Behavior Analyst Certification Board, Inc. et al v. Pelaez Elvirez
| Behavior Analyst Certification Board, Inc., NCS Pearson, Inc., d/b/a Pearson Vue and NCS Pearson, Inc. doing business as Pearson Vue |
| Marta Pelaez Elvirez |
| 1:2021cv22833 |
| August 3, 2021 |
| US District Court for the Southern District of Florida |
| Beth Bloom |
| Jonathan Goodman |
| Defend Trade Secrets Act (of 2016) |
| Defendant |
Docket Report
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Filing 62
ORDER ON PLAINTIFF'S MOTION FOR ATTORNEYS' FEES AND COSTS. ORDER granting #61 Motion for Attorney Fees. Signed by Judge Beth Bloom on 4/28/2023. See attached document for full details. (nan)
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| Filing 61 Plaintiff's MOTION for Attorney Fees by Behavior Analyst Certification Board, Inc.. Responses due by 4/24/2023 (Attachments: #1 Exhibit Declaration of Todd R. Legon, Esq., #2 Exhibit Declaration of Steven E. Tiller, Esq.)(Legon, Todd) |
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Filing 60
ORDER TAXING COSTS. ORDER granting #56 Motion for Bill of Costs. Signed by Judge Beth Bloom on 3/30/2023. See attached document for full details. (nan)
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| Filing 59 Clerk's Notice to Filer re #57 Response in Support of Motion. Wrong Event Selected; ERROR - The Filer selected the wrong event. The document was re-docketed by the Clerk, see [de#58]. It is not necessary to refile this document. (ls) |
| Filing 58 MEMORANDUM in Support re #56 Plaintiff's MOTION for Bill of Costs by Behavior Analyst Certification Board, Inc.. (ls)(See Image at DE #57 ) |
| Filing 57 RESPONSE in Support re #56 Plaintiff's MOTION for Bill of Costs Memorandum of Law in Support of Bill of Costs filed by Behavior Analyst Certification Board, Inc.. (Legon, Todd) |
| Filing 56 Plaintiff's MOTION for Bill of Costs by Behavior Analyst Certification Board, Inc.. Responses due by 3/24/2023 (Legon, Todd) |
| Filing 55 FINDINGS OF FACT AND CONCLUSIONS OF LAW Final Judgment shall be entered in favor of Plaintiff Behavior Analyst Certification Board, Inc. and against Defendant in the amount of $144,810.00, plus post judgment interest at the legal rate from the entry of judgment until paid pursuant to 28 U.S.C. 1961; The Court will enter Final Judgment separately; The Court reserves jurisdiction to award Plaintiffs' reasonable fees and costs. Signed by Judge Beth Bloom on 2/7/2023. See attached document for full details. (nan) Modified text on 2/8/2023 (nan). |
| Filing 54 FINAL JUDGMENT in favor of Behavior Analyst Certification Board, Inc., NCS Pearson, Inc. against Marta Pelaez Elvirez Closing Case. Final Judgment is entered in favor of Plaintiffs and against Defendant; Final Judgment shall be entered in favor of Plaintiff Behavior Analyst Certification Board, Inc. and against Defendant in the amount of $144,810.00, plus post-judgment interest at the legal rate from the entry of judgment until paid pursuant to 28 U.S.C. 1961. The Clerk shall CLOSE this case. Signed by Judge Beth Bloom on 2/7/2023. See attached document for full details. (nan) |
| Filing 53 TRIAL EXHIBITS Index of Exhibits Admitted into Evidence at Trial 1, 3-9, 12 by Behavior Analyst Certification Board, Inc., NCS Pearson, Inc.. Related document: 52 Order to Show Cause,,, #38 Scheduling Order,,. (Attachments: #1 Exhibit Pl. Ex. 1 - The BACB Registered Technician Handbook, #2 Exhibit Pl. Ex. 3 - Pearson License and Site Access Terms, #3 Exhibit Pl. Ex. 4 - Pearson Privacy Policy Acceptance, #4 Exhibit Pl. Ex. 5 - Copyright Registration Certificates, #5 Exhibit Pl. Ex. 6 - Email Tip, #6 Exhibit Pl. Ex. 7 - Study Guide Attached to Email Tip, #7 Exhibit Pl. Ex. 8 - Investigative Case Review, #8 Exhibit Pl. Ex. 9 - Response Similarity Analysis, #9 Exhibit Pl. Ex. 12 - BACB & BACB Property, Inc. 2020 Budget)(Legon, Todd) |
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Filing 52
