IN THE CIRCUIT COURT OF ST. LOUIS COUNTY
STATE OF MISSOURI
JAMES ALLMAN,
Plaintiff,

Cause No.
Div.No.

v.
EMMIS COMMUNICATIONS
CORPORATION,
Serve at: 40 Monument Circle, Suite 700
Indianapolis, Indiana 46204

EMMIS RADIO, LLC,
Serve at: The Corporation Company
120 South Central Avenue
Clayton, Missouri 63105

EMMIS RADIO LICENSE, LLC,
Serve at: 40 Monument Circle, Suite 700
Indianapolis, Indiana 46204

ENTERCOM COMMUNICATIONS
CORP.,
Serve at: CT Corporation System
120 South Central Avenue
Clayton, Missouri 63105

ENTERCOM MISSOURI, LLC,
Serve at: CT Corporation System
120 South Central Avenue
Clayton, Missouri 63105

and
ENTERCOM LICENSE, LLC,
Serve at: The Corporation Trust Company
Corporation Trust Center
1209 Orange Street
Wilmington, Delaware 19801

Defendants.

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18SL-CC01714

 COMES NOW Plaintiff James Ailman, by and through undersigned counsel, and, for his
Petition, does hereby state as follows:
JURISDICTION AND VENUE
1.
art. V,

§

This Court has subject-matter jurisdiction over this cause of action. Mo. Const.

14a "The circuit courts shall have original jurisdiction over all cases and matters, civil

and criminal.".
2.

This Court has personal jurisdiction over the Defendants, whether domestic or

foreign, because the Defendants, whether individually or collectively, transacted and continue to
transact business within the State; made a contract within the State; committed a tortious act
within the State; and own, use, or possess real estate within the State. Section 506.500. 1 RSMo
2016.
3.

Venue is proper in this Court pursuant to 508.010.4 RSMo 2016.
PARTIES

4.

Plaintiff James Allman, also known as "Jamie" Allman hereinafter referred to as

"Plaintiff’ is a natural person, United States citizen, and resident of the State of Missouri. At all
times relevant herein, Plaintiff resided in St. Louis County, Missouri.
5.

Defendant Emmis Communications Corporation hereinafter referred to as

"Emmis" is a for-profit corporation organized in and existing under the laws of the State of
Indiana, with its registered office and agent in the City of Indianapolis, State of Indiana.
6.

Defendant Emmis Radio, LLC hereinafter referred to as "Emmis Radio", having

previously been organized in and existing under the laws ofthe State of Indiana, is a duly
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PETITION

 registered agent located in St. Louis County.
7.

Defendant Emmis Radio License, LLC hereinafter referred to as "Emmis

License" is a limited liability company organized in and existing under the laws of the State of
Indiana, with its registered office and registered agent in the City of Indianapolis, State of
Indiana.
8.

Defendant Entercom Communications Corp. hereinafter referred to as

"Entercom", having previously been organized in and existing under the laws of the
Commonwealth ofPennsylvania, is a duly registered foreign corporation under the laws of the
State of Missouri, with its registered office and registered agent located in St. Louis County.
9.

Defendant Entercom Missouri, LLC hereinafter referred to as "Entercom

Missouri", having previously been organized in and existing under the laws of the State of
Delaware, is a duly registered foreign limited liability company under the laws ofthe State of
Missouri, with its registered office and registered agent located in St. Louis County.
10.

Defendant Entercom License, LLC hereinafter referred to as "Entercom License"

is a limited liability company organized in and existing under the laws ofthe State of Delaware,
with its registered office and registered agent in the County of Wilmington, State of Delaware.
BACKGROUND AND FACTS RELEVANT TO ALL COUNTS
11.

Emmis is a diversified communications and media company primarily focused on

radio broadcasting in large- and medium-sized markets throughout the United States. By and
through Emmis Operating Company, Emmis wholly owns various radio entities and subsidiaries,
including, but not limited to, Emmis Radio and Emmis License.

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registered foreign limited liability company under the laws ofthe State of Missouri, with its

 Pursuant to radio broadcasting licenses issued to Emmis License by the Federal

Communications Commission hereinafter referred to as "FCC", Emmis Radio owns and
operates the following three 3 radio stations in the St. Louis area: KNOU FM, KFTK-FM,
and K254CR hereinafter referred to collectively as "Stations".
13.

