IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO EASTERN DIVISION ROBERT A. NEINAST, Plaintiff vs. Civil Action 2:01-CV-443 Judge Marbley Magistrate Judge King BOARD OF TRUSTEES OF THE COLUMBUS METROPOLITAN LIBRARY, Defendants. PRELIMINARY PRETRIAL ORDER A preliminary pretrial conference was held on June 27, 2001. All parties appeared or were represented. Plaintiff challenges defendants' policy of requiring that library patrons wear shoes, and his one-day eviction for violation of that policy. Plaintiff asserts claims under 42 U.S.C. §1983 for alleged deprivations of his rights "to receive speech," to "the freedom of personal appearance" and freedom of expression, to due process, both substantive and procedural, and to equal protection. Plaintiff also asserts parallel state law claims. The action was removed as one arising under federal law. There is no jury demand. The Court has subject matter jurisdiction under 28 U.S.C. §1343 and supplemental jurisdiction under 28 U.S.C. § 1367. The Court has personal jurisdiction over the parties and venue is proper. Plaintiff may amend the complaint by July 2, 2001. The parties may propound up to forty (40) interrogatories and requests for admission without prior leave of the court. Defendants will file a motion for judgment on the pleadings, or for summary judgment, no later than August 2, 2001. Plaintiff may have until September 4, 2001 to respond, or until September 17, 2001 to respond if he requires discovery in order to respond. Plaintiff may also file, by this same date, a motion for summary judgment. Defendants may have until October 17, 2001 to reply in support of the anticipated motion. A continued preliminary pretrial conference will be held, if otherwise appropriate, following resolution of the anticipated dispositive motions. Settlement negotions are premature pending resolution of the anticipated dispositive motions. _______________________ Nora McCann King United States Magistrate Judge