HERNANDEZ v. GUGLIELMO

No. 2:09-cv-0830-LDG-GWF.

977 F.Supp.2d 1054 (2013)

Carlos HERNANDEZ and Ryan A. Evans, Plaintiffs, v. Paul D. GUGLIELMO, dba Guglielmo & Associates, Defendant.

United States District Court, D. Nevada.

September 26, 2013.


Attorney(s) appearing for the Case

Craig M. Shapiro , O. Randolph Bragg , Horwitz, Horwitz & Associates, Chicago, IL, Mitchell D. Gliner , Mitchell D. Gliner , Law Office, Las Vegas, NV, for Plaintiffs.

Tomio B. Narita , Simmonds & Narita LLP, San Francisco, CA, Joseph P. Garin , Shannon D. Nordstrom , Lipson, Neilson, Cole, Seltzer & Garin, P.C., Las Vegas, NV, for Defendant.


ORDER

LLOYD D. GEORGE, District Judge.

Defendant Guglielmo has filed a motion for partial summary judgment that as a matter of law plaintiffs and the purported class are not entitled to statutory damages pursuant to § 1692k(b)(2) of the Fair Debt Collection Practices Act ("FDCPA") (# 83, opposition #86, reply #89). Title 15 United States Code section 1692k(a)(2)(B) provides that in a class action, the representative plaintiff of the class may be awarded...

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