KFTK-FM, also known as FM NewsTalk 97.1 hereinafter referred to as

"KFTK", broadcasts at 97.1 Mhz and airs various programs in a news/talk format. KFTK’s
main studio is presently located at 1220 Olive Street, St. Louis, Missouri 63103, with its antenna
located in O’Fallon, St. Charles County, Missouri 38° 46’ 45"N 90° 43’ 43"W.
14.

Beginning in and since approximately February 2002, with limited exception,

Plaintiff has been employed by Emmis Radio at KFTK in various capacities, including, but not
limited to, being either a co-host or host of several radio programs. All of the radio programs in
which Plaintiff has either been a co-host or host have been in the news/talk format.
15.

On or about August 1, 2017, Plaintiff and Emmis Radio renewed their

employment relationship by entering into a new Employment Agreement hereinafter referred to
as "Employment Agreement" whereby Station agreed to employ Plaintiff as a full-time
employee and Plaintiff agreed to accept such employment as an "On-Air" talent and personality.
Attached hereto as Exhibit 1 and incorporated herein by reference is a copy of said Employment
Agreement.
16.

The term of Plaintiffs employment with Emmis Radio under the Employment

Agreement began on August 1, 2017 and is scheduled to end on July 31, 2020. During said term,
in exchange for Plaintiffs performance under the Employment Agreement, Emmis Radio would
pay Plaintiff a base salary at the rate designated in the Employment Agreement, along with
additional compensation derived from product or service endorsements and certain bonuses,
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12.

 periods.
17.

In his capacity as an "On-Air" talent, Plaintiff was employed principally to

provide broadcasting services for KFTK. More specifically, Plaintiff served as host of the show
"Allman in the Morning," which aired Monday through Friday between 5:00 a.m. and 9:00 a.m.
As host, Plaintiff would report and comment on politics and current events, as well as interview
and debate various guests regarding the same.
18.

In addition to Plaintiffs principal and regular duties as an "On-Air" broadcasting

talent, Plaintiff was required to maintain an active social media presence on and participate in
various social media platforms such as Facebook, Instagram, and Twitter.
19.

Said Employment Agreement contains several prohibitory clauses. In particular,

the Employment Agreement prevents Plaintiff from engaging in the following post-term
employment or performing the following post-term conduct:
a. Section 7d provides that, for a period of one 1 year immediately following
the expiration or termination of his term of employment, "[Plaintiff] shall not
within the Market own, manage, operate, control, invest in, lend to, acquire an
interest in, or otherwise engage or participate in whether as an employee,
independent contractor, consultant, partner, shareholder, investor, or any other
type of participant any business that directly or indirectly is engaged in the
radio broadcasting business that competes with Station’1 "Competitor" if
[Plaintiff] directly or indirectly performs any duties, responsibilities or
functions on behalf of the Competitor that are the same as or similar to the
duties, responsibilities or functions [Plaintiff] performed for Station or would
benefit from the use of any ‘Confidential Information’ as defined below."
b. Section 7e provides that, for a period of one 1 year immediately following
the expiration or termination of his term of employment, "[Plaintiff] shall not
directly or indirectly engage or participate in any performance, broadcast,
promotion or appearance on or for the benefit of any radio station or
For purposes of Paragraphs 19 and 20, "Station" refers to KFTK and Emmis Radio, or, in the
alternative, KFTK and Entercom, Entercom Missouri, and Entercom License.
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which were dependent on the KFTK’s actual station revenue or performance in quarterly ratings

