Encarnacion v. Financial Corporation of America, 2:17-cv-566-FtM-38CM. (2018)
Court: District Court, M.D. Florida
Number: infdco20181130a56
Visitors: 10
Filed: Nov. 29, 2018
Latest Update: Nov. 29, 2018
Summary: OPINION AND ORDER 1 SHERI POLSTER CHAPPELL , Magistrate Judge . Before the Court is United States Magistrate Judge Carol Mirando's Report and Recommendation. (Doc. 41). Judge Mirando recommends granting Plaintiff Omar Encarnacion's Motion for Class Certification Pursuant to FRCP 23. No party objects to the Report and Recommendation, and the time to do so has expired. A district judge "may accept, reject, or modify in whole or in part, the findings or recommendations made by the magistrat
Summary: OPINION AND ORDER 1 SHERI POLSTER CHAPPELL , Magistrate Judge . Before the Court is United States Magistrate Judge Carol Mirando's Report and Recommendation. (Doc. 41). Judge Mirando recommends granting Plaintiff Omar Encarnacion's Motion for Class Certification Pursuant to FRCP 23. No party objects to the Report and Recommendation, and the time to do so has expired. A district judge "may accept, reject, or modify in whole or in part, the findings or recommendations made by the magistrate..
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OPINION AND ORDER1
SHERI POLSTER CHAPPELL, Magistrate Judge.
Before the Court is United States Magistrate Judge Carol Mirando's Report and Recommendation. (Doc. 41). Judge Mirando recommends granting Plaintiff Omar Encarnacion's Motion for Class Certification Pursuant to FRCP 23. No party objects to the Report and Recommendation, and the time to do so has expired.
A district judge "may accept, reject, or modify in whole or in part, the findings or recommendations made by the magistrate judge." 28 U.S.C. § 636(b)(1). The district judge "shall make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made." Id. And "[t]he judge may also receive further evidence or recommit the matter to the magistrate judge with instructions." Id.
After examining the file independently, and upon considering Judge Mirando's findings and recommendations, the Court accepts and adopts the Report and Recommendation.
Accordingly, it is now ORDERED:
1. United States Magistrate Judge Carol Mirando's Report and Recommendation (Doc. 41) is ACCEPTED and ADOPTED and the findings incorporated herein.
2. Plaintiff's Motion for Class Certification (Doc. 31) is GRANTED.
a. The following class is CERTIFIED: All consumers in the State of Florida who were sent a L2N Collection Letter from Defendant Financial Corporation of America from October 16, 2016 to the present that attempted to collect an obligation owed to or allegedly owed to Lehigh Regional Medical Center.
b. Plaintiff Omar Encarnacion is DESIGNATED as the class representative and Yitzchak Zelman, Esq. of Marcus & Zelman, LLC is authorized to serve as class counsel.
3. The undersigned REFERS the matter of setting any deadlines, if needed, because of class certification.
DONE and ORDERED.
FootNotes
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Source: Leagle
