Anastasia Wullschleger, et al v. Royal Canin U.S.A., Inc., et al
| Anastasia Wullschleger, On behalf of themselves and all others similarly situated and Geraldine Brewer |
| Royal Canin U.S.A., Inc. and Nestle Purina Petcare Company |
| 22-1796 |
| April 18, 2022 |
| U.S. Court of Appeals, Eighth Circuit |
| Antitrust |
Opinions
We have the following opinions for this case:
| Description |
|---|
 Anastasia Wullschleger v. Royal Canin U.S.A., Inc.
|
Docket Report
RSS Track this Docket
This docket was last retrieved on July 31, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
OPINION FILED - THE COURT: Jane Kelly, Ralph R. Erickson and David R. Stras AUTHORING JUDGE:David R. Stras (PUBLISHED) [5301064] [22-1796] (NDG) [Entered: 07/31/2023 07:34 AM]
|
|
JUDGMENT FILED - The judgment of the originating court is vacated and remanded in accordance with the opinion of this court. JANE KELLY, RALPH R. ERICKSON and DAVID R. STRAS Hrg Jan 2023 [5301066] [22-1796] (NDG) [Entered: 07/31/2023 07:40 AM]
|
|
SUPPLEMENTAL brief of Nestle Purina Petcare Company and Royal Canin U.S.A. submitted for review. The time for filing the subsequent brief (if any) does not begin to run until the brief has been approved and filed. To open/view this brief, you must first login to CM/ECF and then open the document link in your Notice of Docket Activity. Only direct recipients on accounts can open this document. [5244942] [22-1796] (CMC) [Entered: 02/10/2023 02:58 PM]
|
|
SUPPLEMENTAL brief of Anastasia Wullschleger and Ms. Geraldine Brewer submitted for review. The time for filing the subsequent brief (if any) does not begin to run until the brief has been approved and filed. To open/view this brief, you must first login to CM/ECF and then open the document link in your Notice of Docket Activity. Only direct recipients on accounts can open this document. [5244945] [22-1796] (KCF) [Entered: 02/10/2023 03:00 PM]
|
|
BRIEF FILED - SUPPLEMENTAL LETTER BRIEF filed by Appellees Nestle Purina Petcare Company and Royal Canin U.S.A.. w/service 02/10/2023. Length: 3,970 words. [5244965] [22-1796] (BNW) [Entered: 02/10/2023 03:16 PM]
|
|
BRIEF FILED - SUPPLEMENTAL LETTER BRIEF filed by Appellants Ms. Geraldine Brewer and Anastasia Wullschleger w/service 02/10/2023. Length: 3,691 words. [5244967] [22-1796] (BNW) [Entered: 02/10/2023 03:18 PM]
|
|
CASE RE-SUBMITTED to Jane Kelly, Ralph R. Erickson and David R. Stras [22-1796] (BNW) [Entered: 02/10/2023 03:31 PM]
|
|
JUDGE ORDER: The parties are directed to file simultaneous letter briefs, limited to 4,000 words each, addressing the following questions: (1) Is there still federal question jurisdiction in this case? Please be sure to address whether jurisdiction depends on the face of the amended complaint, In re Wireless Tel. Fed. Cost Recovery Fees Litig., 396 F.3d 922, 92829 (8th Cir. 2005), or the facts that exist at the time of removal, Quinn v. Ocwen Fed. Bank FSB, 470 F.3d 1240, 1248 (8th Cir. 2006); McLain v. Andersen Corp., 567 F.3d 956 (8th Cir. 2009). (2) Is there supplemental jurisdiction in this case? Please be sure to discuss whether we can decide the issue ourselves without having the district court weigh in first. The letter briefs are due on February 10, 2023. Hrg Jan 2023 [5239507] [22-1796] (BNW) [Entered: 01/26/2023 11:43 AM]
|
|
ARGUED & SUBMITTED in St. Louis to Judges Jane Kelly, via video, Ralph R. Erickson, David R. Stras on 01/11/2023. Ms. Kelly Clare Frickleton for Appellants Anastasia Wullschleger and Ms. Geraldine Brewer. Mr. Joseph Sullivan Bushur for Appellee Royal Canin U.S.A. and Mr. Christopher M. Curran for Appellee Nestle Purina Petcare Company. Rebuttal by Ms. Kelly Clare Frickleton for Anastasia Wullschleger and Ms. Geraldine Brewer. RECORDED. # Click Here To Listen to Oral Argument [5234844] [22-1796] (JMM) [Entered: 01/11/2023 11:07 AM]
