133329P.pdf   05/13/2014  Patricia Toben  v.  Bridgestone Retail Operations
   U.S. Court of Appeals Case No:  13-3329
   U.S. District Court for the Eastern District of Missouri - St. Louis   
   [PUBLISHED] [Benton, Author, with Riley, Chief Judge, and Kelly, Circuit 
   Judges] 
   Civil case - Missouri Merchandising Practices Act. In action alleging an 
   auto "shop supply fee" charge violated the Missouri Merchandising 
   Practices Act, the district court did not err in denying plaintiff's Rule 
   56(d) motion to stay briefing on defendant's summary judgment motion until 
   after merits discovery, as the class discovery the parties had completed 
   revealed relevant information about the shop supply fee and plaintiff 
   failed to show what additional evidence would prove her claim meritorious; 
   the district court may grant summary judgment before ruling on plaintiff's 
   motion for class certification; the undisputed evidence shows that the 
   shop supply fee covers costs for a variety of shop supplies and the fee is 
   not, therefore, an unfair or deceptive practice under the Act; plaintiff 
   failed to make a submissible case for money had and received, as the fee 
   charged was not unjust.