Spreadbury v. Bitterroot Public Library et al

Filing 124

AMENDED DOCUMENT by Lee Enterprises Incorporated. Amendment to 111 Affidavit in Support of Motion,, AMENDED AFFIDAVIT OF JEFFREY B. SMITH IN SUPPORT OF DEFENDANT LEE ENTERPRISES INC'S MOTION FOR SUMMARY JUDGMENT ON REMAINING COUNTS. (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, # 11 Exhibit K) (Smith, Jeffrey) Modified on 10/21/2011 to create relationship w/ 108 Motion (APP, ).

Jeffrey B. Smith

GARLINGTON, LOHN & ROBINSON, PLLP
350 Ryman Street. P. O. Box 7909
Missoula, MT 59807 -7909
Telephone (a06) 523-2500
Telefax [phone]
j bsmith@garlington. com
Attorneys for Defendant, Lee Enterprises, Inc.

IN TI{E UNITED STATES DISTRICT COURT
FOR TFIE DISTRICT OF MONTANA
MISSOULA DIVISION
Cause No.

MICHAEL E. SPREADBURY.
Plaintiff.
V.

BITTERROOT PI'BLIC LIBRARY,
CITY OF HAMILTON, LEE
ENTERPRISES, INC., and BOONE
KARLBERG P.C..

CV-l 1-064-M-DWM

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

Defendants.

STATE OF MONTANA )
:SS

County of

Missoula

)

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

l.

I am an attorney 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 attornevs of record.

l 069083

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 12,201I.

4.

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

Michael E. Spreadbury to Jeffrey B. Smith on August 15,201l, 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. I4/etzsteon and Corn, Ravalli County Cause No. DV-10-222,

fied

May 7,2010.

6.

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

Spreadbury v. Wetzsteon and Corn, Ravalli County Cause No. DV-10-222, dated

August 6,2010.

7.

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

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

8.

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

Spreadbury v. Roddy, Ravalli County Cause No. DV-IA-224, dated August 6,

l

069083

2010.

9.

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 of a Ravalli Republic article

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

from Ravalli Republic' s website-http://www.ravallirepublic.com/news/local/crimeand-courts/article 0e5fl le0-a349-11df-9316-00lcc4c002e0.html- on September

2r,2011.

11.

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

Hamilton v. Spreadbury,Ravalli County Cause No. DC-10-26, filed August 17,

20t0.

12.

Exhibit J is a true and accurate copy of a Ravalli Republic Correction,

dated August 24,2010.

13.

Exhibit K is a true and accurate copy of a Ravalli Republic article

entitled "spreadbury lawsuits begin pretrial hearings," dated and published on

l 069083

August 9,2010.

DATED this
Attorneys for Defendant, Lee Enterprises, Inc.:
GARLINGTON, LOHN & ROBINSON, PLLP
350 Ryman Street. P. O. Box 7909
Missoula, MT 59807 -7909
Telephone (a06) 523-2500
Telefax [phone]

STATE OF MONTANA

)
: ss.

County of Missoula

)

J

Siened and sworn to before me on the
* K* u.,
Ssn i\L-*-

.

ts-O^h-\
(Type or print name)
NOTARY PUBLIC FOR
TI{E STATE OF MONTANA
Residing at Nlr g sD tpt
, Montana
My commission expires: I D' -3o. 2ot'l

e-

I

069083

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

I.

3

2

CM/ECF
Hand Delivery

Mail
Overnight Delivery Service
Fax
E-Mail

1.

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
bcrowley @boonekarlberg. com
npj ones@boonekarlberg. com
tleonard@boonekarlberg. com
Attorneys for Defendants Bitterroot Public Library, City of Hamilton, and
Boone Karlberg P.C.

lsl

Jeffrev B. Smith
Attorneys for Defendant, Lee Enterprises, Inc.

I

069083