PAPERLESS ORDER TO SHOW CAUSE THIS CAUSE is before the Court upon a sua sponte review of the record. On November 14, 2022, the Court entered an Order Scheduling Trial and Order of Instructions Before Calendar Call, ECF No. #38 (Pretrial Order). The Pretrial Order requires that no later than ten (10) days following the conclusion of trial the parties electronically file all exhibits admitted into evidence. The Court held a non-jury trial on Damages on January 18, 2023. The deadline to file all exhibits was January 30, 2023. Plaintiffs failed to file their exhibits or to request an extension of time in which to do so. Accordingly, it is ORDERED AND ADJUDGED that Plaintiffs must electronically file the exhibits admitted at trial no later than February 3, 2023. Signed by Judge Beth Bloom (sgr)
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| Filing 51 Proposed Findings of Fact and Proposed Conclusions of Law Notice of Filing by Behavior Analyst Certification Board, Inc., NCS Pearson, Inc.. (Attachments: #1 Text of Proposed Order Order - Proposed Findings of Fact and Conclusions of Law)(Legon, Todd) |
| Filing 50 PAPERLESS Minute Entry for proceedings held before Judge Beth Bloom: Bench Trial on Damages held on January 18, 2023. Todd R. Legon and William F. Rhodes appeared on behalf of Plaintiffs. Defendant did not appear. Witness Melissa Nosik testified. Plaintiffs shall file proposed findings of fact and law on or before January 30, 2023. Total time in court: 1 hour 10 minutes. Court Reporter: Yvette Hernandez, 305-523-5698 / Yvette_Hernandez@flsd.uscourts.gov. (sgr) |
| Filing 49 Exhibit List Amended by Behavior Analyst Certification Board, Inc., NCS Pearson, Inc... (Legon, Todd) |
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Filing 48
PAPERLESS ORDER granting #45 Motion for Substitution of Counsel. Attorney Martin B. Goldberg representing Behavior Analyst Certification Board, Inc. (Plaintiff) and NCS Pearson, Inc. (Plaintiff); Attorney Benjamin Ross Shiekman representing Behavior Analyst Certification Board, Inc. (Plaintiff) and NCS Pearson, Inc. (Plaintiff) terminated. All further pleadings, papers and correspondence in this action to Plaintiffs' Behavior Analyst Certification Board, Inc. and NCS Pearson, Inc., doing business as Pearson Vue, shall be sent to: Todd R. Legon, Esq. and William F. Rhodes, Esq., Legon Fodiman & Sudduth, P.A., 3225 Aviation Avenue, Suite 301, Miami, Florida 33133. Signed by Judge Beth Bloom (BB)
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Filing 47
PAPERLESS ORDER granting ECF No. #46 Motion to Bring Electronic Equipment into the Courtroom. Plaintiffs, through their counsel Todd R. Legon, Esq. and William F. Rhodes, Esq., are permitted to bring in and use an HP Spectre laptop computer at trial on Wednesday, January 18, 2023. Signed by Judge Beth Bloom (sgr)
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| Filing 46 Plaintiff's MOTION to Bring Electronic Equipment into the courtroom by Behavior Analyst Certification Board, Inc., NCS Pearson, Inc.. Responses due by 1/27/2023 (Attachments: #1 Exhibit Proposed Order)(Legon, Todd) |
| Filing 45 Stipulation/Motion for Substitution of Counsel by Behavior Analyst Certification Board, Inc., NCS Pearson, Inc.. (Legon, Todd) Modified to convert document to a motion on 1/11/2023 (ls). |
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Filing 44
Minute Entry for proceedings held before Judge Beth Bloom: and MINUTE ORDER Signed by Judge Beth Bloom. Plaintiff's Motion to Strike Defendant's Pleadings and Plaintiff's Motion for Entry of Default were granted for reasons stated on the record. The trial on damages is set to commence on January 18, 2023, at 9:30 a.m. at 400 North Miami Avenue, Miami, Florida 33128, Courtroom 10-2 before Judge Beth Bloom. Total time in court: 5 minutes. Attorney Appearance: Todd R. Legon. Court Reporter: Yvette Hernandez, 305-523-5698 / Yvette_Hernandez@flsd.uscourts.gov. (sgr)
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| Filing 43 PAPERLESS NOTICE of Hearing: **TIME CHANGE ONLY** Calendar Call set for 1/10/2023 AT 01:15 PM in the Miami Division, 400 North Miami Avenue, Courtroom 10-2, before Judge Beth Bloom. (ego) |
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Filing 42
MAGISTRATE JUDGE GOODMAN'S DISCOVERY PROCEDURES ORDER. Signed by Magistrate Judge Jonathan Goodman on 1/6/2023. See attached document for full details. (fbn)
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Filing 41
