Spreadbury v. Bitterroot Public Library et al

Filing 122

REPLY to Response to Motion re 119 MOTION for Leave to File Under Seal filed by Kenneth S. Bell, Bitterroot Public Library, Robert Brophy, Steven Bruner-Murphy, City of Hamilton, Jennifer B. Lint, Ryan Oster, Nansu Roddy, Trista Smith, Steve Snavely, Jerry Steele. (Leonard, Thomas)

William L. Crowley
Natasha Prinzing Jones
Thomas J. Leonard
BOONE KARLBERG P.C.
201 West Main, Suite 300
P.O. Box 9199
Missoula, MT 59807-9199
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
[e-mail]
Attorneys for Defendants Bitterroot Public Library,
City of Hamilton and Boone Karlberg P.C.
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
MISSOULA DIVISION
MICHAEL E. SPREADBURY,

Cause No. CV-11-064-M-DWM

Plaintiff,

CITY DEFENDANTS’ REPLY
BRIEF IN SUPPORT OF MOTION
TO FILE UNDER SEAL

v.
BITTERROOT PUBLIC LIBRARY,
CITY OF HAMILTON, LEE
ENTERPRISES, INC., BOONE
KARLBERG P.C., DR. ROBERT
BROPHY, TRISTA SMITH, NANSU
RODDY, JERRY STEELE, STEVE
SNAVELY, STEVEN BRUNERMURPHY, RYAN OSTER,
KENNETH S. BELL, and JENNIFER
LINT,
Defendants.

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Pursuant to Local Rule 1.8(b), the City Defendants moved the Court for its
Order allowing the filing of the City Defendants’ Statement of Undisputed Facts
under seal. The Order is necessary because the City Defendants’ Statement of
Undisputed Facts refers to and attaches a number of police reports, which are
confidential criminal justice information. See Mont. Code Ann. § 44-5-303.
Plaintiff has now “responded” to the motion, although his response is just
another tirade against the City Defendants, its counsel, and this Court. He has
concurrently filed a motion for sanctions against Boone Karlberg, P.C.1 That
motion, as well as his latest allegations concerning an alleged unlawful entry into
his home on October 4, 2011, will be addressed separately. Important here,
Plaintiff has not substantively responded to the Motion To File Under Seal.
Plaintiff presents no argument or rationale as to why the Statement of
Undisputed Facts, with its attached police reports, should not be filed under seal.
He does not dispute – nor could he – that the police reports are confidential
criminal justice information. See Mont. Code Ann. § 44-5-303. He likewise
presents no authority suggesting the police reports should not be considered on
summary judgment. See, e.g., Sudberry v. Arizona, 2010 WL 1654140, *4
(D. Arizona 2010) (summary judgment based in part on police reports was proper,
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Notably, at the same time he moves for sanctions against Boone Karlberg, P.C., Plaintiff
blatantly misrepresents to the Court that “Spreadbury is not under investigation, nor has ever
committed a crime in Montana.” (Spreadbury’s Response, p. 3 (emphasis added).) That is
patently false. See State v. Spreadbury, 257 P.3d 392 (Mont. 2011).
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as factual findings resulting from an investigation made pursuant to authority
granted by law are admissible under exception to hearsay rule.)
Plaintiff’s only argument against the City Defendants’ Motion To File Under
Seal appears to be that any kind of evidence that is unfavorable to him is irrelevant:
“Only fact remains is Spreadbury’s fundamental right not upheld.” (Spreadbury’s
Response, p. 3.) Oddly, in support of this claim, he attaches a January 12, 2008
letter from FEMA finding him “suitable for continued employment,” which he
calls “Spreadbury National Security Clearance.” (Plaintiff’s Response, p. 3.) In
any event, there can be no question the City Defendants are entitled to present
evidence to the Court establishing their entitlement to judgment as a matter of law.
For these reasons, the City Defendants’ Motion To File Under Seal should
be granted.
DATED this 18th day of October, 2011.
/s/Thomas J. Leonard
Thomas J. Leonard
BOONE KARLBERG P.C.
Attorneys for Defendants
Bitterroot Public Library, City of
Hamilton and Boone Karlberg P.C.

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CERTIFICATE OF SERVICE
I hereby certify that, on the 18th day of October, 2011, a copy of the
foregoing document was served on the following persons by the following means:
__1____

CM/ECF

_______

Hand Delivery

__2____

Mail

_______

Overnight Delivery Service

_______

Fax

_______

E-Mail

1.

Clerk, U.S. District Court

2.

Michael E. Spreadbury
700 South Fourth Street
Hamilton, MT 59840
/s/ Thomas J. Leonard
Thomas J. Leonard
BOONE KARLBERG P.C.
Attorneys for Defendants Bitterroot Public
Library, City of Hamilton,
and Boone Karlberg P.C.

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