Neinast v. Board of Trustees of the Fairfield County District Library


Trial Court
First Appeal
Remand to Trial Court
Appeal to Supreme Court
Second Appeal



COURT OF COMMON PLEAS
FAIRFIELD COUNTY, OHIO


Robert A. Neinast

Plaintiff,
v.
Board of Trustees of the Fairfield
County District Library

Defendants.
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Case No. 09 CV 0657

Judge Martin




Selected Docket Items

DATE DOCKET ENTRY
May 13, 2009 COMPLAINT FILED

Complaint for Declaratory Judgment and Permanent Injunction
June 3, 2009 ANSWER OF DEFENDANT

Answer of Defendant
June 23, 2009 NON-DOCKET ITEM

Plaintiff's First Set of Interrogatories and Request for Production of Documents
June 25, 2009 NOTICE OF INITIAL TELEPHONE CONFERENCE

Notice of Initial Telephone Conference
(scheduled for July 27, 2009)
July 28, 2009 Scheduling Order
August 7, 2009 NON-DOCKET ITEM

Answers to Plaintiff's First Set of Interrogatories
August 10, 2009 NON-DOCKET ITEM

Plaintiff's Second Set of Interrogatories
August 28, 2009 AMENDED ANSWER OF DEFENDANT

Motion of Defendant to Amend its Answer
Amended Answer of Defendant
September 2, 2009 NON-DOCKET ITEM

