COURT OF COMMON PLEAS
FRANKLIN COUNTY, OH


ROBERT A. NEINAST
Plaintiff,
v.
BOARD OF TRUSTEES OF THE COLUMBUS METROPOLITAN LIBRARY, et. al
Defendants.

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Case No. 04 CVH 06 6341

Judge Miller



MOTION OF PLAINTIFF ROBERT A. NEINAST FOR LEAVE TO FILE AN AMENDED COMPLAINT


Pursuant to Civ. R. 15, Plaintiff Robert A. Neinast respectfully moves this court for an order granting him leave to file an Amended Complaint. The reasons for this motion are set forth in the accompanying memorandum. The proposed Amended Complaint is attached as Exhibit A. A proposed Entry granting Plaintiff's Motion is attached as Exhibit B.



  Respectfully submitted,
_______________________
Robert A. Neinast
Plaintiff, PRO SE
8617 Ashford Lane
Pickerington, OH 43147
Phone: (614) 759-1601
Email: neinast@worldnet.att.net





MEMORANDUM

Civ. R. 15 permits a party to amend a complaint with leave of the court. The rule states that leave "shall be freely given when justice so requires."

Plaintiff Robert A. Neinast filed this action on June 17, 2004, asking this Court to declare invalid the Columbus Metropolitan Library's rule requiring shoes. That rule was contained in an Eviction Procedure created and enforced by the Executive Director of the Library, and was not part of any Patron Regulation promulgated by the Board of Trustees of the Library. Plaintiff asked the Court to declare that the Executive Director did not have statutory authority to create and enforce the rule, and that the Board of Trustees did not have the authority to delegate that authority to him. Plaintiff further asked the Court to declare that, even if the Board had promulgated such a rule, that rule would not be within the statutory grant of authority to the Board to make rules for "the proper operation and management" of the Library.

On August 30, 2004, Plaintiff Neinast, during discussions with Library's counsel regarding objections to Plaintiff's Interrogatories, learned that the Board officially passed a Customer Code of Conduct Policy requiring footwear in the Library, thereby rendering moot the question of the validity of the Eviction Procedure. This policy was passed on August 26, 2004, after the filing of this action.

Accordingly, Plaintiff Neinast requests that he be allowed to amend his Complaint to accurately reflect this change, thus directly challenging the new Patron Regulation requiring footwear. In the interest of expediting the resolution of this issue, Plaintiff has also dropped his request for damages.

For these reasons, Plaintiff prays that this court issue an order granting Plaintiff leave to file the proposed Amended Complaint.



  Respectfully submitted,
_______________________
Robert A. Neinast
Plaintiff, PRO SE
8617 Ashford Lane
Pickerington, OH 43147
Phone: (614) 759-1601
Email: neinast@worldnet.att.net


CERTIFICATE OF SERVICE

I hereby certify that a copy of the foregoing was served, by regular U.S. mail, postage prepaid upon Philomena M. Dane and Johnathan E. Sullivan, Attorneys for Defendants, Squire, Sanders & Dempsey, L.L.P., 1300 Huntington Center, 41 South High Street, Columbus, OH, 43215, this  7th  day of September, 2004.