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


RESPONSE OF DEFENDANT TO PLAINTIFF'S MOTION FOR AN ORDER
REGARDING THE EVIDENTIARY HEARING


Plaintiff has raised certain logistical and scheduling questions in connection with the evidentiary hearing currently scheduled by this Court for February 16, 2011. It appears that many of the questions raised by the Plaintiff could be addressed in a pre-hearing telephone or in-person conference and Defendant would certainly have no objection to the Court ordering such a conference.

Although I do not anticipate the hearing being lengthy, Plaintiff is correct that I am currently scheduled to sit as a magistrate the following day – February 17, 2011 – and I would respectfully request that if the hearing needs to carry over beyond February 16, that it be conducted on a day other than February 17.


  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 Response of Defendant to Plaintiff's Motion for an Order Regarding the Evidentiary Hearing was served on the Robert A. Neinast, at the address set forth below, by regular U.S. Mail, postage prepaid, this 21st day of January, 2011.

Robert A. Neinast
8617 Ashford Lane
Pickerington, Ohio 43147

  /s/     Jason M. Dolin          
Jason M. Dolin