Professional Documents
Culture Documents
AT KANSAS CITY
STATE OF MISSOURI, ex rel.
ATTORNEY GENERAL CHRIS KOSTER,
Plaintiff,
v.
WALGREEN CO.,
An Illinois Corporation,
Defendant.
)
)
)
)
)
) Case No. 1316-cv21688
) Division 12
)
)
)
)
Page 1
1.
court order. A fine for civil contempt is remedial and provides a coercive
means of compelling compliance with a court order and/or of compensating
complainant for losses sustained due to noncompliance. Deane v. Missouri
Emprs Mut. Ins. Co., 437 S.W.3d 321, 326 (Mo. App. W.D. 2014).
A per
diem fine that expires when the contemnor complies with the courts order is
proper in instances of civil contempt. Redifer v. Redifer, 650 S.W.2d 26, 28
(Mo. App. E.D. 1983).
3.
Page 2
Under the terms of this statute, any person who violates the terms of
an injunction, an order to make restitution, or any other order issued
under Section 407.100 shall forfeit and pay to the State a civil penalty
of not more than $5,000.00 per violation. Under this section, the court
issuing the injunction retains jurisdiction and the Attorney General,
acting in the name of the State, may petition for recovery of penalties.
4.
advertisements which displayed sale prices after the sale had expired and
overcharges at the point of sale, which varied in amount and ranged from a
few cents to over $15.00.
6.
1All
references are to Missouri Revised Statutes 2000, unless otherwise noted. Where a
citation gives a supplement yeare.g. (Supp. 2012)the citation is to the version of the
statute that appears in the corresponding supplementary version of the Missouri Revised
Statutes, and, where relevant, to identical versions published in previous supplements.
Page 3
8.
The Order has remained in full force and effect since it was
10.
shelves adjacent to products on those store shelves. Each sales tag indicates
the sales price for the adjacent item. Many of these sales tags offer a reduced
price for only a limited time period, with the offers expiration date indicated
on the sales tag.
expiration date.
13.
Page 4
14.
are initially displayed in its Missouri retail stores and when those
advertisements are removed from its Missouri retail stores.
15.
July 26-27, 2015, as well as August 30-31 and September 1, 2015. During
these visits, Plaintiff identified 1,306 advertisements on display in these
Missouri Walgreen retail stores after 12 hours from when the offers expired.
This Show Cause Order adopts and incorporates by reference all factual
allegations contained in Plaintiffs Motion for an Order to Show Cause and
for Judgment of Civil Contempt and for Civil Penalties, including the exact
dates, specific store locations, and number of violations per date and location,
which are detailed in the Affidavit of Shelly Land, attached as Exhibit C to
Plaintiffs Motion.
16.
have occurred or is about to occur, irreparable harm and harm to the public
are presumed. State ex rel. Nixon v. Beer Nuts, Ltd., 29 S.W.3d 828, 837-38
(Mo. App. E.D. 2000).
Page 5
18.
court order, and a per diem fine that expires upon compliance with the court
order is proper in instances of civil contempt.
_________________________
DATE
___________________________
Circuit Judge
Page 6