State of Indiana, Acting on Behalf of the Indiana Family & Social Services Administration v. The Marion Superior Court and The Hon. David J. Dreyer, as Judge Thereof , 2016 Ind. LEXIS 473 ( 2016 )

ATTORNEYS FOR RELATOR ATTORNEYS FOR OPPOSING PARTY
Peter J. Rusthoven INTERNATIONAL BUSINESS MACHINES
John R. Maley CORPORATION
Deborah Pollack-Milgate Andrew H. Hull
Barnes & Thornburg LLP Laurie E. Martin
Indianapolis, Indiana Hoover Hull Turner LLP
Indianapolis, Indiana
Daniel R. Lombard
Quinn Emanuel Urquhart & Sullivan LLP
Chicago, Illinois
Steven Menashi
Jay P. Lefkowitz
Kirkland & Ellis LLP
New York, New York FILED
______________________________________________________________________________
Jul 05 2016, 10:51 am
CLERK
Indiana Supreme Court
Court of Appeals
and Tax Court
In the
Indiana Supreme Court
_________________________________
No. 49S00-1605-OR-294
STATE OF INDIANA, ACTING ON BEHALF OF
THE INDIANA FAMILY & SOCIAL SERVICES
ADMINISTRATION,
Relator,
v.
THE MARION SUPERIOR COURT AND
THE HON. DAVID J. DREYER, AS JUDGE THEREOF,
Respondents.
_________________________________
Original Action
_________________________________
July 5, 2016
Per Curiam.
After a bench trial and judgment in the underlying contract dispute, this Court reversed in
part and remanded to the trial court with instructions to resolve remaining issues. State v. Int’l Bus.
Machines Corp., 51 N.E.3d 150 (Ind. 2016). The Clerk certified that opinion on May 6, 2016.
Later that day, the State moved for a change of judge under Indiana Trial Rule 76(C)(3) in the
underlying case, No. 49D10-1005-PL-21451. The State soon filed this original action, seeking a
writ compelling the trial court to vacate all orders issued in the underlying case since certification
and grant its motion for change of judge. International Business Machines Corporation opposes
that request and argues, among other things, that the State is not entitled to a change of judge.
This Court has exclusive, original jurisdiction to supervise the exercise of jurisdiction by
other Indiana courts. See Ind. Const. art. 7, § 4; Ind. Original Action Rule 1. The Court’s
participating members have reviewed and discussed the filed materials. The Court’s majority
concludes the State is entitled to a change of judge. Accordingly, the Respondents, the Marion
Superior Court and the Hon. David J. Dreyer, are ordered to vacate all orders issued in the
underlying case on or after May 6, 2016, and to grant the change of judge. Judge Dreyer is
prohibited from exercising jurisdiction in the underlying case except that necessary to comply with
this opinion and effectuate the change of judge. This opinion is final and effective immediately;
petitions for rehearing or motions to reconsider are not allowed. See Orig. Act. R. 5(C).1
Massa, J., not participating.
1
Because the Court grants the writ based on the filed materials, it denies as moot the State’s motion to
file a reply in support of its petition for writ of mandamus and prohibition and its motion for a
consolidated hearing with its petition for writ in aid of this Court’s appellate jurisdiction.