Spreadbury v. Bitterroot Public Library et al

Filing 178

MOTION for Order by Plaintiff Michael E. Spreadbury. Motions referred to Jeremiah C. Lynch. (APP, )

Michael E. Spreadbury
700 S. 4th Street
Hamilton, MT 59840
Telephone: [phone]
mspread(lllhotmail.com

Pro Se Plaintiff
IN THE UNITED STATES DISJRICT COURT

FOR THE DISTRICT OF MONTANA

MISSOULA DIVISION

Cause No.: CV-11-64-DWM-JCL
MICHAEL E. SPREADBURY
Plaintiff

)
)

v.

)

MOTION FOR ORDER

BITTERROOT PUBLIC LIBRARY,

)

DEFENSE CONTEMPT

CITY OF HAMILTON,

)

LEE ENTERPRISES INC.,

)

BOONE KARLBERG PC,

)

Defendants

)

Comes now Plaintiff with Rule 7.1 (b) motion for ORDER before court due to
Defendant Boone request and acquiring confidential, privileged information inter

alia in violation ofF.R. Civ. P. Rule 26(b), bad faith conduct, abuse ofjudicial
process, contempt of court outside ofproceeding.

Plaintiff Motion for Court Order

Cause 9:11-cv-1l-64-DWM-JCL

November 28, 2011

Motion:
WHEREFORE, Plaintiff moves court to adopt proposed order, other relief,

hearing as to Defendant Boone conduct knowingly in harassment of Plaintiff, in
contempt of Federal Rule 26(b) before this court.
Defense opposes motion.
Brief in Support:
Plaintiff has expectation of privacy, confidential information obtained by
Defendant Boone without court approval or release of protected information in
violation ofF.R.Civ.P_ Rule 26(a). The Privacy Act: 5 USC§ 552(a)(b); HIPPA
Act: 45 CFR§ 160-164; FERPA 1974: 20 USC§ 1232g & 34CFRpart 99 protect

Plaintiff from breech of confidential, privileged information. Without lawful
subpoena, Defendant issuing unlawful subpoena to third parties to unlawfully
obtain confidential information in violation ofPlaintifflawful expectation of
pnvacy.
Plaintiff made court aware September 14, 2011 at time of oral argument that
privileged, protected information being sought by Defendants. Plaintiff asked
court to uphold federal privacy laws at oral argument. Plaintiff served on court
October 14,2011 Notice a/Continued Unlawful Activity Exhibits A-C Boone
disclosed full Social Security Number (SSN) ofPlaintiff as coversheet for unlawful
2

Plaintiff Motion for Court Order

Cause 9:11-cv-11-64-DWM-JCl

November 28, 2011

Subpoena to third parties in violation of Rule 26(a). Plaintiff served leave file
motion for sanctions against Defendant Boone after a 21 day safe harbor
November 4, 2011 for bad faith litigation for violating order of court, harassing
plaintiff. This court has not upheld court rules, protections to Plaintiff.
Court is given notice of ability to levy sanctions on Defendant Boone for activity
outside a courtroom Young 481 US at 798 (1977). Plaintiff presents cease and
desist proposed order for knowingly seeking privileged, confidential information in
violation ofFRCP Rule 26(a), court can find Boone in contempt by notice and
hearing before this court.
Information secured by adverse party counsel must be judged with care to not
violate protected information, court must preclude unwarranted "excursions into
the privacy ofaman's work" Hickman v. Taylor 329 US at 497 (1947). On two
occasions, Defendant Boone corresponded with Montana Department of
Corrections with intent to harass, give bad faith information to put Plaintiff in
undue jeopardy with no intention of gathering information for discovery with
respect to the aforementioned. Defendant Boone is in violation of 28 USC§ 1927
for vexatious actions to harass, retaliate against Plaintiff for seeking confidential,
privileged information, issue harassing information in cause for 42USC§ 1983.

3

Plaintiff Motion for Court Order

Cause 9:11-cv-11-64-DWM-JCl

November 28, 2011

Court has good reason, cause to call hearing, issue cease order for contempt
outside court, harassment, retaliation ofPlaintiff, in bad faith. Boone sought,
obtained Plaintiff privileged information in violation of Rule 26(a), 28 USC§ 1927.
Certificate of Compliance
From LR 7(dX2)(E) US District Court Rules Montana, I certifY that this brief
conforms with 14 point font, New Times Roman typeface, is double spaced,
contains 436 words excluding title page, this compliance.

1 C;""*"
Respectfully submitted this uf day ofNovember, 2011
/

. Spreadbury, Pro Se Plaintiff

4