Celestina Gamez Missouri Cases

EasyEx MO Ofallon, LLC appealed the circuit court's judgment denying its motion to set aside a default judgment entered against it in a suit brought by its former employee, Celestina Gamez, for violations of the Missouri Human Rights Act and Workers' Compensation Law. The appellate court affirmed the circuit court's decision, holding that EasyEx failed to file its motion to set aside the default judgment within the one-year time limit prescribed by Rule 74.05(d). The court also granted Gamez's motion for attorney's fees on appeal as a prevailing party under the MHRA and remanded the case for a determination of reasonable fees.

Celestina Gamez, a former employee, sued EasyEx MO Ofallon, LLC, her former employer, for violations of the Missouri Human Rights Act and Workers' Compensation Law, obtaining a default judgment. One year after the judgment was entered, EasyEx moved to set it aside, which the circuit court overruled. The appellate court affirmed the circuit court's judgment, holding that EasyEx's motion was untimely under Rule 74.05(d) because it was filed more than one year after the default judgment's entry. The court also sustained Gamez's motion for attorney's fees on appeal and remanded the case for their determination.