United Pain Care LTD v. Cardinal Health 110 Inc et al

Filing 5

ORDER denying Plaintiff's request for a temporary restraining order; directing Plaintiff to serve defendants with the complaint and a copy of this order; and, scheduling a hearing on the request for the temporary injunction on 1/30/2013 at 2:00 p.m. in courtroom 2D. Signed by Chief Judge Brian S. Miller on 1/18/2013. (thd)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
UNITED PAIN CARE, LTD.,
d/b/a United Pharmacy
v.

PLAINTIFF

CASE NO. 4:13CV00029 BSM

CARDINAL HEALTH 110, INC. et al.

DEFENDANTS

ORDER
Plaintiff United Pain Care’s (“United”) request for a temporary restraining order is
denied and United is directed to serve defendants Cardinal Health 100, Inc. and Cardinal
Health 411, Inc. (hereinafter collectively referred to as “Cardinal”) with the complaint and
a copy of this order. A hearing will be conducted on United’s request for temporary
injunction on January 30, 2013, at 2:00 p.m., in the Richard Sheppard Arnold United States
Courthouse in courtroom 2D. The parties are requested to bring live witnesses.
“[W]hether a preliminary injunction should issue involves consideration of (1) the
threat of irreparable harm to the movant; (2) the state of balance between this harm and the
injury that granting the injunction will inflict on other parties litigant; (3) the probability that
movant will succeed on the merits; and (4) the public interest.” Dataphase Sys., Inc. v. C L
Sys., Inc., 640 F.2d 109, 113 (8th Cir. 1981). “In balancing the equities, no single factor is
determinative.” Id. at 114. “At base, the question is whether the balance of equities so favors
the movant that justice requires the court to intervene to preserve the status quo until the
merits are determined.” Id.
United alleges that Cardinal ceased shipping controlled prescription medication to

United for use in its pharmacy and suspended the distribution agreement between the parties.
Complaint (“Compl.”) [Doc. No. 1] at 3-6. After Cardinal conducted an audit of United’s
pharmacy, Cardinal determined that United’s prescription sales were above normal for
United’s size and location, and therefore, Cardinal suspended its agreement. United filed the
present request asking that Cardinal be required to resume its shipments to United as
provided by the parties’ distribution agreement. Compl. at 8-13.
United’s request for a temporary restraining order is denied because, without hearing
testimony from the parties and reviewing the documents, it is impossible to determine that
United will suffer irreparable harm and that United is likely to succeed on the merits.
IT IS SO ORDERED this 18th day of January 2013.

________________________________
UNITED STATES DISTRICT JUDGE

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