Spreadbury v. Bitterroot Public Library et al

Filing 294

Brief/Memorandum in Support re 293 MOTION to Dismiss Plaintiff's Claims for Failure to Comply With Court Order filed by Kenneth S. Bell, Bitterroot Public Library, Robert Brophy, Steven Bruner-Murphy, City of Hamilton, Jennifer B. Lint, Ryan Oster, Nansu Roddy, Trista Smith, Steve Snavely, Jerry Steele. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C) (Crowley, William)

Shannon Holdsambeck
From:

Thomas Leonard

Sent:

Tuesday, May 22, 2012 3:09 PM

To:

Michael Spreadbury; Bill Crowley; Tasha Jones; [e-mail];
[e-mail]

Cc:

Shannon Holdsambeck

Subject:

RE: Voluntary Dismissal BPLcase

Importance:

High

Mr. Spreadbury,

I strongly urge you not to file the documents you forwarded as currently written. Stating that your
motion for "voluntary dismissal" is unopposed would be a misrepresentation to the Court on your
part. The fact is, your motion is not a motion for "voluntarydismissal." Instead, it appears you are
making a settlement offer, and dismissal is contingent upon my clients' agreement to certain terms.
Of course, I will forward your offer to my clients for review and consideration, but it would be false to
represent or imply to the Court that an agreement has been reached.
You know full well that we have bent over backwards trying to orchestrate a pretrial conference with

you. Moreover, you may very well prefer to work with different attorneys in our firm, but alas, that is
not your choice.

Iwill let you know when we have had a chance to confer with our clients regarding your offer. Before
that time, please refrain from filing anything with the Court, or at least modify the documents you
intend to file so that they accurately reflect the facts (i.e., the City Defendants have thus far not
agreed to any of your terms). Thank you.
Thomas J. Leonard

BOONEPKARLBERG,,
201 West Main St., PO Box 9199
Missoula, MT 59807
406.543.6646
www.boonekarlberg.com

NOTICE: This communication may contain privileged or other confidential information. Ifyou have received it in error, please advise
the sender by replyemail and immediately delete the message and any attachments without copying or disclosing the contents. Thank
you.

__

__._

._.

_

„.

From: Michael Spreadbury [mailto:[e-mail]1
Sent: Tuesday, May 22, 2012 2:49 PM
To: Bill Crowley; Tasha Jones; Thomas Leonard; [e-mail]; [e-mail]
Cc: Shannon Holdsambeck

Subject: Voluntary Dismissal BPL case
Dear Attorneys of Record
Spreadbury v. Bitterroot Public Library et. al.

As the Plaintiff in this matter, I have chosen a route for dismissal of this case. I am assuming that a non-monetary
settlement prior to preparation for trial will be accepted by your clients. My requests are few, and are contained in the
settlement agreement attached. Signatures for agreement are contained in the attached motion for voluntary dismissal
which complies with Rule 41 and its associated parameters.

EXHIBIT B

EXHIBIT B