Opinion
01 C 2775
November 7, 2001
On June 6, 2001, I found that the restrictive covenant contained in Section 12.6.1(a) of the Joint Venture Agreement is unenforceable, except with respect to Shorewood Packaging Corporation, AGI Klearfold, and their respective affiliates, as to which the restrictive covenant will be enforceable as written. The restraint will remain in place until May 15, 2005.
Count II is dismissed without prejudice because it is moot. Count II of the Complaint sought not damages for an alleged breach of contract, but rather a declaration that Ackerman's obligations were discharged because of Flint's material breach. See Compl. ¶ 99; Pl,'s Mem. of Law in Supp. of its Compl. for Declaratory J. at 13. This is the same relief requested in Count I upon which I have already ruled.
Final judgment is entered on Count I. Count II is dismissed without prejudice. The Joint Motion for Clarification is granted.