doTerra International et al v. JD.com et al
Plaintiff: doTerra International and doTerra Holdings
Defendant: Bxytonline Seller, JD.com, Jingdong E-Commerce (Trade) Hong Kong Corporation Limited and Online Seller
Case Number: 2:2023cv00001
Filed: January 4, 2023
Court: US District Court for the District of Utah
Presiding Judge: Jared C Bennett
Referring Judge: Howard C Nielson
Nature of Suit: Trademark
Cause of Action: 15 U.S.C. ยง 0044 Trademark Infringement
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on July 21, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 21, 2023 Opinion or Order Filing 29 ORDER granting #28 Fourth Stipulated Motion for Extension of Time to File Responses to Motions to Dismiss: Responses due by 9/14/2023. Signed by Magistrate Judge Jared C. Bennett on 7/21/23. (dle)
July 21, 2023 Filing 28 Stipulated MOTION for Extension of Time to File Response/Reply as to #18 MOTION to Dismiss for Lack of Jurisdiction and Memorandum in Support , #7 Defendant's MOTION to Dismiss for Lack of Jurisdiction and Memorandum in Support (Fourth) filed by Plaintiffs doTerra Holdings, doTerra International. (Attachments: #1 Text of Proposed Order) Motions referred to Jared C. Bennett.(Biggs, Stephen)
June 12, 2023 Filing 27 Per 26 Docket Text Order case randomly assigned to Judge Howard C. Nielson, Jr. as the presiding judge and Magistrate Judge Jared C. Bennett is automatically referred under 28 U.S.C636(b)(1)(A). Magistrate Judge Jared C. Bennett no longer assigned as the presiding judge to the case. (mh)
June 12, 2023 Opinion or Order Filing 26 DOCKET TEXT ORDER FOR CASE TO BE REASSIGNED. Because Defendant Bxytonline Seller has not been served or entered an appearance, consent to the jurisdiction of the Magistrate Judge by all parties is not feasible at this time. The court also notes that there are two motions to dismiss pending. For those reasons, IT IS HEREBY ORDERED that this case be reassigned to a district judge through random reassignment. Signed by Magistrate Judge Jared C. Bennett on 06/12/2023. (docket text order; no attached document). (lc)
June 12, 2023 Opinion or Order Filing 25 ORDER granting #24 Motion for Extension of Time to File Response/Reply. The deadline for doTERRA to file its response to JD's pending Rule 12(b)(2) #7 motion to dismiss for lack of personal jurisdiction is extended to July 31, 2023. The deadline for doTERRA to file its response to Jingdong's pending Rule 12(b)(2) #18 motion to dismiss for lack of personal jurisdiction is extended to July 31, 2023. Signed by Magistrate Judge Jared C. Bennett on 6/12/2023. (mh)
June 9, 2023 Filing 24 Stipulated MOTION for Extension of Time to File Response/Reply as to #18 MOTION to Dismiss for Lack of Jurisdiction and Memorandum in Support , #7 Defendant's MOTION to Dismiss for Lack of Jurisdiction and Memorandum in Support filed by Plaintiffs doTerra Holdings, doTerra International. (Attachments: #1 Text of Proposed Order)(Biggs, Stephen)
May 9, 2023 Opinion or Order Filing 23 ORDER granting #22 Stipulated MOTION for Extension of Time to File Responses as to #18 MOTION to Dismiss for Lack of Jurisdiction and #7 Defendant's MOTION to Dismiss for Lack of Jurisdiction. Plaintiff's Responses to both are due by 6/16/2023. Signed by Magistrate Judge Jared C. Bennett on 5/9/2023. (alf)
May 8, 2023 Filing 22 Stipulated MOTION for Extension of Time to File Response/Reply as to #18 MOTION to Dismiss for Lack of Jurisdiction and Memorandum in Support , #7 Defendant's MOTION to Dismiss for Lack of Jurisdiction and Memorandum in Support filed by Plaintiffs doTerra Holdings, doTerra International. (Attachments: #1 Text of Proposed Order)(Biggs, Stephen)
April 13, 2023 Opinion or Order Filing 21 ORDER #20 Stipulated MOTION for Extension of Time to File Response/Reply as to #7 Defendant's MOTION to Dismiss for Lack of Jurisdiction and #18 MOTION to Dismiss for Lack of Jurisdiction. Plaintiff Responses due by 5/18/2023. Signed by Magistrate Judge Jared C. Bennett on 4/13/2023. (alf)
April 13, 2023 Filing 20 Stipulated MOTION for Extension of Time to File Response/Reply as to #18 MOTION to Dismiss for Lack of Jurisdiction and Memorandum in Support and Memorandum in Support filed by Plaintiffs doTerra Holdings, doTerra International. (Attachments: #1 Text of Proposed Order)(Biggs, Stephen)
March 23, 2023 Filing 19 ERRATA to #7 Defendant's MOTION to Dismiss for Lack of Jurisdiction filed by Defendant JD.com . (Price, Ronald)
March 23, 2023 Filing 18 MOTION to Dismiss for Lack of Jurisdiction and Memorandum in Support filed by Defendant Jingdong E-Commerce (Trade) Hong Kong Corporation Limited. (Attachments: #1 Affidavit Exhibit A - Declaration of Duo Wang) Attorney Ronald F. Price added to party Jingdong E-Commerce (Trade) Hong Kong Corporation Limited(pty:dft)(Price, Ronald)
March 3, 2023 Opinion or Order Filing 17 ORDER granting #15 Motion for Extension of Time to Answer. Answer deadline updated for Jingdong E-Commerce (Trade) Hong Kong Corporation Limited to 3/23/2023.; granting #15 Motion for Extension of Time to File Response/Reply as to #7 Defendant's MOTION to Dismiss for Lack of Jurisdiction . Plaintiff's Response due by 4/20/2023. If Jingdong files a Rule 12(b) motion to dismiss the complaint, the deadline for dTERRA to respond to that motion shall be April 20, 2023. Signed by Magistrate Judge Jared C. Bennett on 3/3/2023. (alf)
March 3, 2023 Filing 16 Modification of Docket re #15 MOTION for Extension of Time: Error: The document should have been filed using the events "Motion for Extension of Time to File Answer" (to set answer deadline) and "Motion for Extension of Time to File Response/Reply" (to reset briefing schedule) and linked to appropriate documents. Correction: Event types corrected, docket entry text modified, links created. No further action is needed. (alf)
March 3, 2023 Filing 15 Stipulated MOTION for Extension of Time for Jingdong E-Commerce (Trade) Hong Kong Corporation Limited to File Answer (1) Jingdong E-Commerce (Trade) Hong Kong Corporation Limited to Respond to #1 Complaint; and (2) MOTION for Extension of Time to File Response/Rely to Plaintiffs to Respond to JD.com #7 Motion to Dismiss and Memorandum in Support filed by Plaintiffs doTerra Holdings, doTerra International. (Attachments: #1 Text of Proposed Order)(Biggs, Stephen) Modified on 3/3/2023 to correct events and docket entry text (alf). Added MOTION for Extension of Time to File Response/Reply on 3/3/2023 (alf).
