Spreadbury v. Bitterroot Public Library et al

Filing 227

Amended Scheduling Order as to LEE ENTERPRISES only. Signed by Jeremiah C. Lynch on 2/15/2012. (Copy mailed to Plaintiff this date) (APP, ) Modified on 2/15/2012 to reflect editing ddls as to 182 in order to keep the "other defs" pending ddls and incorporating "Lee Ent" ddls. The "Cross Motion" ddl = Motion ddl and "Pretrial Order" ddl = Proposed Pretrial Order ddl (APP, ).

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
MISSOULA DIVISION
_____________________________________________
MICHAEL E. SPREADBURY,

CV 11-64-M-DWM-JCL

Plaintiff,
vs.
ORDER
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 BRUNER-MURPHY,
RYAN OSTER, KENNETH S. BELL,
and JENNIFER LINT,
Defendants.
_____________________________________________
On November 30, 2011, the Court entered a scheduling order establishing
timetables for the accomplishment of pretrial matters and setting a trial date on
June 18, 2012. Having subsequently been advised that a bankruptcy case
concerning Lee Enterprises, Inc. had been filed under Chapter 11 of the United
States Bankruptcy Code, the Court stayed this action as against Lee Enterprises,
Inc. pursuant to the mandate of 11 U.S.C. § 362(a). On January 30, 2012, the
automatic stay against Lee Enterprises, Inc. was lifted. Contemporaneously, Lee
Enterprises, Inc. moved the Court to amend the scheduling order by extending all
-1-

deadlines by 90 days. Plaintiff Michael Spreadbury opposes any amendment to
the scheduling order.
Having considered the merits of the parties’ respective arguments, the Court
deems it appropriate to grant Lee Enterprises, Inc.’s motion to amend the
scheduling order as it relates to the dispute between Mr. Spreadbury and Lee
Enterprises, Inc. Cognizant of the limited nature of the dispute which remains
between Mr. Spreadbury and Lee Enterprises, Inc., however, the Court finds that a
60 day extension of all deadlines will be more than adequate to allow Lee
Enterprises, Inc. to prepare its defense for trial. The trial date will be extended by
90 days due to the schedule of the presiding judge, District Judge Donald W.
Molloy. Therefore, IT IS HEREBY ORDERED that the deadlines established in
the scheduling order entered on November 30, 2011, as it pertains to Plaintiff
Spreadbury and Defendant Lee Enterprises, Inc. is amended as follows:
Deadline for Amending Pleadings:

February 29, 2012

Disclosure of Plaintiff’s
Damages Experts and Simultaneous
Disclosure of Liability Experts:

March 13, 2012

Disclosure of Defendant’s
Damages Experts:

March 27, 2012

Discovery Deadline:

April 10, 2012

Motions Deadline (fully briefed):

May 9, 2012

-2-

Attorney Conference to Prepare
Final Pretrial Order:

week of August 13, 2012

Submit Final Pretrial Order &
Proposed Jury Instructions
and Trial Briefs electronically
to [e-mail]
(Trial Briefs are optional):

August 30, 2012

Notice to Court Reporter of
Intent to Use Real-Time:

August 30, 2012

Notice to I.T. Supervisor of
Intent to Use CD-ROM or
Videoconferencing:

August 30, 2012

Final Pretrial Conference:

September 6, 2012, at 1:30 p.m.
Missoula, Montana

Jury Trial (7-member jury):

September 17, 2012, at 8:30 a.m.1
Russell Smith Courthouse
Missoula, Montana

All other provisions of the Court’s November 30, 2011 Order shall remain
in effect.
DATED this 15th of February, 2012.

/s/ Jeremiah C. Lynch
Jeremiah C. Lynch
United States Magistrate Judge

1

Pursuant to 18 U.S.C. § 3161(h) and Fed. R. Crim. P. 50, criminal matters
take priority over civil matters in the event of a conflict. Accordingly, all civil
trial settings are subject to the Court’s criminal calendar.
-3-