This section contains the nature of the case and procedural background.

P manufactures and supplies various metal and glass packaging to brand owners. P and D entered into an agreement where P agreed to supply and D agreed to purchase twelve-ounce 'sleek' aluminum beverage can bodies and associated can ends. An Amended Agreement modified the Initial Agreement by: (1) extending the term of the Initial Agreement through January 1, 2027; (2) adding twelve-ounce and twenty-four-ounce 'standard' aluminum beverage cans and associated can ends for purchase; and (3) providing minimum can purchase volumes for the years 2021 through 2026. P alleges that D failed to meet its Annual Minimum Volume purchase obligations for the years 2021 and 2022, and refused to provide reasonable assurances that it would make up its purchasing shortfalls or be able to perform its contractual obligations for the time remaining on the contract. P sued D for breach of contract and seeks a declaratory judgment in its favor. D asserted various counterclaims and affirmative defenses based in part on P's use of a particular varnish and wax-based lubricant that is alleged to have caused a 'dark, sticky buildup' on the beverage cans, resulting in slowdowns and breakdowns on D's processing lines. D alleges that P was aware of the issues but continued to use the offending materials anyway in breach of the Agreement. D raised counterclaims for breach of contract, breach of the duty of good faith and fair dealing, breach of warranty of fitness for a particular purpose, and negligent misrepresentation. P moved to dismiss certain of these counterclaims under Rule 12(b)(6), (R. 32), and to strike certain of ACB's affirmative defenses under Rule 12(f). P further moves this Court for a declaratory judgment.

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