Spreadbury v. Bitterroot Public Library et al

Filing 231

RESPONSE to Motion re 229 MOTION to Reconsider Claims filed by Boone Karlberg P.C.. (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Crowley, William)

FILED

HON. JAMES A.HAYNES
District Judge - Dept. 2

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Twenty-First Judicial District
Ravalli County Courthouse

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205 Bedford- Suite B

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Hamilton, Montana 59840
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MONTANA TWENTY-FIRST JUDICIALDISTRICTCOURT, RAVALLI COUNTY
MICHAEL E. SPREADBURY,

Cause No. DV 2010-639A/P
DepartmentNo. 2

Plaintiff",
vs.

KENNETH S. BELL and CITY OF

OPINION AND ORDER

HAMILTON,
Defendants.

Beforethe Court is Plaintiff's leave [to] FileInformation (Doc. # 44) filed May 9,2011.

PlaintiffMichael E. Spreadbury ("Spreadbury") is representing himself. DefendantsKenneth S. Bell
("Bell") and City of Hamilton(the "City") (collectively, "Defendants") are represented by William L.

Crowley ("Attorney Crowley**) and NatashaPrinzing Jones ("Attorney Jones*1) of BooneKarlberg P.C.

Defendants filed a response briefto Plaintiffs motion onMay 16,2011. The time for filing a reply
briefunder Montana Uniform DistrictCourt Rule 2 hasnow passed. Accordingly, this motion is now
ripe for decision.

Plaintiffhas moved for leave to file a criminal information for Criminal Contempt under § 45-

7-309(l)(a) against Attorney Crowley and Attorney Jones. The motion was not supported by an
affidavit, case law, or any Montana statute.

At one time inMontana, district courts were empowered to orderthe county attorney tofile a

criminal information "upon affidavits filed by any person.'* Sec. 1384, Pen. C. 1895, re-en, Sec. 8929,

EXHIBIT B