ORDER OF RECUSAL. Magistrate Judge Alicia M. Otazo-Reyes recused. Case reassigned to Magistrate Judge Jonathan Goodman for all further proceedings Signed by Magistrate Judge Alicia M. Otazo-Reyes on 1/4/2023. See attached document for full details. (vjk)
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| Filing 40 NOTICE of Compliance by Behavior Analyst Certification Board, Inc., NCS Pearson, Inc. re #38 Scheduling Order,, (Attachments: #1 Exhibit Proposed Jury Instructions, #2 Exhibit Proposed Verdict Form) (Legon, Todd) |
| Filing 39 NOTICE of Attorney Appearance by Todd R. Legon on behalf of Behavior Analyst Certification Board, Inc., NCS Pearson, Inc.. Attorney Todd R. Legon added to party Behavior Analyst Certification Board, Inc.(pty:pla), Attorney Todd R. Legon added to party NCS Pearson, Inc.(pty:pla). (Legon, Todd) |
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Filing 38
ORDER SCHEDULING TRIAL AND ORDER OF INSTRUCTIONS BEFORE CALENDAR CALL: SCHEDULING ORDER: Jury Trial set for 1/17/2023 09:00 AM in Miami Division before Judge Beth Bloom. Calendar Call set for 1/10/2023 01:45 PM in Miami Division before Judge Beth Bloom. Signed by Judge Beth Bloom on 11/14/2022. See attached document for full details. (nan) #Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here.
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Filing 37
ORDER denying #36 Motion for Entry of Default; denying #36 Motion for Summary Judgment. Signed by Judge Beth Bloom on 10/12/2022. See attached document for full details. (ls)
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| Filing 36 Plaintiff's MOTION for Clerk's Entry of Default as to Marta Pelaez Elvirez, Plaintiff's MOTION for Summary Judgment ( Responses due by 10/26/2022) by NCS Pearson, Inc., Behavior Analyst Certification Board, Inc.. (Attachments: #1 Exhibit Declaration of Melissa R. Nosik, PhD)(Shiekman, Benjamin) |
| Filing 35 RESPONSE TO ORDER TO SHOW CAUSE re #34 Order to Show Cause by NCS Pearson, Inc., Behavior Analyst Certification Board, Inc.. (Attachments: #1 Exhibit)(Shiekman, Benjamin) |
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Filing 34
ORDER TO SHOW CAUSE Show Cause Response due by 8/26/2022. Signed by Judge Beth Bloom on 8/19/2022. See attached document for full details. (ebz)
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Filing 33
ORDER granting #32 Motion to Withdraw as Attorney. Louis V. Martinez representing Pelaez Elvirez, Marta (Defendant) withdrawn from case. Deadline to obtain new counsel 8/15/2022. Signed by Judge Beth Bloom on 8/9/2022. See attached document for full details. (ls)
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| Filing 32 Unopposed MOTION to Withdraw as Attorney by Louis V. Martinez for / by Marta Pelaez Elvirez. Responses due by 8/23/2022 (Attachments: #1 Text of Proposed Order)(Martinez, Louis) |
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Filing 31
ORDER Scheduling Mediation before John W. Salmon. Mediation Hearing set for 8/15/2022 02:00 PM. Signed by Judge Beth Bloom on 3/30/2022. See attached document for full details. (jas)
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| Filing 30 Supplemental NOTICE of Mediator Selection and Hearing. Selected/Added John W. Salmon as Mediator. Mediation Hearing set for 08/15/2022 at 2 p.m.. (Attachments: #1 Text of Proposed Order Order Scheduling Mediation)(Shiekman, Benjamin) |
| Filing 29 NOTICE of Mediation Hearing. John W. Salmon Selected/Added John W. Salmon as Mediator. Mediation Hearing set for 8/15/2022 at 2:00pm. (Salmon, John) |
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Filing 28
PAPERLESS ORDER THIS CAUSE is before the Court upon a sua sponte review of the record. On February 17, 2022, the Court ordered the parties to jointly file a proposed order scheduling mediation, setting forth their selected mediator pursuant to Local Rule 16.2, and a time, date, and place for mediation. ECF No. #24 ("Scheduling Order "). On March 24, 2022, the parties filed a notice of mediator selection, but did not designate a date, time, and location for the mediation. ECF No. #27 ("Notice"). Accordingly, it is ORDERED AND ADJUDGED that no later than March 31, 2022, the parties shall file a supplemental notice and proposed order scheduling mediation, as required by the Scheduling Order. Failure to comply will result in sanctions, including, but not limited to, dismissal without prejudice without further notice.The parties are reminded that pursuant to the procedures outlined in the CM/ECF Administrative Procedures, the proposed order is also to be emailed to bloom@flsd.uscourts.gov in Word format. The CM/ECF Administrative Procedures may be viewed at http://www.flsd.uscourts.gov. All other deadlines set forth in the Scheduling Order shall remain strictly in place. Signed by Judge Beth Bloom (mk00)
