Derek Block, et al v. James Canepa, et al
| DEREK BLOCK, KENNETH M. MILLER and HOUSE OF GLUNZ, INC. |
| JAMES V. CANEPA, Superintendent of Liquor Control, Ohio Division of Liquor Control, DAVE YOST, Attorney General of Ohio, THOMAS J. STICKRATH, Director, Ohio Department of Public Safety and DEBORAH PRYCE, Chair of the Ohio Liquor Control Commission |
| WHOLESALE BEER & WINE ASSOCIATION OF OHIO |
| NATIONAL ASSOCIATION OF WINE RETAILERS, CENTER FOR ALCOHOL POLICY, WINE & SPIRITS WHOLESALERS OF AMERICA, INC. and AMERICAN BEVERAGE LICENSEES |
| 25-3305 |
| April 21, 2025 |
| U.S. Court of Appeals, Sixth Circuit |
| Civil Rights: Other |
Docket Report
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| Document Text |
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| Filing 43 REPLY BRIEF filed by Attorney Mr. James Alexander Tanford for Appellants House of Glunz, Inc. and Kenneth M. Miller. Certificate of Service: 10/10/2025. [25-3305] (JAT) [Entered: 10/10/2025 04:13 PM] |
| Filing 42 LETTER filed by Mr. James Alexander Tanford for House of Glunz, Inc. and Kenneth M. Miller communicating dates of unavailability for oral argument: April 20-24, 2026. Certificate of Service: 10/09/2025. [25-3305] (JAT) [Entered: 10/09/2025 09:29 AM] |
| Filing 41 AMICUS BRIEF filed by Frederick R. Yarger for Wine & Spirits Wholesalers of America, Inc. and American Beverage Licensees , with parties' consent. Certificate of Service:09/26/2025. [25-3305] (FRY) [Entered: 09/26/2025 05:29 PM] |
| Filing 40 AMICUS APPEARANCE filed for Wine & Spirits Wholesalers of America, Inc. American Beverage Licensees by William P. Sowers, Jr.. Certificate of Service: 09/26/2025. [25-3305] (WS) [Entered: 09/26/2025 05:01 PM] |
| Filing 39 AMICUS APPEARANCE filed for Wine & Spirits Wholesalers of America, Inc.; American Beverage Licensees by Frederick R. Yarger. Certificate of Service: 09/26/2025. [25-3305] (FRY) [Entered: 09/26/2025 04:09 PM] |
| Filing 38 AMICUS BRIEF filed by Center for Alcohol Policy , with parties' consent. Certificate of Service:09/25/2025. [25-3305] (JCN) [Entered: 09/25/2025 05:00 PM] |
| Filing 37 CORRECTED APPELLEE BRIEF filed by Ms. Martha Brewer Motley for Wholesale Beer & Wine Association of Ohio.. Certificate of Service: 09/25/2025. Argument Request: not requested. [25-3305] (MBM) [Entered: 09/25/2025 02:02 PM] |
| Filing 36 CORPORATE DISCLOSURE STATEMENT. Name of Counsel: John C. Neiman, Jr. ; Center for Alcohol Policy makes the following disclosure: 1. Is said party a subsidiary or affiliate of a publicly owned corporation? No. 2. Is there a publicly owned corporation, not a party to the appeal, with a financial interest in the outcome? No. Certificate of Service: 09/23/2025. [25-3305] (JCN) [Entered: 09/23/2025 10:49 PM] |
| Filing 35 AMICUS APPEARANCE filed for Center for Alcohol Policy by John C. Neiman, Jr.. Certificate of Service: 09/23/2025. [25-3305] (JCN) [Entered: 09/23/2025 02:39 PM] |
| Filing 34 BRIEFING LETTER SENT requesting brief corrections from Ms. Martha Brewer Motley for Wholesale Beer & Wine Association of Ohio because the full caption should be listed on the cover page, and the designation of relevant district court documents should include page ID ranges. Corrected brief due: 09/29/2025. (RO) [Entered: 09/22/2025 09:07 AM] |
| Filing 33 LETTER filed by Mr. Michael Jason Hendershot for Mr. Dave Yost communicating dates of unavailability for oral argument: March 16-20, 2026. Certificate of Service: 09/19/2025. [25-3305] (MJH) [Entered: 09/19/2025 04:08 PM] |
| Filing 32 LETTER filed by Ms. Martha Brewer Motley for Wholesale Beer & Wine Association of Ohio communicating dates of unavailability for oral argument: October 20-24, 2025; July 20-24, 2026; July 27-31, 2026. Certificate of Service: 09/19/2025. [25-3305] (MBM) [Entered: 09/19/2025 03:21 PM] |
| Filing 31 ***LOCKED - see correction letter, RE #34*** APPELLEE BRIEF filed by Ms. Martha Brewer Motley for Wholesale Beer & Wine Association of Ohio. Certificate of Service: 09/19/2025. Argument Request: not requested. [25-3305]--[Edited 09/22/2025 by RO] (MBM) [Entered: 09/19/2025 03:19 PM] |
