Behavior Analyst Certification Board, Inc. v. Moates et al
Behavior Analyst Certification Board, Inc. |
Michael Moates, Misty Kieschnick, Larry Kieschnick and Global Institute of Behavioral Practitioners and Examiners, The |
1:2022cv01247 |
May 19, 2022 |
US District Court for the District of Colorado |
Lewis T Babcock |
N Reid Neureiter |
Assault Libel & Slander |
28 U.S.C. § 1332 Diversity-Libel,Assault,Slander |
Plaintiff |
Docket Report
This docket was last retrieved on December 7, 2022. A more recent docket listing may be available from PACER.
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Filing 36 JUDGMENT by Clerk in favor of The Global Institute of Behavioral Practitioners and Examiners, Michael Moates, and Misty Kieschnick against Behavior Analyst Certification Board, Inc. re: #35 Order on Motion to Dismiss/Lack of Jurisdiction, on December 7, 2022. (rvill, ) |
Filing 35 ORDER Granting #22 Motion to Dismiss Amended Complaint for Lack of Jurisdiction. The Clerk of Court is directed to TERMINATE this action. Each party shall bear his or its own attorneys fees and costs. By Magistrate Judge N. Reid Neureiter on December 7, 2022. (rvill, ) |
Filing 34 STATEMENT re #32 Statement, Substitution of Exhibit A to Statement by Plaintiff Behavior Analyst Certification Board, Inc.. (Attachments: #1 Exhibit A - Moates Publication Timeline with Underlying Posts)(Sabey, Mark) |
Filing 33 NOTICE of Voluntary Dismissal of Party Misty Kieschnick by Plaintiff Behavior Analyst Certification Board, Inc. (Sabey, Mark) |
Filing 32 STATEMENT re #31 Order Appointing Limited Representation Counsel,, Order on Motion for Order,, Order on Motion to Dismiss/Lack of Jurisdiction,, Motion Hearing, Statement Regarding Transfer of Jurisdiction Issue by Plaintiff Behavior Analyst Certification Board, Inc.. (Attachments: #1 Exhibit Publications by Moates)(Sabey, Mark) |
Filing 31 MINUTE ENTRY for proceedings held before Magistrate Judge N. Reid Neureiter: Telephonic Motion Hearing held on 8/23/2022. Mr. Champagne's Motion for Leave to Provide Limited Scope Representation Pursuant to D.C.COLO.LAttyR 2(b)(1) and LAttyR 5(a) and (b) (Dkt. #2 ) is GRANTED. Defendants Motion to Dismiss Amended Complaint for Lack of Personal Jurisdiction (Dkt. #22 ) is TAKEN UNDER ADVISEMENT. FTR: Courtroom C203. (rvill, ) |
Filing 30 Minute ORDER by Magistrate Judge N. Reid Neureiter on 8 August 2022. It is hereby ORDERED that Plaintiff's Unopposed Motion to Reschedule Scheduling/Planning Conference (Dkt. #27 ) is GRANTED. The Scheduling Conference set for August 11, 2022 at 2:00 p.m. is VACATED and RESET as a Motion Hearing on Motion to Dismiss Plaintiff's Amended Complaint (Dkt. #22 ) for August 23, 2022 at 11:00 a.m. The parties are directed to call the conference line as a participant at (888) 398-2342, Access Code 5755390# at the scheduled time. Other scheduling matters will be discussed at the Motion Hearing. PLEASE READ ATTACHED MINUTE ORDER. (cmadr, ) |
Filing 29 ORDER OF REFERENCE. Pursuant to the consent of the parties to the jurisdiction of the magistrate judge #26 , this case is referred to Magistrate Judge N. Reid Neureiter for all purposes pursuant to 28 U.S.C. 636(c), by Chief Judge Philip A. Brimmer on 8/08/2022. Text Only Entry (pabsec, ) |
Filing 28 REPLY to Response to #22 Second MOTION to Dismiss for Lack of Jurisdiction filed by Defendants Global Institute of Behavioral Practitioners and Examiners, The, Misty Kieschnick, Michael Moates. (Champagne, Martin) |
Filing 27 Unopposed MOTION to Reset Scheduling-Planning Conference by Plaintiff Behavior Analyst Certification Board, Inc.. (Attachments: #1 Proposed Order (PDF Only) Granting Unopposed Motion to Reschedule Scheduling-Planning Conference)(Sabey, Mark) |
