IN THE

SUPREME COURT OF INDIANA 

IN RE MARION COUNTY MASS            )           Supreme Court No.  49S00-0410-SJ-460

TORT LITIGATION                                   )

                                                                        )

                                                                        )    

                                                                        )           Case No.  49D02-9501-MI-001

                                                                        )           in the Marion Superior Court, Civil Div. 2

ORDER GRANTING EXTENTION OF TIME

      Comes now the Honorable Kenneth H. Johnson, Judge of the Marion Superior Court, Civil Div. 2, and files Motion to Extend Time for Additional Motions for Change of Judge Filed in Marion Superior Court 2. Said motion seeks an extension of time to rule on pending motions for change of judge and requests that future motion for change of judge remain pending without prejudice until a decision is rendered by this Court regarding motions for change of judge in consolidated proceedings.

      And this Court, being duly advised, now finds that the request for an extension of time to rule on pending motions should be granted pursuant to Ind.Trial Rule 53.1(D), but the request that future motions remain pending should be denied.

      IT IS, THEREFORE, ORDERED that the Hon. Kenneth H. Johnson, Judge of the Marion Superior Court, Civil Div. 2, is GRANTED an extension of time through January 18, 2005, to enter a ruling on the motions for change of judge set forth as follows:

      The request that future motions for change of judge remain pending without prejudice is DENIED. The Court instructs Judge Johnson to file requests for extensions of future motions for change of judge, if necessary, in groups as the Judge previously has done.

      The Clerk of this Court is directed to forward notice of this Order to the Hon. Kenneth H. Johnson, Marion Superior Court, 200 East Washington Street, W443, Indianapolis, IN 46204-3338 and to the Clerk of the Marion Superior Court, Civil Div. 2.

      The Clerk of the Marion Superior Court, Civil Div. 2, is directed to forward notice of this Order to all parties of record in the case below.

DONE at Indianapolis, Indiana, this _______ day of December, 2004.

                                                                                                ________________________

                                                                                                Randall T. Shepard

                                                                                                Chief Justice of Indiana