Virgin v. Coloplast Corp.
Plaintiff: Donna Virgin
Defendant: Coloplast Corp.
Case Number: 6:2021cv00469
Filed: March 12, 2021
Court: US District Court for the Middle District of Florida
Presiding Judge: Wendy W Berger
Referring Judge: Leslie R Hoffman
2 Judge: Leslie Hoffman Price
Nature of Suit: Personal Inj. Prod. Liability
Cause of Action: 28 U.S.C. § 1332 Diversity-Product Liability
Jury Demanded By: Both
Docket Report

This docket was last retrieved on November 14, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 14, 2022 Opinion or Order Filing 50 ORDER Dismissing Case re #49 Joint Notice of Settlement. All pending motions are DENIED as moot. The Clerk is directed to close this file. Signed by Judge Wendy W. Berger on 11/14/2022. (RMF)
November 8, 2022 Filing 49 Joint NOTICE of Settlement by Donna Virgin (Wright, Rachel) Modified on 11/8/2022 to edit docket text (KNC).
October 18, 2022 Filing 48 RESPONSE in Opposition re #40 MOTION for Miscellaneous Relief, specifically Exclude the Opinions and Testimony of Peggy Pence, PH.D. filed by Donna Virgin. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Wright, Rachel)
October 18, 2022 Filing 47 RESPONSE in Opposition re #42 MOTION for Miscellaneous Relief, specifically Exclude the Opinions and Testimony of Plaintiff's General Causation Expert Jimmy Mays PH.D. filed by Donna Virgin. (Attachments: #1 Exhibit A, #2 Exhibit A-1, #3 Exhibit A-2, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D)(Wright, Rachel)
October 18, 2022 Filing 46 RESPONSE in Opposition re #41 MOTION for Miscellaneous Relief, specifically Exclude the Opinions and Testimony of Plaintiff's General Causation Expert Neeraj Kohli, M.D. filed by Donna Virgin. (Attachments: #1 Exhibit A, #2 Exhibit B)(Wright, Rachel)
October 18, 2022 Opinion or Order Filing 45 ORDER: it is hereby ORDERED and ADJUDGED that the parties' Joint Motion to Extend Filing Dates and Modify Briefing Deadlines for Dispositive Motion and Select Daubert Motions #38 is GRANTED. It is further ORDERED that the Case Management and Scheduling Order #21 is AMENDED. Signed by Judge Wendy W. Berger on 10/18/2022. (RMF)
October 18, 2022 reset scheduling order deadlines: Dispositive motions due by 10/21/2022. (RMF)
October 14, 2022 Filing 44 MOTION for Summary Judgment and Memorandum of Law in Support by Coloplast Corp. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Walz, David) Modified on 10/17/2022 to edit docket text (KNC).
October 14, 2022 Filing 43 MOTION for Miscellaneous Relief, specifically To Exclude the Opinions and Testimony of Bruce Rosenzweig, M.D. by Coloplast Corp. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23)(Walz, David) Modified on 10/17/2022 to edit docket text (KNC).
October 4, 2022 Filing 42 MOTION for Miscellaneous Relief, specifically Exclude the Opinions and Testimony of Plaintiff's General Causation Expert Jimmy Mays PH.D. by Coloplast Corp. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28)(Walz, David) Modified on 10/5/2022 to edit docket text (KNC).
October 4, 2022 Filing 41 MOTION for Miscellaneous Relief, specifically Exclude the Opinions and Testimony of Plaintiff's General Causation Expert Neeraj Kohli, M.D. by Coloplast Corp. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20)(Walz, David) Modified on 10/5/2022 to edit docket text (KNC).
October 4, 2022 Filing 40 MOTION for Miscellaneous Relief, specifically Exclude the Opinions and Testimony of Peggy Pence, PH.D. by Coloplast Corp. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(Walz, David) Modified on 10/5/2022 to edit docket text (KNC).
