Russolillo

AMENDED ORDER DENYING DEFENDANTS’ MOTIONS TO DISMISS

Presently before the Court is Defendants CVS Corporation, Rite Aid Corporation, and Quality King’s Motion to Dismiss Sebastian International’s First Amended Complaint. Having read the Moving Papers, the Opposition, and the Reply, as well as having heard oral argument on November 27, the Court hereby denies Defendants’ Motions to Dismiss for the following reasons.

I.

Procedural and Factual Background

On March 31, 2000, Plaintiff Sebastian International, Inc. filed a Complaint in this Court alleging fourteen different causes of action. A flurry of Motions to Dismiss followed, all of which were heard on July 31, 2000. On August 25, this Court dismissed inter alia Plaintiffs claims for violation of the Racketeer Influenced and Corrupt Organizations Acts (“RICO”) 18 U.S.C. §§ 1962 (a) and (b) and Plaintiffs common law claim for intentional interference with prospective economic advantage. On September 22, Plaintiff filed a First Amended Complaint repleading all of the above previously dismissed claims.

The facts of this case were set out in this Court’s last order, and shall only be discussed summarily at this time. Plaintiff…