and effectively closed him out of the market. As such, Noah filed a four count complaint against Enesco alleging both fraud, misappropriation of a trade secret, unjust enrichment and injunctive relief. Enesco has filed this motion for judgment on the pleadings as to Noah's unjust enrichment and injunctive relief counts. While Noah has filed a motion for summary judgment as to all counts, the Court will address Noah's motion only as it applies to Counts III and IV in this opinion.
Rule 12(c) of the Federal Rules of Civil Procedure allows for judgment on the pleadings when, while viewing the facts in the light most favorable to the non-moving party, it is beyond doubt that the non-moving party cannot plead facts in support of his cause of action. United States v. Wood, 925 F.2d 1580 (7th Cir. 1991). In addition, "[a] party is entitled to judgment on the pleadings only if that party 'clearly establishes that no material issue of fact remains to be resolved and that he or she is entitled to judgment as a matter of law.'" Grossman v. Minnesota Mut. Life Ins. Co., 842 F. Supp. 308, 309 (N.D. Ill. 1993), citing National Fidelity Life Ins. Co. v. Karaganis, 811 F.2d 357, 358 (7th Cir. 1987).
I. COUNT III UNJUST ENRICHMENT
In Count III of his complaint, Noah brings a claim for unjust enrichment. It is well established that unjust enrichment is an equitable concept based upon a contract implied in law. HPI Health Care Services, Inc. v. Mt. Vernon Hospital, Inc., 131 Ill. 2d 145, 545 N.E.2d 672, 679, 137 Ill. Dec. 19 (Ill. 1989). In Illinois, a plaintiff who alleges that a defendant has unjustly retained a benefit to the plaintiff's detriment, and that defendant's retention of the benefit offends the traditional notions of justice, equity and good conscience states a cause of action based upon unjust enrichment. Id.; see also, Kenneke v. First National Bank, 65 Ill. App. 3d 10, 382 N.E.2d 309, 21 Ill. Dec. 945 (Ill. App. 1978). The Illinois Supreme Courts has held that "because unjust enrichment is based on an implied contract, 'where there is a specific contract which governs the relationship of the parties, the doctrine of unjust enrichment has no application.'" People v. E&E Hauling, Inc., 153 Ill. 2d 473, 607 N.E.2d 165, 177, 180 Ill. Dec. 271 (Ill. 1992) quoting Brooks v. Valley National Bank, 113 Ariz. 169, 548 P.2d 1166, 1171 (Ariz. 1976).
In the instant case, the relationship between Noah and Enesco was governed by a series of contracts. Specifically, the December 4th non-disclosure agreement encompassed the parties' confidentiality understandings and the January 10th agreement encompassed the parties' understanding as to whether Enesco would pursue the license. As such, the doctrine of unjust enrichment has no application in the instant case. Therefore, the defendant's motion is granted.
COUNT IV INJUNCTIVE RELIEF
In Count IV of his complaint, Noah brings an action for injunctive relief. Enesco contends that it is entitled to judgment as a matter of law because a claim for injunctive relief is not a cause of action at all, but rather a remedy. In response, Noah merely sets forth the test for determining when a party is entitled to injunctive relief.
By its very name, it is apparent that injunctive relief is a remedy. Where a party has a legal right threatened by irreparable harm and there is no adequate remedy at law, a party may seek an injunction. Noah, however, fails to state a claim merely by stating that he is entitled to injunctive relief. An injunction is a remedy, not a cause of action. After resolution of the motions pending before it, the Court finds that Plaintiff asserts no claim upon which injunctive or any other type of relief may be granted. As Count IV fails to state a cause of action upon which relief may be granted, Defendant's motion for judgment on the pleadings is granted. Plaintiff's motion for summary judgment is denied.
For the reasons stated above, Defendant's motion for judgment on the pleadings is granted. Plaintiff's motion for summary judgment is denied.
Charles P. Kocoras
United States District Judge
Dated: September 11, 1995