Spreadbury v. Bitterroot Public Library et al
Filing
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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. (406) 363-3877
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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.
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