. 254. The defendants tried two more times to keep David Price and his attorney Craig Collins from meeting with the Kansas Attorney General Paul Morrison before they succeeded. Morrison was shocked that the career staff of the Kansas Attorney General!s office had kept the matter from him and examined the evidence concluding the child had been unlawfully taken and promising to investigate and prosecute those responsible for the kidnapping and cover up. 255. Gayle B. Larkin, Admissions Attorney of the Kansas Attorney Admissions office used the false probable cause pretext that a private or personal email written by Judy Jewsome describing a policy of complete disclosure by applicants as unfair was a basis to investigate Judy Jewsome as unfit and to bring a complaint to prevent her from sitting for the July 2007 Kansas Bar examination. 256. Gayle B. Larkin is an attorney and in her capacity as head of attorney admissions was sworn to uphold the Constitution and knew she was violating the trust of the people of Kansas when
44
224
she took the pretextual based action against Judy Jewsome on behalf of the Kansas Attorney Disciplinary Administrator Stanton Hazlett. 257, US Congresswoman! Nancy Boyda!s husband who is also a Kansas attorney, defended Judy Jewsome during the proceedings but had substantial reason to doubt they would prevail in the admission!s hearing and even had cause to suggest that if Judy Jewsome would be allowed to sit for the examination, she should not count on being allowed to pass it, though Miss Jewsome was a good student and prior to attending law school worked in the Kansas Attorney General!s office.
Racketeering Act Number Nine (Attempted Extortion Over Associate Donna Huffman a Potential Replacement Counsel) 258. The defendants through the deliberate networking with State of Kansas officials including Gayle B. Larkin, willing to disregard their oaths of office and violate clearly established rights of citizens to further the interests of the named defendants and their agents directed Kansas state judicial branch employees acting in an investigative role to misuse their office injuring the petitioner a citizen of Missouri and his Missouri business.
i. The defendants! retaliation against Donna Huffman 259. The petitioner sought out the real estate finance help of Donna Huffman, a mortgage broker licensed by the states of Kansas and Missouri and by the United States Department of Housing and Urban Development (H.U.D.) in January 2007 while considering a sale or purchase of his father!s Lee!s Summit town home to continue the stability of his father!s trucking business while his father made arrangements to undergo extensive chemo therapy in treatment of bone cancer. 260. The petitioner first met Donna Huffman in the offices of VCOM Inc. where the petitioner was working to help VCOM and Medical Supply Chain obtain funding through the help of Michael Lynch.
45
225
261. The defendants caused Donna Huffman to be retaliated against by Gayle B. Larkin, the Kansas Admissions Attorney for her association with the petitioner!s witness Bret D. Landrith. 262. Two disciplinary investigators from the Kansas Attorney Disciplinary Administrator Stanton Hazlett!s office, believed to be Gary H. Pettijohn and Terry L. Morgan came to the petitioner! s attorney Dennis Hawver!s Ozawkie Kansas office around 8:30 am, Tuesday morning, November 27, 2007. 263. While there, the investigators and Dennis Hawver telephoned the petitioner!s witness Bret D. Landrith in Lee!s Summit, Missouri and revealed to Landrith that the Kansas Attorney Disciplinary Administrator was investigating Donna Huffman for fitness to be admitted to the Kansas Bar. 264. An investigator questioned Landrith about the Western District of Missouri case Huffman v.
ADP, Fidelity et al, Case No. 05-CV-01205. They wanted to know if Landrith had represented Donna Huffman and if he had been paid by her. 265. The Huffman v. ADP, Fidelity action is available on Stanford Law School!s class action website at http://securities.stanford.edu/1035/ADP05_01 266. Landrith informed the two investigators that he had represented Donna Huffman on the Western District of Missouri case and that he never received a fee or payment for the case because he was disbarred and no longer was entitled to the property right of contingent fees for his representation but that he thought it had settled because Huffman later gave him gratuitously $2,000.00. 267. Landrith also informed the investigators that 100,000 to 300,000 members of the prospective class had been screwed out of their retirement because Donna Huffman could not find a replacement attorney after he had been disbarred. 268. Landrith reminded Stanton Hazlett!s investigators that their office had disbarred him for bringing the the civil rights claims of the African American James Bolden against the city of Topeka to federal court which Landrith he had prevailed on in the Tenth Circuit Court of Appeals
46
226
following disbarment and for representing James Bolden!s witness against the City of Topeka theft of H.U.D. funds in an adoption appeal where David Price!s infant son had been kidnapped. 269. The F.B.I. raided the City of Topeka front Topeka City Homes which had been set up and controlled by the city after the Kansas District court erroneously dismissed Bolden!s case and seized the records for violation of H.U.D. financial requirements. 270. As a result of Bret D. Landrith notifying the petitioner on November 27, 2007 of this meeting, the petitioner learned that his business associate Donna Huffman, an intelligent, capable woman who he trusts had been prevented from taking the July 2007 bar examination and was in danger of being found unfit by the influence of Kansas Attorney Disciplinary Administrator Stanton Hazlett!s office over whether she is admitted in her home state and likely any other state to practice law on the false probable cause of being a plaintiff in the Western District of Missouri case Huffman v. ADP, Fidelity et al, Case No. 05-CV-01205 which was not frivolous and where the defendant Fidelity admitted to the claim impermissible fees on some of the subject Simple IRA mutual funds in a mailing to the prospective ADP class members after the complaint was filed.
