Spreadbury v. Bitterroot Public Library et al

Filing 217

MOTION to Amend/Correct 182 Scheduling Order,,, LEE ENTERPRISES' RENEWED MOTION FOR NEW SCHEDULING ORDER Jeffrey Brandon Smith appearing for Defendant Lee Enterprises Incorporated Motions referred to Jeremiah C. Lynch. (Smith, Jeffrey)

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

IN THE TINITED STATES DISTRICT COURT
FOR TFIE DISTRICT OF MONTANA
MISSOULA DIVISION

MICHAEL E. SPREADBI'RY.

Cause No.

CV-l I-064-M-DWM

Plaintiff.
LEE ENTERPRISES'
RENEWED MOTION FOR
NEW SCHEDULING ORDER

V.

BITTERROOT PUBLIC LIBRARY.
CITY OF HAMILTON, LEE
ENTERPRISES, INC., and BOONE
KARLBERG P.C..
Defendants.

Co-Defendant, Lee Enterprises, Inc. ("Lee Enterprises"), through its counsel,

Garlington, Lohn & Robinson, PLLP, moves the Court for an Amended Scheduling
Order (Dkt. 182) with respect to Plaintiffls claims against Lee Enterprises.
On December I 3, 201 1, this action was stayed as against Lee Enterprises,
pursuant to U.S.C. $ 326(a)(l) (Dkt. 192). As a result of the stay, discovery was
suspended, and certain deadlines from the original Scheduling Order elapsed.
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On January 30, 2012, the confirmed Chapter I I bankruptcy plan became

effective, allowing the Automatic Stay to be lifted and pre-trial activity resumed.
On January 30, 2012, Lee moved for an Amended Scheduling Order, which was
denied on January 31,2012, with leave to renew, because the Motion did not

include a statement indicating whether the Plaintiff had been contacted and
whether he opposed it, as required by L.R. 7.1(c)(l).
Lee Enterprises now renews its Motion for a New Scheduling Order with
respect to Plaintiff s action against Lee Enterprises. Lee requests the deadlines in
the previous Scheduling Order be extended by 90 days to accommodate the

additional activities that were suspended during the stay.
Pursuant to L.R. 7.1(c)(l), counsel for Lee Enterprises contacted Plaintiff, pro
se, by email, asking

if he objected to the Motion. The Plaintiff

has not responded.

DATED this 8th dav of Februarv. 2012.

lsl

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

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CERTIFICATE OF SERVICE
I hereby certify that on February 8,2012, a copy of the foregoing document
was served on the following persons by the following means:

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CM/ECF
Hand Deliverv

Mail
Overnight Delivery Service
Fax

E-Mail

1.

Michael E. Spreadbury
P.O. Box 416
Hamilton, MT 59840
Pro Se Plaintiff

2.

William L. Crowley
Natasha Prinzing Jones
Thomas J. Leonard
bcrowl ey@boonekarlberg. com
npj ones @boonekarlberg. com
tl eonard@boonekarlberg. com
Attorneys for Defendants Bitterroot Public Library, City of Hamilton, and
Boone Karlbers P.C.

lsl

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

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