Botanic Tonics, LLC et al v. Pherson et al
| Kelly Pherson, Amber Brown, Bradon Forsyth and Derek Brown |
| Botanic Tonics, LLC and Global Kratom Coalition, Inc |
| 2:2026cv00267 |
| March 31, 2026 |
| U.S. District Court for the District of Utah |
| Howard C Nielson |
| Dustin B Pead |
| Civil Rights: Other |
| 28 U.S.C. § 1331 Fed. Question: Civil Rights Violation |
| None |
Docket Report
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This docket was last retrieved on May 26, 2026. A more recent docket listing may be available from PACER.
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Filing 39
ORDER granting #38 Motion for Extension of Time. Defendants shall file a response to the Amended Complaint and to the Second Motion for Preliminary Injunction no later than June 9, 2026. Signed by Magistrate Judge Dustin B. Pead on 5/26/2026. (dle)
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Filing 38
Defendant's MOTION for Extension of Time to File Response/Reply as to #36 Amended Complaint, #37 Second MOTION for Preliminary Injunction and Memorandum in Support filed by Defendants Amber Brown, Derek Brown, Bradon Forsyth, Kelly Pherson. (Attachments: #1 Text of Proposed Order) Motions referred to Dustin B. Pead.(Dupree, Jason)
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Filing 37
Second MOTION for Preliminary Injunction and Memorandum in Support filed by Petitioners Botanic Tonics, LLC, Global Kratom Coalition, Inc. (Attachments: #1 Exhibit A - Enrolled Bill, #2 Affidavit Exhibit B - Declaration of Ramsey Atallah, #3 Affidavit Exhibit C - Declaration of Robert Verkerk, #4 Affidavit Exhibit D - Declaration of Cameron Korehbandi, #5 Exhibit E - Product label, #6 Affidavit Exhibit F - Declaration of Yin Zou)(Price, Ronald)
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Filing 36
AMENDED COMPLAINT against All Defendants. filed by Botanic Tonics, LLC, Global Kratom Coalition, Inc. (Attachments: #1 Exhibit A - Enrolled Bill, #2 Exhibit B - Product Label, #3 Exhibit C - Memorandum of Agreement) (Price, Ronald)
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Filing 35
ORDER granting #34 Unopposed Motion for Leave to File First Amended Complaint. Signed by Magistrate Judge Dustin B. Pead on 5/15/2026. (dle)
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Filing 34
Consent MOTION to Amend Complaint #1 Complaint, and Memorandum in Support filed by Petitioners Botanic Tonics, LLC, Global Kratom Coalition, Inc. (Attachments: #1 Exhibit 1- [Proposed] First Amended Complaint - redlined copy, #2 Exhibit 2 - [Proposed] First Amended Complaint - clean copy, #3 Text of Proposed Order)(Price, Ronald)
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Filing 33
ANSWER to Complaint filed by Amber Brown, Derek Brown, Bradon Forsyth, Kelly Pherson.(Hoidal, Anikka)
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Filing 32
Please be advised the Record is complete for purposes of appeal for USCA case number 26-4060 re #29 Notice of Appeal - Interlocutory. (kec)
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Filing 31
USCA Case Number Case Appealed to Tenth Circuit Case Number 26-4060 for #29 Notice of Appeal - Interlocutory, filed by Global Kratom Coalition, Inc, Botanic Tonics, LLC. A transcript order form or notice that no transcript is necessary per 10th Cir. R. 10.2. This form must be filed in both the district court and this court. See letter for additional information. (jrj)
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Filing 30
Transmission of Preliminary Record to USCA re #29 Notice of Appeal - Interlocutory. (Attachments: #1 Appendix)(jrj)
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Filing 29
NOTICE OF INTERLOCUTORY APPEAL filed by Botanic Tonics, LLC, Global Kratom Coalition, Inc. Appeals to the USCA for the 10th Circuit. Filing fee $ 605, receipt number AUTDC-5777349. (Attachments: #1 Exhibit A - Memorandum Decision and Order Denying Motion for Preliminary Injunction)(Price, Ronald)
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Filing 28
MEMORANDUM DECISION AND ORDER denying #2 Motion for Preliminary Injunction. Signed by Judge Howard C. Nielson, Jr., on 05/04/2026. (bas)
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Filing 27
REPLY to Response to Motion re #2 MOTION for Preliminary Injunction filed by Petitioners Botanic Tonics, LLC, Global Kratom Coalition, Inc. (Attachments: #1 Affidavit Exhibit A - Supplemental Declaration of Robert Verkerk, Ph.D., #2 Affidavit Exhibit B - Supplemental Declaration of Ramsey Atallah, #3 Affidavit Exhibit C - Supplemental Declaration of Yin Zou)(Price, Ronald)
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Filing 26
ORDER granting #25 Motion for Extension of Time to Answer Complaint. Answer due 5/8/2026. Signed by Magistrate Judge Dustin B. Pead on 4/20/2026. (dle)
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Filing 25
MOTION for Extension of Time to File Answer Response/Reply as to #1 Complaint, filed by Defendants Amber Brown, Derek Brown, Bradon Forsyth, Kelly Pherson. (Attachments: #1 Text of Proposed Order) Motions referred to Dustin B. Pead.(Dupree, Jason) Modified on 4/20/2026 by correcting event type, editing docket text (dle).
