Behavior Analyst Certification Board, Inc. et al v. Solis
| Behavior Analyst Certification Board, Inc and NCS Pearson, Inc doing business as Pearson VUE |
| Dailys Solis |
| 1:2021cv02131 |
| August 6, 2021 |
| US District Court for the District of Colorado |
| Scott T Varholak |
| Nina Y Wang |
| Copyright |
| 17 U.S.C. § 101 Copyright Infringement |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 29, 2023. A more recent docket listing may be available from PACER.
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| Filing 31 Report re Copyright: Report on the determination of an action emailed separately to the Director of the Copyright Office. (Attachments: #1 Exhibit - Order) (trvo, ) |
| Filing 30 Civil Case Terminated pursuant to the Minute Order 29 filed in this case on 8/28/2023. Text Only Entry. (trvo, ) |
Filing 29
MINUTE ORDER: This matter is before the Court on the #28 Notice of Voluntary Dismissal With Prejudice, which is a self-effectuating Notice of Dismissal under Rule 41(a)(1)(a)(i) of the Federal Rules of Civil Procedure. Plaintiffs' claims were dismissed with prejudice as of the filing of the Notice. The Clerk of Court is directed to terminate this case accordingly. By Judge Nina Y. Wang on 08/28/2023. Text Only Entry (nywlc2, )
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| Filing 28 NOTICE of Voluntary Dismissal of Case With Prejudice by Plaintiffs Behavior Analyst Certification Board, Inc, NCS Pearson, Inc (Sabey, Mark) |
| Filing 27 MINUTE ENTRY for Status Conference held before Magistrate Judge Scott T. Varholak on 6/21/2023. ORDERED: The deadline for default judgment is September 22, 2023. FTR: A402. (morti, ) |
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Filing 26
EVIDENCE PRESERVATION ORDER pursuant to #25 Courtroom Minutes/Minute Order, by Magistrate Judge Scott T. Varholak on 4/13/2023. (morti, )
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| Filing 25 MINUTE ENTRY for Status Conference held before Magistrate Judge Scott T. Varholak on 4/13/2023. ORDERED: Plaintiffs Motion for Entry of Evidence Preservation Order and Issuance of Subpoena Prior to entry of Default Judgment #22 is GRANTED. Plaintiffs themselves will subpoena the Defendant. Status Conference set for 6/21/2023 10:45 AM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. FTR: A402. (morti, ) |
| Filing 24 NOTICE of Entry of Appearance by Lindsay Kathleen McManus on behalf of All Plaintiffs Attorney Lindsay Kathleen McManus added to party Behavior Analyst Certification Board, Inc(pty:pla), Attorney Lindsay Kathleen McManus added to party NCS Pearson, Inc(pty:pla) (McManus, Lindsay) |
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Filing 23
MEMORANDUM regarding #22 MOTION for Issuance ENTRY OF EVIDENCE PRESERVATION ORDER AND ISSUANCE OF SUBPOENA PRIOR TO ENTRY OF DEFAULT JUDGMENT filed by Behavior Analyst Certification Board, Inc, NCS Pearson, Inc. Motion referred to Magistrate Judge Scott T. Varholak. By Judge Nina Y. Wang on 04/10/2023. Text Only Entry (nywlc2, )
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| Filing 22 MOTION for Issuance ENTRY OF EVIDENCE PRESERVATION ORDER AND ISSUANCE OF SUBPOENA PRIOR TO ENTRY OF DEFAULT JUDGMENT by Plaintiffs Behavior Analyst Certification Board, Inc, NCS Pearson, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Proposed Order (PDF Only))(Sabey, Mark) |
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Filing 21
MINUTE ORDER This matter is before the Court sua sponte. A Status Conference is set for 4/13/2023 11:00 AM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. SO ORDERED, by Magistrate Judge Scott T. Varholak on 3/13/2023. Text Only Entry (stvlc4, )
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Filing 20
ORDER. Plaintiffs' Renewed Motion for Default Judgment Against Defendant Dailys Solis [Doc. #19 ] is DENIED without prejudice. By Judge Nina Y. Wang on 12/16/2022.(trvo, )
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| Filing 19 Renewed MOTION for Default Judgment as to Defendant Dailys Solis by Plaintiffs Behavior Analyst Certification Board, Inc, NCS Pearson, Inc. (Attachments: #1 Proposed Order (PDF Only) Granting Plaintiff's Renewed Motion for Default Judgment Against Defendant Dailys Solis)(Sabey, Mark) |
| Filing 18 CLERK'S ENTRY OF DEFAULT as to Dailys Solis. By Clerk. Text Only Entry. (trvo, ) |
| Filing 17 Renewed MOTION for Clerk's Entry of Default as to Defendant Dailys Solis by Plaintiffs Behavior Analyst Certification Board, Inc, NCS Pearson, Inc. (Attachments: #1 Exhibit A - Court's Register of Actions, #2 Declaration of Default, #3 Declaration Regarding Military Service, #4 Attachment to Declaration re Military Service - SCRA Documentation)(Sabey, Mark) Modified on 8/24/2022 to correct text (trvo, ). |
| Filing 16 CLERK'S NOTE REGARDING DEFAULT re #15 Motion for Clerk's Entry of Default as to Defendant Dailys Solis by Plaintiffs Behavior Analyst Certification Board, Inc., NCS Pearson, Inc. Default will not be entered as to Dailys Solis, as the affidavit or declaration required by Fed. R. Civ. P. 55(a) was not filed. The affidavit or declaration required by Fed. R. Civ. P. 55(a) must set forth the following: 1) the date service was completed; 2) a statement that no responsive pleading has been filed within the time limit set by the Federal Rules of Civil Procedure or fixed by the Court; and 3) a statement that the party is not an infant, is not incompetent, and that he or she is not in the military service. Please note that the affidavit or declaration required by Fed. R. Civ. P. 55(a) is filed in support of the Motion for Entry of Default. Accordingly, please file a renewed Motion for Entry of Default as a new docket entry, which includes the affidavit/declaration fulfilling the requirements under Fed. R. Civ. P. 55(a) and the previously prepared Affidavit Regarding Defendant's Military Service as attachments. By Clerk. Text Only Entry. (trvo, ) |