October 3, 2022 Opinion or Order Filing 39 ORDER granting #37 Motion to Appear Pro Hac Vice. Signed by Magistrate Judge Leslie Hoffman Price on 10/3/2022. (MKH)
September 30, 2022 Filing 38 Joint MOTION for Miscellaneous Relief, specifically to Extend Filing Dates and Modify Briefing Deadlines for Dispositive Motion and Select Daubert Motions by Coloplast Corp. (Walz, David) Modified on 10/3/2022 to edit docket text (KNC).
September 29, 2022 Filing 37 Unopposed MOTION for Rebecca L. Neumann to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-20043406 for $150 by Donna Virgin. (Johnson, Joseph) Motions referred to Magistrate Judge Leslie Hoffman Price.
September 27, 2022 Opinion or Order Filing 36 ORDER granting #35 Motion to Appear Pro Hac Vice. Signed by Magistrate Judge Leslie Hoffman Price on 9/27/2022. (MKH)
September 23, 2022 Filing 35 Unopposed MOTION for Zachary C. Burnett to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-20029534 for $150 by Coloplast Corp. (Attachments: #1 Exhibit)(Walz, David) Motions referred to Magistrate Judge Leslie Hoffman Price. Modified on 9/23/2022 to edit docket text (KNC).
September 21, 2022 Opinion or Order Filing 34 ORDER granting #33 Defendant Coloplast Corp.'s Short-Form Discovery Motion to Quash Plaintiff's Cross-Notice of Videotaped Deposition of Rule 30(b)(6) Representative of Coloplast Corp. and Coloplast Manufacturing US, LLC. Signed by Magistrate Judge Leslie Hoffman Price on 9/21/2022. (MKH)
September 15, 2022 Filing 33 MOTION to Quash Plaintiff's Cross-Notice of Videotaped Deposition of Rule 30(B)(6) Representative of Coloplast Corp. and Coloplast Manufacturing US, LLC by Coloplast Corp. (Attachments: #1 Exhibit 1)(Walz, David) Motions referred to Magistrate Judge Leslie Hoffman Price. Modified on 9/16/2022 to edit docket text (KNC).
August 31, 2022 Filing 32 MEDIATION report Hearing held on 8/30/22. Hearing outcome: Impasse. (Caparello, Dominic) Modified on 8/31/2022 to edit docket text (KNC).
July 6, 2022 Opinion or Order Filing 31 ORDER for Leila M. Morgan to comply with the administrative procedures regarding electronic filing on or before 7/20/2022. Signed by Judge Wendy W. Berger on 7/6/2022. (RMF)
June 9, 2022 Opinion or Order Filing 30 ORDER granting #29 Unopposed Motion for Special Admission. Signed by Magistrate Judge Leslie Hoffman Price on 6/9/2022. (BAB)
June 8, 2022 Filing 29 Unopposed MOTION for Leila M. Morgan to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-19656464 for $150 by Coloplast Corp.. (Walz, David) Motions referred to Magistrate Judge Leslie Hoffman Price.
June 8, 2022 Filing 28 NOTICE of Appearance by Austin Evans on behalf of Coloplast Corp. (Evans, Austin)
May 20, 2022 Reset scheduling order deadlines: Defendant disclosure of expert report due by 8/29/2022 Plaintiff disclosure of expert report due by 7/25/2022 (KNC)
May 20, 2022 Opinion or Order Filing 27 ORDER granting #25 Plaintiff's Unopposed Motion to Extend Case Deadlines. The deadline for Plaintiff's disclosure of expert reports is extended up to and including July 25, 2022, and the deadline for Defendant's disclosure of expert reports is extended up to and including August 29, 2022. Signed by Magistrate Judge Leslie Hoffman Price on 5/20/2022. (MKH)
May 20, 2022 Filing 26 NOTICE to counsel Ben C. Martin Local Rule 2.01(c), Special Admission of Non-Resident Lawyer - File a Motion to Appear Pro Hac Vice. Co-counsel with filing rights may electronically file the motion on behalf of the non-resident lawyer or the motion may be filed on paper; Pay the Special Admission Fee; Submit a Pro Hac Vice E-File Registration through PACER. Visit www.flmd.uscourts.gov/for-lawyers for details (Signed by Deputy Clerk). (KNC)
May 19, 2022 Filing 25 MOTION to Extend Case Deadlines by Donna Virgin. (Martin, Ben) Motions referred to Magistrate Judge Leslie Hoffman Price. Modified on 5/20/2022 (KNC).