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Filing 24
Defendant's MEMORANDUM in Opposition re #2 MOTION for Preliminary Injunction filed by Defendants Amber Brown, Derek Brown, Bradon Forsyth, Kelly Pherson. (Attachments: #1 Exhibit 1 - S.B. 45, #2 Exhibit 2 - Declaration of Brandon Forsyth, #3 Exhibit A to Exhibit 2, #4 Exhibit B to Exhibit 2, #5 Exhibit C to Exhibit 2, #6 Exhibit D to Exhibit 2, #7 Exhibit E to Exhibit 2, #8 Exhibit F to Exhibit 2, #9 Exhibit G to Exhibit 2, #10 Exhibit H to Exhibit 2, #11 Exhibit 3 - November 2025 Interim Meeting Slides on Quarterly Fatal Drug Overdose Surveillance Report, #12 Exhibit 4 - November 2025 Interim Committee Meeting Agenda, #13 Exhibit 5 - November 2025 Interim Committee Meeting Draft Minutes, #14 Exhibit 6 - Senate Business and Labor Committee Meeting Agenda, #15 Exhibit 7 - Senate Business and Labor Committee Meeting Minutes, #16 Exhibit 8 - House BLC Meeting Agenda, #17 Exhibit 9- House BLC Meeting Minutes)(Hoidal, Anikka)
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Filing 23
NOTICE of Appearance by Melissa A. Ure on behalf of Amber Brown, Derek Brown, Bradon Forsyth, Kelly Pherson (Ure, Melissa)
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Filing 22
ERRATA filed by Petitioners Botanic Tonics, LLC, Global Kratom Coalition, Inc Exhibit E to Motion for Preliminary Injunction - Declaration of Ramsey Atallah with CV attached. (Price, Ronald)
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Filing 21
DOCKET TEXT ORDER. #18 Plaintiffs' Ex Parte Motion for Expedited Briefing and Hearing on Plaintiffs' Motion for Preliminary Injunction is GRANTED IN PART as follows: Defendants shall respond to #2 Motion for Preliminary Injunction no later than April 17, 2026, as required by DUCivR 7-1(a)(4)(C)(iii). Plaintiffs may promptly file a reply brief after Defendants' response is filed. If it deems one necessary, the court will hold a telephonic hearing concerning the merits of the motion for preliminary injunction late in the afternoon of either April 30 or May 1, 2026. SO ORDERED. Signed by Judge Howard C. Nielson, Jr., on 04/13/2026. No attached document. (bas)
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Filing 20
ACCEPTANCE/ACKNOWLEDGMENT OF SERVICE Executed served on Kelly Pehrson, Amber Brown, Brandon Forsyth on 04/09/2026. Acceptance/Acknowledgment filed by Botanic Tonics, LLC, Global Kratom Coalition, Inc. (Price, Ronald)
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Filing 19
Motions No Longer Referred: #18 Plaintiff's MOTION to Expedite briefing and hearing on plaintiffs' motion for preliminary injunction and Memorandum in Support. District Judge Nielson will handle the motion. (bas)
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Filing 18
Plaintiff's MOTION to Expedite briefing and hearing on plaintiffs' motion for preliminary injunction and Memorandum in Support filed by Petitioners Botanic Tonics, LLC, Global Kratom Coalition, Inc. (Attachments: #1 Text of Proposed Order) Motions referred to Dustin B. Pead.(Price, Ronald)
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Filing 17
NOTICE of Appearance by Jason N. Dupree on behalf of Amber Brown, Derek Brown, Bradon Forsyth, Kelly Pherson (Dupree, Jason)
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Filing 16
NOTICE of Appearance by Anikka Hoidal on behalf of Amber Brown, Derek Brown, Bradon Forsyth, Kelly Pherson (Hoidal, Anikka)
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Filing 15
NOTICE of Appearance by David N. Wolf on behalf of Amber Brown, Derek Brown, Bradon Forsyth, Kelly Pherson (Wolf, David)
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Filing 14
CIVIL STANDING ORDER. Signed by Judge Howard C. Nielson, Jr on 5/11/2025. (ks)
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Filing 13
CERTIFICATE OF SERVICE by Botanic Tonics, LLC Acceptance of Service - Defendant Derek Brown (Price, Ronald)