e. Defendants! F.R.Civ.P. Rule 9 predicate acts 272.The defendants committed the following F.R.Civ.P. Rule 9 heightened pleading standard fraud based predicate acts described in 18 U.S.C. § 1961(1):
Racketeering Act Number Ten (GE, GE Transportation and GE Capital Defendants! Fraud in Removal To Federal Court) 273. The GE Defendants misrepresentation through their counsel John K. Power, MO Lic # 70448 that a basis for federal jurisdiction came into existence within 30 days of filing their notice of removal meets the Eight Circuit requirements for a finding of fraud on the court. 274. The GE Defendants committed (1) an intentional fraud; (2) through John K. Power, MO Lic # 70448 an officer of the court; (3) which was directed at the state and federal courts; and (4) in fact deceived the state court and the federal court this action was removed to over the existence of
47
227
federal jurisdiction. 275. John K. Power MO Lic # 70448 in his capacity as an officer of the court committed fraud by omission of the relevant pages of the appearance docket to accomplish the GE Defendants goal of escaping a just resolution of the plaintiff!s claims in Missouri State court and to enter the federal system where the case could ultimately be moved to Kansas District court. 276. This state court on May 31, 2006 issued an order denying the GE defendants dismissal motion, foreclosing federal resolution of issues already heard and decided, including the standing of the plaintiff to represent the interests of the dissolved Missouri corporation Medical Supply Chain, Inc. which was assigned to the plaintiff. 277. The full trial court Missouri state appearance docket reveals the GE Defendants and their sole counsel John K. Power without excuse failed to appear for the Case Management Conference relied upon by the defendants as justification for removal. The order reads: “Defendant fails to appear by counsel.” 278. On May 31, the remaining Missouri domiciled defendants were dismissed from the case due to the petitioner being unaware of their participation with the GE Defendants to conceal the fraudulent transfer of the Coronado street building to Heartland Financial 279. The other Missouri defendant Stewart Foster/ Carpets n! More was unable to be served by Jackson County Sheriff!s deputies and the summons expired on April 28, 2006 under Missouri State Rule 54.21. 280. The GE Defendants fraudulently misrepresented to the federal court that the plaintiff called for a case management conference that in fact was ordered sua sponte by the Missouri state court: “However, plaintiff has set (sic) a Case Management Scheduling Order without serving Carpets N! More.” Defendants! Brief In Opposition To Motion To Remand The Matter To State Court in W.D. of Missouri U.S. District Court Doc. 9 at pg. 2. 281. The GE Defendants! false statement to the federal court is belied by the Complete state docket which shows no motion or other entry by the plaintiff to schedule or call for a case management conference.
48
228
282. The GE Defendants fraudulently misrepresented that the plaintiff made apparent intentions to dismiss or to proceed in the absence of the remaining local defendant for the first time with the Judge created Case Management Order: “Because plaintiff!s intentions were not apparent until the July 5 Case Management Order, defendants! motion to remove the case on July 17 is timely”. Defendants! Brief In Opposition To Motion To Remand The Matter To State Court Doc 9 pg. 2. 283. In fact the summons was returned unserved to Carpets N! More on 5/02/2006. 284. The GE Defendants fraudulently misrepresented that the July Case Management Order is an “other paper” that determined the status of jurisdiction over the defendant parties in their answer to the petitioner!s Remand Motion. (See page 3 of GE Defendants! Brief In Opposition To Motion To Remand The Matter To State Court (WD Mo Doc. 9) 285. Nowhere in the order were the defendants! assertions about the new status of the action!s defendants delineated: “CIVIL CASE MANAGEMENT SCHEDULING ORDER Now on JULY 5, 2006 this matter coming on for scheduling conference and pursuant to Local Rule 35.1, the Court hereby enters the following Scheduling Order: Plaintiff appears by counsel, SAMUEL K LIPARI. Defendant fails to appear by counsel. 1. This case is set for trial on March 5, 2007 at 9:30 A.M. 2. The parties are ordered to participate in mediation pursuant to Rule 17. Mediation shall be completed by September 1, 2006. Each party shall personally appear at the mediation and participate in the process. In the event a party does not have the authority to enter into a settlement, then a representative of the entity that does have actual authority to enter into a settlement on behalf of that party shall also personally attend the mediation with the party. 3. Lee Wells is appointed to be the mediator in this case. 4. Each party shall pay their respective pro-rata cost of the mediation directly to the mediator. 5. Parties shall file any designated portion of depositions to be read or shown or played to the jury by videotape ten (10) days before trial. 6. Five (5) days before trial, the parties shall file a list of exhibits to be offered or referred to in the evidence. 7. Five (5) days before trial, the parties shall file a list of witnesses to be called to testify at trial. 8. Five (5) days before trial, the parties shall file any motions in limine, proposed jury instructions, counter designations and objections to proposed deposition excerpts to be read or played to the jury by videotape, and any trial briefs with the Court and the opposite party. 9. Dates in this pretrial order shall be changed only by leave of Court. Dated: JULY 5, 2006 W STEPHEN NIXON Judge” (See page 4 of Complete State docket)
49
229
Racketeering Act Number Eleven (June 5th Fraudulent Testimony of Defendant Bradley J. Schlozman) 286. Frustrated with his repeated experience in federal court of having all discovery denied in the absence of any statute rule or legal authority and on the pretext that his complaint failed to state elements required for a cause of action despite their clear presence on the face of his pleading, the petitioner press released his independent discovery of US Department of Justice documents on April 9. 2007. 287. The Justice Department documents were described in the April 9, 2007 release by the petitioner as revealing former US Attorney for the Western District of Missouri Todd Graves had been improperly fired to place Bradley J. Schlozman in the position and that the effect was to obstruct justice in the investigation of widespread Medicare and Medicaid fraud. 288. The petitioner had knowledge of the evidence of Jeffery Immelt, General Electric, and GE Capital through the direction of the enterprise!s affairs by Seyfarth Shaw LLP causing the break in and illegal electronic surveillance in a suburb of Chicago, Illinois to unlawfully influence the outcome of federal and Illinois state court cases related to McCook Metals and its owner Michael W. Lynch an associate of the petitioner. The conduct was equivalent to the misconduct experienced by the petitioner. 289. The evidence of this conduct by the General Electric defendants had been delivered to Bradley J. Schlozman under seal in United States ex rel Michael W. Lynch v Seyfarth Shaw et al. Case no. 06-0316-CV-W- SOW who was then acting as the interim US Attorney for the Western District of Missouri. 290. The relator Michael W. Lynch provided evidence to Western District US Attorney Bradley J. Schlozman discovered in April 2006 that a $39,000,000.00 bribery fund was being used to secure outcomes in court cases including the shift of unfunded pension obligations of McCook Metals, Inc. to the Pension Benefit Guaranty Board (PBGC) at the expense of US taxpayers despite the obligation of Alcoa Aluminum financed by General Electric, pursuant to Alcoa!s acquisition of Reynolds Metals, under ERISA law.
