Free Letter - District Court of Delaware - Delaware

Case 1 :07-cv—00824-GIVIS Document 10 Filed 12/21 /2007 Page 1 of 3
COZEN
O’CON NOR
ATTO R N EYS
A PROFESSIONAL CORPORATION
SUITE 1400 CHASE MANHATTAN CENTRE 1201 NORTH MARKET STREET WILMINGTON, or 19801-1147
$02.2952000 B88207.2440 3022952013 FAX www.cozen.com
December 21, 2007 David A. Felice
Direct Phone 302.295.20ll
rr F x $66776.8911
H-ect ;[email protected]
The Honorable Gregory M. Sleet
United States District Court
844 North King Street
Lockbox 19
Wilmington, DE 19801
Re: Community Drugstore, LLC v. Cardinal Health 110, Inc.; C.A. N0. 07-824-UNA
Dear Chief Judge Sleet:
Attached hereto is the parties’ agreed-upon Permanent lnjunction. The parties request
that this Order be entered in the above-referenced action.
As always, should Your Honor have any questions or concems about this matter, counsel
is available at Your Honor’s convenience.
Respectfully,
initrd/4.E`4/»¤.~
David A. Felice (#4090)
DAF/ssl
Enclosure
cc: Clerk (via E CF)
Thomas L. Long, Esquire
Raymond H. Lemsich, Esquire
Robert W. Hayes, Esquire
Sarah E. Davies, Esquire

Case 1:07-cv—00824-G|\/IS Document 10 Filed 12/21/2007 Page 2 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
Community Drugstore, LLC,
Plaintiff, CIVIL ACTION NO. 07-824-UNA.
vs.
Cardinal Health 1 10, Inc.,
Defendant.
PERMANENT INJUNCTION
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 consultant’s 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 Plaintiffs Motion for Temporary Restraining
Order was reconvened. During the December 20, 2007 hearing, Defendant’s counsel indicated
Defendant had completed its review of Plaintiff and, based on its review, was not willing to
voluntarily restore Plaintiff as a customer.

Case 1:07-cv—00824-G|\/IS Document 10 Filed 12/21/2007 Page 3 of 3
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:
(l) 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 agreement 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 Health’s Customer compliance Representations Warranty form, a copy of
which has been provided by Cardinal Health to Community Drugstore on December 2l, 2007;
and
(5) This Court shall have continuing jurisdiction to enforce this order.
(6) This matter is hereby dismissed.
JUDGE
-2-

Case 1:07-cv-00824-GMS

Document 10

Filed 12/21/2007

Page 1 of 3

Case 1:07-cv-00824-GMS

Document 10

Filed 12/21/2007

Page 2 of 3

Case 1:07-cv-00824-GMS

Document 10

Filed 12/21/2007

Page 3 of 3