IN THE CIRCUIT COURT OF SULLIVAN CO} STATE OF MISSOURI STATE OF MISSOURI ex rel. CHRIS KOSTER, Attomey General of Missouri, and JON HAGLER, Director of the MISSOURI DEPARTMENT OF AGRICULTURE, Plaintiff, ve Case No. 11SU-CC00008 CHARLES STEPHENSON and. DIANA STEPHENSON, d/b/a S&S FAMILY PUPPIES Defendants. AmEN DES CONSENT JUDGMENT Plaintiff, state of Missouri, at the relation of Chris Koster, Attorney General, the Missouri Department of Agriculture and Defendants Charles and Diana Stephenson, d/b/a S&S Family Puppies, by and through counsel, hereby consents to the entry of this Consent Judgment. ‘The Court has read Plaintiff's Petition for Temporary Restraining Order, Preliminary and Permanent Injunction, in which Plaintiff alleges that Defendants violated the Animal Care Facilities Act, §§ 273.325-273.357, RSMo, and the regulations promulgated thereunder (“ACFA") The Court is satisfied that the provisions of this Consent Judgment are intended to resolve the issues raised by the Petition, and that the parties want to terminate this controversy and consent to the entry of this judgment without tril. This Consent Judgment is made, agreed upon and submitted to the Court for the purpose of settlement only, and upon the condition that the Court approves it in its entirety. In the eventthe Court does not approve of this Consent Judgment in its entirety and as agreed by the parties, it shall be null and void and have no effect in this or any other proceeding. The parties understand and agree that each and every term of this Judgment shall be enforceable by futther order of this Court, and to that end, the Court retains jurisdiction of the matter in order to enforce each and every term of this Consent Judgment. The Court finds that the terms of this ‘Consent Judgment protect the public's interest. ‘The parties hereto, having consented to the entry of this Consent Judgment, now therefore, before the taking of any testimony and upon the pleadings, itis hereby ORDERED, ADJUDGED AND DECREED that: 1. Objectives of the Parties 1. The objectives of the parties to this Consent Judgment are to protect the welfare | of the animals in Defendants’ care and to resolve allegations contained in Plaintiff's Petit Il. Definitions | 2. Terms used herein shall have the same meaning as provided in the ACFA and the regulations adopted thereunder. In addition, the following terms are specifically defined: | a. “Consent Judgment” means this Consent Judgment and all attachmeps, which are included by reference and flly enforceable a aterm of the judgment, b. “Defendants” means Charles and Diana Stephenson. ©. “Department” means the Missouri Department of Agriculture. 4. “Facility” means 26185 Cheyenne Drive, Milan, Sullivan County, Missouri. © “Plaintiff” means the state of Missouri on the relationship of Attomay General Chris Koster and the Department,IIL. Jurisdiction and Venue 3. This Court has jurisdiction over the subject matter herein and of the parties consenting hereto pursuant to § 273.327, RSMo. The subject matter ofthis action involves the ACFA, § 273.335, RSMo, at the Defendants’ commercial dog breeding facility located within the confines of Sullivan County, Missouri. The Defendants’ actions giving rise to this suit took place in Sullivan County, and venue is proper pursuant to § 273.327, RSMo. TV. Parties Bound 4. The provisions of this Judgment shall be binding upon the parties to this action as well as their agents, servants, employees, heirs, successors, assigns, and to all persons, fia, Corporations and other entities who are, or who willbe, acting in concert or privity with, of on behalf of the parties to this action or their agents, servants, employees, heirs, successors, and Assigns. Defendants shall provide a copy ofthis order to all persons or entities retained to perform work required by this order. V. Satisfaction and Reservation of Rights 5. Upon the completion of all terms of this Consent Judgment, including the payment of civil penalties, completion of any injunctive relief required as a condition of | compliance, and the payment of any stipulated penalties due under the terms of this Consent Judgment, Defendants are relieved of liability for the violations alleged in Plaintiff's Petition. 