Spreadbury v. Bitterroot Public Library et al

Filing 36

MOTION to Appoint Lead Counsel by Plaintiff Michael E. Spreadbury. Motions referred to Jeremiah C. Lynch. (APP, )

Michael E. Spreadbury

FILED

P.O. Box 416

MAY f 720n

Hamilton, MT 59840
Telephone: [phone]
mspread(ii)hotmail.col11
Pro Se Plaintiff

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MONT ANA

MISSOULA DIVISION

t1

)

MICHAEL SPREADBURY
Plaintiff

Cause No: CV-ll~M-DWM

)

v.

) MOTION TO APPOINT LEAD

BITTERROOT PUBLIC LIBRARY,

)

DEFENSE COUNSEL; BRIEF

CITY OF HAMILTON,

)

IN SUPPPORT

LEE ENTERPRISES, INC.,

)

BOONE KARLBERG, PC,

)

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

Comes now Spreadbury with motion to appoint lead Defense counsel.

Motion:
Spreadbury moves that this Honorable Court orders Defense to consolidate,
approve Jeffrey B. Smith of Garlington, Lohn & Robinson as lead counsel for
Defense so Spreadbury's vested liberty, property interest upheld before court.

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Motion to Appoint Lead Counsel

Cause 9:2011-CV-1l-61-M-DWM

May 11, 2011

Defense Counsel oppose this motion.
Brief in Support
Spreadbury, in proper pleadings before this court has cited court authorities
establishing a cause of action as a property interest protected by Amendment 14,

US Constitution:
A cause of action is a species of property protected by the 14th Amendment US
Constitution Logan v. Zimmerman Brush Co. 455 US 422 (1982). The use of a
library is a liberty interest, paid by taxpayers; a cause of action is a property
interest Logan.
Spreadbury requests ofthis court, to uphold protected liberty, property interest
precluded from deprivation without due process of law, asks court for equitable
process due Cleveland Bd. OfEducation v. Loudermi1l470 US 532 (1985).
Spreadbury avers two separate Defendant counsel, Boone Karlberg PC,
Garlington, Lohn, Robinson as party opposing a pro se IFP is not equal protection
under the law, respectfully requests appointment of lead counsel Jeffrey B. Smith,
Garland, Lohn, & Robinson (hereafter "GLR") Missoula, Montana.

In class action cases, the quality of pleading, relative economic stakes, the ability
to vigorously litigate, competence of counsel, and access to resources are factors to

- 2.­

Motion to Appoint Lead Counsel

Cause 9:2011-CV-U-61-M-OWM

May 11, 2011

choose a lead counsel Phillips Petroleum Co. v. Shutts, 472 US 797 (1985).
Defendant Lee Enterprises faces more liability than any other Defendant for
defamation, defamation per se; therefore GLR logical choice for lead counsel.

A pro se litigant who pleads deprivation of constitutional rights under 42 USC§
1983 who faces two or, three law firms, with multiple staff is comparable to the
"Chinese wall" oflawyers as pled in Westinghouse Elee. Corp. v. Kerr-McGee

Corp., 580 F. 2d 1311 - Court ofAppeals, (lk Cir., 1978). Spread bury, with
liberty, property interest before this court should not face such inequitable
opposition, when Defendant Boone Karlberg PC, counsel ofrecord acted in color
oflaw with other Defendants to knowingly deprive Spreadbury established
constitutional right under 42 USC§ 1983 without a good faith immunity Harlow v.

Fitzgerald 457 US 800 (1982), Saucier v. Katz 121 S. Ct. 2151 (US Supra, 2001).
Defendant Boone Karlberg PC prejudices Spreadbury in presentation of case
before this court for property, liberty interest Amendment 14, US Constitution.

Spreadbury respectfully requests court to order consolidation of Defense counsel,
appoint Jeffrey B. Smith, not in color oflaw, most qualified Defense Litigant to
serve as lead counsel in this case to protect equity, due process, librerty, property
interests herein. Spreadbury yields to the Honorable Court for any additional relief
court may wish to offer.

Motion to Appoint lead Counsel

Cause 9:20n-c\l-U-61-M-DWM

May n. 2011

Certificate ofCompliance
From LR 7(d)(2)(E) US District Court Rules Montana, I certify that this brief
conforms with 14 point font, New Times Roman typeface, is double spaced,
contains 446 words excluding title page, this compliance.

Respectfully submitted this

I~ay of May, 2011

BY;______~~+_~~--~~--------Michael E. Spreadbury, Pro Se Plaintiff

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Certificate of Service
Cause No. CV-II-0064-DWM
I certify as Plaintiff in this action, a copy of the below named motion 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:
Response to Boone Karlberg PC Motion, Briefin Support to Dismiss Rule 12(b)(6)
Motion to Appoint lead Defense Counsel; Briefin Support
Russell Smith Federal Courthouse
Clerk of Court
200

Broadway

Missoula, MT 59803

Defendant Counsel:

Plaintiff Counsel:

William L. Crowley

Michael E. Spreadbury

Boone Karlberg PC

POBox416

POBox 9199

Hamilton, MT 59840

Missoula MT 59807

(self-represented)

Jeffrey B Smith
Garlington, Lohn, & Robbinson PLLP
/

POBox 7909
Missoula MT 59807

Dated - - - -

1111_ __

Michael . Spreadbury, Pr