Defendant's Responses to Plaintiff's Second Set of Interrogatories
September 11, 2009 Plaintiff's Motion for Order to Compel Discovery
September 15, 2009 Notice of Hearing on Motion to Compel Discovery
September 17, 2009 Notice of Filing Answers to Interrogatories
Exhibit 1 - Code of Conduct, April 17, 2007
Exhibit 2 - Commercial General Liability Coverage Form (PDF)
Exhibit 3 - Code of Conduct, April 15, 1997
Exhibit 4 - Meeting Minutes, April 15, 1997
Exhibit 5 - Meeting Minutes, January 20, 2009
Exhibit 6 - Meeting Minutes, February 17, 2009
September 29, 2009 Motion of Defendant to Amend its Answer to Plaintiff's First Set of Interrogatories
Defendant's Amended Responses to Plaintiff's First Set of Interrogatories and Request for Production of Documents
September 29, 2009 Defendant's Memorandum Contra Plaintiff's Motion to Compel Discovery
September 29, 2009 Plaintiff's Motion for Summary Judgment
Affidavit of Robert A. Neinast
Exhibit 1 - Talk to Board of Trustees, October 20, 2008
Tab 1 - Abraham Lincoln Anecdote, from "Abraham Lincoln" by Charles Coffin
Tab 2 - Johnny Appleseed, from Harper's New Monthly Magazine
Tab 3 - A Complete History of Fairfield County, Ohio, by Hervey Scott
Tab 4 - Jackson v. Dorrier, 424 F.2d 213
Tab 5 - Right to Read Program, from the Canton Library
Tab 6 - Shod versus unshod: The emergence of forefoot pathology in modern humans?, by B. Zipfel, L.R. Berger. The Foot (December 2007), Vol. 17, Issue 4, pp. 205-213.
Tab 7 - The High Price of High-Fashion Footwear, by Francesca M. Thompson and Michael J. Coughlin. The Journal of Bone & Joint Surgery, Vol. 76-A, No. 10, pp. 1586-1593 (October, 1994).
Tab 8 - Barefoot Running, by Michael Warburton. Sportscience.
Tab 9 - Running-related injury prevention through innate impact-moderating behavior, by Steven E. Robbins, Gerard J. Gouw, and Adel M. Hanna. Medicine and Science in Sports and Exercise, Vol. 21, No. 2, pp. 130-139 (April, 1989).
Tab 10 - Soft tissue and bone infections from puncture wounds in children, by Terese J. Laughlin, David G. Armstrong, Joseph Caporusso and Lawrence A. Lavery. The Western Journal of Medicine, Vol. 166, No. 2, pp. 126-128 (February, 1997).
Tab 11 - Pictures
Exhibit 2 - Email from Marilyn Steiner, December 1, 2009
Exhibit 3 - Email to Marilyn Steiner, December 3, 2009
Exhibit 4 - Issues Regarding Safety, by Robert Neinast
Attachment 1 - Conclusions Drawn from a Comparative Study of the Feet of Barefooted and Shoe-wearing Peoples, by Phil. Hoffman, M.D. The American Journal of Orthopedic Surgery, Vol. 3, No. 2, pp. 105-136 (October, 1905).
Attachment 2 - Survey in China and India of Feet That Have Never Worn Shoes, by Samuel B. Shulman, Pod.D. The Journal of the National Association of Chiropodists, Vol. 49, pp. 26-30 (1949).
Attachment 3 - Footgear - Its History, Uses and Abuses, by Steele M. Stewart, M.D. Clinical Orthopaedics and Related Research, Vol. 88, pp. 119-130 (October, 1972).
Attachment 4 - Running-related injury prevention through barefoot adaptations, by Steven E. Robbins and Adel M. Hanna. Medicine and Science in Sports and Exercise, Vol. 19, No. 2, pp. 148-156 (April, 1987).
Attachment 5 - Overload protection: avoidance response to heavy plantar surface loading, by Steven E. Robbins, Adel M. Hanna, and Gerard J. Gouw. Medicine and Science in Sports and Exercise, Vol. 20, No. 1, pp. 85-92 (February, 1988).
Attachment 6 - Running-related injury prevention through innate impact-moderating behavior, by Steven E. Robbins, Gerard J. Gouw, and Adel M. Hanna. Medicine and Science in Sports and Exercise, Vol. 21, No. 2, pp. 130-139 (April, 1989).
Attachment 7 - Dermatophytosis of the Feet, by Gayle D. Masri-Fridling, MD. Dermatologic Clinics, Vol. 14, No. 1, pp. 33-40 (January, 1996) (citing "Cutaneous infections: Dermatophytosis and dermatomycosis, by J. W. Rippon. Medical Mycology, pp. 218-223 (Philadelphia, W. B. Saunders, 1988)).
Attachment 8 - Communal showers and the risk of plantar warts, by L. W. Johnson. The Journal of Family Practice, Vol. 40, No. 2, pp. 136-138 (February, 1995).
Attachment 9 - Untersuchung über mögliche kausale Faktoren bei epidemischer Häufung von Plantarwarzen ("Possible causative factors in epidemic incidence of plantar warts"), by U. Benz and F. Gilliet. Schweizerische medizinische Wochenschrift, Vol. 106, No. 20, pp. 666-671 (May 15, 1976).
