Spreadbury v. Bitterroot Public Library et al

Filing 309

FINDINGS AND RECOMMENDATIONS re 90 Amended Complaint filed by Michael E. Spreadbury. Objections to F&R due by 6/25/2012 Signed by Jeremiah C. Lynch on 6/8/2012. (TXB, ) Modified on 6/12/2012 to reflect copy to Spreadbury this date (APP, ).

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

CV 11-64-M-DWM-JCL

Plaintiff,
vs.
Federal Rule of Civil Procedure
72(b)(1) Recommendation

BITTERROOT PUBLIC LIBRARY,
CITY OF HAMILTON,
LEE ENTERPRISES, INC., and
BOONE KARLBERG, P.C.,
DR. ROBERT BROPHY, TRISTA
SMITH, NANSU RODDY,
JERRY STEELE, STEVE SNAVELY,
STEVEN BRUNER-MURPHY,
RYAN OSTER, KENNETH S. BELL,
and JENNIFER LINT
Defendants.
_____________________________________________

On May 31, 2012, Plaintiff Michael Spreadbury filed a motion requesting
that he be allowed to voluntarily dismiss this action in its entirety. Although Mr.
Spreadbury characterized the motion as one brought under Fed. R. Civ. P.
41(a)(1)(A)(i), the Court properly construed the motion as one brought under Fed.
R. Civ. P. 41(a)(2). Mr. Spreadbury’s motion did not indicate whether he was
requesting dismissal with or without prejudice. But in response to the motion, the
sole remaining Defendant Lee Enterprises, Inc. advised the Court that it opposed
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the motion for voluntary dismissal unless the dismissal was with prejudice.
On May 31, 2012, the Court entered an order granting Spreadbury’s motion
for voluntary dismissal – dismissing all claims with prejudice. The referenced
order also expressly advised Mr. Spreadbury that the Court would reconsider the
order of dismissal if, on or before June 7, 2012, Spreadbury either (1) filed a
notice advising the Court that he was requesting an opportunity to be heard as to
why the dismissal should not be with prejudice, or (2) withdrew his motion to
dismiss. Review of the record reflects that Mr. Spreadbury has done neither.
Therefore,
IT IS RECOMMENDED that the undersigned’s Order of May 31, 2012, be
affirmed and judgment entered accordingly.
DATED this 8th day of June, 2012
/s/ Jeremiah C. Lynch
Jeremiah C. Lynch
United States Magistrate Judge

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