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 |
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 |
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.