Behavior Analyst Certification Board, Inc. et al v. Vera Rodriguez
| Behavior Analyst Certification Board, Inc., NCS Pearson, Inc., d/b/a Pearson Vue, Behavior Analyst Certification Board, Inc. doing business as Pearson Vue and NCS Pearson, Inc. |
| Evelyn Vera Rodriguez |
| 1:2021cv22834 |
| August 3, 2021 |
| US District Court for the Southern District of Florida |
| Jonathan Goodman |
| Robert N Scola |
| Defend Trade Secrets Act (of 2016) |
| Plaintiff |
Docket Report
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Filing 40
Order on Magistrate Judges Report and Recommendations and Entering Final Default Judgment; Affirming and Adopting #38 Report and Recommendations, granting #17 Motion for Default Judgment, granting in part and denying in part #34 Motion for Attorney Fees; granting in part and denying in part #36 Motion for Attorney Fees. Closing Case. Signed by Judge Robert N. Scola, Jr. on 9/23/2022. See attached document for full details. (jas)
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| Filing 39 OBJECTIONS to #38 Report and Recommendations by Behavior Analyst Certification Board, Inc., NCS Pearson, Inc.. (Shiekman, Benjamin) |
| Filing 38 OMNIBUS REPORT AND RECOMMENDATIONS regarding #17 Plaintiffs' Motion for Default Judgment; #34 Plaintiffs' Motion for Attorneys' Fees and Costs; and #36 Plaintiffs' Supplemental Motion for Attorneys' Fees and Costs. Objections to R&R due by 8/12/2022. Signed by Magistrate Judge Jonathan Goodman on 7/29/2022. See attached document for full details. (dw00) |
| Filing 37 REPORT REGARDING Omnibus Report and Recommendation on Plaintiffs' Motions for Default Judgment and for Attorney's Fees by Behavior Analyst Certification Board, Inc., NCS Pearson, Inc. (Attachments: #1 Exhibit 1)(Shiekman, Benjamin) |
| Filing 36 Supplemental MOTION for Attorney Fees and Costs by Behavior Analyst Certification Board, Inc., NCS Pearson, Inc.. Responses due by 5/31/2022 (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Shiekman, Benjamin) |
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Filing 35
ORDER REFERRING #34 Plaintiff's MOTION for Attorney Fees and Costs filed by Behavior Analyst Certification Board, Inc., NCS Pearson, Inc. Motions referred to Magistrate Judge Jonathan Goodman for a report and recommendations. Signed by Judge Robert N. Scola, Jr. on 5/6/2022. See attached document for full details. (pes)
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| Filing 34 Plaintiff's MOTION for Attorney Fees and Costs by Behavior Analyst Certification Board, Inc., NCS Pearson, Inc.. Responses due by 5/9/2022 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Shiekman, Benjamin) |
| Filing 33 TRANSCRIPT of hearing held on 02/23/2022 before Magistrate Judge Jonathan Goodman, Volume Number 1, 1-76 pages, Court Reporter: Sharon Velazco, 305-523-5636 / Sharon_PellVelazco@flsd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/6/2022. Redacted Transcript Deadline set for 5/16/2022. Release of Transcript Restriction set for 7/14/2022. (Pell Velazco, Sharon) |
| Filing 32 Plaintiff's CERTIFICATE of Compliance Re Admitted Evidence by Benjamin Ross Shiekman on behalf of Behavior Analyst Certification Board, Inc., NCS Pearson, Inc. (Shiekman, Benjamin) |
| Filing 31 CLERK'S Notice of Noncompliance: Failure to Electronically File Exhibit(s) sent to Plaintiff Re D.E. #28 Exhibit and Witness List Unless otherwise ordered by the Court, within ten (10) days of the conclusion of a hearing or trial, a party must file in the CM/ECF system (a) an electronic version of each documentary exhibit that the party offered or introduced into evidence and (b) a digital photograph of each non-documentary physical exhibit that the party offered or introduced into evidence. See Local Rule 5.3(b)(3) for exemptions to mandatory electronic filing. Attorney(s)/Party(s) Plaintiff shall file exhibits and a certificate of compliance within three days. Clerk - check for certificate of compliance on 3/18/2022. (rrs) |
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Filing 30
Post-Evidentiary Hearing Administrative Order. Signed by Magistrate Judge Jonathan Goodman on 2/24/2022. See attached document for full details. (dw00)
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| Filing 29 CLERK'S Notice of Policy re Electronic Submission of Exhibit(s) sent to Plaintiff Re D.E. #28 Exhibit and Witness List Local Rule 5.3 provides that within ten (10) days of the conclusion of a hearing or trial, a party must file in CM/ECF an electronic version of most exhibits offered or introduced into evidence. Before electronically filing, the filer must redact any sensitive, confidential, or private information in accordance with Fed. R. Civ. P. 5.2, Fed. R. Crim. P. 49.1, and CM/ECF Administrative Procedures, Section 6, or seek an order from the Court either to seal the exhibit or to exempt the exhibit from electronic filing under subsection (b)(3)(C) of the rule. Failure to electronically file exhibits and the Certificate of Compliance Re Admitted Evidence within ten (10) days may result in the imposition of sanctions. The Local Rule, The Certificate of Compliance Re Admitted Evidence, and the Quick Reference Guide to Electronically Filing Trial Exhibits can be found on the Courts website: http://www.flsd.uscourts.gov (rrs) |
