ATKINSON CANDY COMPANY v. KENRAY ASSOCIATES INC et al, No. 4:2002cv00242 - Document 190 (S.D. Ind. 2011)

Court Description: ORDER ON PENDING MOTIONS - Based upon this court's Order Granting Plaintiffs' Motion to Remand Evidentiary Hearing 189 , the following motions must be addressed: 1) Defendant's Motion to Strike 176 is denied. Plaintiffs' Motio n to Strike Affidavit of Chuck McGee 179 is denied. 2) Plaintiffs' Motion to Set Aside Covenant Not to Execute Based Upon Fraud in the Inducement 162 , which had previously been taken under advisement, is now denied. The entry of this order is intended to clarify the court's decision for purposes of any appellate review and to confirm that the court's Entry on Plaintiffs' Motion to Set Aside Covenant Not to Execute Based Upon Fraud in the Inducement 181 is deemed to be the final order of the court with respect to the issues raised in the Plaintiffs' Motion to Set Aside Covenant Not to Execute Based Upon Fraud in the Inducement 162 . Because an Agreed Judgment has already been entered 156 and is not otherwise modified, no separate final judgment will enter. Signed by Magistrate Judge William G. Hussmann, Jr on 12/13/2011. (JLM) Modified on 12/13/2011 (JLM).