1. We filed a Motion for Contempt against the State and the Department of Corrections because they have not complied with the court’s order. That Motion is scheduled for hearing on April 1, 2019, in Cole County Circuit Court.
2. We filed the Contempt Motion because the Defendant: (1) is not compensating its COs for the pre- and post-shift duties they perform every day; (2) has not implemented a timekeeping system to record the time its COs spend performing those duties; and (3) has not provided notice to Class Counsel, MOCOA, or the Court of any efforts to change those practices.
This conduct is a direct violation and in contempt of the Court’s Amended Judgment.
3. Defendant was required to seek a supersedeas bond “at or prior to the time of filing notice of appeal” to cover the wages earned by the COs while the appeal is pending in order for the Amended Judgment to be stayed. State ex rel. GTE N., Inc. v. Missouri Pub. Serv. Comm’n, 835 S.W.2d 356, 366 (Mo. App. W.D. 1992); Mo. Sup. Ct. R. 81.09(a); Mo. Ann. Stat. § 512.080.1.
An appeal bond is used to stay the issuance of an execution until the cause can be passed upon and disposed of by the appellate court.” A bond guarantees that a party’s ability to collect on a judgment is not impaired although execution is deferred, if that party is successful on appeal. Id.; see also Green v. Perr, 238 S.W.2d 922, 923 (Mo. App. St. Louis 1951) (“purpose of a supersedeas bond is to stay the execution or enforcement, pending the appeal, of any order or judgment which commands or permits some act to be done”); Roussin v. Roussin, 792 S.W.2d 894, 898 (Mo. App. E.D. 1990).
4. The DOC made no efforts to obtain a bond, and without one in place, there are no funds available to reimburse Plaintiffs’ Class for their wages.
5. At the same time, the DOC’s defiance of the Court’s Amended Judgment is resulting in significant lost wages for Plaintiffs’ class, with unpaid overtime accruing at a rate of approximately $787,989 every month.
6. In the Motion for contempt, we ask for and order: (1) finding Defendant in contempt of court; (2) ordering the immediate implementation of the policies and procedures set forth in Paragraph 7 of the Amended Judgment entered on September 14, 2018; (3) awarding Class Plaintiffs the attorneys’ fees and costs incurred as a result of Defendant’s contempt; and (4) sanction the DOC $1,575,978 per month since the date of judgment to be paid to the class and distributed per the Court’s Amended Order and Judgment.
7. At my request, the Cole County Circuit Clerk garnished two banks in which the State of Missouri holds money for over $118 Million on Friday.
8. The case is still being appealed by the State of Missouri.
9. The record on appeal was completed and filed with the Western District Court of Appeals on January 28, 2019.The State’s brief is due March 29, 2019.
10. With interest, the verdict is now almost $119 Million.
To view the entire Motion for Contempt or other main pleadings in the case, click here.