Spreadbury v. Bitterroot Public Library et al

Filing 108

MOTION for Summary Judgment DEFENDANT LEE ENTERPRISES INC'S MOTION FOR SUMMARY JUDGMENT ON REMAINING COUNTS Jeffrey Brandon Smith appearing for Defendant Lee Enterprises Incorporated Motions referred to Jeremiah C. Lynch. (Smith, Jeffrey)

Jeffrey B. Smith
GARLINGTON, LOHN & ROBINSON, PLLP
350 Ryman Street . P. O. Box 7909
Missoula, MT 59807-7909
Telephone [phone]
Telefax [phone]
[e-mail]
Attomeys for Defendant, Lee Enterprises, Inc.

IN THE UNITED STATES DISTRICT COURT
FOR TT{E DISTRICT OF MONTANA
MISSOULA DIVISION
MICFTAEL E. SPREADBURY,

Cause No.

CV-l l-064-M-DWM

Plaintiff,

BITTERROOT PUBLIC LIBRARY,
CITY OF FIAMILTON, LEE
ENTERPRISES, INC., and BOONE
KARLBERG P.C..

DEFENDANT LEE ENTERPRISES,
INC.'S MOTION FOR
SLMMARY JI.JDGMENT ON
REMAINING COUNTS

Defendants.

Defendant, Lee Enterprises, Inc. ("Lee Enterprises"), moves this Court to
enter summary judgrnent in favor of Lee Enterprises for the remaining counts in

Pro Se Plaintiff Michael Spreadbury's Second Amended Complaint, pursuant to
Federal Rule of Civil Procedure 56(c), for there are no genuine issues of material

fact, and Lee Enterprises is entitled to judgment as a matter of law.

This motion is supported by Defendant, Lee Enterprises, Inc.'s Brief in

r058270

Support of Motion for Summary Judgment, filed concunently.

In accordance with Local Rule 7.1(c)(1), Pro Se Plaintiffhas been contacted
and

will

oppose this

motion. Counsel for the other Defendants named in Plaintiff

Amended Complaint have been contacted and do not oppose this motion.

DATED this 28th day of September,20l l.

lsl

Jeffrey B. Smith
Attomeys for Defendant, Lee Enterprises, Inc.

s

CERTIFICATE OF SERVICE

I hereby certifu that on the 28th day ofSeptember, 201l, a copy ofthe
foregoing document was served on the following persons by the following means:

]I
2

CM/ECF
Hand Delivery

Mail
Ovemight Delivery Service
Fax

E-Mail

l.

Clerk, U.S. District Court

2.

Michael E. Spreadbury
P.O. Box 416
Hamilton, MT 59840
Pro Se Plaintiff

3.

William L. Crowley
Natasha Prinzing Jones
Thomas J. Leonard
[e-mail]
npj ones@boonekarlberg. com
tleonard@boonekarl berg. com
Attomeys for Defendants Bitterroot Public Library, City of Hamilton, and
Boone Karlbers P.C.

lsl

Jeffrey B. Smith
Attomeys for Defendant, Lee Enterprises, Inc.

t05827r.)