Alleruzzo v. SuperValu, Inc., No. 18-1648 (8th Cir. 2019)
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A group of customers filed suit against SuperValu after hackers accessed customer financial information from hundreds of grocery stores operated by defendant. The Eighth Circuit previously affirmed the dismissal of all but one of the suit's named plaintiffs for lack of standing and, on remand, the district court dismissed the remaining plaintiff for failure to state a claim and denied plaintiffs' motion for leave to amend.
The court affirmed, holding that the district court did not abuse its discretion by denying the motion for leave to amend because plaintiffs' postjudgment motion was untimely. The court also held that the remaining plaintiff's allegations fell short of stating a claim for relief under Illinois law for negligence, consumer protection, implied, contract, and unjust enrichment.
Court Description: Kelly, Author, with Loken and Colloton, Circuit Judges] Civil case - Data Breach. For the court's prior opinion affirming dismissal of all but one of the suit's named plaintiffs for lack of standing, see In re SuperValu,Inc., 870 F.3d 763 (8th Cir. 2017). In order for the dismissed plaintiffs to revive their claims, the original judgment affirmed by this court must be set aside under Rule 59 or 60 before amendment of their complaint can be permitted under Rule 15(a)(2); the district court did not abuse its discretion in denying plaintiffs' motion to amend as their postjudgment motion - whether construed as a Rule 59(e) motion or a Rule 60(c)(1) motion - was untimely; the remaining plaintiff's claims were properly dismissed under Rule 12(b)(6)for failure a state a claim under Illinois law for negligence, consumer protection, implied contract and unjust enrichment
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