Spreadbury v. Bitterroot Public Library et al

Filing 58

Statement of Genuine Issues re: 51 MOTION for Partial Summary Judgment filed by Lee Enterprises Incorporated. (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 [e-mail]
Attorneys for Defendant, Lee Enterprises, Inc.

IN TIIE TINITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
MISSOULA DIVISION

MICI{AEL E. SPREADBI.]RY,

Plaintifl

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

Cause No.

CV-l 1 -064-M-DWM

DEFENDANT LEE ENTERPRISES,
INC.'S STATEMENT OF GENUINE
ISSTIES IN OPPOSITION TO
PLAINTIFF'S MOTION FOR PARTIAL
SUMMARYJUDGMENT

Defendants.
Pursuant to Local Rule 56.1(b) of the Rules of Civil Procedure in the United
States District Court, District of Montana, Defendant, Lee Enterprises, Inc. ("Lee

Enterprises"), submits the following Statement of Genuine Issues in opposition to

Plaintiff, Michael E. Spreadbury's ("Spreadbury"), Motion for Partial Summary
Judgment against Lee Enterprises, Inc. (Dkt. 51).

l
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In May or June of 2009, Spreadbury met with Ms. Nansu Roddy at the

Bitterroot Public Library ("Library"). (Amend. Compl. g 3l (Apr. 19,2Ql1) (Dk.

l-l).)

2.

The purpose of the meeting was to admit a letter written by another

person on the reserve shelf of the library. @kt. 1-1 at tl 31.)

3.
1-1

Ms. Roddy, on behalf of the Library, refused to admit the letter. (Dkt.

atfl32.)

4.

After numerous interactions with Library staff, Spreadbury was banned

from the Library. (Dkt. 1-1 at fllf 33-35.)

5.

After being banned from the Library, witnesses reported to local law

enforcement that Spreadbury returned to the Library property. (Dkt. l-1 at

lTlT

43-

46.)

6.
I

Spreadbury was subsequently charged with criminal trespass. (Dkt.

l-

at fl 46.)

7.

The Ravalli Republic, a newspaper owned by Lee Enterprises,

published articles stemming from the criminal trespass charges. (Dkt.

I-

I

at fl'l] 17,

49,52)

8.

The articles were republished by the Missoulian, a paper owned by Lee

Enterprises. (Dkt. 1-1 at lJli 16, 52.)

9.

However, none of the articles contained personal opinions from the

reporters, but, instead, were based purely on official Ravalli County Court

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documents. (Foundational Aff. Jeffrey B. Smith ("Aff. Smith"), Aff. Stacey
Mueller ("Aff. Mueller")'ti 3 (June 20,2011).

10. Around this same time period, Spreadbury was verbally abusive to
Ravalli Republic staff atthe Ravalli Republic offrces located at 232 Main Street,
Hamilton, Montana. As a consequence, Spreadbury is not allowed in the Ravalli
Republie offices. Spreadbury has been personally notified, along with the

Sherriff s Department, that he is not allowed inthe Ravalli Republic offices
because of his past abusive behavior.

I

l.

(Aff, Mueller ffl a-6; Dkt. 1-l

at flu 38-39.)

On September 9,2009, Spreadbury was summoned to a procedural

hearing for the criminal trespass charges. (Dkt. l-1 at fl 48.)

12. On September 10,2009,the Ravalli Republic published an article
detailing the trespass charges brought against Spreadbury. @kt. 1-1 at fl 49; Aff.
Smith, Ex. B: Sept. 10,2009, Ravalli Republic article.)

13. The article was entitled, "Mayoral candidate charged with trespass,"
and included a picture of Spreadbury. (Dkt.

14.

l-l

atl49; Aff. Smith, Ex. B.)

On November 3,2009,the Ravalli Republic published an article

entitled "Candidate attends procedural hearing," detailing a procedural hearing for
Spreadbury's charges of criminal trespass. Aff. Smith, Ex. C: Nov.3,2009,
Rav a I I i Repu

b Ii

c article.)

15. While Spreadbury's criminal tespass charges were pending,

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Spreadbury approached Ms, Roddy outside the Library and, as a result of the
encounter, Ms. Roddy sought and obtained an Order of Protection against

Spreadbury. (Aff. Smith, Ex. D: relevant orders in Cause No. DV-10-93.)