 c. Section 7f provides that, for a period of two 2 years immediately following
the expiration or termination of his term of employment, "[Plaintiff] shall not
sell or otherwise provide or solicit the sale or provision of or supervise such
activities any product or service that competes directly or indirectly with any
product or service of Station to any customer or ‘Prospective Customer’ as
defined below of Station as to which, during any portion of the 1-year period
immediately preceding the date of [Plaintiffs] termination of employment
"Pre-Termination Period", [Plaintiff] sold or otherwise provided or solicited
the sale or provision of any product or service or supervised such activities,
otherwise performed any duties or services, or received any Confidential
Information."
d. Section 7g provides that, for a period of two 2 years immediately
following the expiration or termination of his term of employment, "[Plaintiff]
shall not solicit, induce or influence any person or entity who had an actual or
prospective employment, consulting or contractor relationship with Station or
an Affiliated Group Member during the three 3 months preceding the
termination of [Plaintiffs] employment to discontinue, reduce, reject or
otherwise change in any manner adverse to the interests of Station the nature
or extent of such relationship with Station."
e. Section 7h provides that, at all times following the expiration or termination
of his term of employment, Plaintiff shall hold all confidential information in
strict confidence and not use or disclose such information without prior
written authorization, where "Confidential Information’ means any of
Station’s proprietary information, technical or engineering data, trade secrets
or know-how, including but not limited to: listener research and research
techniques; customer lists and customers including but not limited to
customers of Station on whom [Plaintiff] called or with whom [Plaintiff]
became acquainted during the Term; sales techniques or marketing, financial
or other business information, or other information of any time or kind,
regardless of form e.g., written, oral, electronic, etc. which is not generally
available to the public, as disclosed to [Plaintiff] by Station either directly or
indirectly."
20.

Plaintiffs employment under the Employment Agreement was terminable by

Emmis Radio only for "cause." Pursuant to Section 12 ofthe Employment Agreement, the
definition of "cause"
shall include, but not be limited to: i actual or threatened violence against
another employee; ii sexual or other prohibited harassment of others; iii use or
possession of illegal drugs or alcohol during working hours or off duty if such use
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Internet/Digital content provider that competes with the Station in the Market."

 21.

Entercom is a media and entertainment company that owns and operates

numerous radio stations and digital platforms throughout the United States. As part of its radio
broadcasting operations, Entercom delivers various forms of audio content, including news and
sports radio.
22.

On or about February 22, 2018, Emmis, Emmis Radio, Emmis License, Entercom,

Entercom Missouri, and Entercom License hereinafter referred to collectively as "Parties"
entered into an Asset Purchase Agreement hereinafter referred to as "Purchase Agreement"
whereby Emmis, Emmis Radio, and Emmis License agreed to sell and convey to Entercom,
Entercom Missouri, and Entercom License certain assets and properties identified in the
Purchase Agreement, including, but not limited to, the FCC radio broadcasting licenses of the
foregoing Stations and Entercom, Entercom Missouri, and Entercom License agreed to pay
Emmis, Emmis Radio, and Emmis License the sum of fifteen million dollars $15,000,000.
Attached hereto as Exhibit 2 and incorporated herein by reference is a copy of said Purchase
Agreement.
23.

Consummation ofthe sale and purchase of the various assets, properties, and

licenses is subject to and contingent upon approval by the FCC. Pursuant to the terms of the
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affects the performance of [Plaintiffs] duties or Station’s interests; iv
unauthorized disclosures or use of Confidential Information, or any failure by
[Plaintiff] to comply with Station’s rules, policies or directives, when notice of
such items has been given to [Plaintiff]; v any failure by [Plaintiff] to adhere to
or comply with reasonable standards of conduct applied in a non-discriminatory
manner; vi any breach of this Agreement by [Plaintiff]; vii unsatisfactory
performance, where [Plaintiff] will be informed of such breach in writing with a
30-day opportunity to cure; provided, however, that neither successive such
notices nor opportunities to cure shall be required; viii any indictment bringing
of charges or conviction of [Plaintiff] for a felony or other crime of moral
turpitude; ix violation of the Communications Act of 1934, as amended, or the
rules and regulations ofthe Federal Communications Commission, and x any act
or omission constituting cause or misconduct under applicable laws."

 for assignment of any pertinent radio broadcasting licenses.
24.

In accordance with said requirements, on or about March 2, 2018, as amended on

April 20, 2018, an Application for Consent to Assignment ofBroadcast Station Construction
Permit or License hereinafter referred to as "Application" was submitted to and accepted for
filing by the FCC File No. BALH-201 8030 1AAT.
25.