| Filing 28 Exhibit and Witness List. (fbn) |
| Filing 27 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Jonathan Goodman: Zoom Evidentiary Hearing held on 2/23/2022. Witness, Dr. Melissa Nosik sworn and testified. Total time in court: 2 hour(s) : 10 minutes. Attorney Appearance(s): Steven E. Tiller, Other appearances: Alexis Miranda, Emily Schenderlein, and Margaret Bloom. (Digital JG_01_02-23-2022/ Zoom) (fbn) |
| Filing 26 PAPERLESS NOTICE that 25 the February 23, 2022 hearing information was emailed to Defendant at evelynvera82@yahoo.es. Signed by Magistrate Judge Jonathan Goodman on 1/21/2022. (dw00) |
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Filing 25
PAPERLESS ORDER setting a Zoom Evidentiary Hearing re: #17 Plaintiff's MOTION for Default Judgment set for 2/23/2022 at 1:30PM in the Miami Division before Magistrate Judge Jonathan Goodman. All parties will need to download the Zoom App for cell phone, tablet (iPad), and for those using a desktop or a laptop equipped with a webcam to click on the meeting link and install the plug-in when prompted. Then enter the Meeting ID and Password. Each participant needs to log in 10 minutes early, to make sure there are no glitches. The hearing will be conducted via ZOOM, as follows: Join ZoomGov Meeting https://www.zoomgov.com/j/1601210628?pwd=U1dTc1VVa0VDT0pPejdhbnNRd1VLdz09. Meeting ID: 160 121 0628. Passcode: 350814.This Zoom hearing is the digital equivalent of an actual, in-court hearing, so counsel are expected to dress as though they are in an actual federal courtroom.Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the court. Signed by Magistrate Judge Jonathan Goodman on 1/21/2022. (fbn)
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| Filing 24 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Jonathan Goodman: Zoom Evidentiary Hearing held on 1/21/2022. Post-Hearing Administrative Order to follow. Total time in court: 30 minutes. Attorney Appearance(s): Steven E. Tiller, Dr. Melissa R. Nosik, Emily Schneiderlin, and Margaret Bloom. Other appearances: Evelyn Vera Rodriguez (Pro Se). Court Reporter: Sharon Velazco, 305-523-5636 / Sharon_PellVelazco@flsd.uscourts.gov. (Digital JG_01_01-21-2022/ Zoom) (fbn) |
| Filing 23 Exhibit List by Behavior Analyst Certification Board, Inc., NCS Pearson, Inc... (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11)(Shiekman, Benjamin) |
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Filing 22
PAPERLESS ORDER denying without prejudice #21 Plaintiff's Motion to Seal. Plaintiff's motion states that it may offer confidential and proprietary evidence at the hearing. If Plaintiff does in fact offer evidence worthy of under-seal treatment, then it may at that time ask for the relevant portion of the hearing transcript to be sealed. Before that, however, the motion is premature and speculative. Signed by Magistrate Judge Jonathan Goodman on 1/14/2022. (dw00)
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| Filing 21 Plaintiff's MOTION to Seal Portions of Record per Local Rule 5.4 by Behavior Analyst Certification Board, Inc., NCS Pearson, Inc.. (Attachments: #1 Text of Proposed Order Order on Plaintiffs' Motion to Seal Portions of the Record) (Shiekman, Benjamin) |
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Filing 20
PAPERLESS ORDER setting a Zoom Evidentiary Hearing re: #17 Plaintiff's MOTION for Default Judgment set for 1/21/2022 at 1:30PM in the Miami Division before Magistrate Judge Jonathan Goodman. All parties will need to download the Zoom App for cell phone, tablet (iPad), and for those using a desktop or a laptop equipped with a webcam to click on the meeting link and install the plug-in when prompted. Then enter the Meeting ID and Password. Each participant needs to log in 10 minutes early, to make sure there are no glitches. The hearing will be conducted via ZOOM, as follows: Join ZoomGov Meeting https://www.zoomgov.com/j/1601210628?pwd=U1dTc1VVa0VDT0pPejdhbnNRd1VLdz09. Meeting ID: 160 121 0628. Passcode: 350814. This Zoom hearing is the digital equivalent of an actual, in-court hearing, so counsel are expected to dress as though they are in an actual federal courtroom.Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the court. Signed by Magistrate Judge Jonathan Goodman on 1/4/2022. (fbn)
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Filing 19
ORDER scheduling a Zoom evidentiary hearing for January 21, 2022, at 1:30 PM on #17 Plaintiffs' Motion for Default Judgment. Signed by Magistrate Judge Jonathan Goodman on 1/4/2022. See attached document for full details. (dw00)
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Filing 18