|
|
JUDGE ORDER:Appellees' motion to split oral argument time has been considered by the court and is granted.[ # 5230140-2 ] One counsel for each appellee may present oral argument. Hrg Jan 2023 [5232702] [22-1796] (MR) [Entered: 01/04/2023 01:17 PM]
|
|
MOTION to split argument time, filed by Mr. Joseph Sullivan Bushur for Appellee Royal Canin U.S.A., Mr. Christopher M. Curran for Appellee Nestle Purina Petcare Company, Mr. Jason M. Hans for Appellee Royal Canin U.S.A., Mr. Michael S. Hargens for Appellee Nestle Purina Petcare Company, Mr. Jerry Frank Hogue for Appellee Nestle Purina Petcare Company, Mr. Bryan A. Merryman for Appellee Nestle Purina Petcare Company and Mr. Stephen Raber for Appellee Royal Canin U.S.A. w/service 12/23/2022. [5230140] [22-1796] (JSB) [Entered: 12/23/2022 05:20 PM]
|
|
ARGUMENT RESPONSE/APPEARANCE FORM filed by Mr. Joseph Sullivan Bushur for Royal Canin U.S.A. for argument in January, at the U.S. Courthouse in St. Louis, Missouri. [5228255] [22-1796] (JSB) [Entered: 12/16/2022 03:50 PM]
|
|
ARGUMENT RESPONSE/APPEARANCE FORM filed by Mr. Christopher M. Curran for Nestle Purina Petcare Company for argument in January, at the U.S. Courthouse in St. Louis, Missouri. [5227885] [22-1796] (CMC) [Entered: 12/15/2022 05:13 PM]
|
|
ARGUMENT RESPONSE/APPEARANCE FORM filed by Ms. Kelly Clare Frickleton for Ms. Geraldine Brewer and Anastasia Wullschleger for argument in January, at the U.S. Courthouse in St. Louis, Missouri. [5226207] [22-1796] (KCF) [Entered: 12/12/2022 11:05 AM]
|
|
SET FOR ARGUMENT - CASE PLACED ON CALENDAR - for Argument in St. Louis on Wednesday, January 11, 2023. To be heard before Judges Jane Kelly, Ralph R. Erickson and David R. Stras in Division III. The courtroom deputy will be Jeanette McKee. All attorneys presenting oral argument must complete a Response Form. # Click Here to Complete the Oral Argument Response Form . # Click Here for the Complete Calendar PLEASE REVIEW THE ENTIRE CALENDAR CAREFULLY, PARTICULARLY THE COUNSEL NOTICE PAGE. If you are appointed counsel under the Criminal Justice Act and require airline transportation to oral argument, the court will issue a travel authorization the next business day. COVID protocols to follow at a later date. [5225867] [22-1796] (MR) [Entered: 12/09/2022 04:00 PM]
|
|
LETTER from Appellees Nestle Purina Petcare Company and Royal Canin U.S.A. regarding availability for oral argument. w/service 08/01/2022 [5182955] [22-1796] (CMC) [Entered: 08/01/2022 03:58 PM]
|
|
LETTER from Appellants Ms. Geraldine Brewer and Anastasia Wullschleger regarding availability for oral argument. w/service 07/28/2022 [5181769] [22-1796] (KCF) [Entered: 07/28/2022 10:45 AM]
|
|
APPEARANCE filed by Kelly C. Frickleton for Appellants Anastasia Wullschleger and Ms. Geraldine Brewer w/service 07/27/2022 [5181536] [22-1796] (KCF) [Entered: 07/27/2022 03:18 PM]
|
|
Please note that this case has been screened for oral argument. The exact date of your oral argument has not been determined at this time. You will be receiving a calendar approximately 4 weeks before the scheduled argument date. Please review the current and future argument dates immediately to determine if you have any conflicts. # Click Here to View Published Argument Calendars and Future Court Session Dates and Locations If you do have conflicts with any of the argument dates, please inform this court by sending a letter using the ECF docketing event 'Correspondence to Court', 'Letter filed' 'regarding availability for oral argument'. Your compliance with this policy will minimize the need for motions to continue or reschedule oral argument. The court also encourages you to notify the clerk if conflicts with these dates develop in the future. The clerk's office takes conflict dates into consideration in scheduling oral arguments but cannot guarantee that every request will be honored. [5180375] [22-1796] (JMM) [Entered: 07/25/2022 11:59 AM]
