Tronsen v. Toledo-Lucas County Public Library

Filing 32

Motion for leave to file Memorandum in Opposition filed by Defendant Toledo-Lucas County Public Library. Related document(s) 30 . (Borell, John)

Tronsen v. Toledo-Lucas County Public Library

Doc. 32

Case 3:08-cv-00148-JGC Document 32

Filed 04/29/08 Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO WESTERN DIVISION

ANDERS TRONSEN, Plaintiff

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Case No. 3:08-CV-148 JUDGE: CARR

vs. * * TOLEDO-LUCAS COUNTY PUBLIC LIBRARY Defendant * * * * * * Julia R. Bates Lucas County Prosecuting Attorney By: John A. Borell (0016461) Karlene D. Henderson(0076083) Assistant Prosecuting Attorneys Lucas County Courthouse, Suite 250 Toledo, Ohio 43624 Phone: [phone] Fax: [phone] E-mail: [e-mail] Counsel for Defendant DEFENDANT'S MOTION FOR LEAVE TO FILE MEMORANDUM IN OPPOSITION TO PLAINTIFF'S MOTION FOR LEAVE TO FILE AMENDED COMPLAINT

* ________________________________________________________________________________________ In accordance with this Court's Order of April 14, 2008, the defendant herein seeks leave to file a memorandum in opposition to plaintiff's motion for file an amended complaint. If granted, the defendant's opposition would establish that the filing of an amended complaint, as proposed by the plaintiff, would be 1

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Case 3:08-cv-00148-JGC Document 32

Filed 04/29/08 Page 2 of 3

futile.1 Thus, the defendant herein requests that it be granted leave to file a memorandum in opposition.

Respectfully submitted JULIA R. BATES LUCAS COUNTY PROSECUTING ATTORNEY

By:

/s/ John A. Borell John A. Borell Karlene D. Henderson Assistant Prosecuting Attorneys Counsel for Defendant

The proposed amended complaint seeks to assert a due process claim. The alleged due process claim is based solely on the allegation that the defendant did not mail the notice of violation, which included the right to appeal, until after the expiration of the seven day time limit to appeal. However, the defendant's policy states that an appeal may be submitted within seven days of RECEIPT of the letter. (The Library's written policies and procedures were attached to the memorandum in opposition to the motion for a temporary restraining order.) Thus, the date of mailing is irrelevant to determining the time limit for the administration appeal.

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Case 3:08-cv-00148-JGC Document 32

Filed 04/29/08 Page 3 of 3

CERTIFICATION A copy of the foregoing Motion for Leave was sent by email and regular mail to the plaintiff on the 29th day of April, 2008.

/s/ John A. Borell John A. Borell Assistant Prosecuting Attorney Counsel for Defendant

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