Russolillo

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT RITE AID CORPORATION’S AND CVS CORPORATION’S MOTION FOR PARTIAL SUMMARY JUDGMENT

Present before the Court is Defendant Rite Aid Corporation’s and CVS Corporation’s Motion for Partial Summary Judgment. Having reviewed the parties’ papers, all evidence submitted therewith, and after hearing oral argument, the Court 1) denies summary judgment of Plaintiffs claim for intentional interference with contractual relations and conspiracy, and 2) grants summary judgment of Plaintiffs claim for intentional interference with prospective economic advantage and conspiracy.

I

Factual Background

Plaintiff Sebastian International (“Sebastian” or “Plaintiff’), a California corporation, is a designer and distributor of professional hair care products including hair sprays, shampoos, conditioners, coloring gels, and mousse. Sebastian does not distribute its products through retailers. Instead, Sebastian produces its products for use and sale at hair care salons and beauty schools. As part of this “salon-only” distribution scheme, salons and schools are contractually obligated to sell Sebastian products only to consumer clientele, and not to…