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Lewis v. Fla. Default Law Group, P.L.

United States District Court for the Middle District of Florida, Tampa Division

September 15, 2011, Decided; September 16, 2011, Filed

Case No. 8:10-cv-1182-T-27EAJ



BEFORE THE COURT is Defendant's Motion for Summary Judgment (Dkt. 12). Upon consideration, the motion is GRANTED.


This case involves a claim for employment discrimination under the Americans with Disabilities Act, 42 U.S.C. § 1201, et seq. ("ADA"). 1 Plaintiff, Priscilla Lewis ("Lewis"), claims that Defendant, Florida Default Law Group, P.L. ("Florida Default"), discriminated against her based on an actual or perceived disability (i.e., H1N1/Swine Flu). 2 Specifically, Lewis alleges that Florida Default terminated her because (i) she had the H1N1 virus and/or (ii) Florida Default perceived she had the H1N1 virus. See  [*2] Complaint (Dkt. 2), ¶ 28. Florida Default argues that Lewis was neither disabled nor regarded as disabled under the ADA and that her termination was based on a legitimate nondiscriminatory reason.

The undisputed evidence reveals that Lewis was never diagnosed has having the H1N1 virus or that she otherwise suffered an actual disability within the meaning of the ADA. In addition, Lewis is unable to establish that she had a perceived disability under the "regarded as" prong of the ADA definition because the undisputed evidence reveals that her impairment was both transitory and minor. As Lewis cannot demonstrate that she has a "disability" as defined by the ADA, Florida Default is entitled to summary judgment.


Lewis was employed by Florida Default from January 5, 2009, until her termination on November  [*3] 4, 2009. Lewis was originally hired as a Foreclosure Supervisor in the Foreclosure Operations Department of Florida Default. Affidavit of Priscilla Lewis (Dkt. 28-19) ("Pl. Aff."), ¶ 2. On or about March 30, 2009, Lewis agreed to accept a lower-level position of Foreclosure Specialist. Pl. Aff., ¶ 2. 3

In her role as Foreclosure Specialist, Lewis was assigned the task of preparing default packages. Deposition of Heather Newman (Dkt. 15) ("Newman Dep."), p. 27. Florida Default required that Lewis submit her completed default packages to a quality control analyst who reviewed the packages for errors. Id. Lewis never had three days of error free packages as required to exit quality control supervision. Newman Dep., p. 28, 53-54; Deposition of Mary Dixon (Dkt. 19) ("Dixon Dep."), pp. 21-24; see Declaration of Mary Dixon (Dkt. 19) ("Dixon  [*4] Dec."), ¶ 3.

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2011 U.S. Dist. LEXIS 105238 *; 25 Am. Disabilities Cas. (BNA) 204; 2011 WL 4527456



impairment, disability, virus, Default, transitory, terminated, flu, symptoms, diagnosed, Deposition, undisputed, duration, infected, genuine, prong