MOSCA et al v. YANKEE PUBLISHING INC

Filing 15

ORDER ADOPTING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE adopting Report and Recommended Decision re 14 Report and Recommendations. By JUDGE JON D. LEVY. (CLC)

UNITED STATES DISTRICT COURT
DISTRICT OF MAINE
WILLIAM AND SUSAN MOSCA,
Plaintiffs,
v.
YANKEE PUBLISHING, INC.,
Defendant.

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2:15-cv-000266-JDL

ORDER ADOPTING THE RECOMMENDED DECISION OF THE
MAGISTRATE JUDGE
The United States Magistrate Judge filed his Recommended Decision (ECF No.
14) with the court on November 25, 2015, pursuant to 28 U.S.C. § 636(b)(1)(B) and
Federal Rule of Civil Procedure 72(b). The time within which to file objections expired
December 15, 2015, and no objections have been filed. The Magistrate Judge notified
the parties that failure to object would waive their right to de novo review and appeal.
In their Opposition to Yankee Publishing’s Motion to Dismiss (ECF No. 12),
the plaintiffs requested leave to amend their Complaint, pursuant to Federal Rule of
Civil Procedure 15(a)(2), in order to allege with more particularity the existence of an
express, one-time agreement to publish a literary work titled “I Would Like to Own
and Operate an Old-Fashioned County Inn, Like the Center Lovell Inn.” ECF No. 12
at 8. The Magistrate Judge recommended that I grant this request. ECF No. 14 at
1.
It is therefore ORDERED that the Recommended Decision of the Magistrate
Judge (ECF No. 14) is hereby ADOPTED, and the plaintiffs’ request for leave to

amend their Complaint pursuant to Federal Rule of Civil Procedure 15(a)(2) is
GRANTED. The plaintiffs shall file an amended complaint within 10 days of this
order adopting the Magistrate Judge’s recommendation, or else their complaint will
be dismissed with prejudice.
SO ORDERED.
Dated: December 21, 2015

/s/ Jon D. Levy
U.S. DISTRICT JUDGE