Spreadbury v. Bitterroot Public Library et al

Filing 261

Statement of Undisputed Fact re: 259 MOTION for Summary Judgment DEFENDANT LEE ENTERPRISES INC'S MOTION FOR SUMMARY JUDGMENT. (Attachments: # 1 Exhibit A - Aff of Backus - Newsworthy, # 2 Exhibit B - Petition to Ravalli County, # 3 Exhibit C - Pl to Messina (10-19/2007), # 4 Exhibit D - Pet Recall Sheriff Hoffman, # 5 Exhibit Pet Recall Ravalli Co Attorney Corn, # 6 Exhibit F - Ltr Pl to McCulloch (2/10/2009), # 7 Exhibit G - Ltr Commrs to Pl (2/17/2009), # 8 Exhibit H - Ltr PL to McCulloch w Recall Pet, # 9 Exhibit I - Ltr Kimmet to PL (3/13/2009), # 10 Exhibit J - Ltr Quintana to PL (3/23/2009), # 11 Exhibit K - Ravalli Republic Article (2/19/2009), # 12 Exhibit L - Blog Bitterroot Rising (2010), # 13 Exhibit M - Blogger User Profile, # 14 Exhibit N - Crystal Cox Blog (2011), # 15 Exhibit O - Blog - Ravalli Co Sheriff Dept (8/8/2009), # 16 Exhibit P - Crystal Cox Blog (2012), # 17 Exhibit Q - Library Thing, # 18 Exhibit R - Spreadbury Youtube MT, # 19 Exhibit S - Ravalli Republic Article (11/3/2009), # 20 Exhibit T - Find My Threat Story (11/17/2011), # 21 Exhibit U - Ravalli Republic Article (6/9/2010), # 22 Exhibit V - USDC Complaint (7/30/20100, # 23 Exhibit W - Aff Backus (Standard of Care), # 24 Exhibit X - Aff Devlin (4/2/2012), # 25 Exhibit Y - Bitterroot Rising Archives (2010)) (Smith, Jeffrey)

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EXHIBIT A 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 TFIE LINITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA MISSOULA DIVISION MICHAEL E. SPREADBURY, Cause No. CV-l I-064-M-DWM Plaintiff. AFFIDAVIT OF PERRY BACKUS (Newsworthy) V. BITTERROOT PUBLIC LIBRARY, CITY OF HAMILTON, LEE ENTERPRISES, INC., and BOONE KARLBERG P.C., Defendants. STATE, OF County of MONTANA Missoula ) :SS ) I, Perry Backus, being duly swom and under oath, state as follows: 1. I was editor of the Ravalli Republic on August9,2010, and a reporter for a number of years. l l48l3l 2. The August 9, 2010, article about Mr. Spreadbury reported facts from separate hearings in two different courts held on August 6,2010, in causes of action brought by Michael Spreadbury. 3. The two hearings were covered by the newspaper because Michael Spreadbury had become newsworthy through his numerous attention-getting activities, public protests, and confrontations. Mr. Spreadbury had both created and involved himself in many public controversies at this time, and a number articles had been written about his activities. 4. These controversies began before the August 6,2010, hearings. 5. These controversies included, but were not limited to: a. A 2006 dispute with a neighbor in which Mr. Spreadbury alleged the neighbor was a public nuisance; b. Attempt to recall Ravalli County Attomey, George Corn; c. Attempt to recall Ravalli County Sheriff, Chris Hoffman; d. Complaints against the Hamilton Police Department; e. Complaints against the local government; f. Complaints about the Rocky Mountain Labs; g. Dispute with the Bitterroot Library; h. Dispute with the City of Hamilton; of i. j. 6. Various lawsuits filed against public seruants involving putrlic matters; and Various incidents of public protest or confrontations in puhlic locations. With these events, Mr. Spreadbury continually kept himself in the forefront of local news, both befole and after the August 9,2010 article. 7. The August 9, 2010, article and subsequent articles were written to report on issues of public interest ttrat Mr, Spreadbury had deliberately created or interjected himself into. Further Affiant sayeth not. I declare under penalty of perjury that the foregoing is true and correct, DATED this J- day of NQ "- \ ,20t2, I Pg Signed and swo:n to before me on Perr)'Backus. r t- , zot2, by (Type or print name) NOTARY PUBLIC EOR THE ST ATE OF rvr€$ITAF[L c e LrFoe,dU Residing at , Mens*ra C + Utf orcr-\r My commission expires: $ ts 86 iS cEctLlA / cHAN i Lgzzzle ptJEUc i zs, aotz i coMM, # . clLrronn|A !J r{oTtRy SAI't FRAt'tctsco couilTy () sAn FRAt{ctsco couirrv [) r0MM. EXPtnES H0V,

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