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| Filing 27 NOTICE by Behavior Analyst Certification Board, Inc., NCS Pearson, Inc. Regarding Mediation (Shiekman, Benjamin) |
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Filing 26
PAPERLESS ORDER granting ECF No. #25 Joint Motion for Extension of Time to Schedule Mediation. The Parties shall select a mediator, schedule a time, date, and place for mediation, and file a joint notice and proposed order scheduling mediation on or before March 24, 2022. Signed by Judge Beth Bloom (mk00)
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| Filing 25 Joint MOTION for Extension of Time to Mediate by Behavior Analyst Certification Board, Inc., NCS Pearson, Inc.. (Attachments: #1 Text of Proposed Order Proposed Order)(Shiekman, Benjamin) |
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Filing 24
ORDER SETTING TRIAL AND PRE-TRIAL SCHEDULE, REQUIRING MEDIATION, AND REFERRING CERTAIN MATTERS TO MAGISTRATE JUDGE: (Amended Pleadings due by 4/18/2022., Discovery due by 9/2/2022., Expert Discovery due by 9/2/2022., Joinder of Parties due by 4/18/2022., In Limine Motions due by 10/12/2022., Dispositive Motions due by 10/12/2022., Pretrial Motions due by 10/12/2022., Joint Pretrial Stipulation due by 1/3/2023., Jury Trial set for 1/17/2023 09:00 AM in Miami Division before Judge Beth Bloom., Calendar Call set for 1/10/2023 01:45 PM in Miami Division before Judge Beth Bloom.), ORDER REFERRING CASE to Mediation. (Mediation Deadline 10/4/2022.), ORDER REFERRING CASE to Magistrate Judge Alicia M. Otazo-Reyes for Discovery Matters. Signed by Judge Beth Bloom on 2/17/2022. See attached document for full details. (jas)
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| Filing 23 Joint SCHEDULING REPORT - Rule 26(f) by Behavior Analyst Certification Board, Inc., NCS Pearson, Inc. (Shiekman, Benjamin) |
| Filing 22 Plaintiff's Corporate Disclosure Statement and Certificate of Interested Persons by NCS Pearson, Inc. identifying Corporate Parent Pearson PLC, Corporate Parent PN Holdings, Inc for NCS Pearson, Inc. (Shiekman, Benjamin) |
| Filing 21 Clerks Notice to Filer re #20 Certificate of Other Affiliates/Corporate Disclosure Statement. Other Affiliates/Corporate Parents Not Entered; ERROR - The Filer failed to enter all Other Affiliates/Corporate Parents from the Certificate of Other Affiliates/Corporate Disclosure Statement. Filer is instructed to refile their Certificate of Other Affiliates/Corporate Disclosure Statement and enter the missing Other Affiliates/Corp Parents, PN Holdings, Inc., and Pearson PLC,. Note - Other Affiliates/Corporate Parents do not appear on the docket sheet. (jas) |
| Filing 20 Plaintiff's Corporate Disclosure Statement and Certificate of Interested Persons by NCS Pearson, Inc. (Shiekman, Benjamin) |
| Filing 19 Plaintiff's Corporate Disclosure Statement and Certificate of Interested Persons by Behavior Analyst Certification Board, Inc. (Shiekman, Benjamin) |
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Filing 18
ORDER REQUIRING SCHEDULING REPORT AND CERTIFICATES OF INTERESTED PARTIES. Signed by Judge Beth Bloom on 1/31/2022. See attached document for full details. (jas)
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Filing 17
ORDER OF RECUSAL. Senior Judge James Lawrence King recused. Case reassigned to Judge Beth Bloom for all further proceedings. Signed by Senior Judge James Lawrence King on 1/28/2022. See attached document for full details. (yar)
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| Filing 16 FIRST ANSWER and Affirmative Defenses to Complaint with Jury Demand by Marta Pelaez Elvirez. (Martinez, Louis) |
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Filing 15