| Filing 30 APPELLEE BRIEF filed by Ms. Mathura Jaya Sridharan for Mr. Dave Yost. Certificate of Service: 09/19/2025. Argument Request: requested. [25-3305] (MJS) [Entered: 09/19/2025 12:10 PM] |
| Filing 29 RULING LETTER SENT granting unopposed motion to extend time to file brief [ # 28 ] by 30 days. Resetting briefing schedule: appellee brief now due 09/19/2025. (GSA) [Entered: 08/08/2025 09:25 AM] |
| Filing 28 UNOPPOSED MOTION filed by Ms. Mathura Jaya Sridharan for Mr. Dave Yost to extend time to file brief. Certificate of Service: 08/08/2025. [25-3305]--[Edited 08/08/2025 by GSA] (MJS) [Entered: 08/08/2025 08:35 AM] |
| Filing 27 APPEARANCE filed for Appellee Mr. Dave Yost by Michael J. Hendershot. Certificate of Service: 08/07/2025. [25-3305] (MJH) [Entered: 08/07/2025 04:20 PM] |
| Filing 26 APPEARANCE filed for Appellee Mr. Dave Yost by Mathura J. Sridharan. Certificate of Service: 08/07/2025. [25-3305] (MJS) [Entered: 08/07/2025 04:18 PM] |
| Filing 25 RULING LETTER SENT granting motion to extend time to file brief [ # 24 ] filed by Ms. Kaitlyn M. Kachmarik. 14 day extension of time granted. Resetting briefing schedule: appellee brief now due 08/20/2025. (RO) [Entered: 07/16/2025 01:57 PM] |
| Filing 24 MOTION filed by Ms. Kaitlyn M. Kachmarik for Mr. Dave Yost to extend time to file brief. Certificate of Service: 07/16/2025. [25-3305] (KMK) [Entered: 07/16/2025 11:24 AM] |
| Filing 23 AMICUS BRIEF filed by Mr. Sean Michael O'Leary for National Association of Wine Retailers, with parties' consent. Certificate of Service:07/11/2025. (ACB) [Entered: 07/11/2025 05:13 PM] |
| Filing 22 CORPORATE DISCLOSURE STATEMENT. Name of Counsel: Sean O'Leary. ; National Association of Wine Retailers makes the following disclosure: 1. Is said party a subsidiary or affiliate of a publicly owned corporation? No 2. Is there a publicly owned corporation, not a party to the appeal, with a financial interest in the outcome? No Certificate of Service: 07/11/2025. (ACB) [Entered: 07/11/2025 05:11 PM] |
| Filing 21 AMICUS APPEARANCE filed by Attorney Mr. Sean Michael O'Leary for Amicus Curiae National Association of Wine Retailers. (ACB) [Entered: 07/11/2025 05:07 PM] |
| Filing 20 APPELLANT BRIEF filed by Mr. James Alexander Tanford for House of Glunz, Inc. and Kenneth M. Miller. Certificate of Service: 07/07/2025. Argument Request: requested. [25-3305] (JAT) [Entered: 07/07/2025 02:29 PM] |
| Filing 19 APPEARANCE filed for Appellee Wholesale Beer & Wine Association of Ohio by Emily J. Taft. Certificate of Service: 05/16/2025. [25-3305] (ET) [Entered: 05/16/2025 11:19 AM] |
| Filing 18 RULING LETTER SENT granting motion to extend time to file brief [ # 17 ] filed by Mr. James Alexander Tanford. 21 day extension of time granted. Resetting briefing schedule: appellant brief now due 07/07/2025; appellee brief now due 08/06/2025. (RO) [Entered: 05/12/2025 01:21 PM] |
| Filing 17 MOTION filed by Mr. James Alexander Tanford for House of Glunz, Inc. and Kenneth M. Miller to extend time to file brief. Certificate of Service: 05/12/2025. [25-3305] (JAT) [Entered: 05/12/2025 10:08 AM] |
| Filing 16 BRIEFING LETTER SENT setting briefing schedule: appellant brief due 06/16/2025; appellee brief due 07/16/2025. (RO) [Entered: 05/06/2025 10:09 AM] |
| Filing 15 APPEARANCE filed for Appellee Mr. Dave Yost by Samantha V. Rupp. Certificate of Service: 05/02/2025. [25-3305] (SVR) [Entered: 05/02/2025 02:37 PM] |
| Filing 14 APPEARANCE filed for Appellee Mr. Dave Yost by Kaitlyn M. Kachmarik. Certificate of Service: 05/02/2025. [25-3305] (KMK) [Entered: 05/02/2025 10:34 AM] |
| Filing 13 LETTER SENT to Mr. Robert David Epstein for Kenneth M. Miller and House of Glunz, Inc., Mr. James Alexander Tanford for Kenneth M. Miller and House of Glunz, Inc., Mr. Maxwell Hewitt King for Wholesale Beer & Wine Association of Ohio, Ms. Martha Brewer Motley for Wholesale Beer & Wine Association of Ohio, Ms. Marissa J. Palumbo Thompson for Mr. Dave Yost and Ms. Emily Taft for Wholesale Beer & Wine Association of Ohio, regarding amended caption. (RO) [Entered: 04/25/2025 09:18 AM] |
