TUPPER v. WG CRANFORD SH, LLC, 2:24-cv-06660

Plaintiff Janice Tupper, a resident at Defendant's assisted living facility in New Jersey, became seriously ill in July 2023 and alleges that Defendant failed to administer her prescribed antibiotics, exacerbating her illness.
Prior to Tupper becoming ill, Defendant had filed for her eviction; Tupper contends she was not notified of the trial date, and a judgment was entered without her appearance.
While Tupper was hospitalized and quarantined, Defendant sought and obtained a post-trial warrant of removal, and her personal property was subsequently moved to storage and then discarded before the stated retrieval deadline.
Plaintiff claims wrongful disposal of irreplaceable and sensitive items (including cremated pet remains, important documents, and sentimental property), and alleges breach of duty, emotional distress, and risk of identity theft.
Defendant removed the action to federal court and filed a motion to dismiss; in response, Plaintiff cross-moved for leave to amend, seeking to add claims for breach of lease and violation of N.J.S.A. 2A:18-72-84 (deprivation of property).

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Plaintiff may amend complaint in response to motion to dismiss	Tupper argues Fed. R. Civ. P. 15 allows amendment by formal motion, not mere briefing.	Defendant claims amendments cannot be made simply to avoid dismissal.	Plaintiff can formally amend; amendment permitted.
Whether proposed amended complaint is futile	Amendment is not futile; new claims are legally sufficient.	Amendment is futile; new claims would still fail under Rule 12(b)(6).	Amended claims are not clearly futile; amendment allowed.
Whether Plaintiff unduly delayed or caused prejudice by seeking amendment	No undue delay, bad faith, or prejudice; case is early and no scheduling order entered.	No direct argument made on these grounds.	No undue delay or prejudice; amendment allowed.
Whether facts support new causes of action	Facts support breach of lease and improper disposal under NJ statute.	Factual basis for both claims is insufficient.	Sufficient factual basis; claims not frivolous.

Foman v. Davis, 371 U.S. 178 (liberal standard for amendment; leave should be freely given unless specific reasons justify denial)
Grayson v. Mayview State Hosp., 293 F.3d 103 (motion to amend denied only if amendment is futile or certain other criteria are met)
Globe Motor Co. v. Igdalev, 139 A.3d 57 (elements of a breach of contract claim under New Jersey law)