EAST ST. LOUIS – Attorney general Kwame Raoul has ignored Chief U. S. District Judge Nancy Rosenstengel’s order to pay Carbondale lawyer Shari Rhode $1,350 for discovery violations in a discrimination suit.
Rosenstengel issued an order on Jan. 10 giving assistant attorney general Thomas Ewick seven days to show why she shouldn’t hold him in contempt.
“Defendants have failed to issue payment for the awarded attorney’s fees to plaintiff in defiance of the court’s orders,” she wrote.
She awarded the sanction in October.
Rhode represents Angela Cowell of Willisville, coordinator of admission and discharge at Chester mental health hospital.
Cowell sued the hospital, administrator Travis Nottmeier, chief social worker Jalma Klausing, and human resources employee Jessica Lawson in 2021.
Cowell claimed she reported a former medical director’s harassment, hostility, and retaliation to Nottmeier in 2020.
She claimed Nottmeier did nothing and the medical director bullied and threatened staff members who supported her.
She also claimed the medical director was discharged but Nottmeier, Klausing, and Lawson took adverse actions affecting Cowell’s duties.
Cowell claimed she asked to work remotely and provided a recommendation from a physician but defendants refused the request.
She alleged discrimination on the basis of sex and disability, interference with rights under medical leave law, and infliction of emotional distress.
She asked for actual damages and punitive damages.
Ewick moved to dismiss the complaint and Rosenstengel denied it last March, finding Cowell’s allegations created an inference of personal animosity.
Rhode immediately moved to compel discovery responses and document production, claiming they were due in January.
She asked for reasonable fees associated with her motion.
Ewick responded that he had been particularly busy with other cases.
Rosenstengel granted the motion, set a May 12 deadline, and directed Rhode to outline details of her fee request.
On May 12, Rhode requested $500 per hour for 2.7 hours.
She stated she was chief trial attorney for Southern Illinois University from 1981 to 2004 and she privately practiced in employment law thereafter.
On May 16, she stated defendants didn’t respond to Rosenstengel’s order.
On May 31, Ewick stated he believed he could complete responses in two weeks.
Three weeks later Rhode again moved for sanctions.
“Plaintiff should be granted judgment in her favor and this matter set for hearing only on the issue of damages,” she wrote.
At a hearing on Oct. 6, Rhode urged Rosenstengel to sanction the defendants by prohibiting them from initiating any discovery.
A day later, Rosenstengel granted the request as an appropriate sanction for the failure of defendants to participate in discovery.
She found that if she extended deadlines, Cowell would continue to suffer the discrimination and retaliation set forth in her complaint.
Rosenstengel set a Nov. 7 deadline for defendants to provide discovery responses and awarded $1,350 to Rhode.
At the deadline, Ewick stated he completed discovery responses but needed 30 days to process payment of Rhode’s fee.
On Dec. 14, Rhode notified Rosenstengel that he hadn’t paid.
Rosenstengel gave him four days to respond, and he didn’t respond.
On Jan. 6, Rosenstengel ordered the parties to file a status report by Jan. 13.
Rhode immediately filed a report that she didn’t received payment.
Ewick filed nothing.
On Jan. 10, Rosenstengel set a hearing Jan. 25 and ordered Ewick to respond in writing by Jan. 17.
Rhode immediately asked Rosenstengel to hold the hearing Jan. 30.
The request remained pending as of Jan. 13.