Filing 26 CONSENT to Jurisdiction of Magistrate Judge by Plaintiff Behavior Analyst Certification Board, Inc. All parties consent.. (Sabey, Mark) |
Filing 25 MINUTE ORDER by Magistrate Judge N. Reid Neureiter on August 3, 2022. This case is before the Court on review of the docket. On May 24, 2022, the Court set July 28, 2022 as the deadline for the parties to complete and file the Consent/Non-Consent Form (Dkt. #14 ). The parties did not comply with this order. As a one-time courtesy, the Court will sua sponte extend this deadline. Accordingly, it is hereby ORDERED that no later than August 4, 2022, the parties shall complete and file the Consent/Non-Consent Form (see Dkt. #10 ), indicating either unanimous consent of the parties or that consent has been declined. PLEASE READ ATTACHED MINUTE ORDER (csarr, ) |
Filing 24 MINUTE ORDER by Magistrate Judge N. Reid Neureiter on July 22, 2022. Defendants' Motion to Dismiss for Lack of Personal Jurisdiction (Dkt. #18 ) is DENIED as moot. PLEASE READ ATTACHED MINUTE ORDER. (rvill, ) |
Filing 23 RESPONSE to #22 Second MOTION to Dismiss for Lack of Jurisdiction filed by Plaintiff Behavior Analyst Certification Board, Inc.. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E)(Sabey, Mark) |
Filing 22 Second MOTION to Dismiss for Lack of Jurisdiction by Defendants Global Institute of Behavioral Practitioners and Examiners, The, Misty Kieschnick, Michael Moates. (Attachments: #1 Affidavit)(Champagne, Martin) |
Filing 21 AMENDED COMPLAINT against Global Institute of Behavioral Practitioners and Examiners, The, Misty Kieschnick, Michael Moates, filed by Behavior Analyst Certification Board, Inc.. (Attachments: #1 Exhibit Amended Complaint with redlines, #2 Exhibit Exhibit A, #3 Exhibit Exhibit B, #4 Exhibit Exhibit C, #5 Exhibit Exhibit D, #6 Exhibit Exhibit E, #7 Exhibit Exhibit F, #8 Exhibit Exhibit G, #9 Exhibit Exhibit H)(Sabey, Mark) |
Filing 20 NOTICE of Filing by Defendants Global Institute of Behavioral Practitioners and Examiners, The, Larry Kieschnick, Misty Kieschnick, Michael Moates (Attachments: #1 Docket Sheet)(Champagne, Martin) |
Filing 19 NOTICE State Court Order: Notice or Removal by Defendants Global Institute of Behavioral Practitioners and Examiners, The, Larry Kieschnick, Misty Kieschnick, Michael Moates (Champagne, Martin) |
Filing 18 MOTION to Dismiss for Lack of Jurisdiction by Defendants Global Institute of Behavioral Practitioners and Examiners, The, Larry Kieschnick, Misty Kieschnick, Michael Moates. (Attachments: #1 Affidavit Affidavit of Michael Moates)(Champagne, Martin) |
Filing 17 NOTICE OF CASE ASSOCIATION by Martin J. Champagne, Jr on behalf of Global Institute of Behavioral Practitioners and Examiners, The, Larry Kieschnick, Misty Kieschnick, Michael Moates (Champagne, Martin) |
Filing 16 CORPORATE DISCLOSURE STATEMENT. (Champagne, Martin) |
Filing 15 NOTICE of Entry of Appearance by Martin J. Champagne, Jr on behalf of Global Institute of Behavioral Practitioners and Examiners, The, Larry Kieschnick, Misty Kieschnick, Michael Moates (Champagne, Martin) |
Filing 14 ORDER SETTING SCHEDULING/PLANNING CONFERENCE AND SETTING DEADLINE FOR FILING OF CONSENT/NON-CONSENT FORM by Magistrate Judge N. Reid Neureiter on 24 May 2022. Consent Form due by 7/28/2022. Proposed Scheduling Order due 8/4/2022. Scheduling Conference set for 8/11/2022 02:00 PM in Courtroom C203 before Magistrate Judge N. Reid Neureiter. The Scheduling Conference will be conducted via telephone. The parties are directed to call the conference line as a participant at (888) 398-2342, Access Code 5755390# at the scheduled time. (cmadr, ) |