50
230
291. The US Attorney for the Western District, Bradley J. Schlozman was served documents by the relator Michael W. Lynch including the admission under oath by General Electric!s agents Jenner & Block and General Electric!s law firm Seyfarth Shaw in their capacity as legal counsel for General Electric Commercial Finance had knowledge of the breaking and entering of the relator Michael W. Lynch!s home to obstruct justice. 292. As the US Attorney for the Western District, Bradley J. Schlozman was served documents by the relator Michael W. Lynch revealing the General Electric Company at the direction of its then CEO Jack Welch and later under the direction of its CEO Jeffrey R. Immelt had targeted the relator Michael W. Lynch personally for his testimony over Alcoa!s monopolization of aerospace aluminum products with the aid of the General Electric Company!s subsidiary GE Capital in the General Electric/Honeywell merger litigation. 293. The US Attorney for the Western District, Bradley J. Schlozman was served documentation revealing the relator Michael W. Lynch!s personal assets and those of his family members were being taken and seizure of Michael W. Lynch!s house was being threatened to accomplish this retaliation through the GE defendants! extra legal influence over the federal courts. 294. In an unusual move, Bradley J. Schlozman immediately attempted to dismiss the relator!s complaint rather than letting the documentation furnished on CD -Rom disks be opened. 295. Bradley J. Schlozman!s conduct as an agent of the Republican National Committee obstructing the government!s investigation of the conduct that disrupted military contracts and ultimately caused the substantial McCook Metals pension liability to be fraudulently placed on the taxpayer was contrary to the policies, rules and statute based interests of the government and he was overridden by the Office of Main Justice which had intervened in the Western District of Missouri False Claims Act case at the insistence of Pentagon officials who!s programs were disrupted by the General Electric defendants misconduct. 296. The intervention was brief before the RICO enterprise with the direction of Bradley J. Schlozman was able to go around the Main Justice officials responsible for FCA cases with the
51
231
help of Karl Rove and shut down the investigation of General Electric and Jeffrey R. Immelt!s role behind Alcoa!s take over of McCook. 297. The April 9, 2007 morning press release of the petitioner caused the US Senate and US House of Representatives Judiciary committees to subpoena that afternoon documents related to the termination of Todd Graves, including the email cited by the petitioner in his press release. The US Senate Judiciary Committee also subsequently decided to subpoena Bradley J. Schlozman as the petitioner had intended to cause to happen as a means of substituting for discovery he was unlawfully being denied of the General Electric defendants in court. 298. During his sworn Senate testimony on June 5th, 2007, former Missouri U.S. Attorney Bradley J. Schlozman repeatedly asserted that he had been “directed” by Craig Donsanto, the head of the Justice Department!s Election Crimes section, to file controversial voter fraud indictments against a week before the 2006 election. 299. At the June 5th, 2007 hearing, Bradley Schlozman testified at least ten times that, when he was a U.S. Attorney in Missouri, he was "directed" by the Justice Department's Office of Public Integrity to charge four members of a liberal voter-registration group with election fraud days before the 2006 elections, despite the fact that Department guidelines mandate such charges be brought after the election (the suit was later dismissed by a judge due to a lack of evidence). 300. Bradley J. Schlozman testified that if questioned, Donsanto, who wrote the Department!s manual on how to approach election crimes, “would state explicitly and without reservation that he did in fact OK the issuing of the indictments.” 301. However contrary to Bradley J. Schlozman!s misrepresentation, Donsanto did not sign off on the indictments “of his own volition.” Bradley J. Schlozman deliberately misled the Committee and the public about his decision to file an election eve lawsuit in direct conflict with longstanding Justice Department policy in order to conceal his conduct in the office of US Attorney for Missouri in furthering the Republican National Committee!s hold over government elected offices in order to deliver protection from prosecution of the systematic fraud of Medicare and Medicaid through
52
232
the Novation LLC scheme to artificially inflate hospital supply costs participated in by General Electric and General Electric!s scheme to monopolize key aluminum defense component. 302. On June 11, 2007, Bradley J. Schlozman sent a letter to Senate Judiciary Chairman Patrick Leahy (D-VT) retracting his sworn statements to Congress: “ I wanted to take the opportunity to clarify my testimony with regard to the timing of the voter registration fraud indictments against four employees of the Association of Community Organizations for Reform Now (”ACORN”). Although I later clarified my testimony in responding to Senator Whitehouse!s questioning at the hearing, I did state in response to various questions during my testimony that the long-time career head of the Public Integrity Section!s Election Crimes Branch had “directed” me to file the indictments prior to the November 2006 election. As required by Section 9-85.210 of the U.S. Attorney!s Manual, at my direction, the Assistant United States Attorney assigned to the case consulted with the Election Crimes Branch prior to the filing of the indictments. I want to be clear that, while I relied on the consultation with, and suggestions of, the Election Crimes Branch in bringing the indictments when I did, I take full responsibility for the decision to move forward with the prosecutions related to ACORN while I was the interim U.S. Attorney.” Bradley J.Schlozman letter to Senator Judiciary Chairman Patrick Leahy. 303. Bradley J. Schlozman!s June 11, 2007 letter revealed the entire basis for his line of defense during his June 5th testimony was fabricated. 304. In answers to written questions from the Senate Judiciary Committee, Bradley J. Schlozman claimed to "have no idea" why Graves was dismissed. Schlozman also stated that his office did not issue a press release announcing the ACORN indictments. But the story appeared in Missouri newspapers, some with a quote from Schlozman that "this national investigation is very much ongoing." 305. In the answers to written questions from the Senate Judiciary Committee, Bradley J. Schlozman misrepresented the extent to which he caused prosecutors for his office and government attorneys to be hired and promoted or retained improperly on the basis of their political affiliation to guarantee the Republican National Committee would obtain control of the government!s law enforcement activity and enable Karl Rove to sell protection to the Republican National Committee!s political allies and honor Karl Rove!s secret arrangements benefiting General Electric and Novation LLC.
