NIKISH SOFTWARE CORPORATION et al v. MANATRON, INCORPORATED

Filing 99

ENTRY denying 73 Motion for Judgment on the Pleadings; and denying as moot 85 Manatron Incorporateds Motion to Strike Portions of Nikishs Reply Brief in Support of Motion for Partial Judgment on the Pleadings. Signed by Judge Richard L. Young on 2/2/2010. (PG)

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION NIKISH SOFTWARE CORPORATION and KISHIN BHARWANI, Plaintiffs, vs. MANATRON, INCORPORATED Defendant. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

1:07-cv-358-RLY-DML

MANATRON, INCORPORATED, Counter-Plaintiff, vs. NIKISH SOFTWARE CORPORATION and KISHIN BHARWANI, Counter-Defendants.

ORDER ON PENDING MOTIONS Before the court are the following motions: (1) Plaintiffs' Motion Under FED. R. CIV. P. 15(c) for Partial Judgment on the Pleadings Regarding Defendant's Counterclaims; (2) Plaintiffs' Request for Oral Argument by Plaintiffs in Support of Their Motion Under FED. R. CIV. P. 12(c) for Partial Judgment on the Pleadings Regarding Defendant's Counterclaims; and (3) Manatron Incorporated's ("Manatron") Motion to Strike Portions of Nikish's Reply Brief in Support of Motion for Partial Judgment on the Pleadings Or, in the Alternative, Motion for Leave to File Surreply. The court, having
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reviewed the motions, now finds that the particular issues raised are best addressed on a motion under FED. R. CIV. P. 56 for summary judgment. Accordingly, the court DENIES Plaintiffs' Motion Under FED. R. CIV. P. 15(c) for Partial Judgment on the Pleadings Regarding Defendant's Counterclaims (Docket # 73); DENIES as MOOT Plaintiffs' Request for Oral Argument by Plaintiffs in Support of Their Motion Under FED. R. CIV. P. 12(c) for Partial Judgment on the Pleadings Regarding Defendant's Counterclaims (Docket # 82); and DENIES as MOOT Manatron Incorporated's Motion to Strike Portions of Nikish's Reply Brief in Support of Motion for Partial Judgment on the Pleadings (Docket # 85).

SO ORDERED this 2nd day of February 2010.

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RICHARD L. YOUNG, CHIEF JUDGE RICHARD L. YOUNG, CHIEF JUDGE United States District Court United States District Court SSouthern District of Indiana outhern District of Indiana Electronic Copies to: G. Christopher Bernard BODMAN LLP [e-mail] James Dimos FROST BROWN TODD LLC [e-mail]

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Richelle Marie Harris FROST BROWN TODD LLC [e-mail] Susan M. Kornfield BODMAN LLP [e-mail] J. Lee McNeely MCNEELY STEPHENSON THOPY & HARROLD [e-mail] Brady J. Rife MCNEELY STEPHENSON THOPY & HARROLD [e-mail] Joel E. Tragesser FROST BROWN TODD LLC [e-mail]

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