ORDER REFERRING #17 Plaintiff's MOTION for Default Judgment filed by Behavior Analyst Certification Board, Inc., NCS Pearson, Inc.. Motions referred to Magistrate Judge Jonathan Goodman for a report and recommendations, consistent with 28 U.S.C. 636(b)(1)(B), Federal Rule of Civil Procedure 72, and Rule 1(d) of the Local Magistrate Judge Rules. Signed by Judge Robert N. Scola, Jr on 9/30/2021. See attached document for full details. (pes)
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| Filing 17 Plaintiff's MOTION for Default Judgment by Behavior Analyst Certification Board, Inc., NCS Pearson, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Goldberg, Martin) |
| Filing 16 NOTICE of Compliance re #15 Order on Default Judgment Procedure, copy of Order has been mailed out via U.S. Mail. (jao) |
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Filing 15
Order on Default Judgment Procedure re #14 Clerks Entry/Non-Entry of Default, the Court orders the Plaintiff to move for Default Judgment by September 27, 2021, consistent with Federal Rule of Civil Procedure 55(b). Evelyn Vera Rodriguez response due 9/27/2021. Signed by Judge Robert N. Scola, Jr on 9/17/2021. See attached document for full details. (jao)
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| Filing 14 Clerks Entry of Default as to Evelyn Vera Rodriguez - Motions Terminated: #13 Motion for Clerks Entry of Default Signed by DEPUTY CLERK on 9/3/2021. (jao) |
| Filing 13 Plaintiff's MOTION for Clerks Entry of Default as to Evelyn Vera Rodriguez by Behavior Analyst Certification Board, Inc., NCS Pearson, Inc.. (Attachments: #1 Exhibit 1)(Goldberg, Martin) |
| Filing 12 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Behavior Analyst Certification Board, Inc., NCS Pearson, Inc.. Evelyn Vera Rodriguez served on 8/7/2021, answer due 8/30/2021. (Goldberg, Martin) |
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Filing 11
PAPERLESS ORDER: The Court grants #10 counsel's motion to appear pro hac vice. Steven E. Tiller, of the law firm of Whiteford, Taylor & Preston, L.L.P., is given permission to appear and participate in this matter as co-counsel on behalf of Behavior Analyst Certification Board, Inc., and NCS Pearson, Inc., dba Pearson Vue. The Clerk is directed to provide this attorney with notification of all electronic filings via the email address set forth in the motion. Signed by Judge Robert N. Scola, Jr. (kbe)
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| Attorney Steven E. Tiller representing Behavior Analyst Certification Board, Inc. (Plaintiff) and NCS Pearson, Inc. (Plaintiff) Activated. (pt) |
| Filing 10 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-14934054. 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 9 NOTICE of Striking #7 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-14934054 filed by Behavior Analyst Certification Board, Inc., NCS Pearson, Inc. by Behavior Analyst Certification Board, Inc., NCS Pearson, Inc. (Goldberg, Martin) |
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Filing 8
PAPERLESS ORDER: For the reasons set forth in the Clerk's notice of noncompliance, the Court denies, without prejudice, #7 counsel's motion to appear pro hac vice. As set forth in the Rules Governing the Admission, Practice, Peer Review, and Discipline of Attorneys, the movant must himself file the motion to appear pro hac vice. Here, the movant is Martin B. Goldberg but the motion was filed by Benjamin Ross Shiekman. Signed by Judge Robert N. Scola, Jr. (kbe)
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| Filing 7 STRICKEN per DE #9 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-14934054 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 (jao). |
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Filing 6
MAGISTRATE JUDGE GOODMAN'S DISCOVERY PROCEDURES ORDER. Signed by Magistrate Judge Jonathan Goodman on 8/6/2021. See attached document for full details. (fbn)
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Filing 5
Order Requiring Discovery and Scheduling Conference and Order Referring Discovery Matters to the Magistrate Judge Jonathan Goodman. Signed by Judge Robert N. Scola, Jr on 8/5/2021. See attached document for full details. (jao)
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| Filing 4 Bar Letter re: Admissions sent to attorney Steven E. Tiller and Dorothy Deng, mailing date August 4, 2021, (pt) |
| Filing 3 Summons Issued as to Evelyn Vera Rodriguez. (jao) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Robert N. Scola, Jr. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Jonathan Goodman 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. (jao) |
| Filing 1 COMPLAINT against Evelyn Vera Rodriguez. Filing fees $ 402.00 receipt number AFLSDC-14898554, filed by Behavior Analyst Certification Board, Inc., NCS Pearson, Inc., d/b/a Pearson Vue. (Attachments: #1 Civil Cover Sheet, #2 Summon(s))(Goldberg, Martin) |
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