May 19, 2022 Filing 24 NOTICE of Appearance by Ben C. Martin on behalf of Donna Virgin (Martin, Ben)
June 17, 2021 Filing 23 CASE REFERRED to Mediation. (SPM)
June 17, 2021 Opinion or Order Filing 22 STANDING ORDER on Discovery Motions. Signed by Magistrate Judge Leslie R. Hoffman on 3/3/2021. (MKH)
June 17, 2021 Opinion or Order Filing 21 CASE MANAGEMENT AND SCHEDULING ORDER: Amended Pleadings due by 11/18/2021 Joinder of Parties due by 11/18/2021 Discovery due by 9/2/2022 Dispositive motions due by 10/4/2022 Pretrial statement due by 2/6/2023 All other motions due by 1/6/2023 Plaintiff disclosure of expert report due by 5/26/2022 Defendant disclosure of expert report due by 6/30/2022 Trial Status Conference set for 2/14/2023 at 10:00 AM in Orlando Courtroom 3 B before Judge Wendy W. Berger Jury Trial set for trial term commencing 3/6/2023 at 09:00 AM in Orlando Courtroom 3 B before Judge Wendy W. Berger. Conduct mediation hearing by 9/16/2022. Lead counsel to coordinate dates. Signed by Judge Wendy W. Berger on 6/17/2021. (RMF)ctp
June 9, 2021 Filing 20 CASE MANAGEMENT REPORT. (Walz, David)
May 5, 2021 Filing 19 SUPPLEMENT re #13 Order on Motion to Appear Pro Hac Vice of Rachel Wright by Donna Virgin. (Johnson, Joseph)
May 5, 2021 Filing 18 SUPPLEMENT re #13 Order on Motion to Appear Pro Hac Vice of Laura Baughman by Donna Virgin. (Johnson, Joseph)
May 4, 2021 Filing 17 NOTICE of Appearance by Caycee Hampton on behalf of Coloplast Corp. (Hampton, Caycee)
May 4, 2021 Filing 16 NOTICE of Appearance by Edward W. Gerecke on behalf of Coloplast Corp. (Gerecke, Edward)
April 30, 2021 Filing 15 CERTIFICATE of interested persons and corporate disclosure statement by Coloplast Corp. identifying Corporate Parent Coloplast A/S for Coloplast Corp... (Walz, David)
April 30, 2021 Filing 14 ANSWER and affirmative defenses to #1 Complaint, with Jury Demand by Coloplast Corp..(Walz, David)
April 16, 2021 Opinion or Order Filing 13 ORDER denying without prejudice #11 Motion to Appear Pro Hac Vice; denying without prejudice #12 Motion to Appear Pro Hac Vice. Signed by Magistrate Judge Leslie R. Hoffman on 4/16/2021. (MKH)
April 16, 2021 Filing 12 MOTION for Laura J. Baughman to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-18145555 for $150 by Donna Virgin. (Attachments: #1 Exhibit, #2 Exhibit)(Johnson, Joseph) Motions referred to Magistrate Judge Leslie R. Hoffman.
April 16, 2021 Filing 11 MOTION for Rachel L. Wright to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-18145531 for $150 by Donna Virgin. (Attachments: #1 Exhibit, #2 Exhibit)(Johnson, Joseph) Motions referred to Magistrate Judge Leslie R. Hoffman.
April 16, 2021 Filing 10 RETURN of service executed on 4/9/2021 by Donna Virgin as to Coloplast Corp. (Johnson, Joseph) Modified on 4/19/2021 (SPM).
