Encarnacion v. Financial Corporation of America
Plaintiff: Omar Encarnacion
Defendant: Financial Corporation of America
Case Number: 2:2017cv00566
Filed: October 16, 2017
Court: US District Court for the Middle District of Florida
Office: Ft. Myers Office
County: XX US, Outside State
Presiding Judge: Sheri Polster Chappell
Presiding Judge: Carol Mirando
Nature of Suit: Consumer Credit
Cause of Action: 15 U.S.C. ยง 1692
Jury Demanded By: Plaintiff

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
February 26, 2019 Opinion or Order Filing 60 ORDER granting 52 FCOA's Motion for Summary Judgment. Encarnacion's Motion for Summary Judgment 53 is DENIED. The Clerk is DIRECTED to enter judgment for FCOA, terminate all remaining motions and deadlines, and close the file. Signed by Judge Sheri Polster Chappell on 2/26/2019. (LMF)
January 4, 2019 Opinion or Order Filing 56 ORDER granting in part and denying in part 51 Motion for Approval of the Parties' Class Notice and Plan for Dissemination of the Class Notice. See Order for details. Signed by Magistrate Judge Carol Mirando on 1/4/2019. (Attachments: # 1 Exhibit) (DRS)
December 14, 2018 Opinion or Order Filing 47 ORDER denying 46 Motion for Leave to Be Excused from ADR Requirement. The parties shall have up to and including December 17, 2018 to conduct mediation. All other deadlines and directives set forth in the 29 Case Management and Scheduling Order shall remain the same. Signed by Magistrate Judge Carol Mirando on 12/14/2018. (DRS)
November 29, 2018 Opinion or Order Filing 44 ORDER adopting 41 REPORT AND RECOMMENDATIONS re 31 MOTION to Certify Class filed by Omar Encarnacion. United States Magistrate Judge Carol Mirando's Report and Recommendation (Doc. 41 ) is ACCEPTED and ADOPTED and the fi ndings incorporated herein. Plaintiff's Motion for Class Certification (Doc. 31 ) is GRANTED. 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. Plaintiff Omar Encarnacion is DESIGNATED as the class representative and Yitzchak Zelman, Esq. of Marcus & Zelman, LLC is authorized to serve as class counsel. The undersigned REFERS the matter of setting any deadlines, if needed, because of class certification. Signed by Judge Sheri Polster Chappell on 11/29/2018. (LMF)
October 31, 2018 Opinion or Order Filing 40 ORDER denying 39 Motion to Stay. Signed by Magistrate Judge Carol Mirando on 10/31/2018. (DRS)
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Plaintiff: Omar Encarnacion
Represented By: Katie Marguerite Miller
Represented By: Yitzchak Zelman
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Defendant: Financial Corporation of America
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