1:25-cv-00137•Phillips-Nania v. Appalachian Mountain Club et al
Gesamter Gesetzestext
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW HAMPSHIRE ERIK PHILLIPS-NANIA v. Case No. 25-cv-137-JL-TSM APPALACHIAN MOUNTAIN CLUB d/b/a AMC HIGHLAND CENTER AT CRAWFORD NOTCH REPORT AND RECOMMENDATION ON PLAINTIFF’S RENEWED MOTION FOR LEAVE TO AMEND This matter is before the court on Plaintiff’s renewed motion for leave to file a Third Amended Complaint (Doc. No. 40), which is unopposed. For the reasons that follow, this court recommends that the district judge grant Plaintiff’s motion. BACKGROUND On March 11, 2025, self-represented Plaintiff, Erik Phillips-Nania, filed this action in Merrimack County Superior Court against the Appalachian Mountain Club d/b/a AMC Highland Center at Crawford Notch (“AMC”) and the New Hampshire Commission for Human Rights (“NHCHR”). Doc. No. 3 at pgs. 194-98. Shortly thereafter, Phillips-Nania filed an Amended Complaint against AMC and NHCHR. Doc. No. 3-1 at pgs. 164-85. AMC subsequently removed the matter to this court on the basis of federal question and supplemental jurisdiction. Doc. No. 1. On February 11, 2026, the court remanded Mr. Phillips-Nania’s claims against NHCHR to the state Superior Court. See Doc. No. 36 at pg. 29; Doc. No. 38. It also denied Plaintiff’s then- pending motion for leave to amend his complaint without prejudice to his ability to renew the motion to address only his claims against AMC. See Doc. No. 36 at pgs. 28-29; Doc. No. 38. In his present motion, Mr. Phillips-Nania renews his request for leave to file an amended complaint, Case 1:25-cv-00137-JL-TSM Document 44 Filed 04/13/26 Page 1 of 3
2 pursuant to Rule 15(a) of the Federal Rules of Civil Procedure, to remove his claims and allegations against NHCHR, present a short and plain statement of facts supporting his claims against AMC, and eliminate legal conclusions from his factual allegations. Doc. No. 40 at pgs. 1- 2. AMC filed no opposition. DISCUSSION “Federal Rule of Civil Procedure 15(a) instructs that leave to amend be ‘freely give[n] when justice so requires.’” Universal Trading & Inv. Co., Inc. v. Bureau for Representing Ukrainian Interests in Int’l & Foreign Cts., 87 F.4th 62, 80 (1st Cir. 2023) (alteration in original) (quoting Fed. R. Civ. P. 15(a)(2)). However, “this does not mean . . . that a trial court must mindlessly grant every request for leave to amend.” Id. (punctuation in original) (quoting Nikitine v. Wilmington Tr. Co., 715 F.3d 388, 390 (1st Cir. 2013)). “[A] district court may deny leave to amend when the request is characterized by undue delay, bad faith, futility, [or] the absence of due diligence on the movant’s part.’” Id. (second alteration in original) (quoting Nikitine, 715 F.3d at 390). “In sum, a request to amend requires the district court to ‘examine the totality of the circumstances and to exercise its informed discretion in constructing a balance of pertinent considerations.’” Mulder v. Kohl’s Dep’t Stores, Inc., 865 F.3d 17, 20-21 (1st Cir. 2017) (quoting Palmer v. Champion Mortg., 465 F.3d 24, 30-31 (1st Cir. 2006)). The circumstances presented here support a ruling in Plaintiff’s favor. Pursuant to the Scheduling Order governing this case, Mr. Phillips-Nania has until May 1, 2026 to amend his pleadings. See Doc. No. 42 at pg. 2; End. Ord. dated 04/09/2026. Therefore, his motion is timely and will not cause undue delay. Additionally, if granted, Plaintiff’s proposed amendment will eliminate unnecessary allegations against NHCHR, reduce the operative complaint from approximately 22 pages to approximately 12 pages, clarify the factual allegations supporting his Case 1:25-cv-00137-JL-TSM Document 44 Filed 04/13/26 Page 2 of 3
3 claims against AMC, and distinguish the relevant facts from Plaintiff’s legal assertions. Compare Doc. No. 3-1 at pgs. 164-85 (operative complaint) with Doc. No. 40-1 (proposed Third Amended Complaint). Finally, AMC does not challenge the proposed amendment on the grounds of bad faith or futility. Accordingly, this court recommends that Plaintiff’s motion be granted. CONCLUSION For all the reasons described herein, this court recommends that the district judge grant Plaintiff’s Renewed Motion for Leave to Amend Complaint (Doc. No. 40). Any objections to this Report and Recommendation must be filed within fourteen (14) days of receipt of this notice. The fourteen-day period may be extended upon motion. Failure to file any objection within the specified time waives the right to appeal the district court’s Order. See Santos-Santos v. Torres- Centeno, 842 F.3d 163, 168 (1st Cir. 2016). Only those issues raised in the objection(s) to this Report and Recommendation “are subject to review in the district court” and any issues “not preserved by such objection are precluded on appeal.” Sch. Union No. 37 v. United Nat’l Ins. Co., 617 F.3d 554, 564 (1st Cir. 2010) (quoting Keating v. Sec’y of Health & Hum. Servs., 848 F.2d 271, 275 (1st Cir. 1988)). ______________________________ Talesha L. Saint-Marc United States Magistrate Judge April 13, 2026 cc: Erik Phillips-Nania, pro se Counsel of record Case 1:25-cv-00137-JL-TSM Document 44 Filed 04/13/26 Page 3 of 3
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