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)

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Jeffrey B. Smith GARLINGTON, LOHN & ROBINSON, PLLP 350 Ryman Street . P. O. Box 7909 Missoula, MT 59807-7909 Telephone (406) 523-2500 Telefax (406) 523-2595 j bsmith@garlington.com 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 1012887 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 10t2887 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, 1012887 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. t0t2887 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 1012887 - - - 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. 10r2887 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 bcrowley@boonekarlberg.com 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. 1012887

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