March 1, 2023 Filing 14 SUMMONS Returned Executed by doTerra International, doTerra Holdings as to Jingdong E-Commerce (Trade) Hong Kong Corporation Limited served on 2/3/2023, answer due 2/24/2023. (Attachments: #1 Issued Summons)(Biggs, Stephen)
February 14, 2023 Opinion or Order Filing 13 ORDER granting #10 Motion for Admission Pro Hac Vice of Attorney Ping Zhang for JD.com.Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html. Instructions are available at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing.Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at #https://www.utd.uscourts.gov/rules-practice. Signed by Magistrate Judge Jared C. Bennett on 2/14/2023. (alf)
February 14, 2023 Opinion or Order Filing 12 ORDER granting #9 Motion for Admission Pro Hac Vice of Attorney Mike Margolis for JD.com.Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html. Instructions are available at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing.Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at #https://www.utd.uscourts.gov/rules-practice. Signed by Magistrate Judge Jared C. Bennett on 2/14/2023. (alf)
February 13, 2023 Filing 11 ERRATA to #8 Request filed by Defendant JD.com . (Price, Ronald)
February 13, 2023 Filing 10 MOTION for Admission Pro Hac Vice of Ping Zhang , Registration fee $ 250, receipt number AUTDC-4588213,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Defendant JD.com. (Attachments: #1 Text of Proposed Order)(Price, Ronald)
February 13, 2023 Filing 9 MOTION for Admission Pro Hac Vice of Mike Margolis , Registration fee $ 250, receipt number AUTDC-4588109,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Defendant JD.com. (Attachments: #1 Text of Proposed Order)(Price, Ronald)
February 13, 2023 Filing 8 REQUEST for Judicial Notice re #7 Defendant's MOTION to Dismiss for Lack of Jurisdiction filed by Defendant JD.com. (Price, Ronald)
February 13, 2023 Filing 7 Defendant's MOTION to Dismiss for Lack of Jurisdiction filed by Defendant JD.com. (Attachments: #1 Affidavit of Duo Wang, #2 Exhibit A to the Declaration of Duo Wang, #3 Exhibit B to the Declaration of Duo Wang) Attorney Ronald F. Price added to party JD.com(pty:dft)(Price, Ronald)
January 25, 2023 Filing 6 SUMMONS Returned Executed by doTerra International, doTerra Holdings as to JD.com served on 1/24/2023, answer due 2/14/2023. (Attachments: #1 Issued Summons)(Biggs, Stephen)
January 4, 2023 Filing 5 Summons Issued Electronically as to JD.com. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (ks)
January 4, 2023 Filing 4 Summons Issued Electronically as to Jingdong E-Commerce (Trade) Hong Kong Corporation Limited. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (ks)
January 4, 2023 Opinion or Order Filing 3 ORDER TO PROPOSE SCHEDULE - See order for details. Signed by Magistrate Judge Jared C. Bennett on 1/4/2022. (alf)
January 4, 2023 Filing 2 Report on the Filing of an action sent to the Director of the U.S. Patent and Trademark Office. (Attachments: #1 Complaint) (ks)
January 4, 2023 Filing 1 COMPLAINT against Bxytonline Seller aka Online Seller, JD.com, Jingdong E-Commerce (Trade) Hong Kong Corporation Limited (Filing fee $ 402, receipt number AUTDC-4546127) filed by doTerra International, doTerra Holdings. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Civil Cover Sheet) (Biggs, Stephen)
January 4, 2023 Magistrate Judge Jared C. Bennett added. Case number will now read 2:23-CV-00001. Please make changes to document captions accordingly. (ks)

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Defendant: Bxytonline Seller
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Defendant: JD.com
Represented By: Mike Margolis
Represented By: Ronald F. Price
Represented By: Ping Zhang
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Defendant: Jingdong E-Commerce (Trade) Hong Kong Corporation Limited
Represented By: Ronald F. Price
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Defendant: Online Seller
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Plaintiff: doTerra International
Represented By: Aaron R. Harris
Represented By: Kipp S. Muir
Represented By: Steven C. Smith
Represented By: Tyler M. Hawkins
Represented By: Stephen C. Biggs
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Plaintiff: doTerra Holdings
Represented By: Aaron R. Harris
Represented By: Kipp S. Muir
Represented By: Steven C. Smith
Represented By: Tyler M. Hawkins
Represented By: Stephen C. Biggs
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