As of the date of the filing of this Petition, the FCC has not approved the Parties’

Application. Nevertheless, regardless ofany such contemporaneous or subsequent approval by
the FCC, at the time of the events which form the basis of the above-captioned cause, the
Application had not been approved, and correspondingly, the consummation and closure ofthe
Purchase Agreement had not occurred.
26.

Contemporaneous with the Purchase Agreement, Emmis Radio and Emmis

License, as the immediate and current owners of the Stations, and Entercom Missouri entered
into a Local Programming and Marketing Agreement hereinafter referred to as "Programming
Agreement" whereby Entercom Missouri agreed to provide programming to Emmis Radio and
Emmis License for the Stations and Emmis Radio and Emmis License agreed to broadcast the
programs selected by Entercom Missouri. Attached hereto as Exhibit 3 and incorporated herein
by reference is a copy of said Programming Agreement.
27.

The term of the Programming Agreement began on March 1, 2018 Central Time

at 12:01 a.m. and is scheduled to end upon the earlier of either the closing of the Purchase
Agreement or termination of the Purchase Agreement in accordance with its terms.
28.

Pursuant to the terms of the Programming Agreement, notwithstanding anything

to the contrary in the Programming Agreement, Emmis Radio and Emmis License were to retain
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Purchase Agreement, the Parties agreed to prepare and jointly file any relevant FCC applications

 and over all persons working at the Stations."
29.

At all times relevant herein, Plaintiff worked at KFTK under the terms ofthe

Employment Agreement described in Paragraph 15 supra.
30.

On or about April 4, 2018, Jeff Allen hereinafter referred to as "Allen", Program

Director at and for KFTK, contacted Plaintiff and advised him that unidentified individuals had
taken issue with and were upset about a March 26, 2018 tweet2 delivered by Plaintiff as part of
his mandated social media duties.
31.

In a telephone conversation later that day, and in subsequent telephone

conferences with Allen, Becky Domyan hereinafter referred to as "Domyan", Senior Vice
President / Market Manager for Entercom, Entercom Missouri, and/or Entercom License, and
assorted other employees, Allen and/or Domyan prohibited Plaintiff from discussing or
responding to the perceived controversy and further assured Plaintiff that the situation was not
serious such that Entercom, Entercom Missouri, and/or Entercom License, and its/their public
relations executives would manage the situation.
32.

On or about April 9, 2018, as instructed, Plaintiff did not address situation on his

radio program
33.

Nevertheless, despite such statements and assurances, on or about April 10, 2018,

at approximately 5:15 p.m., Domyan initiated a telephone conference between her, Plaintiff, and
Noreen McCorrnack hereinafter referred to as "McCorrnack", Vice President / Human
Resources for Entercom, Entercom Missouri, and/or Entercom License, in which McCorrnack
2

A "tweet" is a message delivered over the online news and social networking service known as
Twitter.
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"full authority, power and control over the policies, programming and operations of the Stations

 employment.
COUNT I
34.

-

BREACH OF CONTRACT

Plaintiff hereby re-alleges and incorporates by reference the allegations contained

in Paragraphs 1 through 33 as if fully set forth herein.
35.

At all times relevant herein, there existed a contract for employment between

Plaintiff and Defendant Emmis Radio, to-wit: the Employment Agreement dated on or about
August 1, 2017.
36.

On or about April 10, 2018, Defendant Emmis Radio breached said contract for

employment by terminating Plaintiff.
37.

Said termination of Plaintiffs employment by Defendant Emmis Radio was

without cause.
38.

As a result of such wrongful and unjust termination by Defendant Emmis Radio,

Plaintiff suffered damages in excess of $25,000 and in the form of lost salary, lost additional
compensation, and lost bonuses.
WHEREFORE, Plaintiff prays this Court enterjudgment in favor of Plaintiff and against
Defendant Emmis Radio; order Defendant Emmis Radio to reinstate Plaintiff to his former
position with KFTK with all previous and commensurate responsibilities and duties; order
Defendant Emmis Radio to pay and recompense Plaintiff for lost salary, lost additional
compensation, and lost bonuses for the period of time from his date oftermination until the date
ofhis reinstatement, which can be calculated in accordance with the terms of his employment
agreement; or, in the alternative if reinstatement is not ordered, order Defendant Emmis Radio to

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advised Plaintiff that Entercom, Entercom Missouri, and Entercom License terminated Plaintiffs

 compensation, and lost and projected bonuses for the period of time from his date of termination
until July 31, 2020, which can be calculated in accordance with the terms ofhis employment
agreement; and for such other and further relief as this Court may deem just and proper in the
premises.
COUNT II- TORTIOUS INTERFERENCE WITH CONTRACT / BUSINESS
RELATIONSHIP
39.

