Spreadbury v. Bitterroot Public Library et al

Filing 9

NOTICE of Receipt of State Court File. (Attachments: # 1 1_Notice of Recusal and Invitation to Assume Jurisdiction, # 2 2_Affidavit of Indigence and Order, # 3 3_Complaint, # 4 4_Motion for Substitution of District Judge, # 5 5_Order of Recusal, # 6 6_Letter with Copy of Invitation to Assume Jurisdiction, # 7 7_Invitation to Assume Jurisdiction re Judge Townsend, # 8 10_Affidavit for Non Corporate Status; Judicial Not Administrative Proceeding, # 9 11_Summons Returned Executed - Lee Enterprises, # 10 12_Summons Returned Executed - Bitterroot Public Library, # 11 13_Summons Returned Executed - City of Hamilton, # 12 14_Summons Returned Executed - Boone Karlberg, # 13 15_Objection to Removal, Use of Public Funds by Defense) (ASG, )

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700 South Fourth St.

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Hamilton, MT 59840

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Tel. [phone]

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FILED

Michael E. Spreadbury

mspreadra{hotmaiLcom

DEBBIEHARMONGLEftl<

APR 2 i 2011

lJ"+~~

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MONTANA 21 sT JUDICIAL DISTRICT COURT

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RAVALLI COUNTY

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MICHAEL E. SPREADBURY,

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Plaintiff

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v.

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Cause No: DV-1l-184 /

IS­

Judge TownsendiDepartment 4

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BITTERROOT PUBLIC LIBRARY,

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CITY OF HAMILTON,

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OBJECTION TO REMOVAL, USE OF

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LEE ENTERPRISES INC.,

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PUBLIC FUNDS BY DEFENSE

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BOONE KARL BERG P.C.,

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Defendants

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Comes now Plaintiff, with respectful objection to removal of complete case, partial case to

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Federal court, and improper use of municipal funds for Defense Counsel.

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The State of Montana has jurisdiction over § 1983 matters presented to this court. A cause of

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action for 42 USC § 1983 is able to be filed in State or Federal Court in any state within the

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American Union. This Honorable court has the ability to hear the aforementioned in its entirety.

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Two (2) ofthe four (4) pled causes of action in the aforementioned are for Emotional Distress

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(ED). As was communicated between parties by electronic mail on this date, ED is not

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recognized in Federal Courts. To allow the full casuse of action to be removed would violate the

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Plaintiff right to redress injury as found in Art. II s. 16 Montana Constitution: The

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Administration of Justice.

Objection to Removal

-spreadbUry v. Bitterroot Public Library e t '

April 21, 2011

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The Honorable Karen S. Townsend has made oath to uphold the Montana Constitution in Art. III

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s. 3, includes the administration ofjustice for the parties present before this court.

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Plaintiff requires that honorable court make order to enjoin Defendants to return full or partial

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case back to 21 st District for adjudication. If Defense wishes to house federal questions within

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the US District Court for the State of Montana, as properly presented in this case, two distinct

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causes of action will arise from the aforementioned.

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The ED causes of action must remain in this honorable court, as can the defamation, negligence

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causes of action. The only aspect of this case that could be considered to move would be the

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federal question, which has original jurisdiction in the 21 st Montana District Court Honorable

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Karen S Townsend presiding.

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An issue of public fraud arises, potential conflict as Boone Karlberg PC is paid to represent a

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non-municipal defendant, Bitterroot Public Library (BPL), and as was communicated by William

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L. Crowley, partner is funded by MMIA. Coverage for legal costs by MMIA is exclusively for

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municipal entities, to which BPL is not. As civil conspiracy is pled against the Defendants, the

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Plaintiff is not sure the proper role of Boone Karlberg PC as counsel for BPL, City of Hamilton.

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Scott Steams of Boone Karlberg PC informed Plaintiff that Lee Enterprises retains Boone for

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legal defense. The gratis "coverage" ofBPL by co-Defendant City of Hamilton, MT is improper

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before this honorable court.

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WHEREFORE, Plaintiff makes respectful objection before this court, requests order retaining

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Emotional Distress (ED), Defamation, and negligence causes of action to the 21 st District. The

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ED causes of action have no jurisdiction in a federal courtroom. Honorable Court is asked to

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Objection to Removal

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Spreadbury v. Bitterroot Public Library e t '

April 21, 2011

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examine Defense counsel, municipal fraud by Defense Counsel, Defendants, and require

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retention agreements to be presented to court in-camera to ensure proper adherence to law,

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professional practice standards of court officers before this court. Defendant Bitterroot Public

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Library is an independent library district per MCA§ 22-1-601 (3)(e) is ineligible for municipal

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funds for legal defense under the Montana Municipal Interlocal Authority (MMIA) and must pay

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for, and seek their own counsel. Otherwise, public for which this court serves defrauded.

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~k-

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Respectfully submitted to the honorable court this

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Michael E. Spreadbury

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Plaintiff (self-represented)

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2L day of April, 2010

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Certificate of Service:
I certify as a Plaintiff in this action, a copy of the below named pleading was
served upon the Defendant by First Class United States Mail. The following
address was used:
Objection to Removal, Use of Public Funds by Defense

Cause No. DV-11-184; 21 st District Court, heard by 4th District Judge Townsend.

Natasha Prinzing-Jones
Boone Karlberg PC
PO Box 9199
Missoula, MT 59807-9199

Dated:_4/21/11._ _ __

Michael E. Spreadbury, self represented litigant.