Rice-McGarity v. Fifth Third Bank, National Association
| Lisa Rice-McGarity |
| Fifth Third Bank, National Association |
| 2:2025cv00797 |
| September 4, 2025 |
| U.S. District Court for the Middle District of Florida |
| Kyle C Dudek |
| Nicholas P Mizell |
| Civil Rights: Americans with Disabilities - Employment |
| 28 U.S.C. § 1331 Fed. Question |
| None |
Docket Report
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This docket was last retrieved on February 4, 2026. A more recent docket listing may be available from PACER.
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Filing 31
ENDORSED ORDER granting #29 defendant's construed amended motion to amend the ADA Fast-Track Scheduling Order by extending its deadline to respond to plaintiff's expert report by ten days. By February 12, 2026, defendant must respond to plaintiff's expert report. All other provisions of the Scheduling Order remain in effect. Signed by Magistrate Judge Nicholas P. Mizell on 2/4/2026. (TLP)
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Filing 30
ENDORSED ORDER denying as moot #28 defendant's construed motion to amend the scheduling order as it has filed an amended motion #29 seeking the same relief. Signed by Magistrate Judge Nicholas P. Mizell on 2/4/2026. (TLP)
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| Filing 29 Amended MOTION for Extension of Time to File Response/Reply as to #20 Case Management Scheduling Order by Fifth Third Bank, National Association. (Willats, Michael) Motions referred to Magistrate Judge Nicholas P. Mizell. |
| Filing 28 Unopposed MOTION for Extension of Time to File Response/Reply as to #20 Case Management Scheduling Order by Fifth Third Bank, National Association. (Willats, Michael) Motions referred to Magistrate Judge Nicholas P. Mizell. |
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Filing 27
TEXT ORDER: Plaintiff filed a notice of service of Rule 26(a)(2) expert disclosures. But discovery notices shall not be filed with the court as a matter of course. Fed. R. Civ. P. 5(d)(1)(A). As such, the notice is deemed stricken, and the CLERK is DIRECTED to delete the PDF file (Doc. 26) from the CM/ECF docket. Signed by Magistrate Judge Nicholas P. Mizell on 1/20/2026. (TLP)
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| Filing 26 ***STRICKEN AND DELETED PER ORDER #27***NOTICE by Lisa Rice-McGarity 26(a)(2) Disclosure (Schertzer, Andrew) Modified on 1/20/2026 (CTR). |
| Filing 25 RESPONSE re #22 Answer to court interrogatories by Fifth Third Bank, National Association. (Attachments: #1 Exhibit 1 to Defendant's Objections and Responses to Plaintiff's Answers to Court's Interrogatories, #2 Exhibit 2 to Defendant's Objections and Responses to Plaintiff's Answers to Court's Interrogatories, #3 Exhibit 3 to Defendant's Objections and Responses to Plaintiff's Answers to Court's Interrogatories)(Shankman, David) |
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Filing 24
ENDORSED ORDER granting #23 defendant's unopposed motion for extension of time to respond. By January 16, 2026, defendant must serve plaintiff its responses to plaintiff's verified answers to the court's interrogatories. Signed by Magistrate Judge Nicholas P. Mizell on 12/30/2025. (TLP)
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| Filing 23 Unopposed MOTION for Extension of Time to File Response/Reply as to #20 Case Management Scheduling Order, #22 Answer to court interrogatories by Fifth Third Bank, National Association. (Shankman, David) Motions referred to Magistrate Judge Nicholas P. Mizell. |
| Filing 22 ANSWER to court interrogatories by Lisa Rice-McGarity. (Attachments: #1 Exhibit, #2 Exhibit)(Schertzer, Andrew) |
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Filing 21
TEXT ORDER directing compliance: Plaintiff was directed to file her verified answers to the court's interrogatories by December 5, 2025 (Doc. #20 at 2), but she has failed to do so. Plaintiff promptly must file her answers to the court's interrogatories, or by December 22, 2025, show cause why she should not be sanctioned for noncompliance. Signed by Magistrate Judge Nicholas P. Mizell on 12/8/2025. (TLP)
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Filing 20
ADA SCHEDULING ORDER - FAST TRACK Signed by Magistrate Judge Nicholas P. Mizell on 11/5/2025. (WRW)
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| Filing 19 NOTICE canceling Rule 16(b) Conference scheduled for 11/6/2025 (WRW) |
