Juell

MEMORANDUM AND ORDER

This matter is before the court on defendants’ Forest Pharmaceuticals, Inc. (“Forest”) and David Williams (“Williams”) motion for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure. Plaintiff Eric Edward Juell (“Juell”) opposes defendants’ motion. For the reasons set forth below, defendants’ motion is DENIED.

BACKGROUND

Plaintiff Eric Edward Juell was born on February 8, 1958. (Juell Aff. ¶ 1). Plaintiff was hired by defendant Forest in June 1991 as a Territory Sales Representative. (UF ¶ 1). Forest manufactures and markets various prescription pharmaceutical products throughout the United States. (UF ¶ 1). After approximately five years with Forest, plaintiff was promoted to the position of Manager of Specialty Markets (“MSM”). (UF ¶ 2). As an MSM, plaintiff’s primary responsibilities were to identify and develop working relationships with HMOs, to contract Forest’s pharmaceutical products in a positive formulary position, and to work with Forest’s sales force in the field. (Juell Aff. ¶ 6). Plaintiff was also required to call on HMOs, pharmacy benefit management companies (“PBM”s), and medical groups, communicate in writing and…