Spreadbury v. Bitterroot Public Library et al

Filing 259

MOTION for Summary Judgment DEFENDANT LEE ENTERPRISES INC'S MOTION FOR SUMMARY JUDGMENT Jeffrey Brandon Smith appearing for Defendant Lee Enterprises Incorporated Motions referred to Jeremiah C. Lynch. (Smith, Jeffrey)

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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 (406) 523-2595 ahpoe@garlington.com j bsmith@garlington. com Attorneys for Defendant, Lee Enterprises, Inc. IN THE LTNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA MISSOULA DIVISION Cause No. MICHAEL E. SPREADBURY. CV-l I-064-M-DWM Plaintiff. DEFENDANT LEE ENTERPRISES. INC.'S MOTION FOR SUMMARY JUDGMENT V. BITTERROOT PUBLIC LIBRARY. CITY OF HAMILTON, LEE ENTERPRISES, INC., and BOONE KARLBERG P.C.. Defendants. Defendant, Lee Enterprises, Inc. ("Lee Enterprises" or "Lee"), moves this Court to enter summary judgment in favor of Lee Enterprises, pursuant to Federal Rule of Civil Procedure 56, for there are no genuine issues of material fact, and Lee is entitled to judgment as a matter of law. This motion is supported by Lee's Brief in Support of Motion for Summary I t49831 Judgment and Statement of Undisputed Facts in Support of Motion for Summary Judgment, fi led concurrentlY. In accordance with Local Rule 7.1(c)(1), Pro Se Plaintiff has been contacted and will oppose this motion. Counsel for the other Defendants named in Plaintiff Second Amended Complaint have been contacted and do not oppose this motion. DATED this 4th day of April, 2012. lsl Jeffrev B. Smith Attorneys for Defendant, Lee Enterprises, Inc. s CERTIFICATE OF SERVICE I hereby certiff that on the 4th day of April, 2012, a copy of the foregoing document was served on the following persons by the following means: 2 I CM/ECF Hand Delivery Mail Overnight Delivery Service Fax E-Mail l. 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 tleonard@boonekarlberg. com Attorneys for Defendants Bitterroot Public Library, City of Hamilton, and Boone Karlbere P.C. lsl Jeffrey B. Smith Attorneys for Defendant, Lee Enterprises, Inc. ll4983l

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