IN THE FAIRFIELD COUNTY, OHIO COURT OF COMMON PLEAS


Robert A. Nienast
Plaintiff,
-vs-
Board of Trustees of the Fairfield
          County District
Defendant.
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Case No. 09 CV 00657

Judge Martin


DEFENTANT'S MEMO CONTRA TO PLAINTIFF'S MOTION TO TAKE JUDICIAL
NOTICE


It is unclear, at best, whether the law cited by the Plaintiff in its Motion to Take Judicial Notice is Relevant to the matters to be addressed at the upcoming hearing. Even assuming that it is relevant for the sake of argument, at this point it is premature for the Court to take judicial notice of law or any other matters because the hearing has not yet commenced and no evidence has been received. Accordingly, the Defendant opposes the Defendant's motion and requests that it be denied.


  Respectfully submitted,
/s/     Jason M. Dolin          
Jason M. Dolin (0041820)
Assistant Prosecuting Attorney
Fairfield County Prosecutor's Office
239 West Main Street, Suite 101
Lancaster, Ohio 43130
(740) 652-7560



CERTIFICATE OF SERVICE

I hereby certify that a copy of the foregoing Defendant's Memo Contra to Plaintiff's Motion to Take Judicial Notice was served upon Robert A. Neinast, at the address set forth below, by regular U.S. Mail, postage prepaid, this 28st day of February, 2011.

Robert A. Neinast
8617 Ashford Lane
Pickerington, Ohio 43147

  /s/     Jason M. Dolin          
Jason M. Dolin