Nicholas Mizell

Magistrate Judge

Original Appointment Date:

July 08, 2019

Division:

Fort Myers

Chambers:

5-181

Chambers Phone:

(239) 461-2170

Courtroom:

Judge Initials:

NPM

Chambers Email: chambers_flmd_mizell@flmd.uscourts.gov

Courtroom Deputy	Law Clerks
Wendy Winkel (239) 461-2053 Ms. Winkel works on criminal cases and scheduling.	Richard Dow ^{Mr. Dow works on cases ending in even numbers.} Tiffany Peyroux ^{Ms. Peyroux works on cases ending in odd numbers.} Holly Paar Ms. Paar works on civil cases ending in even numbers.

Courtroom Deputy

Law Clerks

Wendy Winkel
(239) 461-2053
Ms. Winkel works on criminal cases and scheduling.

Richard Dow
^{Mr. Dow works on cases ending in even numbers.}

Tiffany Peyroux
^{Ms. Peyroux works on cases ending in odd numbers.}

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Biography

Federal Judicial Service
Appointed on July 8, 2019 by the District Judges of the Middle District of Florida to serve as a United States Magistrate Judge in the Fort Myers Division

Education
University of Kansas, J.D. 1999 (Order of the Coif and Law Review)
University of Kansas, B.A. 1996

Professional Career
Cheffy Passidomo, Naples, Florida 2010–2019
Shook, Hardy & Bacon, Kansas City, Missouri 2000–2010

Court Calendar

Forms

Consent to Magistrate Judge

Civil Case Management

Fast-Track Case Forms

Witness and Exhibit Lists

Exhibit Tags

Juror Questionnaires

Preferences

Local Rule 3.02(a) Exceptions
Cases brought under Title II or III of the Americans With Disabilities Act (ADA) are excepted from the requirements in Local Rule 3.02(a). An ADA Fast-Track Scheduling Order will be issued by the Court pursuant to Local Rule 3.02(d)(1) immediately after any defendant appears in an action originating in this court, or after the docketing of a removed or transferred action.

Cases brought under the Fair Labor Standards Act (FLSA) are excepted from the requirements in Local Rule 3.02(a). A FLSA Fast-Track Scheduling Order will be issued by the Court pursuant to Local Rule 3.02(d)(1) immediately after any defendant appears in an action originating in this court, or after the docketing of a removed or transferred action.

Cases brought under the Telephone Consumer Protection Act (as amended by the Junk Fax Prevention Act) (TCPA), the Fair Debt Collection Practices Act (FDCPA), the Real Estate Settlement Procedures Act (RESPA) the Florida Consumer Collection Practices Act (FCCPA), and/or other state law consumer protection statutes, are excepted from the requirements in Local Rule 3.02(a). A Solicitation or Debt Collection Fast-Track Scheduling Order will be issued by the Court pursuant to Local Rule 3.02(d)(1) immediately after any defendant appears in an action originating in this court, or after the docketing of a removed or transferred action.

Cases brought under the Fair Credit Report Act (FCRA) and/or other related state law consumer protection statutes are excepted from the requirements in Local Rule 3.02(a). A FCRA Fast-Track Scheduling Order will be issued by the Court pursuant to Local Rule 3.02(d)(1) immediately after any defendant appears in an action originating in this court, or after the docketing of a removed or transferred action.

Standard Forms Available
Standard forms for a Notice of a Related Action and Disclosure Statement are available under each judge’s Form Tab.

For patent cases requiring claim construction, a Patent Case Management Report is available under each judge’s Forms Tab.

Additional Parameters
For all other cases not falling within an exception to Local Rule 3.02(a), the Court prefers, and sometimes requires as indicated below, the following scheduling parameters:

Action or Event	Preference/Requirement
Deadline for providing mandatory initial disclosures. See Fed. R. Civ. P. 26(a)(1).	14 days after the parties’ Rule 26(f) conference or for parties joined or served later, 30 days after being served or joined
Deadline for moving to join a party, see Fed. R. Civ. P. 14, 19 or 20, or to amend the pleadings, see Fed. R. Civ. P. 15(a).	1 to 2 months after Federal Rule 26(f) conference
Deadline for disclosing plaintiff’s expert report. See Fed. R. Civ. P. 26(a)(2).	3 months before the discovery deadline
Deadline for disclosing defendant’s expert report. See Fed. R. Civ. P. 26(a)(2).	2 months before the discovery deadline
Deadline for disclosing any rebuttal expert report. See Fed. R. Civ. P. 26(a)(2).	1 month before the discovery deadline
Deadline for completing discovery and filing any motion to compel discovery. See Fed. R. Civ. P. 37; Middle District Discovery (2021).	5 to 6 months before the meeting to prepare the joint final pretrial statement
Deadline for moving for class certification, if applicable. See Fed. R. Civ. P. 23.	3 to 4 months before the discovery deadline
Deadline for filing any dispositive and Daubert motion. See Fed. R. Civ. P. 56.	The Court REQUIRES at least 4 months before the final pretrial meeting
Deadline for participating in mediation. See Local Rules, ch. 4.	After the discovery deadline but before dispositive motions
Date of the final pretrial meeting. See Local Rule 3.06(a).	4 weeks before the Final Pretrial Conference
Motions in limine	At least 16 days before the Final Pretrial Conference
Deadline for filing the proposed jury instructions, verdict form, and joint final pretrial statement. See Local Rule 3.06(b).	At least 14 days before the Final Pretrial Conference
Date of the final pretrial conference. See Fed. R. Civ. P. 16(e); Local Rule 3.06(b).	The date that corresponds with the trial term as set forth in the district judge’s trial calendar (posted on the website) or, for a trial date certain, one week prior to trial
Month of the trial term or, if all parties consent to a magistrate judge, the month and day of the first day of trial.	20 to 22 months after the action is originally filed, or removed, or transferred

United States District Court

Middle District of Florida

Marcia Morales Howard, Chief United States District Judge • Elizabeth Warren, Clerk of Court

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Nicholas Mizell

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