Spreadbury v. Bitterroot Public Library et al

Filing 114

MOTION for Leave to File Motion for Sanctions, Purjury, False Swearing by Plaintiff Michael E. Spreadbury. Motions referred to Jeremiah C. Lynch. (APP, )

Michael E. Spreadbury

700 S. 4th Street
Hamilton, MT 59840
Telephone: [phone]
[e-mail]

Pro Se Plaintiff
IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MONTANA

MISSOULA DIVISION

MICHAEL E. SPREADBURY

) Cause No: cv-II-64-DWM-JCL
)

Plaintiff
v.

) LEAVE FILE

BITIERRooT PUBLIC LIBRARY,

) MOTION FOR SANCTIONS

CITY OF HAMILTON,

) PURJURY,

LEE ENTERPRISES, INC.,

) FALSE SWEARING

BOONE KARLBERG, PC,

)
)

Comes now Spreadbury requesting leave file motion for petjury, false swearing
against Defendant Lee Enterprises PC (hereafter "Lee ") in the aforementioned.
Motion
In accordance with PRCP Rule 12(2) Spreadbury requesting leave to specifY
known misconduct by Defense Counsel Jeffrey B. Smith. Smith is attorney of
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Plaintiff leave file motion for sanctIons Cause 9:2011-CV-11-64-DWM-JCL

October 6,2011

record for Lee Enterprises knowingly deceived this Honorable court as to material
facts in the aforementioned to plead for summary judgment for Defendant Lee.
Smith knowingly violated FRCP Rule II(b) in representations to court;
specifically Rule 11(b)(1) improper purpose to mislead court as to lack of material
facts by use of known false swearing and associated misrepresentation, Rule
I 1(bX3) as Smith express factual contents in known false affidavit to support
evidence ofno material facts remaining and summary judgment in aforementioned.
FRCP Rule 11(bX4) applies as a denial ofthe factual contractions are warranted,
as infonnation presented in Smith's September 27,2001 foundational affidavit are
not based upon sound evidence, but known falsities requiring law firm Garlington

Loho, and Robinson PLLP jointly held responsible for the act of associate Jeffrey
B. Smith esq. Support for Smith's known false information in Spreadbury's
October 6, 2011 affidavit served upon this Honomble Court.
Smith knowing made several false statements within his September 27, 2011
affidavit under sworn oath, and before a notary. These actions meet subsection 1
as statements are critically material to outcome ofthis case Montana Code Ann.
MCA§ 45-7-20l [Perjury]. Smith's actions meet Montana Code Ann MCA§ 45-7­
202 subsection 1, knowingly making false statement under oath, and under l(c) for
making such sworn statements before a notary.

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Plaintiff Leave file motion for sanctions Cause 9:2011-CV-11-64-DWM-JCL

October 6,2011

Spreadbury will yield to honorable court to detennine appropriate hearings,
findings offacts on omissions and known falsities presented by Jeffrey B. Smith to
this court in the fonn of sworn affidavit before a notary in the State of Montana.
Spreadbury asks that court receives this pleading in good faith that misconduct has
occurred that is material to this case, knowingly and intentionally done to alter the
outcome of the aforementioned. The court is further instructed to implement such
sanction that is appropriate for Smith's violation, and interpret this pleading as
liberally as needed to rectifY the situation.

Respectfully submitted this

&..ff...

day ofOctober, 2011

BY:_ _--L..--'-:r-.....-::-_--n~------

Michael E. Spreadbury, SelfRepresented Plaintiff

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