Minerva Dairy, Inc. et al v. Brancel, Ben et al

Filing 57

Transmission of Notice of Appeal, Docketing Statement, Opinion and Order, Judgment and Docket Sheet to Seventh Circuit Court of Appeals re: 55 Notice of Appeal, (Attachments: # 1 Docketing Statement, # 2 Opinion and Order, # 3 Judgment, # 4 Docket Sheet) (lak)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN

MINERVA DAIRY, INC., and ADAM
MUELLER,

Civil Action No. 17-cv-299

Plaintiffs,

DOCKETING
STATEMENT

v.
SHEILA HARSDORF, in her official
capacity as the Secretary of the Wisconsin
Department of Agriculture, Trade and
Consumer Protection; BRAD SCHIMEL, in
his official capacity as the Attorney General
for the state of Wisconsin; and PETER J.
HAASE, in his official capacity as the
Bureau Director of the Division of Food and
Recreational Safety within the Wisconsin
Department of Agriculture, Trade and
Consumer Protection,
Defendants.

District Court’s Jurisdiction
This case is a constitutional challenge to Wisconsin’s butter grading mandate, which
prohibits butter from being sold in Wisconsin unless it has first been graded by either a Wisconsinlicensed butter grader or the USDA. Plaintiffs Minerva Dairy, Inc. and Adam Mueller challenge
the constitutionality of the grading requirement under the Commerce Clause (U.S. Const. art. I,
§ 8, cl.3) and the Fourteenth Amendment’s Due Process (U.S. Const. amend XIV, § 1) and Equal
Protection Clauses (U.S. Const. amend XIV, § 1). Jurisdiction over Plaintiffs’ claims for
declaratory and injunctive relief is proper in the district court under 28 U.S.C. §§ 1331 (federal
question), 1343 (civil rights), and 2201-2202 (the Declaratory Judgment Act).

1

Corporate Statement
Plaintiff Minerva Dairy, Inc., is a C Corporation incorporated under the laws of the State
of Ohio and which has its principal place of business in the State of Ohio.
Appellate Jurisdiction
The United States Court of Appeals for the Seventh Circuit has jurisdiction under 28 U.S.C.
§ 1291. Minerva Dairy and Adam Mueller appeal the order of the United States District Court for
the Western District of Wisconsin granting summary judgment in favor of Defendants and
dismissing the case with prejudice.
Timeliness of Appeal
The district court’s order granting summary judgment in favor of Defendants and
dismissing the case with prejudice was final on February 5, 2018. Plaintiffs timely appealed on
March 5, 2018.
Parties in an Official Capacity
Sheila Harsdorf 1 is sued in her official capacity as Secretary of the Wisconsin Department
of Agriculture, Trade and Consumer Protection. Brad Schimel is sued in his official capacity as
Attorney General for the State of Wisconsin. Peter Haase is sued in his official capacity as Bureau
Director of the Division of Food and Recreational Safety within the Wisconsin Department of
Agriculture, Trade and Consumer Protection.
DATED: March 5, 2018.
Respectfully submitted:
/s/Joshua P. Thompson____________
JOSHUA P. THOMPSON
1

Secretary Harsdorf succeeded Ben Brancel as Secretary of the Wisconsin Department of
Agriculture, Trade and Consumer Protection. She is automatically substituted as a party under
Fed. R. Civ. P. 25(d).
2

ANASTASIA P. BODEN
WENCONG FA
Attorneys for Plaintiffs
Pacific Legal Foundation
930 G Street
Sacramento, CA 95814
Telephone: [phone]
E-mail: [e-mail]
E-mail: [e-mail]
E-mail: [e-mail]

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