Filing 13 NOTICE of Entry of Appearance by Lindsay Kathleen McManus on behalf of Behavior Analyst Certification Board, Inc.Attorney Lindsay Kathleen McManus added to party Behavior Analyst Certification Board, Inc.(pty:pla) (McManus, Lindsay) |
Filing 12 CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent Behavior Analyst Certification Board, Inc. for Behavior Analyst Certification Board, Inc.. (Sabey, Mark) |
Filing 11 NOTICE of Entry of Appearance by Mark Lynn Sabey on behalf of Behavior Analyst Certification Board, Inc.Attorney Mark Lynn Sabey added to party Behavior Analyst Certification Board, Inc.(pty:pla) (Sabey, Mark) |
Filing 10 Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (trvo, ) |
Filing 9 MEMORANDUM RETURNING CASE by Senior Judge Lewis T. Babcock on 5/19/2022. This case is randomly reassigned to Magistrate Judge N. Reid Neureiter. All future pleadings should be designated as 22-cv-01247-NRN. (trvo, ) |
Filing 8 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (jtorr, ) |
Filing 7 Case assigned to Judge Lewis T. Babcock and drawn to Magistrate Judge Scott T. Varholak. Text Only Entry. (jtorr, ) |
Filing 6 AFFIDAVIT of Service of Summons and Complaint upon Misty J. Kieschnick on 04/20/2022. (jtorr, ) |
Filing 5 AFFIDAVIT of Service of Summons and Complaint upon Larry D. Kieschnick on 04/20/2022. (jtorr, ) |
Filing 4 COMPLAINT against Global Institute of Behavioral Practitioners and Examiners, The, Larry Kieschnick, Misty Kieschnick, Michael Moates, filed by Behavior Analyst Certification Board, Inc.(jtorr, ) |
Filing 3 FIRST AND FINAL NOTICE TO ALL ATTORNEY(S) AND UNREPRESENTED PARTIES IN REMOVED, TRANSFERRED, OR OTHER CASES. To receive any further notice in a case removed or transferred to this court, or special matters including discovery disputes, bankruptcy appeals, or withdrawals of reference, Multi-district litigation (MDL), etc., all attorneys and unrepresented parties must enter an appearance under D.C.COLO.LAttyR 5(a). An attorney must be an active member of this court's bar and be in good standing in accordance with D.C.COLO.LAttyR 3. A waiver of the fee for bar admission may apply in limited situations. (Text Only Entry) (jtorr, ) |
Filing 2 MOTION to Appoint Limited Representation Counsel , MOTION for Order to Appoint Limited Representation Counsel by Defendants Larry Kieschnick, Misty Kieschnick, Michael Moates, The Global Institute of Behavioral Practitioners and Examiners. (Attachments: #1 Proposed Order (PDF Only) [Proposed] Order Granting Leave to Provide Limited Scope Representation Pursuant to D.C.Colo. Lattyr 2(B)(1) and Lattyr 5(A))(Champagne, Martin) |
Filing 1 NOTICE OF REMOVAL by Larry Kieschnick, Misty Kieschnick, Michael Moates, The Global Institute of Behavioral Practitioners and Examiners from District Court, Jefferson County, Colorado, Case Number 2022CV30428. (Filing fee $ 402, Receipt Number BCODC-8466261) Attorney Martin J. Champagne, Jr added to party Larry Kieschnick(pty:dft), Misty Kieschnick(pty:dft), Michael Moates(pty:dft), and The Global Institute of Behavioral Practitioners and Examiners(pty:dft). (Attachments: #1 Civil Cover Sheet, #2 State Court Complaint, #3 State Court Civil Cover Sheet, #4 State Court Summons, #5 State Court Summons, #6 State Court Summons, #7 State Court Summons, #8 State Court Civil Procedure Order, #9 State Court Waiver and Acceptance of Service, #10 State Court Waiver and Acceptance of Service, #11 State Court Affidavit of Service, #12 State Court Affidavit of Service)(Champagne, Martin) Modified to correct text on 5/19/2022 (jtorr, ). |
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