IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
ROBERT A. NEINAST,
Plaintiff
vs. Civil Action 2:01-CV-443
Judge Marbley
Magistrate Judge King
BOARD OF TRUSTEES OF THE
COLUMBUS METROPOLITAN LIBRARY,
Defendants.
PRELIMINARY PRETRIAL ORDER
A preliminary pretrial conference was held on June 27, 2001.
All parties appeared or were represented.
Plaintiff challenges defendants' policy of requiring that
library patrons wear shoes, and his one-day eviction for violation of
that policy. Plaintiff asserts claims under 42 U.S.C. §1983 for alleged
deprivations of his rights "to receive speech," to "the freedom of
personal appearance" and freedom of expression, to due process, both
substantive and procedural, and to equal protection. Plaintiff also
asserts parallel state law claims. The action was removed as one arising
under federal law.
There is no jury demand.
The Court has subject matter jurisdiction under 28 U.S.C.
§1343 and supplemental jurisdiction under 28 U.S.C. § 1367.
The Court has personal jurisdiction over the parties and venue
is proper.
Plaintiff may amend the complaint by July 2, 2001.
The parties may propound up to forty (40) interrogatories and
requests for admission without prior leave of the court.
Defendants will file a motion for judgment on the pleadings,
or for summary judgment, no later than August 2, 2001. Plaintiff may
have until September 4, 2001 to respond, or until September 17, 2001 to
respond if he requires discovery in order to respond. Plaintiff may also
file, by this same date, a motion for summary judgment. Defendants may
have until October 17, 2001 to reply in support of the anticipated
motion.
A continued preliminary pretrial conference will be held, if
otherwise appropriate, following resolution of the anticipated
dispositive motions.
Settlement negotions are premature pending resolution of
the anticipated dispositive motions.
_______________________
Nora McCann King
United States Magistrate Judge