Attachment 10 - Pitted Keratolysis: A Common Infection of Active Feet, by Michael L. Ramsey, MD. The Physician and Sportsmedicine, Vol. 24, No. 10, pp. 51-57 (October, 1996).
Attachment 11 - Lateral stability in sideward cutting movements, by Alex Stacoff, Jurg Steger, Edgar Stussi, and Christoph Reinschmidt. Medicine and Science in Sports and Exercise, Vol. 28, No. 3, pp. 350-358 (March, 1996).
Attachment 12 - Factors associated with Ankle Injuries - Preventative Measures, by Steven Robbins and Edward Waked. Sports Medicine, Vol. 25, No. 1, pp. 63-72 (January, 1998).
Attachment 13 - Footwear and Postural Stability in Older People, by Hylton B. Menz and Stephen R. Lord. Sports Medicine, Vol. 89, No. 7, pp. 346-357 (July, 1999).
Attachment 14 - Analysis of muscular fatigue and foot stability during high-heeled gait, by Amit Gefen, M. Megido-Ravid, Y. Itzchak, and M. Arcan. Gait and Posture, Vol. 15, No. 1, pp. 56-63 (February, 2002).
Attachment 15 - Women's shoes and knee osteoarthritis, by D. Casey Kerrigan, Jennifer L. Lelas, Mark E. Karvosky. The Lancet, Vol. 357, No. 9262, pp. 1097-1098 (April 7, 2001).
Attachment 16 - Soft tissue and bone infections from puncture wounds in children, by Terese J. Laughlin, David G. Armstrong, Joseph Caporusso and Lawrence A. Lavery. The Western Journal of Medicine, Vol. 166, No. 2, pp. 126-128 (February, 1997).
Exhibit 5 - Footwear (or lack thereof) Injury Cases
September 29, 2009 Defendant's Objections to Plaintiff's Interrogatories
October 7, 2009 Plaintiff's Response to Defendant's Motion to Amend its Answer to Plaintiff's First Set of Interrogatories
October 26, 2009 Notice of Hearing on Motion for Summary Judgment
October 27, 2009 Entry (Motion to Amend Answers to Interrogatories)
October 29, 2009 Motion to Dismiss Plaintiff's Complaint
Attachment 1 - Neinast v. Bd of Trustees of the Columbus Metro. Library (S.D. Ohio 2002), 190 F. Supp. 2d 1040
Attachment 2 - Neinast v. Bd. of Trustees of the Columbus Metro. Library (C.A. 6, 2003), 346 F. 3d 585
Attachment 2 - Neinast v. Board of Trustees of the Columbus Metropolitan Library, (C.A., Franklin, 2006)
November 9, 2009 Motion to Deny Plaintiff's Motion for Summary Judgment
Attachment - Affidavit of Marilyn Steiner (November 9, 2009)
November 12, 2009 Plaintiff's Memorandum Contra Defendant's Motion to Dismiss
November 16, 2009 Plaintiff's Reply to Defendant's Memo Contra/Motion to Deny Motion for Summary Judgment
December 9, 2009 Entry (Order to Supplement Motion to Dismiss)
December 14, 2009 Motion for the Court to Amend its Entry of Dec. 9, 2009
December 23, 2009 Notice of Hearing on Motion to Amend Entry
January 7, 2010 Defendant's Motion for Summary Judgment and Response to Plaintiff's Motion for Summary Judgment
Attachment 1 - Affidavit of Marilyn Steiner (January 7, 2010)
Attachment 2 - Neinast v. Bd of Trustees of the Columbus Metro. Library (S.D. Ohio 2002), 190 F. Supp. 2d 1040
Attachment 3 - Neinast v. Bd. of Trustees of the Columbus Metro. Library (C.A. 6, 2003), 346 F. 3d 585
Attachment 4 - Neinast v. Board of Trustees of the Columbus Metropolitan Library, (C.A., Franklin, 2006)
January 8, 2010 Entry (Vacate Order of December 9, 2009)
January 14, 2010 Motion to Strike Defendant's Motion for Summary Judgment
January 22, 2010 Memo Contra Defendant's Motion for Summary Judgment
January 22, 2010 Notice of Additional Authority
February 16, 2010 Judgment Entry
Appealed to the Court of Appeals. That docket is here. The Court of Appeals did a partial remand. Continuing Trial Court proceedings below.
November 15, 2010 Opinion and Judgment Entry from the Court of Appeals,
Affirmed/Reversed in Part and Remanded
November 19, 2010 Notice of Evidentiary Hearing
November 22, 2010 Motion of Defendant for Continuance of Evidentiary Hearing
November 29, 2010 Response to Defendant's Motion for Continuance of Evidentiary Hearing and Motion to Convert Evidentiary Hearing to Non-Oral Hearing
November 30, 2010 Memo Contra of Defendant Board of Trustees of Fairfield County District Library to Motion of Plaintiff Robert A. Neinast to Convert the Evidentiary Hearing to a Non-Oral Hearing
November 30, 2010 Entry (Evidentiary Hearing Continued to February 16, 2011)
December 1, 2010 Notice of Evidentiary Hearing (Rescheduled)
January 20, 2011 Motion for Order Regarding the Evidentiary Hearing of February 16, 2011
January 20, 2011 NON-DOCKET ITEM