53
233
Racketeering Act Number Twelve (Attempted Extortion Over Petitioner!s Witness Bret D. Landrith ) 306. The defendants through the conspiracy hub of Rove, Gonzales and Bloch became aware of the petitioner!s press release describing Todd Graves as “the Ninth US Attorney” at the end of March through electronic surveillance of the petitioner . 307. The defendants through their control of the US Department of Justice intimidated the web based public relations service PR Web that had very effectively distributed the petitioner!s past press releases into censoring the petitioner and preventing the press release from being published, despite PR Web!s suggested correction being complied with by the petitioner. 308. The press release was finally distributed by two other web based public relations firms on April 9, 2006 and described the Kansas attorney Bradley J. Schlozman replacing Todd Graves without Senate approval under a now repealed provision of the USA PATRIOT Act. 309. The petitioner!s former attorney now a citizen and resident of Lee!s Summit, Missouri was mentioned in the press release for the the US Department of Justice!s failure to investigate the civil rights violations committed by Kansas official in disbarring him for successfully representing the African American James Bolden and his American Indian witness David Price. 310. The conspiracy hub including Scott J. Bloch ( a former member of the Kansas Disciplinary Committee) communicated directly to Kansas State Disciplinary officials to cross state lines and act against a non attorney citizen of Missouri for the purposes of interfering with and obstructing justice in the Missouri state case against the General Electric defendants for contract fraud. 311. On information and belief, members of the Kansas Disciplinary committee or the Johnson County Kansas, state disciplinary committee willingly violated their oaths of office and the law to target Landrith. 312. On information and belief the conspiracy acting through Kansas Disciplinary committee officials made misrepresentations to the Kansas City Missouri office of Accountemps in April 4-
54
234
16, 2007 to have Bret D. Landrith hired for a temporary document review job that merely required a juris doctorate but was represented to Accountemps as not requiring a law license. 313. At a very low point emotionally, Bret D. Landrith having been black listed by state officials and unable to find work believed he could save his relationship and keep his family intact with the long term temporary job. 314. The defendants prevented Accountemps from revealing information about the employer or the work but Bret D. Landrith became concerned they had misunderstood their client!s requirements and wrote a letter to the Accountemps representative: “April 11, 2007 Mr. Justin West Accountemps Suite 230 920 Main St Kansas City, MO 64105 (816) 474-4583
Dear Mr. West, In response to the document review position you contacted me about, I will be happy to have your agency forward my qualifications to your client. However, I did want to clarify it has been my experience that document review work is often available to law school graduates and paralegals and sometimes the work is limited to persons admitted to a state bar. This is often determined by the jurisdiction for the litigation being supported by the document review. While it is true that I passed the Kansas bar exam in July 2002, I am not currently admitted to the bar of Kansas and was disbarred in 2006. Since passing a state bar is not normally considered a qualification independent of being licensed to practice in that state or jurisdiction, it is likely that the requirements of your client are in error and the hours spent on their project need to be by a licensed attorney to recover their costs from the opposing party in the jurisdiction where they are litigating. Sincerely, ________________ Bret D. Landrith “ 315. When Bret D. Landrith arrived, it turned out to be an elaborate ruse by the Kansas Disciplinary racketeers that was being perpetrated by Isaac Diel unknowingly who was connected to the Johnson County Kansas Attorney Discipline chair Rex A. Sharp as revealed in Landrith!s
55
235
letter to his family:
“I was there early. No lights on in the office. Nicer and in same neighborhood where Vcom was. I called the temp agency, they didn't have anymore information. Then the attorney turned the lights on from inside and opened up. It looked like he had slept on office couch. It wasn't like a real document revue job, no computer for coding, etc. He explained the case (but did not have the complaint) he had stacks of boxes. He also said the job would only be for a week. I was getting ready to start then he asked what may have been a set up question: "Are you an attorney? Not that it matters to me but (something about attorney eyes only on the documents)" I said "Not now. Mr. Hazlett terminated me with extreme prejudice." He then said something about like that may be a problem the defense attorneys made them limit who can see the documents. I said I had explained that to the Temp agency and even written them a letter stating that their client probably meant they needed a licensed attorney. He said to take the rest of the morning off. He would check. He then called me around 11:00 am to say they can't use me. It certainly seemed like a set up. The state is getting too much attention now for what they did to me. It would have been great to get me to say I was a lawyer and to do some legal work in Kansas. I am so sorry that this sets us back on money and my lack of self esteem/depression that hurt our relationship. “ 316. The conspirators made misrepresentations to the account manger for the temp firm Robert Half of Overland Park, KS in addition to those made to Mr. West. When Landrith questioned the Robert half representative she said she called the clients and verified that Landrith was who they wanted, that they had seen his resume and knew he was not an attorney and not licensed. These misrepresentations to her were made again between April 11 and April 30, 2007. 317. When the entrapment scheme failed to compromise or intimidate Bret D. Landrith into not being a suitable witness for the petitioner, the defendants pressured Robert Half to obtain a time card from Landrith claiming pay for the job but Landrith refused to submit one.
