KCI Auto Auction, INC. v. Anderson et al

Filing 158

ORDER entered by Judge Nanette K. Laughrey. The Report and Recommendation of January 28, 2019, Doc. 145 , is adopted. Additionally, to the extent consistent with this Order, Plaintiff's motion for civil contempt and order for sanctions, Doc. 135 , is granted. The Clerk's Office will mail a copy of this Order, by certified and regular mail, to the pro se Defendant. (Jackson, Rachel)

UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF MISSOURI
ST. JOSEPH DIVISION
KCI Auto Auction, Inc.,
Plaintiff,
v.
Alonzo Anderson, et al.,
Defendants.

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Case No. 5:17-cv-06086-NKL

ORDER
Before the Court is Plaintiff KCI Auto Auction, Inc.’s motion to enforce the Court’s
Order and hold defendants in civil contempt, Doc. 135, and United States Magistrate Judge John
T. Maughmer’s Report and Recommendations, Doc. 145. For the following reasons, after a de
novo review of the record, the Court adopts Judge Maughmer’s Report and Recommendation
and grants KCI’s motion.
Plaintiff KCI Auto Auction sued defendants Alonzo Anderson, Lucky 7 Discount Auto
Sales LLC and Lucky 7 Used Cars, L.L.C., among others, to recover money owed on a
delinquent account used by defendants to purchase cars from KCI. After the Court entered
default judgment against Lucky 7 Discount Auto Sales and Lucky 7 Used Cars, Doc. 100, and
granted summary judgment to KCI on its claims against Anderson, Doc. 115, KCI filed a motion
to compel Anderson to respond to KCI’s post-judgment discovery requests on behalf of himself
and the LLCs. Doc. 132. Finding that Anderson had been served with discovery requests on
multiple occasions but had failed to respond in any way, the Court ordered Anderson to respond
to KCI’s discovery requests within 14 days. Doc. 134.
Three weeks later, KCI filed the present motion, requesting that the Court hold defendant
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Alonzo Anderson in contempt of court for violating the Court’s Order, Doc. 134, directing the
defendants to respond to KCI’s post-judgment discovery requests. KCI seeks the following
remedial measures: an Order directing defendant Alonzo Anderson’s arrest so that he can be
brought before the Court; Anderson’s incarceration until he purges himself of contempt by
responding to KCI’s discovery requests; permission to move for attorneys’ fees and costs
incurred as result of defendants’ failure to comply with discovery requests; and monetary
sanctions of $250/day for each day of further non-compliance. Doc. 135. No opposition to this
motion was filed.1
On December 20, 2018, the Court set a hearing, and ordered Defendant Alonzo Anderson
to appear and show cause why he should not be held in contempt for failing to comply with the
Court’s Order directing him to respond to KCI’s post-judgment interrogatories and request for
production. Doc. 139. On January 22, 2019, the show cause hearing was conducted by United
States Magistrate Judge John T. Maughmer, on a referral from this Court. Alonzo Anderson did
not appear at the hearing as ordered. Doc. 143.
After the hearing, Judge Maughmer recommended that the Court find that defendant
Alonzo Anderson failed to appear at the hearing as directed by the Court, and failed to comply
with the Court’s Order compelling his response to KCI’s post-judgment discovery requests.
Judge Maughmer further recommended that the Court find Anderson in contempt of the Court’s
Orders, enter an Order holding him in civil contempt, and direct the United States Marshal for
the Western District of Missouri to arrest Anderson and bring him before the Court. Doc. 145.

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Anderson did request an extension of time to respond, Doc. 137, but his request was denied
based on his prior conduct before the Court, the lack of good cause shown in his motion and the
fact that he would have the ability to oppose KCI’s motion at the show cause hearing. Doc. 140.
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A copy of Judge Maughmer’s Report and Recommendation was sent to Defendant
Anderson via certified and regular mail. Doc. 145. The regular mail was not returned as
undeliverable. The Report and Recommendation stated that parties could submit objections
within 14 days. No objections have been filed.
A de novo review of the record convinces the Court that Judge Maughmer’s report and
recommendation is correct and should be adopted. Accordingly, the Court finds that Anderson
did not appear as ordered for the show cause hearing and has not complied with the Court’s order
directing a response to KCI’s discovery requests. The Court additionally finds that this conduct
warrants the other sanctions requested by KCI.
IT IS, THEREFORE, ORDERED that the Report and Recommendation of January 28,
2019, Doc. 145, is adopted.
IT IS FURTHER ORDERED that:
1. Defendant Alonzo Anderson has been and hereby is in civil contempt of Court;
2. The United States Marshal for the Western District of Missouri shall arrest defendant
Alonzo Anderson and bring him before the Court;
3. Defendant Alonzo Anderson shall be incarcerated in a facility to be selected by the
United States Marshal Service until such time as he purges himself of contempt by
fully answering and responding to, on behalf of himself, Lucky 7 Discount Auto
Sales LLC and Lucky 7 Used Cars, L.L.C., Plaintiff’s First Set of Post-Judgment
Interrogatories and Plaintiff’s First Set of Post-Judgment Requests for Production of
Documents, as set forth in Doc. 132-1, Doc. 132-2, and Doc. 132-3.
4. Monetary sanctions in the amount of $250 a day shall accrue against the defendants
for each day of noncompliance following the date of this Order;
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5. KCI is permitted to move for and submit documentation to the Court supporting costs
and expenses incurred; and
6. To the extent consistent with this Order, Plaintiff KCI Auto Auction, Inc.’s motion
for civil contempt, Doc. 135, is granted.
These sanctions are meant to enforce compliance with the Court’s prior orders and
compensate KCI for losses sustained because of Anderson’s noncompliance. See Chicago Truck
Drivers v. Bhd. Labor Leasing, 207 F.3d 500, 505 (8th Cir. 2000) (stating purpose of civil
contempt). As such, Defendant Alonzo Anderson “carr[ies] ‘the keys of [his] prison in [his] own
pockets.’” Shillitani v. United States, 384 U.S. 364, 368 (1966) (quoting In re Nevitt, 117 F. 448,
461 (8th Cir. 1902)). The coercive fines will stop and incarceration will end as soon as the Court
is satisfied that Anderson has purged himself of contempt by complying with the Court’s Order
directing him to respond to KCI’s Post-Judgment Interrogatories and Requests for Production,
Doc. 134.
s/ Nanette K. Laughrey
NANETTE K. LAUGHREY
United States District Judge
Dated: March 11, 2019
Jefferson City, Missouri

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