Spreadbury v. Bitterroot Public Library et al

Filing 115

RESPONSE to Motion re 108 MOTION for Summary Judgment DEFENDANT LEE ENTERPRISES INC'S MOTION FOR SUMMARY JUDGMENT ON REMAINING COUNTS filed by Michael E. Spreadbury. (Attachments: # 1 Brief in Support, # 2 Affidavit, # 3 Exhibit to Affidavit) (APP, )

Michael E. Spreadbwy
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 DMSION

MICHAEL E. SPREADBURY

) Cause No: cv-11-64-DWM-JCL

)

Plaintiff

v.

) PLAINTIFF MOTION

BITIERROOT PUBLIC LIBRARY,

) IN OPPOSITION TO

CITY OF HAMILTON,

) DEFENDANT LEE

LEE ENTERPRISES, INC.,

) SUMMARY JUDGMENT

BOONE KARLBERG, PC,

)

----------------------)
Comes now Spreadbwy with motion in opposition to summary judgment for
Defendant Lee Enterprises PC (hereafter "Lee ") in the aforementioned.
Motion:
Spreadbury respectfully requests court reject Defendant Lee motion for summary
judgment due to issues ofmaterial fact that remain. Rule 56 ofthe Federal Rules
1

Plaintiff Motion Opposing Lee Summary Judgment Cause 9:2011-CV-11-64-DWM-JCL

October 6, 2011

of Civil Procedure FRCP 56 dictate court look at issue in light most favorable to
the non-moving party. Defendant Counsel for Lee has made improper sworn
statement as to the facts of this case. The Court is directed to Plaintiff affidavit
with respect to discovery article submitted with this motion. Court directed to
Plaintiff pleading, leave file false swearing, perjury submitted with this motion to
dismiss Defendant Lee request for summary judgment for material facts remaining
before this Honorable court.
WHEREFORE, Plaintiff asks court to dismiss Defense counsel's request for
summary judgment in light ofissues ofmaterial fact that remain, false swearing on
part of Defendant Lee in pleadings before this court.

This motion is opposed by Defense counsel.

Respectfully submitted this

G"'" day of October, 2011

Michael E. Spreadbury, Self Represented Plaintiff

2