Spreadbury v. Bitterroot Public Library et al

Filing 264

MOTION for Contempt by Plaintiff Michael E. Spreadbury. Motions referred to Jeremiah C. Lynch. (APP, )

Michael E. Spreadbury
700 S. 4th Street

FILED

Hamilton, MT 59840

APR 16 2f112

Telephone: [phone]

IlL ~ICK f. 0Il1'FY, CURl(

UiPUtYCiEil

[e-mail]

Pro Se Plaintiff
IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRlCT OF MONTANA

MISSOULA DIVISION

MICHAEL E. SPREADBURY

) Cause 9:11- cv-00064-JCL-DWM

Plaintiff

)

v.

) MOTION TO FIND

BITTERROOT PUBLIC LIBRARY,

) LEE ENTERPRISES INC.

CITY OF HAMILTON,

) IN CONTEMPT OF COURT

LEE ENTERPRISES, INC.,

)

BOONE KARLBERG, PC,

)

-------------------------)

Comes now Spreadbury moving court to find Defendant Lee Enterprises Inc.

(hereafter "Lee") in contempt of court in the aforementioned.

Motion:
Spreadbury respectfully moves Honorable Court to find Lee Enterprises in
contempt ofcourt due contempt for court authority, statutory provisions.
1

Plaintiff Motion for Rule 11 Sanctions

Cause 9:11-cv-00064-JCl-OWM

April 12, 2012

This motion is opposed by Defense counsel.
Brief in Support:
Lee has pled before this court on three occasions for summary judgment including
the most recent pending (Doc. #259). The Honorable Judge Donald W. Malloy has
made opinion (Doc. #249) that Spreadbury's status as a private citizen or public
figure needs to be briefed before this court or sent to the jury. Lee is in contempt
of this order 28 USC§1927; Montana Code Ann. MCA§ 45-7-309(c) as Lee filed
its third summary judgment before this court.
Multiple attempts at summary judgment are a harassment to this court, Spreadbury
does not have to establish bad faith for District Court to discipline Lee Zaldivar v.

City ofLos Angeles 780 F 2d 823 (<lh Cir, 1986). District Court has authority to
control rules, cases before it Chambers v. Nasco 501 US 32 (1991). Spreadbury
alleges Lee knew public figure standard does not apply to report on judicial
proceeding, publication of false conviction nullifies Lee argument for summary
judgment Time Inc. v. Firestone 424 US at 453-455(1976). The New York Times
standard applies to public officials, and reasonable grievances airing free speech;
Lee published false conviction, attempted to hide fact by false sworn statement
before this court (Doc. #124).

2

Plaintiff Motion for Rule 11 Sanctions

Cause 9:11-cv-00064-JCL-DWM

April 12, 2012

Lee purposely published a grossly inaccurate account ofan August 6, 2010 oral
argument in an August 10, 2010 article which is a misdemeanor crime for Criminal
Contempt MCA§45-7-309(e). Lee reported Angela Wetzsteon supervision
attributed to Spreadbury although no reference is made in official transcript (PLA
212-226). As Judicial sworn statement of August 17,2007 indicates Wetzsteon
was not supervised (PLA 254-257). As no supervision occurred, attributed to
Spreadbury Lee vindicates Wetzsteon's impostor status, a felony 18 USC§1001.
The monetary demand was published as $3.6 Million in Lee's August 9,2010
article although the actual demand was one-sixth (1/6) as much at $675,000 (PLA
243 -250). The court paperwork was available to the reporter via 21 5t District
Court clerk in the Ravalli County Courthouse, or a Lee article June 9 2010 (written
30 days earlier PLA 280-281) Athough the Lee reporter for the August 9,2010
article correctly reported a false statement by a Boone Karlberg PC claiming no
statute to restrict City Attorney Bell from a civil courtroom, the act was not
researched, fact checked, and is actually a crime of Official Misconduct MCA§45­
7-401 (PLA090). As Lee publishes in August 9,2010 article false light ofBell
"lost in space" as Spread bury emotional distress, Bell was actually lost as to his
duties as City Attorney; the false light and false attribution injures Spreadbury.
Lee is in contempt of court for failing to adhere to a lawful order of this court

(Doc. #249), harassment of court by filing frivolous pleadings, and for a grossly
3

Plaintiff Motion for Rule 11 Sanctions

cause 9:11-cv-00064-JCL-OWM

April 12, 2012

inaccurate report of a judicial hearing August 6, 20 IO. As Lee publishes
Spreadbury false conviction, it is libel per se as public figure status does not attach
to reports ofjudicial hearing Time Inc. v. Firestone 424 US at 453 (1976).
Court is given notice of concurrent motion for Rule II sanctions, brief in support
sent to Lee in "safe harbor" for 21 days. Court is further noticed Spreadbury to
file opposition to third (3'd) Summary Judgment prior to 21 days allowed under
Fed. R. Civ. P 56.
Certificate of Compliance
From LR 7(d)(2)(E) US District Court Rules Montana, I certify that this brief
confonns with 14 point font, New Times Roman typeface, is double spaced,
contains 579 words excluding title page, this compliance.

:4fl

Respectfully submitted this

1'2

day of A

BY:__~~__+-__~______¥-___________

Micha~. Spreadbury, Self Represented Plaintiff

4

Certificate of Service
Cause No.9: II-cv-0064-JCL-DWM
I certifY as Plaintiff in this action, a copy ofthe below named pleading was served
upon the US District Court Missoula Division and all opposing counsel for parties
in this above named cause of action by first class mail. The following addresses
were used for service:
Motion for Rule J J Sanctions against Lee Enterprises Inc.
Motion to find Lee Enterprises Inc. in contempt ofcourt.

Russell Smith Federal Courthouse
Clerk of Court
201 E. Broadway
Missoula, MT 59803

Defendant Counsel:

Plaintiff Counsel:

William L. Crowley

Michael E. Spreadbury

Boone Karlberg PC

PO Box 416

PO Box 9199

Hamilton, MT 59840

Missoula MT 59807

(self-represented)

Anita Harper PoelJeffrey B Smith
Garlington, Lohn, & Robbinson PLLP
POBox 7909
Missoula MT 59807

Dated _ _ _4112/12_ _ __

Michael . preadbury, Pro Se Plaintiff