March 19, 2021 Opinion or Order Filing 9 ORDER denying without prejudice #7 Motion to Appear Pro Hac Vice; denying without prejudice #8 Motion to Appear Pro Hac Vice. Signed by Magistrate Judge Leslie R. Hoffman on 3/19/2021. (MKH)
March 18, 2021 Filing 8 MOTION for Rachel L. Wright to appear pro hac vice, Special Admission fee paid, Receipt No. 113A-18019189 for $150 by Donna Virgin. (Attachments: #1 Exhibit, #2 Exhibit)(Johnson, Joseph) Motions referred to Magistrate Judge Leslie R. Hoffman.
March 18, 2021 Filing 7 MOTION for Laura Baughman to appear pro hac vice, Special Admission fee paid, Receipt No. 113A-18019100 for $150 by Donna Virgin. (Attachments: #1 Exhibit, #2 Exhibit)(Johnson, Joseph) Motions referred to Magistrate Judge Leslie R. Hoffman.
March 16, 2021 Filing 6 NOTICE of Local Rule 3.02(a)(2), which requires the parties in every civil proceeding, except those described in subsection (d), to file a case management report (CMR) using the uniform form at www.flmd.uscourts.gov. The CMR must be filed (1) within forty days after any defendant appears in an action originating in this court, (2) within forty days after the docketing of an action removed or transferred to this court, or (3) within seventy days after service on the United States attorney in an action against the United States, its agencies or employees. Judges may have a special CMR form for certain types of cases. These forms can be found at www.flmd.uscourts.gov under the Forms tab for each judge. (Signed by Deputy Clerk). (RMF)ctp
March 16, 2021 Opinion or Order Filing 5 NOTICE TO COUNSEL AND PARTIES: The Middle District of Florida's revised Local Rules become effective February 1, 2021 and can be found on the Court's public website https://www.flmd.uscourts.gov/local-rules. For a just and efficient resolution of this case, the parties are DIRECTED to read and comply with the Middle District of Florida's Local Rules. See Local Rule 1.01(a). Failure to comply with ANY Local Rules or Court Orders may result in the imposition of sanctions including, but not limited to, the dismissal of this action or entry of default without further notice. Signed by Judge Wendy W. Berger on 3/16/2021. (RMF)ctp
March 15, 2021 Filing 4 SUMMONS issued as to Coloplast Corp. (LDJ)
March 15, 2021 Filing 3 NOTICE to counsel Ben C. Martin and Laura J. Baughman Local Rule 2.01(c), Special Admission of Non-Resident Lawyer - File a Motion to Appear Pro Hac Vice. Co-counsel with filing rights may electronically file the motion on behalf of the non-resident lawyer or the motion may be filed on paper; Pay the Special Admission Fee; Complete the E-Filer Registration Form to obtain a login and password for CM/ECF (Signed by Deputy Clerk). (LDJ) (copies emailed)
March 15, 2021 Filing 2 NEW CASE ASSIGNED to Judge Wendy W. Berger and Magistrate Judge Leslie R. Hoffman. New case number: 6:21-cv-0469-WWB-LRH. (SJB)
March 12, 2021 Filing 1 COMPLAINT for Damages against Coloplast Corp. with Jury Demand (Filing fee $ 402 receipt number 113A-17997355) filed by All Plaintiffs. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons)(Johnson, Joseph) Modified text on 3/15/2021 (LDJ).

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Plaintiff: Donna Virgin
Represented By: Joseph R. Johnson
Represented By: Ben C. Martin
Represented By: Rachel L. Wright
Represented By: Rebecca Neumann
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Defendant: Coloplast Corp.
Represented By: Edward W. Gerecke
Represented By: Johanna W. Clark
Represented By: Caycee Hampton
Represented By: David J. Walz
Represented By: Austin Evans
Represented By: Leila M. Morgan
Represented By: Zachary Burnett
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