IN THE CIRCUIT COURT OF PULASKI COUNTY, ARKANSAS
FIFTH DIVISION

MCKESSON MEDICAL-SURGICAL INC.

V.

PLAINTIFF

Case No. 60CV-17-1921

STATE OF ARKANSAS; ARKANSAS
DEPARTMENT OF CORRECTION;
ASA HUTCHINSON, Governor of the State
of Arkansas, in his official capacity; and
WENDY KELLEY, Director,
Arkansas Department of Correction, in
her official capacity.

DEFENDANTS

PLAINTIFF’S MOTION TO VACATE TEMPORARY RESTRAINING ORDER AND
FOR VOLUNTARY NONSUIT AND DISMISSAL WITHOUT PREJUDICE
Plaintiff McKesson Medical-Surgical Inc. (“McKesson”), for its motion to vacate
temporary restraining order and for voluntary nonsuit and dismissal without prejudice states:
1.

McKesson filed a Complaint in this case on April 14, 2017, containing a

request for injunctive relief and return of its property.
2.

McKesson’s Complaint was accompanied by a motion for a temporary

restraining order, which the Court granted on April 14, 2017. The Court ordered the Defendants
not to use McKesson’s property until a hearing could be held on April 18, 2017, at 9:00 a.m.
3.

On April 15, 2017, the United States District Court for the Eastern District

of Arkansas issued a Preliminary Injunction prohibiting the Defendants from proceeding with
planned executions that would have used McKesson’s property. See Preliminary Injunction
Order (Doc. 54) (attached hereto as Exhibit A).

 4.

The imminent danger that Defendants would use McKesson’s property

and be unable to return it has been addressed by the Federal Court’s Preliminary Injunction
Order. Consequently, there is no need for the temporary restraining order at this time.
McKesson therefore respectfully requests that it be vacated.
5.

Pursuant to Rule 41(a) of the Arkansas Rules of Civil Procedure,

McKesson voluntarily dismisses its lawsuit without prejudice.

A proposed order vacating the

temporary restraining order and dismissing this case without prejudice is attached hereto as
Exhibit B.
6.

The statements above fully represent the position of McKesson and

alleviate any need for a brief in support of this motion.
WHEREFORE, McKesson Medical-Surgical Inc. respectfully requests that its
Motion to Vacate Temporary Restraining Order And For Voluntary Nonsuit and Dismissal
Without Prejudice be granted, and for all other just and proper relief.

Dated: April 15, 2017

Respectfully submitted,
QUATTLEBAUM, GROOMS & TULL
PLLC
111 Center Street, Suite 1900
Little Rock, AR 72201
(501) 379-1700
squattlebaum@qgtlaw.com
mshannon@qgtlaw.com
mheister@qgtlaw.com
By:

/s/Steven W. Quattlebaum
Steven W. Quattlebaum (84127)
Michael N. Shannon (92186)
Michael B. Heister (2002091)

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 COVINGTON & BURLING LLP
One CityCenter
850 Tenth Street, NW
Washington, DC 20001-4956
Tel: (202) 662-5463
eposner@cov.com
cdenig@cov.com
brazi@cov.com
jdougherty@cov.com
jcloar@cov.com
By: [PRO HAC MOTION TO BE FILED]
Ethan Posner
Christopher Denig
Benjamin J. Razi
Jon-Michael Dougherty
Jonathan L. Cloar (2013102)

Counsel for Plaintiff McKesson Medical-Surgical,
Inc.

CERTIFICATE OF SERVICE
The undersigned hereby certifies that a true and correct copy of the foregoing was served
by email on counsel listed below and filed electronically on April 15, 2017:

Lee P. Rudofsky
Nicholas Bronni
Colin Jorgensen
ARKANSAS ATTORNEY GENERAL’S OFFICE
323 Center Street, Suite 200
Little Rock, Arkansas 72201
Lee.rudofsky@arkansasAG.gov
Nicholas.Bronni@ArkansasAG.gov
Colin.Jorgensen@ArkansasAG.gov

/s/Steven W. Quattlebaum

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