Plaintiff hereby re-alleges and incorporates by reference the allegations contained

in Paragraphs 1 through 38 as if fully set forth herein.
40.

At all times relevant herein, there existed a contract for employment between

Plaintiff and Defendant Emmis Radio, to-wit: the Employment Agreement dated on or about
August 1,2017.
41.

Defendants Entercom, Entercom Missouri, and Entercom License were aware of

Plaintiffs employment at KFTK and of his contract for employment with Defendant Emmis
Radio.
42.

Defendants Entercom, Entercom Missouri, and Entercom License intentionally

interfered with Plaintiffs employment at KFTK and contractual relationship with Defendant
Emmis Radio by terminating his employment at KFTK and severing his contractual relationship
with Defendant Emmis Radio on April 10, 2018, all without the authority to do so.
43.

Defendants Entercorn, Entercom Missouri, and Entercom License had no

justification or cause to interfere with Plaintiffs employment at KFTK or Plaintiffs contractual
relationship with Defendant Emmis Radio.
44.

As a result of such wrongful and unjust termination by Defendants Entercom,
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pay and recompense Plaintiff for lost and projected salary, lost and projected additional

 in the form of lost salary, lost additional compensation, and lost bonuses.
WHEREFORE, Plaintiff prays this Court enterjudgment in favor of Plaintiff and against
Defendants Entercom, Entercom Missouri, and Entercom License; order Defendants Entercom,
Entercom Missouri, and Entercom License to reinstate Plaintiff to his former position with
KFTK with all previous and commensurate responsibilities and duties; order Defendants
Entercom, Entercom Missouri, and Entercom License to pay and recompense Plaintiff for lost
salary, lost additional compensation, and lost bonuses for the period oftime from his date of
termination until the date of his reinstatement, which can be calculated in accordance with the
terms ofhis employment agreement; or, in the alternative if reinstatement is not ordered, order
Defendants Entercom, Entercom Missouri, and Entercom License to pay and recompense
Plaintiff for lost and projected salary, lost and projected additional compensation, and lost and
projected bonuses for the period of time from his date of termination until July 31, 2020, which
can be calculated in accordance with the terms ofhis employment agreement; and for such other
and further relief as this Court may deem just and proper in the premises.
COUNT III
45.

-

BREACH OF CONTRACT ALTERNATIVE TO COUNTS I / II

Plaintiff hereby re-alleges and incorporates by reference the allegations contained

in Paragraphs 1 through 33 as if fully set forth herein.
46.

At all times relevant herein, there existed a contract for employment between

Plaintiff and Defendant Emmis Radio, to-wit: the Employment Agreement dated on or about
August 1,2017.
47.

In accordance with the terms of the Purchase Agreement between Defendants

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Entercom Missouri, and Entercom License, Plaintiff suffered damages in excess of $25,000 and

 one or more of the liabilities and obligations of Defendant Emmis Radio contained in Plaintiffs
contract for employment was purportedly assigned to Defendants Entercom, Entercom Missouri,
and Entercom License.
48.

On or about April 10, 2018, Defendants Entercom, Entercom Missouri, and

Entercom License breached said contract for employment by terminating Plaintiff.
49.

Said termination of Plaintiffs employment by Defendants Entercom, Entercom

Missouri, and Entercom License was without cause.
50.

