Free Permanent Injunction - District Court of Delaware - Delaware


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Date: December 21, 2007
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State: Delaware
Category: District Court of Delaware
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p _ Case 1:07-cv-00824-GIVIS Document 9 Filed 12/21/2007 Page 1 of 2 _
. IN TI-IE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
Community Drugstore, LLC,
1 Plaintiff, CIVIL ACTION N0. 07-824-UNA.
vs. l
Cardinal I-Icelth 110, Inc.,
» Defendant.

This matter first came on for hearing on Tuesday, December 18, 2007 on Plaintiff}
Community Drugstore, LLC’s request for Temporary Restraining Order. At that hearing
. Defendant Cardinal Health, 110, Inc. indicated it was completing its customer review process
with an independent consultenfs inspection of Plaintiff later on December 18, 2007. As a result
the Court continued the hearing until December 20, 2007.
On December 20, 2007, the hearing on Pl¤intii:T’s Motion for Temporary Restraining
Order was reoonvened. During the December 20, 2007 hearing, Defeudant’s counsel indicated
Defendant lied completed its review of Plaintiff md, based on its review, was not willing to ‘
voluntarily restore Plaintiifes a customer.

Case 1:07-cv-00824-Gl\/IS Document 9 Filed 12/21/2007 Page 2 of 2
Following the presentation by Plaintiff and Defendant the Court indicated it would enter
an order restoring Plaintiff as a customer of Defendant under the pre-existing agreement between
Plaintiff and Defendant, but asked the parties to prepare an order for the Court, which serves to
ensure the proper supply of prescription drug products to Plaintiff in the future.
The Court hereby orders:
(1) Cardinal Health is to restore Community Drugstore LLC as a customer under the
preexisting agreement between Cardinal Health and Community Drugstore;
(2) Community Drugstore shall, at its option, continue its relationship with Cardinal
Health under the preexisting ageement or shall seek to obtain a different supply source other
than Cardinal Health to meet its requirements;
(3) In the event that Community Drugstore elects to seek a different supplier,
Cardinal Health will excuse Community Drugstore from its obligation to purchase 95% of its
requirements from Cardinal Health, and Cardinal Health will continue to supply Community
Drugstore in accordance with the agreement during the transition period to the new supplier;
(4) As a customer of Cardinal Health, Community Drugstore will complete and
comply with Cardinal I-lealth’s Customer compliance Representations Warranty form, a copy of
which has been provided by Cardinal Health to Community Dnrgstore on December 21, 2007;
and
(5) This Court shall have continuing jurisdiction to enibrce this order.
(6) This matter is hereby ”
DEC 2 l 2007 JUDGE
¤lé$al’$lil§‘é%'Efl’l’l2lE _2_

Case 1:07-cv-00824-GMS

Document 9

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Case 1:07-cv-00824-GMS

Document 9

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