Donovan Middleton, et al. v. Complete Nutrition Franchising, LLC, et al.

The Eighth Circuit affirmed the District Court's judgment granting Defendants' Motion to Dismiss and, thereafter, denied Petitioners' Motion to Alter or Amend Judgment and For Leave to File a Second Amended Complaint. The Eighth Circuit applied a stringent Rule 59(e) standard when addressing Petitioners' post judgment Motion to Amend after a dismissal with prejudice under Rule 12(b)(6). The Eighth Circuit's standard directly conflicts with the standards applied in other Circuits and with this Court's precedent. Question presented:

1. Should this Court clarify the standard of review in a Rule 59(e) post judgment motion to amend following a dismissal with prejudice under Rule 12(b)(6) to address the lack of uniformity among its Circuits?

2. Should this Court clarify the judicial discretion standard for Rule 59(e) post judgment motions to amend following a dismissal with prejudice under Rule 12(b)(6) to emphasize the judicial policy favoring decisions on the merits as reflected in this Court's precedents and in the spirit of the Federal Rules of Civil Procedure rather than setting procedural traps for litigants which deprive them of their ability to seek remedies for wrongful conduct?