| Filing 12 CORPORATE DISCLOSURE STATEMENT. Name of Counsel: Disclosure of Corporate Affiliations and Financial Interest ; Wholesale Beer & Wine Association of Ohio makes the following disclosure: 1. Is said party a subsidiary or affiliate of a publicly owned corporation? No 2. Is there a publicly owned corporation, not a party to the appeal, with a financial interest in the outcome? No Certificate of Service: 04/23/2025. [25-3305] (MBM) [Entered: 04/23/2025 10:06 AM] |
Filing 11
ORDER filed to dismiss James Canepa, Thomas Stickrath and Deborah Pryce as parties to the appeal. (RO) [Entered: 04/23/2025 09:49 AM]
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| Filing 10 APPEARANCE filed for Intervenor-Defendant - Appellee Wholesale Beer & Wine Association of Ohio by MAXWELL H. KING. Certificate of Service: 04/23/2025. [25-3305]--[Edited 04/24/2025 by ACB] (MHK) [Entered: 04/23/2025 09:11 AM] |
| Filing 9 ***LOCKED - please refile as Corporate Disclosure Statement*** FILED: Disclosure of Corporate Affiliations and Financial Interest by Ms. Martha Brewer Motley for Wholesale Beer & Wine Association of Ohio. Certificate of Service: 04/23/2025. [25-3305]--[Edited 04/23/2025 by REO] (MBM) [Entered: 04/23/2025 08:57 AM] |
| Filing 8 ***LOCKED - please refile using the correct attorney's account*** APPEARANCE filed for Intervenor Wholesale Beer & Wine Association of Ohio by Maxwell H. King. Certificate of Service: 04/23/2025. [25-3305]--[Edited 04/23/2025 by REO] (MBM) [Entered: 04/23/2025 08:00 AM] |
| Filing 7 APPEARANCE filed for Intervenor Wholesale Beer & Wine Association of Ohio by Martha Brewer Motley. Certificate of Service: 04/23/2025. [25-3305] (MBM) [Entered: 04/23/2025 07:59 AM] |
| Filing 6 TRANSCRIPT ORDER filed - transcript is unnecessary for appeal purposes. Filed by Mr. James Alexander Tanford for House of Glunz, Inc. and Kenneth M. Miller. Certificate of Service: 04/22/2025. [25-3305] (JAT) [Entered: 04/22/2025 10:36 AM] |
| Filing 5 CORPORATE DISCLOSURE STATEMENT. Name of Counsel: James A. Tanford ; House of Glunz, Inc. makes the following disclosure: 1. Is said party a subsidiary or affiliate of a publicly owned corporation? No 2. Is there a publicly owned corporation, not a party to the appeal, with a financial interest in the outcome? No Certificate of Service: 04/22/2025. [25-3305] (JAT) [Entered: 04/22/2025 10:34 AM] |
| Filing 4 CIVIL APPEAL STATEMENT OF PARTIES AND ISSUES filed by Attorney Mr. James Alexander Tanford for Appellants House of Glunz, Inc. and Kenneth M. Miller. Is this case a cross-appeal? No ; Has this case or a related one been before this court previously? Yes ; Case Name: Block v. Canepa , Citation: 22-3852 ; Was this case mediated through the court's program: No. ; Parties Against Whom this Appeal is Being Taken: Mr. Dave Yost ,Wholesale Beer & Wine Ass'n of Ohio ; Issues: (1) Whether Ohio's refusal to issue alcohol licenses to out-of-state retailers or allow them to ship wine to consumers, when in-state retailers are allowed to do so, violates the nondiscrimination principle of the Commerce Clause and is unconstitutional under Granholm v. Heald, 544 U.S. 460 (2005) and Tennessee Wine & Spirits Retailers Ass'n v. Thomas, 588 U.S. 504 (2019). (2) Whether Ohio's imposition of a 4.5 liter limit to the amount of wine that a consumer may personally transport to their home when it was purchased from an out of state retailer, while simultaneously allowing consumers to transport an unlimited amount purchased from an in-state retailer, violates the nondiscrimination principle of the Commerce Clause. . Certificate of Service: 04/22/2025. [25-3305] (JAT) [Entered: 04/22/2025 10:31 AM] |
| Filing 3 APPEARANCE filed for Appellants House of Glunz, Inc. and Kenneth M. Miller by James A. Tanford. Certificate of Service: 04/22/2025. [25-3305] (JAT) [Entered: 04/22/2025 09:16 AM] |
| Filing 2 The case manager for this case is: Ryan Orme (REO) [Entered: 04/21/2025 02:37 PM] |
| Filing 1 Civil Case Docketed. Notice filed by Appellants House of Glunz, Inc. and Kenneth M. Miller. Transcript needed: y. (REO) [Entered: 04/21/2025 02:32 PM] |
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