| Filing 15 MOTION for Clerk's Entry of Default as to Defendant Dailys Solis by Plaintiffs Behavior Analyst Certification Board, Inc, NCS Pearson, Inc. (Attachments: #1 Affidavit Regarding Military Service, #2 Pages re SCRA Status Report)(Sabey, Mark) Modified on 8/18/2022 to correct text (trvo, ). |
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Filing 14
ORDER ON MOTION FOR DEFAULT JUDGMENT. The #8 Motion for Default Judgment Against Defendant Dailys Solis is DENIED without prejudice, with leave to refile if procedurally appropriate. By Judge Nina Y. Wang on 8/9/2022.(sdunb, )
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| Filing 13 REASSIGNMENT OF JUDGE. This action is reassigned to Judge Nina Y. Wang upon her appointment as United States District Judge. Unless otherwise ordered, the dates and times for all previously scheduled matters will be maintained. Judge Wang is located in Courtroom 502 in the Alfred A. Arraj Courthouse and her chambers is in A-532. Her telephone number is (303) 335-2600. All future pleadings should be designated as 21-cv-02131-NYW-STV. (Text only entry) (cthom, ) |
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Filing 12
MINUTE ORDER In light of #8 MOTION for Default Judgment, the Scheduling Conference set for 11/18/2021 and the deadline to submit a proposed scheduling order are VACATED. SO ORDERED, by Magistrate Judge Scott T. Varholak on 10/27/2021. Text Only Entry (stvlc2, )
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Filing 11
ORDER: Counsel for the parties and all counsel who may later enter an appearance shall review and familiarize themselves with the undersigned's Revised Practice Standards (as most recently revised effective December 1, 2020 and as they may be amended from time to time), which may be downloaded #here. SO ORDERED by Judge William J. Martinez on 10 /26/2021. Text Only Entry (wjmsec, )
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Filing 10
ORDER REFERRING CASE to Magistrate Judge Scott T. Varholak. Magistrate Judge Varholak, or such other Magistrate Judge who may in the future be reassigned this case, is designated to conduct NDISPO proceedings pursuant to 28 U.S.C. 636(b)(1)(A) and (B) and Fed.R.Civ.P. 72(a) and (b). Court sponsored alternative dispute resolution is governed by D.C.COLO.LCivR 16.6. On the recommendation or informal request of the Magistrate Judge or on the request of the parties by motion, the court may direct the parties to engage in an early neutral evaluation, a settlement conference, or another alternative dispute resolution proceeding. SO ORDERED by Judge William J. Martinez on 10/26/2021. Text Only Entry (wjmsec, )
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| Filing 9 CASE REASSIGNED pursuant to #8 MOTION for Default Judgment. This case is randomly reassigned to Judge William J. Martinez. All future pleadings should be designated as 21-cv-02131-WJM. (Text Only Entry) (cmadr, ) |
| Filing 8 MOTION for Default Judgment as to by Plaintiffs Behavior Analyst Certification Board, Inc, NCS Pearson, Inc. (Attachments: #1 Proposed Order (PDF Only))(Sabey, Mark) |
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Filing 7
MINUTE ORDER Because Defendant has not yet entered an appearance, the Scheduling Conference set for 10/20/2021 is VACATED and RESET for 11/18/2021 10:15 AM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. Consent Form due by 11/4/2021. Proposed Scheduling Order due 11/11/2021. SO ORDERED, by Magistrate Judge Scott T. Varholak on 10/8/2021. Text Only Entry (stvlc2, )
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| Filing 6 SUMMONS Returned Executed by All Plaintiffs. All Defendants. (Sabey, Mark) |
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Filing 5
ORDER Setting Deadline for Filing Election Concerning Consent/Non-Consent to Magistrate Jurisdiction Form and Setting Scheduling Conference. Consent Form due on or before October 6, 2021. Proposed Scheduling Order due on or before October 13, 2021. Scheduling Conference set for October 20, 2021 at 11:00 AM in Courtroom A 402 before Magistrate Judge Scott T. Varholak, by Magistrate Judge Scott T. Varholak on 8/9/2021. (agarc, )
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| Filing 4 Report re Copyright: Report on the filing of an action emailed separately to the Director of the Copyright Office. (jtorr, ) |
| Filing 3 SUMMONS issued by Clerk. (Attachments: #1 Magistrate Judge Consent Form) (jtorr, ) |
| Filing 2 Case assigned to Magistrate Judge Scott T. Varholak. Text Only Entry. (jtorr, ) |
| Filing 1 COMPLAINT against All Defendants (Filing fee $ 402,Receipt Number ACODC-8006134)Attorney Mark Lynn Sabey added to party Behavior Analyst Certification Board, Inc.(pty:pla), Attorney Mark Lynn Sabey added to party NCS Pearson, Inc.(pty:pla), filed by Behavior Analyst Certification Board, Inc., NCS Pearson, Inc.. (Attachments: #1 Civil Cover Sheet, #2 Summons)(Sabey, Mark) |
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