Spreadbury v. Bitterroot Public Library et al

Filing 111

AFFIDAVIT in Support re 108 MOTION for Summary Judgment DEFENDANT LEE ENTERPRISES INC'S MOTION FOR SUMMARY JUDGMENT ON REMAINING COUNTS FOUNDATIONAL AFFIDAVIT OF JEFFREY B SMITH IN SUPPORT OF DEFENDANT LEE ENTERPRISES INC'S MOTION FOR SUMMARY JUDGMENT ON REMAINING COUNTS filed by Lee Enterprises Incorporated. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J) (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 TTM I.INITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
MISSOULA DIVISION

MIC}IAEL E. SPREADBURY,

Cause No.

CV-l l-064-M-DWM

Plaintiff,

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

FOUNDATIONAL AFFIDAVIT OF
JEFFREY B. SMITH IN SUPPORT
OF DEFENDANT LEE
ENTERPRISES, INC.'S MOTION
FOR SUMMARY JUDGMENT ON
REMAINING COLINTS

Defendants.

STATE OF MONTANA

)

County of Missoula

:ss
)

I, Jeffrey B. Smith, being duly sworn and under oath, state as follows:
I

1059947

.

I am an attomey with the firm of Garlington, Lohn & Robinson,

PLLP.

This firm has been retained to represent Defendant, Lee Enterprises, Inc., in this

matter. I am one of the attomeys of record.

2.

I provide this Affidavit as a foundation for certain documents provided

in support of Defendant Lee Enterprises, Inc.'s Motion for Summary Judgment on
Remaining Counts, Brief in Support and Statement of Undisputed Facts In Support

of Motion for Summary Judgment
3

.

Exhibit A is a true and accurate copy of Defendant, Lee Enterprises,

Inc.'s First Set of Written Discovery Requests to Plaintiff, dated August 12,2011'

4.

Exhibit B is a true and accurate copy of documents faxed from Michael

E. Spreadbury to Jeffrey B. Smith on August 15,2011, in response to Defendant,
Lee Enterprises, Inc.'s First Set of Written Discovery Requests to Plaintiff'

5.

Exhibit C is a true and accurate copy of the Amended Complaint,

Spreadbury v. Il'etzsteon and Corn, Ravalli County Cause No. DY-10-222, filed

May 7,2010.

6.

Exhibit D is a true and accurate copy ofthe Transcript ofProceedings,

Spreadbury v. Wetzsteon and Corn, Ravalli County Cause No. Dy-10-222, dated
August 6,2010.

7.

Exhibit E is a true and accurate copy ofthe Transcript ofProceedings,

Spreadbury v. Bell, Ravalli County Cause No. Dy-10-223, dated August 6,2010.

8.

t059947

Exhibit F is a true and accurate copy of the Transcript of Proceedings,

Spreadbury v. Roddy,Ravalli County Cause No' DY-10-224, dated August 6,
2010.

g.

Exhibit G is a true and accurate copy of an Order Setting Hearing, State

v. Spreadbury, Ravalli County Cause No' DC-10-26, filed August 6,2010-

10.

Exhibit H is a true and accurate copy ofaRavalli Republic arlicle

entitled "spreadbury lawsuits begin pretrial hearings," dated August 9,2010.
I

1.

Exhibit I is a true and accurate copy of an Order of Dismissal, City of

Hamiltonv. Spreadbury, Ravalli County Cause No. DC-10-26, filed August 17'
2010.

12.

10599,t?

Exhibit J is a true and accurate copy ofa Ravalli Republic correction,

dated August 24,2010.

DATED 16;5

f,l

aay of September, 201

1.

Attorneys for Defendant, Lee Enterprises, Inc.:

GARLINGTON, LOHN & ROBINSON, PLLP
350 Ryman Street. P. O, Box 7909

Missoula,MT 59807-7909
Telephone [phone]
Telefax &06\ 523-2595

STATE OF MONTANA

)
:ss.

County of Missoula

)

Signed and swom to before me on the

fl i],. t D

1^,,1

-.+4
s / day ofSeptember,201 I, by

r'

(Type or print name)
OTARY PUBLIC FOR
FIE STATE OF MONTANA
esiding at
My commission expires:

1Q59947

Montana

CERTIFICATE OF SERVICE
I hereby certifu that on the4gJday ofSeptember, 20ll,acopy ofthe
foregoing document was served on the following persons by the following means:

1.3
2

CM//ECF
Hand Delivery

Mail
Overnight 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
[e-mail]
Attomeys for Defendants Bitterroot Public Library, City of Hamilton, and
Boone Karlbere P.C.