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ATTORNEY FOR APPELLANT Jennifer L. Graham Indianapolis, Indiana

ATTORNEY FOR APPELLEE Allison Wells Gritton Office of Corporation Counsel Indianapolis, Indiana

______________________________________________________________________________

In the

Indiana Supreme Court
_________________________________ No. 29S02-0507-CV-320 ROBERT B. KEENE, Appellant (Plaintiff below), v. MARION COUNTY SUPERIOR COURT, Appellee (Defendant below). _________________________________ Appeal from the Hamilton Circuit Court, No. 29C01-0011-CP-000938 The Honorable Judith S. Proffitt, Judge _________________________________ On Petition to Transfer from the Indiana Court of Appeals, No. 29A02-0408-CV-644 _________________________________ June 30, 2006 Sullivan, Justice.

Robert Keene was employed as a commissioner by the Marion Superior Court ("Superior Court"). On August 25, 1998, the Superior Court notified Keene that because he had violated state statutes while performing his duties, his employment would be terminated on September 25, 1998. Keene, who was 64 years old at the time, was replaced by a 40-year-old employee. On September 25, 2000, exactly two years after his last day of work, Keene filed a complaint against the Superior Court, alleging wrongful termination based on age discrimination in violation of the Indiana Age Discrimination Act ("IADA"), Indiana Code Section 22-9-2-1, et seq.

The Superior Court filed a motion for judgment on the pleadings, contending, among other things, that Keene's claim was untimely.

The trial court, finding that Keene's claim was time barred by the applicable statute of limitations, granted the Superior Court's motion for summary judgment. The Court of Appeals affirmed, holding that Keene's cause of action accrued and the applicable two-year statute of limitations commenced to run on the date Keene received notice of his termination, thereby making his complaint time barred. Keene v. Marion County Superior Court, 823 N.E.2d 1216, 1218 (Ind. Ct. App. 2005). Keene petitioned to, and we granted, transfer. No. 29S02-0507-CV-320, 2005 Ind. LEXIS 603 (Ind. July 13, 2005).

Subsequent to our granting transfer and holding oral arguments in this case, we decided Montgomery v. Bd. of Trs. of Purdue Univ., No. 79S05-0508-CV-354, ___ N.E.2d ____, (Ind. June 29, 2006), which held that Purdue University was not subject to the IADA because the IADA specifically excluded from its definition of "employer" any "person or governmental entity which is subject to the federal Age Discrimination in Employment Act [("ADEA")]." Ind. Code

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Indiana Law