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Filing 12
ORDER granting #10 Motion for Admission Pro Hac Vice of Attorney Jonathan W. Emord for Botanic Tonics LLC, Global Kratom Coalition, Inc.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/attorney-admissions#PHV.A Pro Hac Vice Attorney who fails to register for CM/ECF access will not receive notifications of electronic filings.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 Dustin B. Pead on 04/02/2026. (sg)
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Filing 11
Case randomly assigned to Judge Howard C. Nielson, Jr per DTO 8 . Magistrate Judge Dustin B. Pead is automatically referred under 28 U.S.C636(b)(1)(A). Magistrate Judge Dustin B. Pead no longer assigned as the presiding judge to the case. (sg)
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Filing 10
MOTION for Admission Pro Hac Vice of Ronald F. Price , Registration fee $ 50, receipt number AUTDC-5747092,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 Petitioners Botanic Tonics, LLC, Global Kratom Coalition, Inc. (Attachments: #1 Exhibit A - Pro Hac Vice Application, #2 Text of Proposed Order Order Granting Motion for Pro Hac Vice)(Price, Ronald)
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Filing 9
ORDER TO PROPOSE SCHEDULE - See order for details. Signed by Magistrate Judge Dustin B. Pead on 04/01/2026. (sg)
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Filing 8
DOCKET TEXT ORDER. Under court policy, Plaintiffs filing of a motion for injunctive relief renders this case ineligible for consent to the jurisdiction of a magistrate judge. Accordingly, the court orders that this case be reassigned to a district judge through random reassignment. No attached document Signed by Magistrate Judge Dustin B. Pead on 4/1/2026. (amn)
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Filing 7
Summons Issued Electronically as to Bradon Forsyth. 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. (bg)
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Filing 6
Summons Issued Electronically as to Derek Brown. 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. (kop)
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Filing 5
Summons Issued Electronically as to Kelly Pherson. 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. (kop)
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Filing 4
Summons Issued Electronically as to Amber Brown. 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. (kop)
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Filing 3
NOTICE OF REQUIREMENTS for appearance Pro Hac Vice emailed to attorney Jonathan W. Emord for Botanic Tonics, LLC, and Global Kratom Coalition, Inc. (kop)
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Filing 2
MOTION for Preliminary Injunction filed by Petitioners Botanic Tonics, LLC, Global Kratom Coalition, Inc. (Attachments: #1 Exhibit A - KRA, #2 Exhibit B - Notice of Distributors, #3 Exhibit C- Kratom Publications, #4 Exhibit D - ureus- clinical trial publication, #5 Exhibit E - Declaration of Ramsey Atallah, #6 Exhibit F - Dr. Verkerk Opinion, #7 Exhibit G - Declaration of Cameron Korehbandi, #8 Exhibit H - Declaration of Yin Zou)(Price, Ronald)
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Filing 1
COMPLAINT against All Defendants (Filing fee $ 405, receipt number AUTDC-5744972) filed by Botanic Tonics, LLC, Global Kratom Coalition, Inc. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A - KRA, #3 Exhibit B - Notice to Distributors, #4 Exhibit C - Memorandum of Agreement) (Price, Ronald)
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Magistrate Judge Dustin B. Pead added. Case number will now read 2:26-cv-00267-DBP. Please make changes to document captions accordingly. (kop)
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