Racketeering Act Number Thirteen (Attempted Extortion Over a Potential Replacement Counsel) 318. The petitioner was eventually aided by a retired 16th Circuit judge and Missouri State senator in finding an attorney to represent the petitioner in the state court action against the General Electric defendants. 319. Of the several he was referred to, a very competent former Jackson County prosecutor bravely agreed to investigate representing the petitioner but was involved in preparing for a
56
236
substantial jury trial and asked the petitioner if he could seek the help of another attorney with antitrust experience to help him represent the petitioner. 320. The attorney with antitrust experience turned out to be Rex A. Sharp who happened to be on the Kansas Attorney Discipline Committee, a fact unknown and undisclosed by Rex A. Sharp to the petitioner. 321. On the phone, Rex A. Sharp said he was interested in representing the petitioner but was traveling and sought to schedule a meeting with the petitioner the following week. 322. The petitioner sought an continuance in the 16th Circuit case due to the death of the petitioner!s father and the representations made by Rex A. Sharp, described in the motion for continuance as likely to take over the representation of the petitioner. 323. Hon. Judge Manners granted the motion for continuance. 324. Unknown to the petitioner or his Missouri associate attorney, on the petitioner!s information and belief Rex A. Sharp saw his confidential communications with the petitioner as information gathering for the Kansas Attorney Disciplinary Committee!s activities against the petitioner . 325. On information and belief, Rex A. Sharp changed the in person meeting to a telephone conference with the petitioner where Rex A. Sharp was not in his office as he represented and instead at another location so that the respondent!s answers about his litigation could be heard by an authorized listener. 326. On information and belief Rex A. Sharp researched the petitioner!s litigation record on the Medical Supply Chain web site during the week following the telephone conference and billed his time to the State of Kansas. 327. The petitioner formed this belief because of his surprise that Rex A. Sharp wanted to talk about the petitioner!s antitrust actions in the Kansas District court and wanted the petitioner!s permission to talk to the petitioner!s counsel in those cases to take over the representation which Rex A. Sharp expressed great enthusiasm for even though they had been dismissed. This was opposite of the ethical duty to gain permission from a represented person!s attorney before
57
237
discussing the matters. In retrospect, the only persons violating the Kansas Rules of Ethics are doing so with the protection and under the direction of Stanton Hazlett. 328. The delayed appointment with Rex Sharp caused the petitioner to have to file an amendment with a federal question included in the state court, giving the defendants the opportunity to remove the case again. 329. Rex A. Sharp described the removal to federal court as an injury to the petitioner. 330. Rex A. Sharp was aware of the other time sensitive decisions effecting both the litigations in Kansas and Missouri yet refused to meet with the petitoner!s Kansas counsel in person, bizarrely insisting on a telephone conference and has since not returned any calss or communicated that he is not going to represent the petitoner. 331. On information and belief Rex A. Sharp has discovered he has been placed in the role of Gene Schorer by Stanton Hazlett and the defendants who use this technique by pattern and practice to extort the petitioner.
Racketeering Act Number Fourteen (Fraudulent Misrepresentations on Form 10-K!s By Defendant Jeffrey R. Immelt) 332. The defendant Jeffrey R. Immelt committed fraud by omission on March 3, 2006 in failing to disclose GE!s liability to the petitioner for the breach of its real estate contracts with the petitioner in a Form: 10-K corporate disclosure with the filing date: 3/3/2006 signed by Jeffrey R. Immelt as required by the Sarbanes-Oxley Act of 2002, Pub. L. No. 107-204, 116 Stat. 745 to conceal Jeffrey R. Immelt and GE!s anticompetitive misconduct in the market for hospital supplies and prevent General Electric!s board of directors from discovering and honoring its obligation to the petitioner. 333. The defendant Bradley J. Schlozman as former Missouri U.S. Attorney Bradley Schlozman repeatedly asserted that he had as former Missouri U.S. Attorney been “directed” by Craig Donsanto, the head of the Justice Department!s Election Crimes section, to file controversial voter fraud indictments against urban voter registration activists a week before the 2006 election.