|
|
Paper copies Reply brief, [ # 5179591-2 ] filed by Ms. Geraldine Brewer and Anastasia Wullschleger. 10 paper copies received. [5180040] [22-1796] (BNW) [Entered: 07/22/2022 01:58 PM]
|
|
REPLY brief of Anastasia Wullschleger and Ms. Geraldine Brewer submitted for review. The time for filing the subsequent brief (if any) does not begin to run until the brief has been approved and filed. To open/view this brief, you must first login to CM/ECF and then open the document link in your Notice of Docket Activity. Only direct recipients on accounts can open this document. [5179335] [22-1796] (JPF) [Entered: 07/21/2022 08:44 AM]
|
|
BRIEF FILED - APPELLANTS REPLY BRIEF filed by Ms. Geraldine Brewer and Anastasia Wullschleger w/service 07/21/2022. Length: 5,088 words. 10 COPIES OF PAPER BRIEFS (WITHOUT THE APPELLATE PDF FOOTER) FROM Geraldine Brewer and Anastasia Wullschleger due 07/26/2022 WITH certificate of service for paper briefs. [5179591] [22-1796] (BNW) [Entered: 07/21/2022 01:41 PM]
|
|
Paper copies Appellees brief, [ # 5173534-2 ] filed by Nestle Purina Petcare Company and Royal Canin U.S.A. 10 paper copies received. [5175231] [22-1796] (BNW) [Entered: 07/07/2022 04:05 PM]
|
|
BRIEF FILED - APPELLEES BRIEF filed by Nestle Purina Petcare Company and Royal Canin U.S.A. w/service 07/01/2022. Length: 9,867 words. 10 COPIES OF PAPER BRIEFS (WITHOUT THE APPELLATE PDF FOOTER) FROM Nestle Purina Petcare Company and Royal Canin U.S.A. due 07/06/2022 WITH certificate of service for paper briefs. Reply brief of Geraldine Brewer and Anastasia Wullschleger due on 07/22/2022. [5173534] [22-1796] (BNW) [Entered: 07/01/2022 02:36 PM]
|
|
APPELLEE brief of Nestle Purina Petcare Company and Royal Canin U.S.A. submitted for review. The time for filing the subsequent brief (if any) does not begin to run until the brief has been approved and filed. To open/view this brief, you must first login to CM/ECF and then open the document link in your Notice of Docket Activity. Only direct recipients on accounts can open this document. [5173523] [22-1796] (CMC) [Entered: 07/01/2022 02:29 PM]
|
|
Brief deficiency notice sent to counsel, Mr. Christopher M. Curran for Appellee Nestle Purina Petcare Company and Appellee Royal Canin U.S.A. [5173485] [22-1796] (BNW) [Entered: 07/01/2022 01:27 PM]
|
|
APPELLEE brief of Nestle Purina Petcare Company and Royal Canin U.S.A. submitted for review. The time for filing the subsequent brief (if any) does not begin to run until the brief has been approved and filed. To open/view this brief, you must first login to CM/ECF and then open the document link in your Notice of Docket Activity. Only direct recipients on accounts can open this document. [5173254] [22-1796] (CMC) [Entered: 06/30/2022 05:14 PM]
|
|
Paper copies Appellants Brief, [ # 5162683-2 ] filed by Ms. Geraldine Brewer and Anastasia Wullschleger. 10 paper copies received w/Addendum attached. [5164249] [22-1796] (BNW) [Entered: 06/03/2022 12:21 PM]
|
|
RECORD FILED - JOINT APPENDIX, 1 volumes. Comments: 1 volume, 3 copies. [5164251] [22-1796] (BNW) [Entered: 06/03/2022 12:22 PM]
|
|
APPELLANT brief of Ms. Geraldine Brewer and Anastasia Wullschleger submitted for review. The time for filing the subsequent brief (if any) does not begin to run until the brief has been approved and filed. To open/view this brief, you must first login to CM/ECF and then open the document link in your Notice of Docket Activity. Only direct recipients on accounts can open this document. [5162519] [22-1796] (JPF) [Entered: 05/31/2022 09:30 AM]
|
|
Addendum of APPELLANT submitted for review by Ms. Geraldine Brewer and Anastasia Wullschleger. To open/view this addendum, you must first login to CM/ECF and then open the document link in your Notice of Docket Activity. [5162521] [22-1796] (JPF) [Entered: 05/31/2022 09:32 AM]
