Spreadbury v. Bitterroot Public Library et al

Filing 57

RESPONSE to Motion re 51 MOTION for Partial Summary Judgment DEF LEE ENTERPRISES INC'S BRIEF IN OPPOSITION TO PL'S MOTION FOR PARTIAL SUMMARY JUDGMENT AGAINST LEE ENTERPRISES filed by Lee Enterprises Incorporated. (Attachments: # 1 Exhibit FOUNDATIONAL AFFIDAVIT OF JEFFREY B. SMITH, # 2 Exhibit A - Affidavit of Stacey Mueller, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L, # 14 Exhibit M, # 15 Exhibit N, # 16 Exhibit O) (Smith, Jeffrey)

Jeffrey B. Smith

GARLINGTON, LOHN & ROBINSON, PLLP
350 Ryman Street'P. O. Box 7909
Missoula, MT 59807-7909
Telephone [phone]
Telefax [phone]
j bsmith@garlington. com
Attomeys for Defendant, Lee Enterprises, Inc'

IN THE LTNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
MISSOULA DIVISION

MICHAEL E. SPREADBLIRY,

Cause No. CV-1 1-064-M-DWM

Plaintiff,

FOUNDATIONAL AFFIDAVIT
OF
JEFFREY B. SMITH

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

STATEOFMONTANA

)
:ss

County of

Missoula

)

I, Jeffrey B. Smith, being duly sworn and under oath, state as follows:

l.

I am an attomey with the firm of Garlington, Lohn & Robinson, PLLP.

This firm has been retained to represent Defendant, Lee Enterprises, Inc., in this

matter. I am one of the attorneys of record.

r0t2936

I provide this Affidavit as a foundation for certain documents provided

2.
in support

of:

(a) Defendant Lee Enterprises, Inc.'s, Statement of Genuine Issues

in Opposition to Plaintiff s Motion for Partial Summary Judgment

3.

Exhibit A is a true and accurate copy of the Affidavit of Stacey Mueller

dated June 20,2011.

4.
Rav al I i Rep

5.

Exhibit B are true and accurate copies of two September l0' 2009'
ubIi

c articles.

Exhibit C is a true and accurate copy of

a November 3 , 2009,

Ravalli

Republic article.

6.

Exhibit D are true and accurate copies of relevant orders in Ravalli

County Cause No. DV-10-93.

7.

Exhibit E is a true and accurate copy of

a

November 10,2009,

a

November 11,2009, Ravalli

Missoulian article.

8.

Exhibit F is a true and accurate copy of

Republic article.
9

.

Exhibit G is a true and accurate copy of

a December 3 , 2009,

Missoulian article.

10.

Exhibit H is a true and accurate copy of a December 4,2W9,, Ravalli

Republic article.
I

t

0l29l6

l.

Exhibit I is a true and accurate copy of a February 18, 2010, City

Court, City of Hamilton Verdict and a February I 8, 2010, Sentencing Order'

12.

Exhibit J is a true and accurate copy of a February 22,2010, Ravalli

Republic article.

13.

Exhibit K is atrue and accurate copy ofan August 18' 2010'

Missoulian article.

14.

Exhibit L is a true and accurate copy ofan August 19, 2010, Ravalli

Republic article.

15. Exhibit M is a true and accurate copy ofan October 15, 2010,
Missoulian article.

16. Exhibit N is a true and accurate copy of an October 16,2010, Ravalli
Republic article.

17. Exhibit O is a true and accurate copy ofan October 17,2010, Ravalli

il

1012936

Republic article.

DATEDthiS

?\

day ofJune,20l0.

Attorneys for Defendant, Lee Enterprises, Inc.:

GARLINGTON, LOHN & ROBINSON, PLLP
350 Ryman Street . P. O. Box 7909

Missoula,MT 59807-7909
Telephone [phone]
Telefax [phone]

STATEOFMONTANA
County of

Missoula

)
: ss.

)

Signed and swom to before me on the
B. Smith.

iIOTARY PUBLIC for the
State of Mmtans
Rr3ituE et Lolo, MT

iry Comrfltrion ExIiras

"/

Z /t

day of June, 201

(Type or print name)'
PUBLIC FOR
THE"STATE OF MONTANA
Residing at
My commission expires:

I

l,by

Jeffrey

Montana