58
238
334. Mediation was ordered to be initiated by the defendants during the July 05, 2006 case management hearing. 335. The plaintiff repeatedly contacted the defendants! to participate in mediation but the defendants! counsel would not return calls or initiate the mediation. 336. Mediation was again ordered by the court on February 09, 2007 and agreed to without objection by the defendants! attorney Leonard L. Wagner MO Lic. # 39783. 337. The plaintiff repeatedly contacted the defendants! law firm Husch & Eppenberger, LLC but no mediation on the plaintiff!s claims for redress had been scheduled. 338. The plaintiff is being kept out of the market for hospital supplies by the defendants! continuing efforts to prevent the plaintiff from obtaining redress. 339. On September 14th, 2007 the GE defendants through their counsel John K. Power MO Lic. # 70448 filed a written document falsely misrepresenting to the court that Husch & Eppenberger, LLC had attempted to initiate mediation but was unable to reach the petitioner; that the petitioner had not contacted the defense counsel office to pursue mediation; and that the GE defendants were willing to mediate. 340. The GE defendants through there counsel Leonard L. Wagner MO Lic. # 39783 of Husch & Eppenberger, LLC fraudulently agreed to obey the court!s order of mediation on at the case management conference on February 09, 2007 with no intent to actually initiate the mediation as the defendants! were ordered. 341. The GE defendants through there counsel Leonard L. Wagner MO Lic. # 39783 made no action or manifested any conduct to initiate mediation before the answer of John Power on September 14, 2007. 342. The defendants! counsel John K. Power, MO Lic. # 70448, Husch & Eppenberger, LLC in his answer dated September 14th, 2007 falsely stated that the plaintiff never attempted to contacted the defendants. The plaintiff attempted to contact the defendant!s counsel repeatedly, including correspondence by email cc!d to the court clerk.
59
239
343. There is no correspondence nor have there been calls from the defense counsel related to mediation. 344. The petitioner has not impeded mediation and in fact contacted even Shelly Hinson in the court clerk!s office twice in an unsuccessful attempt to find contact information for the mediator to do the defendants! work for them. 345. The GE defendants through their defense counsel John K. Power, MO Lic. # 70448 of Husch & Eppenberger, LLC made another misrepresentation directed to the state court to avoid responsibility for not following the state court!s order of mediation and the petitioner has been injured further by being deprived of redress and property rights that would have enabled him to enter the market for hospital supplies. 346. This court was deceived by the GE defendants! false answer of September 14th, 2007 fraudulently stating they would initiate or participate in mediation. The defendants have not scheduled a mediation and seek to rely on forcing the petitioner to Chicago, Illinois to extort a non law based outcome on October 16, 2007 through the defendants Seyfarth Shaw LLP.
B. Missouri State Law Based Claims 347. The petitioner brings the following state law based causes of action against the defendants:
1. CAUSE OF ACTION FOR BREACH OF CONTRACT 348. Samuel K. Lipari hereby re-alleges the averments of fact above and makes the following allegations:
a. Meeting of Minds 349. George Frickie, property manager for The General Electric Company who Medical Supply had been told by George Frickie and his agents, was the authority for the building at 1600 NE Coronado Dr. telephoned Medical Supply Chain!s Missouri headquarters and placed a message on its answering machine stating he had been instructed by “GE business leaders” to accept
60
240
Medical Supply!s proposal and he was calling to do so. 350. Medical Supply Chain Inc. and Samuel K. Lipari reasonably believed George Frickie had authority to enter into contract over the building at 1600 NE Coronado Dr. and Samuel K. Lipari honored the contract in reliance upon George Frickie!s statements about his authority and the acceptance of the contract by GE.
b. Contract Was Signed and in Writing 351. Then, George Frickie sent a written acceptance via e- mail with his initials added a signature at the end of the email message. No terms were disputed and the acceptance confirmed The General Electric Company would make its subsidiary GE Transportation L.L.C. pay $350,000 for the buy out of the lease and its GE Capital subsidiary provide the $6.4 million dollar mortgage and closing at 5.4% for twenty years with a first year moratorium on payments. 352. George Frickie!s signed written acceptance referenced the proposal he had received from Medical Supply earlier that day. 353. This set of documents became a bilateral contract completed with the last act exchanging mutual promises (D.L. Peoples Group, Inc. v. Hawley, — So.2d — (2002 WL 63351, Ct. App., Fla., 2002) enforceable for the sale of the lease interest and the benefit of the bargain obtained by Medical Supply under its clear and complete terms meeting the writing requirements of a real estate purchase contract in Missouri and the writing and definiteness requirement of a credit agreement under Missouri statute RMS 432.045.2. 354. The formation of an enforceable contract in a set of documents created in correspondence is well settled See Estate of Younge v. Huysmans, 127 N.H. 461, 465-66, 506 A.2d 282, 284-85 (1965). 355. Since state law requires a writing, the e-mail acceptance and signature of George Frickie is valid and enforceable under 15 USC §7001, the federal Electronic Signatures in Global and National Commerce Act, widely known as "E-SIGN." Section 101(a) of E-SIGN states that: "(1) a signature, contract, or other record relating to such transaction may not be denied legal
61
241
effect, validity, or enforceability solely because it is in electronic form; and (2) a contract relating to such transaction may not be denied legal effect, validity, or enforceability solely because an electronic signature or electronic record was used in its formation."
c. Mutual Consideration Through Exchange of Promises 356. Medical Supply performed as required, introducing itself to the City of Blue Springs Economic Development. 357. The City of Blue Springs Economic Development Director approved of the use of the building for a national corporate headquarters of a hospital supply chain technology company capable of producing above living wage jobs for the community. 358. The City of Blue Springs Attorney agreed that the proposed use was suitable. 359. Samuel K. Lipari committed to purchase the building from its owner in reliance on the contract with GE Transportation made open partial performance of the contract by opening the building for a three-hour briefing on the operation and maintenance of the building!s complex systems. 360. This briefing was made by GE Transportation!s Blue Springs property manager and the building!s maintenance engineer, both of whom told Medical Supply!s Samuel K. Lipari that they had been terminated and will be leaving employment with GE Transportation the following month because they were no longer needed. 361. GE Capital partially performed as required and made an appointment with Samuel K. Lipari in its Overland Park, Kansas office where Samuel K. Lipari took the building!s blueprints furnished him by GE Transportation, the building!s physical description and photo furnished by George Frickie of GE corporate and Medical Supply!s corporate records for the loan. 362. The GE Capital loan officer Mr. Douglas McKay discussed the terms and questioned Samuel K. Lipari in detail about the US Bank lawsuit. Samuel K. Lipari explained why under the threat by US Bank of a malicious USA PATRIOT ACT suspicious activity report, Medical Supply could not risk going to a bank until the lawsuit was settled.
