Spreadbury v. Bitterroot Public Library et al

Filing 271

Brief/Memorandum in Support re 270 MOTION to Amend/Correct 261 Statement of Undisputed Fact,,,,, filed by Lee Enterprises Incorporated. (Smith, Jeffrey)

Anita Harper Poe
Jeffrey B. Smith
GARLINGTON, LOHN
& ROBINSON, PLLP
350 Ryman Street • P. O. Box 7909
Missoula, MT 59807-7909
Telephone [phone]
Telefax [phone]
[e-mail]
[e-mail]
Attorneys for Defendant, Lee Enterprises, Inc.

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

Cause No. CV-11-064-M-DWM

Plaintiff,
v.
BITTERROOT PUBLIC LIBRARY,
CITY OF HAMILTON, LEE
ENTERPRISES, INC., and BOONE
KARLBERG P.C.,

DEFENDANT LEE ENTERPRISES,
INC.’S BRIEF IN SUPPORT OF
MOTION TO SUBSTITUE
AMENDED EXHIBIT “A” TO
STATEMENT OF UNDISPUTED
FACTS (DKT 261-1)

Defendants.
Defendant, Lee Enterprises, Inc. (“Lee Enterprises” or “Lee”), through its
counsel, Garlington, Lohn & Robinson, PLLP, respectfully submits this Brief in
Support of its Motion to Substitute Amended Exhibit “A” to Statement of
Undisputed Facts (Dkt. 261-1).

Exhibit “A” is an Affidavit signed by Perry Backus (Dkt. 261-1). Paragraph
2 of the Affidavit states: “[t]he August 9, 2010 [Ravalli Republic], 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.” (Dkt.
261-1, emphasis added.) The Amended Affidavit states the article reported facts
from separate hearings in two different matters held on that date. The change does
not reflect a material issue and has no impact on Lee’s Motion for Summary
Judgment or brief in support.
For the foregoing reasons, Lee respectfully requests the Court grant Lee
Enterprises’ Motion to Substitute Amended Exhibit “A” to its Statement of
Undisputed Facts (Dkt. 261-1).
DATED this 20th day of April, 2012.

/s/ Jeffrey B. Smith
Attorneys for Defendant, Lee Enterprises, Inc.

CERTIFICATE OF COMPLIANCE
Pursuant to L.R. 7.1(d)(2)(E), I certify that this DEFENDANT LEE
ENTERPRISES, INC.’S BRIEF IN SUPPORT OF MOTION TO SUBSTITUE
AMENDED EXHIBIT ‘A’ TO STATEMENT OF UNDISPUTED FACTS (DKT
261-1) is printed with proportionately spaced Times New Roman text typeface of
14 points; is double-spaced; and the word count, calculated by Microsoft Office
Word 2007, is 157 words long, excluding Caption, Certificate of Service and
Certificate of Compliance.
/s/ Jeffrey B. Smith
Attorneys for Defendant, Lee Enterprises, Inc.

CERTIFICATE OF SERVICE
I hereby certify that on the 20th day of April, 2012, a copy of the foregoing
document was served on the following persons by the following means:
___2___
_______
___1___
_______
_______
_______

CM/ECF
Hand Delivery
Mail
Overnight Delivery Service
Fax
E-Mail

1.

Michael E. Spreadbury
P.O. Box 416
Hamilton, MT 59840
Pro Se Plaintiff

2.

William L. Crowley
Natasha Prinzing Jones
Thomas J. Leonard
[e-mail]
[e-mail]
[e-mail]
Attorneys for Defendants Bitterroot Public Library, City of Hamilton, and
Boone Karlberg P.C.

/s/ Jeffrey B. Smith
Attorneys for Defendant, Lee Enterprises, Inc.