CZ Services, Inc. v. Express Scripts Holding Company

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 3 CZ SERVICES, INC., et al., Case No. 3:18-cv-04217-JD

Plaintiffs,

ORDER RE JURY INSTRUCTIONS

v. AND VERDICT FORM

EXPRESS SCRIPTS HOLDING COMPANY, et al., 8 Defendants.

9 Plaintiffs have now rested and the close of evidence is imminent. This order identifies the claims the jury will be asked to decide in light of the trial record. 1. Intentional and Negligent Interference with Prospective Economic Relations: The Court has doubts about the sufficiency of plaintiffs’ evidence for an identifiable class of CZ Services, Inc. and CareZone Pharmacy LLC’s (collectively CZ) customers beyond the pharmacies’ existing ESI customers. Even so, the Court will let the intentional and negligent interference with prospective economic relations claims go to the jury. For the requirement that plaintiffs identify an independently wrongful act by the defendants, see Roy Allan Slurry Seal, Inc. v. Am. Asphalt S., Inc., 2 Cal. 5th 505, 512 (2017), plaintiffs rely on…