62
242
363. Mr. McKAY agreed the USA PATRIOT ACT had no valid relationship to Medical Supply!s involvement with US Bank and stated he would obtain the additional requirements GE Capital required from George Frickie and GE Transportation. Mr. McKAY indicated it could take longer to close but he would check into it. 364. Medical Supply communicated to its stakeholders, business associates, potential customers, and the owners of the building that it had obtained the financing and made commitments in reliance of GE!s performance on the contract.
d. Indications of Repudiation 365. No letter similar to that which Mr. McKAY had described was received from GE Capital by the June 15th contract deadline and no notice of rejection of credit has been received. 366. George Frickie communicated by phone and e-mail that the GE Capital performance would be at arm!s length but since the financing was the benefit bargained for by Medical Supply, this did not contradict the contract.
e. Breach 367. When doubts about GE!s intent to honor the contract arose, counsel for GE, GE Transportation and GE Capital each refused to confirm the repudiation. 368. The proposal accepted by George Frickie on behalf of GE!s business leaders contained the executive summary of Medical Supply!s business plan, including an explanation of the antitrust lawsuit with US Bancorp, et al and the financial projections for Medical Supply!s entry into the market. 369. The GE defendants willfully breached their contract with Medical Supply Chain, Inc. and Samuel K. Lipari with full knowledge of the benefit of the bargain negotiated upon by Samuel K. Lipari and his expectations in reliance upon the contract.
2. CAUSE OF ACTION FOR INTERFERENCE WITH BUSINESS EXPECTANCIES
63
243
370. The petitioner hereby includes and reasserts all factual averments from the four corners of the complaint and also avers the following for this claim: 371. The General Electric defendants through their agents Seyfarth Shaw a RICO enterprise defendant in this action and Alcoa intentionally interfered with the petitioner!s business expectancy in capitalizing his third attempt to enter the market for hospital supplies. 372. The petitioner had (1) an oral contract with Michael W. Lynch to obtain and use his services, connections and reputation in locating a publicly traded company to merge with to underwrite the costs of entering the hospital supply market; 373. The petitioner had a valid business relationship with Michael W. Lynch and the expectancy Because of the GE defendants use and the use of their agents Seyfarth Shaw and Alcoa of wire tapping, private investigators, breaking an entry, government sourced intelligence and the internal court information obtained through Arizona operatives, (2) the GE defendants had knowledge of the contract or relationship between the petitioner and Michael W. Lynch; 374. The petitioner attempted to aid Michael W. Lynch in the attacks on his reputation and the assets of his family members and associates and located an expert witness Sydney J. Perciful to assist Michael W. Lynch, unintentionally causing the petitioner!s relationship and business expectancy with Michael W. Lynch to become known to the GE defendants. 375. The General Electric defendants through their agents Seyfarth Shaw and Alcoa (3) intentionally interfered with Michael W. Lynch by destroying his reputation by causing him to be jailed, terrorizing Lynch!s wife and putting Lynch in fear for the safety of his family, trying to seize the property of Lynch!s family home and the property of his brother and interfering with the payroll of Lynch!s brother!s plastics factory all for the purpose of inducing or causing a breach of Michael W. Lynch!s contracts and relationships with the petitioner; 376. The General Electric defendants through their agents Seyfarth Shaw and Alcoa took these actions against the relationships and contracts between Michael W. Lynch!s contracts and relationships with the petitioner in the (4) the absence of justification; and
64
244
377. The General Electric defendants caused (5) damages to the petitioner, resulting from the defendant's conduct that included the immediate loss of $300,000.00 the petitioner required to capitalize his entry into the hospital supply market and the two hundred million dollars the petitioner would have received after splitting with the publicly traded company his profits from four years of selling hospital supply products to hospitals. 378. The petitioner hereby includes and reasserts all factual averments from the four corners of the complaint and also avers the following for this claim: 379. The General Electric defendants intentionally interfered with the petitioner!s business expectancy in the capital that was to be used to fund the petitioner!s first attempt at entry into the hospital supply market including denying the petitioner the return of the $300,000.00 raised for escrow accounts. 380. The petitioner had (1) a written contract with US Bank and US Bancorp to capitalize his entry into the hospital supply market, a relationship with US Bank as the petitioner!s bank and an expectancy that that relationship would facilitate his entry into the hospital supply market. 381. The General Electric defendants had (2) knowledge of the contracts, agreements and relationship between the petitioner and US Bank, US Bancorp and Piper Jaffray. 382. The General Electric defendants (3) intentionally interfered with the petitioner obtaining performance of the contract or agreement between the petitioner and US Bank, US Bancorp and Piper Jaffray contracts and relationships with the petitioner by assisting and coordinating the US Bank defendants defense in the (4) the absence of justification where there was no legal excuse for nonperformance of the US Bank and US Bancorp contracts and agreements and the GE defendants were not subject to liability or even named defendants in the action; and 383. The General Electric defendants caused (5) damages to the petitioner, resulting from the defendant's conduct that included the immediate loss of $300,000.00 the petitioner required to capitalize his entry into the hospital supply market and the four hundred and fifty million dollars the petitioner would have received after four years of selling hospital supply products to hospitals.
