Willton NC NY, LLC v. MH I Investment LLC

Background

Willton NC NY, LLC filed its initial complaint on July 23, 2024, and its first amended complaint on August 20, 2024. MH I Investment LLC, Frank T. Sinito, and Malisse Sinito answered the first amended complaint. The case was later referred to Magistrate Judge Jennifer E. Willis for general pretrial matters. Judge Analisa Torres had allowed the plaintiff to seek another amendment by July 3, 2025. The plaintiff filed its motion on July 2, 2025, and the defendants informed the court that they did not oppose it.

The plaintiff said the proposed further amendment was based on facts learned in discovery, ongoing conduct that had created additional causes of action, and a desire to litigate related claims against related parties in one court. A footnote stated that the amendment would add Millennia Housing Management Ltd. to the case. The opinion also stated that the plaintiff had a related lawsuit in the Southern District of West Virginia.

Legal standard

Federal Rule of Civil Procedure 15(a)(2) generally directs courts to freely allow amendments when justice requires. Courts may deny amendment for reasons such as undue delay, bad faith, futility, or prejudice to the opposing party. The party opposing amendment bears the burden of showing bad faith, futility, or prejudice.

Court’s analysis and ruling

Judge Willis found no apparent evidence of delay because the plaintiff filed its motion before the deadline and explained the reasons for the proposed amendment. Because the defendants did not oppose the motion, there was also no showing of bad faith, futility, or prejudice. The court noted that unopposed motions to amend are typically granted.

The court GRANTED the plaintiff’s motion to further amend its complaint. It also respectfully requested that the Clerk of Court close Dkt. Nos. 64–65.