Spreadbury v. Bitterroot Public Library et al

Filing 193

ORDER that the Court DECLINES to adopt Judge Lynch's Findings and Recommendations (dkt # 181) concerning Lee Entetprises, Inc.'s motion for summary judgment, subject to reconsideration when the stay is lifted. Furthermore, all motions pertaining to Lee Entetprises, Inc. are DENIED as moot, subject to renewal when the stay is lifted. Signed by Judge Donald W. Molloy on 12/16/2011. (APP, ) Modified on 12/16/2011 to reflect copy mailed to Spreadbury this date (APP, ).

FILED
DEc 16 2011
PATRICK

A..
-T.

E. DUFFY

,CLERK

~-.~'

--'~, r ClERi<~

IN THE UNIlED STAlES DISTRICT COURT

0I.JiA

FOR THE DISTRICT OF MONTANA
MISSOULA DIVISION

)
)
)
)
)
}

}

)

)

)

MICHAEL E. SPREADBURY,
Plaintiff,
vs.
BITIERRooT PUBLIC LIBRARY,
CITY OF HAMlLTON,
LEE ENTERPRISES, INC., and
BOONE KARLBERG P.C.

CV 11-64-M-DWM-JCL

ORDER

)

)

Defendants.

-------------------------}
United States Magistrate Judge Jeremiah C. Lynch issued Findings and
Recommendations (dkt # 181) concerning Lee Enterprises, Inc.' s motion for
summary judgment (dkt # 108). Before the Court could consider them, however,
Defendant Lee Enterprises, Inc. filed for bankruptcy, automatically staying the

-1­

case as against Lee Entetprises, Inc. pursuant to II U.S.C. § 362(a).
Accordingly, IT IS HEREBY ORDERED that the Court DECLINES to
adopt Judge Lynch's Findings and Recommendations (dkt # 181) concerning Lee
Entetprises, Inc.'s motion for summary judgment, subject to reconsideration when
the stay is lifted. Furthermore, all motions pertaining to Lee Entetprises, Inc. are
DENIED as moot, subject to renewal when the stay is lifted.
Dated this J.£/::day ofDecember, 201 L

-2­