65
245
VIII. Prayer for Relief 384. Under Anuhco, Inc. v. Westinghouse Credit Corp., 883 S.W.2d 910 (Mo App 1994) GE is responsible for the expectation damages of the forward projections that it had accepted at the time it entered into contract with Medical Supply. Medical Supply is able to prove it!s projected profits with reasonable certainty. 385. Lost future profits may be used as a method of calculating damage where no other reliable method of valuing the business is available, see Albrecht v. The Herald Co., 452 F.2d 124 at 129 (8th Cir. 1971).
A. Expectation Damages 386. The monetary relief sought is the contract expectation damages as determined by the business plan summary and forward financials in possession of GE at the time the proposal was accepted and the contract was formed from the GE defendants. 387. Samuel K. Lipari seeks the lost profits that can be determined with reasonable certainty that it would have made for the next four years of operations, had it been allowed to enter the market from the GE defendants. 388. In addition to this amount, Samuel K. Lipari seeks the equity it would have gained from the purchase of the building, and the cash payment for the remainder of the lease from the GE defendants. 389. The GE defendants injured the petitioner through interference with his business expectancy with Michael W. Lynch resulting in two hundred million dollars ($200,000,000.00) to the plaintiff Samuel K. Lipari. 390. The GE defendants injured the petitioner through interference with his business expectancy with US Bank and US Bancorp resulting in four hundred and fifty million dollars ($450,000,000.00) to the plaintiff Samuel K. Lipari, or some lesser difference depending upon the success of the GE Defendants interference. 391. The total damages from the GE Defendants sought by the plaintiff Samuel K. Lipari for
66
246
contract and interference with business expectancy claims is seven hundred million dollars ($700,000,000.00).
B. RICO Damages Under 18 U.S.C. § 1964 392. The petitioner was repeatedly injured by the above-described predicate acts in violation of section 1962. 393. The petitioner would not have been injured but for the defendants! repeated violations of section 1962. 394. The petitioner was injured as a proximate cause of the defendants! repeated violations of section 1962. 395. The petitioner was injured in his business and property from the defendants! repeated violations of section 1962. 396. The plaintiff is entitled to joint and several redress from the defendants of four hundred and fifty million dollars ($450,000,000.00), trebled under 18 U.S.C. § 1964 to an amount of one billion, three hundred and fifty million dollars ($1,350.000.000.00 dollars).
C. RICO Disgorgement Under 18 U.S.C. § 1964 397. The plaintiff seeks that General Electric divest itself of all healthcare business units and companies including GE Health. 398. The plaintiff seeks that General Electric divest itself of any ownership interests in any hospital supply company including GHX, LLC. 399. The plaintiff seeks that GE Capital!s note funding the taking of Neoforma, Inc. private to obstruct justice be sold in thirty days from judgment to a non GE purchaser. 400. The plaintiff seeks that the following corporate officers and directors of General Electric be barred for life from any control or ownership interest in the divested General Electric healthcare business units: James I. Cash, Jr., William M. Castell, Ann M. Fudge, Claudio X. Gonzalez, Susan Hockfield, Jeffrey R. Immelt, Andrea Jung, Alan G. Lafley, Robert W. Lane, Ralph S.
67
247
Larsen, Rochelle B. Lazarus, Michael A. Neal, Sam Nunn, Roger S. Penske, John G. Rice, Keith S. Sherin, Robert J. Swieringa, Douglas A. Warner III, Robert C. Wright, Joe Hogan and Jack Welch.
D. Specific Performance 401. Samuel K. Lipari seeks the leasehold currently occupied by Heartland Financial be vacated. 402. Samuel K. Lipari seeks that the court orders CARPET & MORE to make whole Heartland Financial for the loss of their lease and or ownership. 403. The plaintiff seeks any other relief the court believes is just.
Respectfully Submitted, S/ Samuel K. Lipari ____________________ Samuel K. Lipari 297 NE Bayview Lee's Summit, MO 64064 816-365-1306
[email protected] Pro se
REQUEST FOR JURY The plaintiff respectfully requests a jury decide all questions of fact. S/ Samuel K. Lipari ____________________ Samuel K. Lipari
68
248
CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and accurate copy of the foregoing instrument was forwarded this 7th day of December, 2007, by first class mail postage prepaid to:
John K. Power #35312 Leonard L. Wagner #39783 Michael S. Hargens #51077 Husch & Eppenberger, LLC 1700 One Kansas City Place 1200 Main Street Kansas City, MO 64105-2122 ATTORNEYS FOR GENERAL ELECTRIC COMPANY, GENERAL ELECTRIC CAPITAL BUSINESS ASSET FUNDING CORPORATION AND GE TRANSPORTATION SYSTEMS GLOBAL SIGNALING, LLC S/ Samuel K. Lipari ____________________ Samuel K. Lipari 297 NE Bayview Lee's Summit, MO 64064 816-365-1306
[email protected] Pro se
249
250
T e x
Supp. Apdx. 16
251
252
253
254
255
256
Supp. Apdx. 16 Exb 1
257
258
Supp. Apdx. 16 Exb 2
259
260
261
262
263
264
265
266
267
268
269
270
271
272
273
274
275
276
277
278
279
280
281
282
283
284
285
286
287
288
289
290
291
292
293
294
295
296
297
298
299
300
301
302
303
304
305
306
307
308
309
310
311
312
313
314
315
316
317
318
319
320
321
322
323
324
325
326
327
328
329
330
331
332
333
334
335
336
337
338
339
340
341
