Spreadbury v. Bitterroot Public Library et al

Filing 285

Brief/Memorandum in Support re 284 MOTION to Strike 280 Notice (Other), 279 Affidavit/Declaration DEFENDANT LEE ENTERPRISES INC'S MOTION TO STRIKE DOCKET NOS 279 AND 280 DEFENDANT LEE ENTERPRISES INC'S BRIEF IN SUPPORT OF MOTION TO STRIKE DOCKET NOS 279 AND 280 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 (a06) 523-2500
Telefax [phone]
ahp o e @garl aington. com
j bsmith@garlington. com

Attorneys for Defendant, Lee Enterprises, Inc.

IN THE TINITED STATES DISTRICT COURT
FOR TFIE DISTRICT OF MONTANA
MISSOULA DIVISION
MICHAEL E. SPREADBURY

Cause No.

CV-l I-064-M-DWM

Plaintiff.
V.

BITTERROOT PUBLIC LIBRARY.
CITY OF FIAMILTON, LEE
ENTERPRISES, INC., and BOONE
KARLBERG P.C..

DEFENDANT LEE ENTERPRISES,
INC.'S BRIEF IN SUPPORT OF
MOTION TO STRIKE DOCKET Nos.
279 AND 280

Defendants.

Defendant, Lee Enterprises, Inc. ("Lee Enterprises" or "Lee"), through its
counsel, Garlington, Lohn

& Robinson,

PLLp, respectfully files this Brief in

Support of Motion to Strike Docket Nos. 279 and 280.

on April 4,2012, Lee filed a Motion for Summary Judgment, Brief in

I 193598

Support, and a Statement of Undisputed Facts. (Dkts. 259-261.) Spreadbury filed
responsive documents on

April 20,2012 (Dkts. 267-269.) After Lee filed its Reply

Brief in Support of Motion for Summary Judgment on May 4,2012 (Dkt. 279),
Spreadbury filed additional briefing in opposition to Lee's Motion for Summary

Judgment. These documents include an "Affidavit of Michael E. Spreadbury In
Re: Lee Enterprises Newsworthiness" (Dkt. 279) and "Notice of Lee

Newsworthyfi]ness; Discovered Professionalism" (Dkt. 280). Even though these
documents do not create an issue of fact and Lee is still entitled to summary

judgment as a matter of law, they should be stricken because the Court did not
grant Spreadbury leave to file additional briefing. See Local Rule 7.1(dxlXD)

("No further briefing is permitted without prior leave.").
Moreover, Spreadbury seeks to add allegations to the factual record which is
already complete.

Upon filing of the Statement of Undisputed Facts and Statement of
Genuine Issues, the factual record for the motion is deemed
complete. Parties may not file further factual materials except with
leave of the Court upon a showing that factual materials were
reasonably omitted from the Statement of Undisputed Facts or
Statement of Genuine Issues.

L.R. 56. l (d).
Because the Court has not granted Spreadbury leave to

file additional

information, Docket Nos. 279 and 280 should be stricken.

DATED this 1lth dav of Mav. 2012.

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

CERTIFICATE OF COMPLIANCE
Pursuant to L.R. 7. I (dX2XE), I certifu that this DEFENDANT LEE

ENTERPRISES, INC.'S BRIEF IN SUPPORT OF MOTION TO STRIKE

DOCKET Nos. 279 AND 280 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 264 words long, excluding Caption, Certificate

of Service and Certificate of Compliance.

/si Jeffrev B. Smith
Attorneys for Defendant, Lee Enterprises, Inc.

CERTIFICATE OF SERVICE
I hereby certiSr that on the 11th day of May, 2012, a copy of the foregoing
document was served on the following persons by the following means:

_2_
I

CTWECF

Hand Deliverv

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
tleonar d@bo onekarlberg. c om
Attorneys for Defendants Bitterroot Public Library, City of Hamilton, and
Boone Karlberg P.C.

lsl

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