IN THE COURT OF COMMON PLEAS OF FAIRFIELD COUNTY, OHIO

Robert A. Neinast Plaintiff, -vs- Board of Trustees of the Fairfield County District Library, Defendant.

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CASE NO. 2009-CV-0657 JUDGE CHRIS A. MARTIN

MOTION OF DEFENDANT TO AMEND ITS ANSWER

Now comes Defendant pursuant to Civil Rule 15(A) who moves the Court for permission to amend its answer which was filed June 3, 2009 with this Court.

Respectfully submitted, /s/     Roy E. Hart           Roy E. Hart (0023826) Assistant Prosecuting Attorney Attorney for Defendant 201 South Broad Street — Suite 400 Lancaster, Ohio 43130 740-653-4259 or 614-837-2699 Fax 740-553-4708

MEMORANDUM IN SUPPORT

Plaintiff commenced this action by filing his Complaint on May 13, 2009 and Defendant filed its Answer on June 3, 2009. After conducting some initial research and further research after filing Defendant's Answer, Defendant discovered that it has an affirmative defense available to it which was not included in the Answer filed in June 3, 2009. The additional affirmative defense is that of collateral estoppel.

According to Civil Rule 15(A), leave of Court shall be freely given when justice requires and permission was granted pursuant to the initial telephone conference conducted in this matter.

This Amendment is not being interjected for the purpose of any delay and this matter has not been assigned to the Court's trial calendar at this point. A copy of the Amended Answer of the Defendant is attached hereto and incorporated herein.

/s/     Roy E. Hart           Roy E. Hart (0023826) Assistant Prosecuting Attorney Attorney for Defendant

CERTIFICATE OF SERVICE

The undersigned hereby certifies that a copy of the foregoing Answer of Defendant was sent by ordinary U.S. mail, postage prepaid, to Robert A. Neinast, acting pro se, at his address of 8617 Ashford Lane, Pickerington, Ohio 43147, this 28th day of August, 2009.

/s/     Roy E. Hart           Roy E. Hart (0023826) Assistant Prosecuting Attorney Attorney for Defendant