As a result of such wrongful and unjust termination by Defendants Entercom,

Entercom Missouri, and Entercom License, Plaintiff suffered damages in excess of $25,000 and
in the form of lost salary, lost additional compensation, and lost bonuses.
WHEREFORE, Plaintiff prays this Court enterjudgment in favor of Plaintiff and against
Defendants Entercom, Entercom Missouri, and Entercom License; order Defendants Entercom,
Entercom Missouri, and Entercom License to reinstate Plaintiff to his former position with
KFTK with all previous and commensurate responsibilities and duties; order Defendants
Entercom, Entercom Missouri, and Entercom License to pay and recompense Plaintiff for lost
salary, lost additional compensation, and lost bonuses for the period of time from his date of
termination until the date ofhis reinstatement, which can be calculated in accordance with the
terms of his employment agreement; or, in the alternative if reinstatement is not ordered, order
Defendants Entercom, Entercom Missouri, and Entercom License to pay and recompense
Plaintiff for lost and projected salary, lost and projected additional compensation, and lost and
projected bonuses for the period oftime from his date of termination until July 31, 2020, which
can be calculated in accordance with the terms of his employment agreement; and for such other
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Emmis, Emmis Radio, Emmis License, Entercom, Entercom, Missouri, and Entercom License,

 COUNT IV
51.

-

BREACH OF CONTRACT THIRD PARTY BENEFICIARY

Plaintiff hereby re-alleges and incorporates by reference the allegations contained

in Paragraphs 1 through 33 as if fully set forth herein.
52.

Beginning on or about February 22, 2018, and effective March 1, 2018, at 12:01

a.m., there exists a contract for the programming and management of KFTK between Defendants
Emmis Radio and Emmis License and Defendant Entercom Missouri, to-wit, the Programming
Agreement dated February 22, 2018.
53.

Defendants Emmis Radio, Emmis License, and Entercom Missouri intended that

Plaintiff and all other employees of the Stations, which includes KFTK, benefit from the
Programming Agreement, such that Plaintiffs and the other employees’ employment was
continuous, assured, and fully controlled by Emmis Radio until termination of the Programming
Agreement.
54.

The benefit was intended as a gift and the benefit granted to Plaintiff and all other

employees of the Stations, which includes KFTK, is a material part of the Programming
Agreement since retention ofPlaintiff and all other employees would ensure continuity ofthe
operation ofthe Stations, which includes KFTK.
55.

Beginning on or about April 4, 2018, and ending on or about April 10, 2018,

Defendant Emmis Radio and Emmis License breached said Programming Agreement by
permitting Defendant Entercom Missouri to exercise power and control over the operation of the
Stations, which includes KFTK, as well as over Plaintiff and all other employees ofthe Stations,
which includes KFTK, all in violation of said Programming Agreement.

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and further relief as this Court may deem just and proper in the premises.

 As a result of said breach by Defendant Emmis Radio and Emmis License,

Plaintiff suffered damages in excess of $25,000 and in the fonn of lost salary, lost additional
compensation, and lost bonuses.
WHEREFORE, Plaintiff prays this Court enter judgment in favor of Plaintiff and against
Defendants Emmis Radio and Emmis License; order Defendants Emmis Radio and Emmis
License to reinstate Plaintiff to his former position with KFTK with all previous and
commensurate responsibilities and duties; order Defendants Emmis Radio and Emmis License to
pay and recompense Plaintiff for lost salary, lost additional compensation, and lost bonuses for
the period of time from his date of termination until the date ofhis reinstatement, which can be
calculated in accordance with the terms of his employment agreement; or, in the alternative if
reinstatement is not ordered, order Defendants Emmis Radio and Emmis License to pay and
recompense Plaintiff for lost and projected salary, lost and projected additional compensation,
and lost and projected bonuses for the period oftime from his date of termination until July 31,
2020, which can be calculated in accordance with the terms of his employment agreement; and
for such other and further relief as this Court may deem just and proper in the premises.
COUNT V
57.

-

DECLARATORY JUDGMENT

Plaintiff hereby re-alleges and incorporates by reference the allegations contained

in Paragraphs 1 through 33 as if fully set forth herein.
58.

At all times relevant herein, there existed a contract for employment between

Plaintiff and Defendant Emmis Radio, to-wit: the Employment Agreement dated on or about
August 1, 2017.
59.

The Employment Agreement contains various provisions which purport to restrict

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56.

 described in the Employment Agreement attached hereto as Exhibit 1 and further restated in
Paragraph 19 supra.
60.

