181648P.pdf   05/31/2019  Melissa Alleruzzo  v.  SuperValu, Inc.
   U.S. Court of Appeals Case No:  18-1648
   U.S. District Court for the District of Minnesota - Minneapolis   
   [PUBLISHED] [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