PAPERLESS ORDER Granting #14 Second Motion for Extension of Time to File Answer to a Complaint or Other Case Initiating Document Marta Pelaez Elvirez. Answer due 1/27/2022. Signed by Senior Judge James Lawrence King on 10/1/2021. (jw)
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| Filing 14 Second MOTION for Extension of Time to File Response/Reply/Answer by Marta Pelaez Elvirez. (Attachments: #1 Exhibit)(Martinez, Louis) |
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Filing 13
PAPERLESS ORDER Granting #12 Motion for Extension of Time to File Answer to a Complaint or Other Case Initiating Document Marta Pelaez Elvirez. Answer due 9/30/2021. Signed by Senior Judge James Lawrence King on 8/30/2021. (jw)
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| Filing 12 Unopposed MOTION for Extension of Time to File Response/Reply/Answer by Marta Pelaez Elvirez. (Martinez, Louis) |
| Filing 11 NOTICE of Attorney Appearance by Louis V. Martinez on behalf of Marta Pelaez Elvirez. Attorney Louis V. Martinez added to party Marta Pelaez Elvirez(pty:dft). (Martinez, Louis) |
| Filing 10 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by NCS Pearson, Inc., Behavior Analyst Certification Board, Inc.. Marta Pelaez Elvirez served on 8/7/2021, answer due 8/30/2021. (Goldberg, Martin) |
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Filing 9
ORDER Granting #8 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Steven E. Tiller, Esq.. Signed by Senior Judge James Lawrence King on 8/18/2021. See attached document for full details. (jw)
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| Filing 8 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Steven E. Tiller. Pay.gov Agency Tracking ID FLSDC-14933944. Filing Fee $ 200.00 by Behavior Analyst Certification Board, Inc., NCS Pearson, Inc.. Responses due by 8/31/2021 (Attachments: #1 Text of Proposed Order Order Granting Motion to Appear Pro Hac Vice)(Goldberg, Martin) |
| Filing 7 NOTICE of Striking #5 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Steven E. Tiller. Filing Fee $ 200.00 Receipt # AFLSDC-14933944 filed by Behavior Analyst Certification Board, Inc., NCS Pearson, Inc. by Behavior Analyst Certification Board, Inc., NCS Pearson, Inc. (Goldberg, Martin) |
| Filing 6 Clerks Notice to Filer re #5 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Steven E. Tiller. Filing Fee $ 200.00 Receipt # AFLSDC-14933944. Login/Signature Block Violation; CORRECTIVE ACTION REQUIRED - The name of attorney e-filing this document via their CM/ECF login does not match the name of attorney on the signature block of the document. The name used for login must match the typed name on signature block of the document. This filing is a violation of Section 3J(1) of CM/ECF Admin Procedures and Local Rule 5.1(b). Filer must File a Notice of Striking, then refile document pursuant to CM/ECF Admin Procedures and Local Rules. (kpe) |
| Filing 5 STRICKEN MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Steven E. Tiller. Filing Fee $ 200.00 Receipt # AFLSDC-14933944 by Behavior Analyst Certification Board, Inc., NCS Pearson, Inc.. Responses due by 8/31/2021 (Attachments: #1 Text of Proposed Order Order Granting Motion to Appear Pro Hac Vice)(Shiekman, Benjamin) Modified on 8/18/2021 per DE #7 Notice (kpe). |
| Filing 4 Clerks Notice to Filer re: Electronic Case. Alias Not Added. The Filer failed to add the alias information for the party(ies). The correction was made. It is not necessary to re-file this document. (bb) |
| Filing 3 Summons Issued as to Marta Pelaez Elvirez. (bb) (Main Document 3 replaced on 8/5/2021) (bb). Modified on 8/5/2021 to reflect corrected document (bb). |
| Filing 2 Clerks Notice of Judge Assignment to Senior Judge James Lawrence King. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Jacqueline Becerra is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (bb) |
| Filing 1 COMPLAINT against Marta Pelaez Elvirez. Filing fees $ 402.00 receipt number AFLSDC-14898536, filed by NCS Pearson, Inc., d/b/a Pearson Vue, Behavior Analyst Certification Board, Inc.. (Attachments: #1 Civil Cover Sheet, #2 Summon(s))(Goldberg, Martin) |
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