Plaintiff has a legally protectable interest, to-wit: an interest in his right to seek

employment in his chosen trade and profession, and the Employment Agreement purports to
prevent Plaintiff from doing so.
61.

Plaintiff contends that the Employment Agreement and restrictive clauses

described in Paragraph 19 supra are overly broad and unreasonable with respect to scope,
duration, and geographical limitation.
62.

A real and subsisting controversy exists between Plaintiff and Defendant Emmis

Radio concerning the construction and validity of the Employment Agreement and restrictive
clauses described in Paragraph 19 supra.
63.

Plaintiff has no adequate alternative remedy, at law or otherwise.

WHEREFORE, Plaintiff prays this Court enter its declaratoryjudgment, in favor of
Plaintiff and against Defendant Emmis Radio, construing the provisions of the Employment
Agreement as set forth herein, declaring that said provisions are overly broad and unreasonable
with respect to scope, duration, and geographical limitation; and for such other and further relief
as this Court may deem just and proper in the premises.
COUNT VI- DECLARATORY JUDGMENT ALTERNATIVE TO COUNT V
64.

Plaintiff hereby re-alleges and incorporates by reference the allegations contained

in Paragraphs 1 through 33 as if fully set forth herein.
65.

At all times relevant herein, there existed a contract for employment between

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and prohibit Plaintiffs post-term employment and conduct. Said provisions are more fully

 August 1,2017.
66.

In accordance with the terms of the Purchase Agreement between Defendants

Emmis, Emmis Radio, Emmis License, Entercom, Entercom, Missouri, and Entercom License,
one or more of the liabilities and obligations of Defendant Emmis Radio contained in Plaintiffs
contract for employment was purportedly assigned to Defendants Entercom, Entercom Missouri,
and Entercom License.
67.

The Employment Agreement contains various provisions which purport to restrict

and prohibit Plaintiffs post-term employment and conduct. Said provisions are more fully
described in the Employment Agreement attached hereto as Exhibit 1 and further reiterated in
Paragraph 19 supra.
68.

Plaintiff has a legally protectable interest, to-wit: an interest in his right to seek

employment in his chosen trade and profession, and the Employment Agreement purports to
prevent Plaintiff from doing so.
69.

Plaintiff contends that the Employment Agreement and restrictive clauses

described in Paragraph 19 supra are overly broad and unreasonable with respect to scope,
duration, and geographical limitation.
70.

A real and subsisting controversy exists between Plaintiff and Defendants

Entercom, Entercom Missouri, and Entercom License concerning the construction and validity of
the Employment Agreement and restrictive clauses described in Paragraph 19 supra.
71.

Plaintiff has no adequate alternative remedy, at law or otherwise.

WHEREFORE, Plaintiff prays this Court enter its declaratoryjudgment, in favor of
Plaintiff and against Defendants Entercom, Entercom Missouri, and Entercom License,
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Plaintiff and Defendant Emmis Radio, to-wit: the Employment Agreement dated on or about

 provisions are overly broad and unreasonable with respect to scope, duration, and geographical
limitation; and for such other and further relief as this Court may deem just and proper in the
premises.

Respectfully submitted,
SHEPHERD, TAYLOR, KORUM & CURTIS

222 South Central
Clayton, Missouri 63105
Telephone: 314 727-8677
Facsimile: 314 727-8678
E-Mail: kmw@stkclaw.com

18

804

LLP

Electronically Filed - St Louis County - April 27, 2018 - 05:00 PM

construing the provisions of the Employment Agreement as set forth herein, declaring that said

 ss.
County of St. Louis

COMES NOW James Allman, being of lawful age and first duly sworn upon his oath,
states that he is the Plaintiff named in the above and foregoing petition, that he has read same,
and that the statements contained therein are true and correct to the best of his knowledge,
information, and belief.

Subscribed and sworn before me this 26th day of April, 2018

Public
Notary Seal
SUE ANN WOERNDLE
Notary Public Notaiy Seat
State of Missouri
Commissioned for St. Louis Count.v
My Commission Expires: June14, 2017
Commission Number: 13450310
-

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State ofMissouri