A U.S. District Court judge on Friday rejected a Van Buren drug store's request for a temporary restraining order against a supplier that cut off sales of controlled substances.
Manes’ Pharmacy Inc., which operates Super Sav Drug #3 at 2215 Alma Highway, asked for the temporary restraining order against AmerisourceBergen Drug Corp. of Conshohocken, Pennsylvania, which stopped selling Manes' controlled substances on Nov. 30, according to court records filed in U.S. District Court in Fort Smith.
“Here, Manes has not shown irreparable harm that would justify entry of a temporary restraining order,” U.S. District Judge P.K. Holmes III wrote in his five-page opinion and order.
“Furthermore, given the record currently before it, the Court is skeptical that Manes is actually in imminent danger of shuttering its doors,” he wrote.
Holmes, however, said that he will defer ruling on Manes’ request for a preliminary injunction until an evidentiary hearing is held.
As of Monday morning, that date hadn’t been set.
On Dec. 2, Manes’ sued AmerisourceBergen in Crawford County Circuit Court over allegations that included breach of contract. Manes’ also asked for a temporary restraining order and preliminary injunction to prevent AmerisourceBergen from cutting off sales of a controlled substance to Manes’.
The dispute started on Nov. 2, when AmerisourceBergen sent a letter to Super Sav Drug and said it was concerned about the drug store’s sales of controlled substances, “which may place both AB and our customer at risk for regulatory action by state and/or federal agencies.”
Some of AmerisourceBergen’s concerns included the pharmacy dispensing controlled substances for chronic pain therapy prescribed by family or general medicine practitioners and dispensing controlled substances to a dentist in large quantities, according to the letter, which Manes filed in the case. Manes denied the allegations.
Manes' is represented by the law firm Caddell Reynolds of Fort Smith. AmerisourceBergen is represented by the firms Reed Smith LLP of Pittsburgh and Lax Vaughan Fortson Rowe & Threet of Little Rock.