Notice to Take Deposition Duces Tecum Upon Oral Examination of Robert A. Neinast
January 21, 2011 Response of Defendant to Plaintiff's Motion for an Order Regarding the Evidentiary Hearing
January 24, 2011 Notice (Reschedule the Evidentiary Hearing).
January 24, 2011 Entry (Evidentiary Hearing continued to March 8, 2011).
February 22, 2011 Motion to Take Judicial Notice
February 28, 2011 Defendant's Memo Contra to Plaintiff's Motion to Take Judicial Notice
March 29, 2011 Entry (Result of Evidentiary Hearing of March 8, 2011).
March 30, 2011 Rule 5 (Notice of Final Appealable Order)
April 26, 2011 Notice of Filing of Appeal
May 23, 2011 Transcript of Proceedings
June 6, 2011 Notice of the Filing of the Record on Appeals
Appealed again to the Court of Appeals. That docket is here.




COURT OF APPEALS
FAIRFIELD COUNTY, OHIO
FIFTH APPELLATE DISTRICT


Robert A. Neinast

Plaintiff/Appellant,
v.
Board of Trustees of the Fairfield
County District Library

Defendant/Appellee.
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Court of Appeals Case
No. 2010-CA-011



Appeal from the Fairfield County
Court of Common Pleas in Case
No. 2009-CV-0657




Selected Docket Items

DATE DOCKET ENTRY
April 19, 2010 Brief of Appellant
May 10, 2010 Brief of Appellee
April 19, 2010 Reply Brief of Appellant
November 15, 2010 Opinion (PDF). Affirmed/Reversed in Part & Remanded.
Partial remand. Follow that back to the Trial Court here. Continue on for Application for Reconsideration in the Court of Appeals.
November 15, 2010 Judgment Entry
November 24, 2010 Application for Reconsideration
November 30, 2010 Notice of Substitution of Counsel for Defendant-Appellee Board of Trustees of the Fairfield County Library District
November 30, 2010 Memo Contra of Defendant-Appellee Board of Trustees of the Fairfield County Library District to the Motion for Reconsideration of Plaintiff-Appellant
January 31, 2011 Judgment Entry (Motion for Reconsideration)
Appealed to Ohio Supreme Court. For that docket, go here.




IN THE SUPREME COURT OF OHIO


Robert A. Neinast

Petitioner-Appellant,
v.
Board of Trustees of the Fairfield
County District Library

Respondent-Appellee.
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On Appeal from the Fairfield County
Court of Appeals, Fifth Appellate
District

Court of Appeals No. 2010-CA-011

Supreme Court No. 2011-0435




Selected Docket Items

DATE DOCKET ENTRY
March 17, 2011 Notice of Appeal of Appellant Robert A. Neinast
March 17, 2011 Memorandum in Support of Jurisdiction
March 25, 2011 NON-DOCKET ITEM

Letter from Jason Dolin to Robert Neinast
April 13, 2011 Memorandum in Response
April 26, 2011 Motion to Strike Portions of Memorandum in Response and Motion to Hold the Cause
May 4, 2011 Memorandum in Response to Motion to Strike Portions of Respondent-Appellee's Memorandum in Response and Motion to Hold the Cause
June 8, 2011 Jurisdiction declined and appeal dismissed




COURT OF APPEALS
FAIRFIELD COUNTY, OHIO
FIFTH APPELLATE DISTRICT


Robert A. Neinast

Plaintiff/Appellant,
v.
Board of Trustees of the Fairfield
County District Library

Defendant/Appellee.
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Court of Appeals Case
No. 2011-CA-026



Appeal from the Fairfield County
Court of Common Pleas in Case
No. 2009-CV-0657




Selected Docket Items

DATE DOCKET ENTRY
June 27, 2011 Brief of Appellant
July 12, 2011 Brief of Appellee
July 25, 2011 Reply Brief of Appellant
August 29, 2011 Judgment Entry:
This case is scheduled for oral arguments on October 25, 2011 at 10:02am at the Licking County Courthouse.