| Filing 18 NOTICE of Compliance by Fifth Third Bank, National Association re 16 Notice to Counsel of Local Rule (Attachments: #1 Exhibit)(Shankman, David) Modified on 10/28/2025 to edit docket text (MSN). |
| Filing 17 CASE MANAGEMENT REPORT. (Schertzer, Andrew) |
| Filing 16 NOTICE TO COUNSEL David Shankman of Local Rule 2.01(a), which requires membership or special admission in the Middle District bar to practice in the Middle District, except for the limited exceptions identified in the Rule. To apply for membership in the Middle District, visit www.flmd.uscourts.gov/for-lawyers. The attorney listed shall file a notice of compliance within fourteen days. Failure to comply with this notice within fourteen days will result in counsel being terminated from the docket sheet without further notice. (Signed by Deputy Clerk). (MSN) |
| Filing 15 ANSWER and affirmative defenses to #7 Complaint by Fifth Third Bank, National Association.(Willats, Michael) |
| Filing 14 DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by Lisa Rice-McGarity. (Schertzer, Andrew) |
| Filing 13 NOTICE of a related action per Local Rule 1.07(c) by Lisa Rice-McGarity. Related case(s): No (Schertzer, Andrew) |
| Filing 12 NOTICE of Lead Counsel Designation by Andrew James Schertzer on behalf of Lisa Rice-McGarity. Lead Counsel: Andrew Schertzer. (Schertzer, Andrew) Modified text on 10/7/2025 (AA). |
| Filing 11 Case Reassigned to Judge Kyle C. Dudek. New case number: 2:25-cv-0797-KCD-NPM. Judge John L. Badalamenti no longer assigned to the case. (CTR) |
| Filing 10 NOTICE of hearing: Rule 16(b) Conference set for 11/6/2025 at 10:00 AM before Magistrate Judge Nicholas P. Mizell. A Case Management Report to be filed by 10/20/2025. DIAL: 1-650-479-3207, Access code: 2316 024 8769(WRW) |
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Filing 9
ENDORSED ORDER granting #8 defendant's unopposed motion for extension of time to respond. By October 10, 2025, defendant must respond to the complaint. Signed by Magistrate Judge Nicholas P. Mizell on 9/10/2025. (TLP)
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| Filing 8 Unopposed MOTION for Extension of Time to File Answer re #7 Complaint by Fifth Third Bank, National Association. (Shankman, David) Motions referred to Magistrate Judge Nicholas P. Mizell. |
| Filing 6 CIVIL Action Order Signed by All Divisional Judges on 9/8/2025. (WRW) |
| Filing 7 COMPLAINT against Fifth Third Bank, National Association filed by Lisa Rice-McGarity.(Filed in State Court on 7/15/2025)(LD) |
| Filing 5 COMPLAINT and NOTICE OF REMOVAL from In The County Court In and For Collier County, Florida, case number 11-2025-CC-001769-0001-01 filed in State Court on July 15, 2025. Filing fee $405, receipt number AFLMDC-23832709 filed by Fifth Third Bank, National Association. (Attachments: #1 State Court COMPLAINT, #2 State Court ANSWER Defendant's Motion for Extension of Time to Respond to Plaintiff's Complaint, #3 State Court Docket Sheet, #4 State Court Other Documents, #5 Civil Cover Sheet)(Shankman, David) |
| Filing 4 NOTICE TO COUNSEL Andrew Schertzer of Local Rule 2.01(a), which requires membership or special admission in the Middle District bar to practice in the Middle District, except for the limited exceptions identified in the Rule. To apply for membership in the Middle District, visit www.flmd.uscourts.gov/for-lawyers. (Signed by Deputy Clerk). (MLB) |
| Filing 3 NEW CASE ASSIGNED to Judge John L. Badalamenti and Magistrate Judge Nicholas P. Mizell. New case number: 2:25-cv-00797-JLB-NPM. (KME) |
| Filing 2 DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by Fifth Third Bank, National Association. (Shankman, David) |
| Filing 1 (COUNSEL WILL REFILE USING CORRECTED EVENT FOR NOTICE OF REMOVAL). NOTICE by Fifth Third Bank, National Association (Attachments: #1 State Court COMPLAINT, #2 State Court ANSWER Defendant's Motion for Extension of Time to Respond to Complaint, #3 State Court Docket Sheet, #4 State Court Other Documents, #5 Civil Cover Sheet)(Shankman, David) Modified on 9/5/2025 to edit the docket text (MLB). |
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| Plaintiff: Lisa Rice-McGarity | |
| Represented By: | Andrew James Schertzer |
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| Defendant: Fifth Third Bank, National Association | |
| Represented By: | David S. Shankman |
| Represented By: | Michael Ryan Willats |
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