|
|
ADDENDUM of APPELLANTS FILED by Appellants Ms. Geraldine Brewer and Anastasia Wullschleger w/service 05/31/2022. [5162686] [22-1796] (BNW) [Entered: 05/31/2022 11:56 AM]
|
|
BRIEF FILED - APPELLANTS BRIEF filed by Ms. Geraldine Brewer and Anastasia Wullschleger w/service 05/31/2022. Length: 10,753 words. 10 COPIES OF PAPER BRIEFS (WITHOUT THE APPELLATE PDF FOOTER) FROM Geraldine Brewer and Anastasia Wullschleger due 06/06/2022 WITH certificate of service for paper briefs. Brief of Nestle Purina Petcare Company and Royal Canin U.S.A. due on 06/30/2022. [5162683] [22-1796] (BNW) [Entered: 05/31/2022 11:54 AM]
|
|
DESIGNATION of record filed by Appellee Nestle Purina Petcare Company. w/service 05/05/2022 [5154807] [22-1796] (CMC) [Entered: 05/05/2022 06:01 PM]
|
|
METHOD of appendix preparation and DESIGNATION of the Record filed by Appellants Ms. Geraldine Brewer and Anastasia Wullschleger - Joint Appendix - w/service 04/26/2022 [5150643] [22-1796] --[Edited 04/26/2022 by BNW to corret docket text] (JPF) [Entered: 04/26/2022 09:15 AM]
|
|
STATEMENT of issues filed by Appellants Anastasia Wullschleger and Ms. Geraldine Brewer - w/service 04/26/2022. [5150641] [22-1796] (JPF) [Entered: 04/26/2022 09:13 AM]
|
|
Certificate of transcript filed by Appellants Ms. Geraldine Brewer and Anastasia Wullschleger. No Transcript[5150645] [22-1796] (JPF) [Entered: 04/26/2022 09:17 AM]
|
|
CORPORATE disclosure statement filed by Appellee Royal Canin U.S.A.. - FOR CAL [5149874] [22-1796] (JB) [Entered: 04/22/2022 10:51 AM]
|
|
APPEARANCE filed by Joseph S. Bushur for Appellee Royal Canin U.S.A. w/service 04/22/2022 [5149829] [22-1796] (JB) [Entered: 04/22/2022 09:52 AM]
|
|
APPEARANCE filed by Jason M. Hans for Appellee Royal Canin U.S.A. w/service 04/21/2022 [5149500] [22-1796] (JMH) [Entered: 04/21/2022 10:32 AM]
|
|
APPEARANCE filed by Michael S. Hargens for Appellee Nestle Purina Petcare Company w/service 04/21/2022 [5149433] [22-1796] (MSH) [Entered: 04/21/2022 09:22 AM]
|
|
APPEARANCE filed by Bryan. A. Merryman for Appellee Nestle Purina Petcare Company w/service 04/20/2022 [5149259] [22-1796] (BAM) [Entered: 04/20/2022 03:16 PM]
|
|
APPEARANCE filed by Christopher M. Curran for Appellee Nestle Purina Petcare Company w/service 04/20/2022 [5149257] [22-1796] (CMC) [Entered: 04/20/2022 03:12 PM]
|
|
APPEARANCE filed by J. Frank Hogue for Appellee Nestle Purina Petcare Company w/service 04/20/2022 [5149266] [22-1796] (JFH) [Entered: 04/20/2022 03:19 PM]
|
|
APPEARANCE filed by Stephen D. Raber for Appellee Royal Canin U.S.A. w/service 04/20/2022 [5149299] [22-1796] (SR) [Entered: 04/20/2022 03:57 PM]
|
|
CORPORATE disclosure statement filed by Appellee Nestle Purina Petcare Company. - FOR CAL [5149268] [22-1796] (CMC) [Entered: 04/20/2022 03:22 PM]
|
|
Originating court document filed consisting of notice of appeal, Order 3/22/22, Judgment 3/22/22, docket entries, [5148272] [22-1796] (AEV) [Entered: 04/18/2022 02:22 PM]
|
|
BRIEFING SCHEDULE SET AS FOLLOWS: Appendix due on 05/31/2022. BRIEF OF APPELLANT Geraldine Brewer and Anastasia Wullschleger due 05/31/2022. Appellee brief is due 30 days from the date the court issues the Notice of Docket Activity filing the brief of appellant. [5148275] [22-1796] (AEV) [Entered: 04/18/2022 02:23 PM]
|
|
APPEARANCE filed by Dan Shulman for Appellants Ms. Geraldine Brewer and Anastasia Wullschleger w/service by USCA8-cm/ecf on 04/19/2022 [5148502] [22-1796] (DMW) [Entered: 04/19/2022 08:50 AM]
|
|
Civil case docketed. [5148266] [22-1796] (AEV) [Entered: 04/18/2022 02:19 PM]
|
Access additional case information on PACER
Access the Case Summary and Docket Report to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