16.

Based upon Spreadbury's encounter with Ms. Roddy, felony

intimidation charges were brought against Spreadbury. Both the Missoulian
newspaper and the Ravalli Republic published articles regarding the intimidation
charges brought against Spreadbury.

Aff. Smith, Ex. E: Nov.

10, 2009, Missoulian

article; Aff. Smith, Ex. F: Nov. 11,2009, Ravalli Republic article.)
17

.

Subsequently, the Missoulian and the Ravalli Republic published

articles regarding Spreadbury's initial appearance for the intimidation charges.

Aff. Smith, Ex. G: Dec. 3,2009, Missoulian article; Aff, Smith Ex. H: Dec. 4,
2009, Ravalli Republic article.)

18. OnFebruary 18, 2010, based onproofbeyond areasonable doubt, a
jury in the City Court for the City of Hamilton found Spreadbury guilty of criminal
trespass. Aff. Smith, Ex. I: Feb. 18, 2010, City Court, City of Hamilton Verdict;
Feb. 18, 2010, Sentencing Or.).

19. On February 22,2010,the Ravalli Republic published an article
regarding Spreadbury being found guilty of the criminal trespass charges. Aff.
Smith, Ex.

20.

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I:

Feb. 22,2010, Ravalli Republic article.)

Later, after the Montana Supreme Court upheld Ms. Roddy's Order

of

Protection that restrained Spreadbury from entering into the Library for five years,
the City of Hamilton voluntarily dropped the criminal trespass charges against

Spreadbury. Subsequently, both the Missoulian and the Ravalli Republic
published articles regarding the City dropping the charges.

Aff. Smith, Ex. K:

Aug. 18, 2010, Missoulian article; Aff. Smith, Ex. L: Aug. 19,2010, Ravalli
Republic article.)

21.

Finally, Spreadbury pled guilty to the felony intimidation charges.

Subsequently, both the Missoulian and the Ravalli Republic published articles

regarding Spreadbury pleading guilty to the felony intimidation charges. Aff.
Smith, Ex. M: Oct. 15,2010, Missoulian article; Aff. Smith, Ex. N: Oct. 16,2010,

Ravalli Republic article; Aff. Smith, Ex. O: Oct. 17,2010, Ravalli Republic
article.)

22.

The current matter is brought against the Library, City of Hamilton,

Lee Enterprises, and the law firm of Boone Karlberg, P.C. Regarding Lee

Enterprises, Spreadbury alleges: Count 8 - Tortious Interference With a
Prospective Economic Advantage; Count l8

Count l9

-

NegligenceAJegligence Per Se;

Defamation, Defamation Per Se; Count 20

Emotional Distress; Count 21

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-

-

-

Intentional Infliction of

Negligent Infliction of Emotional Distress; Count

23

-

Injunctive Relief; and Count 26

-

Punitive Damages, (Dkt' 1-l ')

DATED this 2lst day of June, 201 l.

lsl

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

CERTIFICATE OF COMPLIANCE
Pursuant to L.R. 7.1(d)(2XE), I certify that this Defendant Lee Enterprises,

Inc.'s Statement of Genuine Issues In Opposition to Plaintiff s Motion For Partial
Summary Judgment is printed with proportionately spaced Times New Roman text
typeface of

l4 points;

is double-spaced; and the word count, calculated by

Microsoft Office Word 2007,is 884 words long, excluding Caption, Certificate of
Service and Certificate of Compliance.

lsl

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

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CERTIFICATE OF SERVICE
I hereby certif that on the 2lst day ofJune, 2011,

a copy

ofthe foregoing

document was served on the following persons by the following means:

]J
2

CM/ECF
Hand Delivery

Mail
Ovemight Delivery Service
Fax
E-Mail

1.

Clerk, U.S. District Court

2

Michael E. Spreadbury
P.O. Box 416
Hamilton, MT 59840
Pro Se Plaintiff

3.

William L. Crowley
Natasha Prinzing Jones
Thomas J. Leonard
[e-mail]
npj ones@boonekarlberg. com
tleonard@boonekarlberg. com
Attorneys for Defendants Bitterroot Public Library, City of Hamilton, and
Boone Karlberp. P.C.

lsl

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

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