6. This Consent Judgment shall not be construed to limit the rights of Plaintiff to obtain penalties or injunctive relief under the ACFA or its implementing regulations, or under other federal or state laws, or regulations, except as expressly stated in the preceding paragkapl of this Consent Judgment. Without limiting the foregoing, the parties expressly agree that:a. Nothing in this Consent Judgment shall prevent Plaintiff from applying to this Court for further orders or relief if violations of this Consent Judgment occur. b, Nothing in this Consent Judgment shall preclude Plaintiff from seeking | equitable or legal relief for violations of the Missouri laws or regulations that were hot | alleged in the petition. ©. Nothing in this Consent Judgment shall preclude Plaintiff from seeking ‘equitable or legal relief for future violations of the ACFA or ‘regulations promulgatd under its authority. | d. Plaintiff further reserves all legal and equitable remedies to address ty imminent and substantial endangerment to the public health or welfare arising at, oF posed by, Defendants’ Facility, whether related to the violations addressed in this | Consent Judgment or otherwise. | VI. Injunctive Relief | 7. Defendants agree and are ordered to comply with the ACFA and its implembnting regulations for any and all future activities in the state of Missouri, | 8. In compromise and satisfaction of the claims set forth in Plaintiff's Petition, and without admitting liability or fault to the same, Defendants agree to the following injunctive relief: | (@) Defendants shall transfer all dogs, puppies, cats, or kittens in her possession|to a licensed ACFA facility, provided that any litters ess than eight weeks of age be transferred with their dam as one group, on or before May 31, 2011; | (®) Defendants shall provide copies of disposition records to the Department fot all animals transferred from their possession from the date of entry of this Consent Judgment through the date of final disposition, which is May 31, 2011, if not sooner; (©) Defendants shall remove all internet advertisements of dogs, puppies, cats, and kittens for adoption or sale on or before May 31, 2011; 4a Avedel alsin ‘ ea NR, Moh HB, KOO (@ Defendants sag surrender their ACFA license on or befo 2011, refrain from alf pet adoptions or sales for at leas eight (8) fears from the date of entry of this Consent Judgment; | REER covered | (©) Defendants sp refrain from accepting or purchasing any dogs or cats for the purpose of &doption or resale for atleast eight (8) years fom the date of entky of this Consent Judgment; | (6) Defendants shall allow the Department to enter Defendants" place of business ‘upon the presentation of any advertisement or record that indicates ACFA~ covered activity by Defendants or anyone operating on property owned or controlled by Defendant for the purpose of documenting care, conditions, compliance with this Consent Judgment for at least eight (8) years from the date of the execution of this Consent Judgment; | (g) Defendants shall attain total compliance with the rules and standards set for{h in ACFA, including but not limited to the acquisition of an appropriate ACFA\ license, prior to conducting any future ACFA-covered activity, | VIL. Stipulated Per | es 9. Inthe event that Defendants fail to comply with the requirements set forth if this ’ Consent Judgment, Defendants shall be liable for stipulated penalties in accordance with oy following schedule: A. $100 per day for each day of each violation up to thirty days. | | B. $250 per day for each day of each violation, from thirty-one days to si . days, | C. $500 per day for each day of each violation, beyond sixty days. 10. Stipulated penalties shall be due and payable within ten days of demand being made by the Attomey General’s Office. Defendants shall pay stipulated penalties by chest made Payable tothe “State of Missouri (Sullivan County)” and mailed, along witha copy ofthe State's stipulated penalty demand letter, to: “Collections Specialist, Missouri Attomey General's Gfice P.O. Box 899, Jefferson City, MO 65102-0899.” That check will be deposited and processed in accordance with the Consent Judgment and Missouri law.11, The inclusion of stipulated penalty provisions in this Consent Judgment, an} the payment of stipulated penalties, does not limit the State’s ability to pursue other penalties for the same acts; where a violation of this Consent Judgment also constitutes a violation of a statute, stipulated penalties may be collected in addition to statutory penalties imposed for those violations. VIL. Modification 12. Except as otherwise specified herein, this Consent Judgment may be modified or amended only upon written agreement by and among the parties, their successors and assighs and with the approval of the Court. All modifications shall be in writing and filed with the! Court. IX. Costs 13. Defendants shall pay all court costs in this action. 14. The parties hereby consent to this Consent Judgment through their duly authorized representatives as indicated below. DIANA STEPHENSON Sasa Stephen —— Date." 20- Jol, CHARLES STEPHENSON aki$24 G-RO- RatMISSOURI ATTORNEY GENERAL’S OFFICE Printed Name: Ton Haqlec _ Dates 15, 001\= ee SO ORDERED: