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



MOTION OF DEFENDANT BOARD OF TRUSTEES
OF FAIRFIELD COUNTY DISTRICT LIBRARY FOR
CONTINUANCE OF EVIDENTIARY HEARING


Plaintiff Fairfield County District Library moves this Court for a continuance of the evidentiary hearing set for December 16, 2010 at 8:00 a.m. in this case. The reasons for the continuance are set forth in more detail in the attached memorandum in support of motion.


  Respectfully submitted,

/s/     Jason M. Dolin          
Jason M. Dolin (0041820)
Assistant Prosecuting Attorney
Fairfield County, Ohio
239 West Main Street, Ste 101
Lancaster, Ohio 43130
740-652-7560
Attorney for Defendant


MEMORANDUM IN SUPPORT

As the Court is aware, the Fifth District Court of Appeals in Case 2010 CA 011 remanded this case to the Fairfield County Common Pleas Court for further proceedings consistent with that opinion. Those proceedings will require the taking of further evidence by this Court which has scheduled an evidentiary hearing to commence on December 16, 2010 at 8:00 a.m.

Undersigned counsel requests a continuance in this matter for the following reasons. This case was previously handled by Roy Hart, an Assistant Prosecuting Attorney who retired from the Prosecutor's Office after this matter was submitted to the Court of Appeals. Upon the case being remanded by the Court of Appeals, this case was reassigned to the undersigned who had no prior involvement with this case. It is my understanding that the file in this case is extensive and it will take the undersigned counsel significant time to review the file, discuss the case with prior counsel, research the applicable law, and meet with and prepare witnesses for the hearing. In addition, undersigned counsel sits part time as a mayor's court magistrate in a local municipality and is scheduled to hear cases in that mayor's court the morning of December 16 when this case is scheduled for an evidentiary hearing.

Based upon the above, Defendant's counsel respectfully requests that the evidentiary hearing in this matter be rescheduled in 2011 for February 9, 16, 23 or to an appropriate day thereafter other than a Thursday.


  Respectfully submitted,
/s/     Jason M. Dolin          
Jason M. Dolin (0041820)
Assistant Prosecuting Attorney
239 West Main Street, Ste. 101
Lancaster, Ohio 43130
Attorney for Defendant


CERTIFICATE OF SERVICE

The undersigned hereby certifies that the foregoing Motion of Defendant Board of Trustees of Fairfield County District Library for Continuance of Evidentiary Hearing was served on the individual listed below this 22nd day of November, 2010 by regular U.S. Mail, postage prepaid.

Robert A. Neinast
8617 Ashford Lane
Pickerington, Ohio 43147

  /s/     Jason M. Dolin          
Jason M. Dolin