Behavior Analyst Certification Board, Inc. v. Moates et al
| Behavior Analyst Certification Board, Inc. |
| Michael Moates, Misty Kieschnick and The Global Institute of Behavioral Practitioners and Examiners |
| 4:2023cv00194 |
| March 10, 2023 |
| US District Court for the Eastern District of Texas |
| Amos L Mazzant |
| Assault Libel & Slander |
| 28 U.S.C. § 1332 Diversity-Libel,Assault,Slander |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on September 12, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 46 RESPONSE to Motion re #43 MOTION to Dismiss filed by Behavior Analyst Certification Board, Inc.. (Sabey, Mark) |
| ***FILED IN ERROR BY ATTORNEY - ATTORNEY TO REFILE. Document # 45, RESPONSE. PLEASE IGNORE.*** (baf, ) |
| Filing 45 ***PLEASE DISREGARD - FILED IN ERROR BY ATTORNEY - ATTORNEY TO REFILE***RESPONSE to Motion re #43 MOTION to Dismiss filed by Behavior Analyst Certification Board, Inc.. (Sabey, Mark) Modified on 9/12/2023 (baf, ). |
Filing 44
ORDER GOVERNING PROCEEDINGS: Rule 26 Meeting Report due by 10/13/2023. Rule 16 Management Conference SET for 10/31/2023 at 09:00 AM in Ctrm 208 (Sherman) before District Judge Amos L. Mazzant III. Signed by District Judge Amos L. Mazzant, III on 09/08/2023. (jmb)
|
| Filing 43 AMENDED MOTION to Dismiss by Michael Moates. (Attachments: #1 Index of Exhibits, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F)(jmb) Modified text on 8/28/2023 (jmb). |
| Filing 42 RESPONSE to Motion re #37 MOTION to Dismiss for Failure to Serve and Reply to the Motion for Default Judgment filed by Behavior Analyst Certification Board, 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, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14)(Sabey, Mark) |
| Filing 41 NOTICE by Behavior Analyst Certification Board, Inc. of Service of Plaintiff's Initial Rule 26(a)(1) Disclosure (Sabey, Mark) |
| Filing 40 NOTICE by Behavior Analyst Certification Board, Inc. re #38 Order,,, Terminate Deadlines and Hearings,, was served upon Defendants (Sabey, Mark) |
| Filing 39 NOTICE of Discovery Disclosure by Behavior Analyst Certification Board, Inc. of Plaintiff's Initial Rule 26(a)(1) Disclosure (Sabey, Mark) |
|
Filing 38
ORDER. The Court entered its Order Governing Proceedings (Dkt. #33 ), which directed the parties to hold a Rule 26(f) conference no later than July 18, 2023, and file joint report of attorney conference by August 1, 2023. The record reflects that no joint report has been filed. Furthermore, the Court is unable to ascertain from the docket of this case whether the Order Governing Proceedings was mailed to any pro se parties. It is therefore ORDERED that the August 16, 2023 Scheduling Conference is CANCELLED. The Court will enter an Amended Order Governing Proceedings; the parties are directed to comply with the requirements set forth therein. Signed by District Judge Amos L. Mazzant, III on 08/11/2023. (jmb)
|
| Filing 37 MOTION to Dismiss for Failure to Serve and Reply to the Motion for Default Judgement by Michael Moates. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(rpc, ) |
| Filing 36 Request by Behavior Analyst Certification Board, Inc. for Clerk's Entry of Default against Michael Moates, The Global Institute of Behavioral Practitioners and Examiners. (Attachments: #1 Affidavit/Declaration Affidavit in Support of Clerk's Entry of Default, #2 Exhibit Exhibit A, #3 Exhibit Exhibit B)(Sabey, Mark) |
| Filing 35 STATUS REPORT re: Joint Report of Attorney Conference by Behavior Analyst Certification Board, Inc.. (Sabey, Mark) |
| NOTICE of Deficiency regarding #34 Request for Clerk's Entry of Default: INCORRECT DOCKET EVENT. Correction should be made by ONE BUSINESS DAY. (mcg, 4) |
| Filing 34 ***FILING ERROR - ATTORNEY TO REFILE - PLEASE IGNORE*** MOTION for Default Judgment as to Defendants Michael Moates and The Global Institute of Behavioral Practitioners and Examiners by Behavior Analyst Certification Board, Inc.. (Attachments: #1 Exhibit A - Moates Emails, #2 Exhibit B - Certified Mail Receipt, #3 Affidavit/Declaration Regarding Military Service, #4 Additional Attachment(s) to Declaration Regarding Military Service)(Sabey, Mark) Modified on 8/1/2023 (mcg, 4). |
|
Filing 33
ORDER GOVERNING PROCEEDINGS. Rule 26 Meeting Report due by 8/1/2023. Rule 16 Management Conference set for 8/16/2023 at 09:30 AM in Ctrm 208 (Sherman) before District Judge Amos L. Mazzant III. Signed by District Judge Amos L. Mazzant, III on 6/27/2023. (mcg)
|
| Filing 32 REPLY to Response to Motion re #22 MOTION to Dismiss filed by Misty Kieschnick. (Attachments: #1 Envelope)(jmb) |
| Filing 31 REPLY to #26 RESPONSE to #23 Notice of Improper Service filed by Misty Kieschnick. (Attachments: #1 Envelope)(jmb) |
| Filing 30 REPLY to Response to Motion re #24 MOTION to Stay filed by Misty Kieschnick. (Attachments: #1 Envelope)(jmb) |
| Filing 29 Additional Attachments to Main Document: #27 Response to Motion.. (Attachments: #1 Exhibit, #2 Exhibit)(Sabey, Mark) |
| Filing 28 RESPONSE to Motion re #24 MOTION to Stay Deadlines filed by Behavior Analyst Certification Board, Inc.. (Sabey, Mark) |
| Filing 27 RESPONSE to Motion re #22 MOTION to Dismiss filed by Behavior Analyst Certification Board, Inc.. (Sabey, Mark) |
| Filing 26 RESPONSE to #23 Notice (Other) of Improper Service filed by Behavior Analyst Certification Board, Inc.. (Sabey, Mark) |
| Filing 25 SUMMONS Returned Executed by Behavior Analyst Certification Board, Inc.. The Global Institute of Behavioral Practitioners and Examiners served on 5/19/2023, answer due 6/12/2023. (Sabey, Mark) |
| Filing 24 MOTION to Stay Deadlines by Misty Kieschnick. (Attachments: #1 Envelope)(mcg, ) |
| Filing 23 NOTICE of Improper Service by Misty Kieschnick (Attachments: #1 Envelope)(mcg) |
| Filing 22 MOTION to Dismiss by Misty Kieschnick. (Attachments: #1 Envelope)(mcg, ) |
| Filing 21 SUMMONS Returned Executed by Behavior Analyst Certification Board, Inc.. The Global Institute of Behavioral Practitioners and Examiners served on 5/22/2023, answer due 6/12/2023. (Sabey, Mark) |
| Filing 20 SUMMONS Returned Executed by Behavior Analyst Certification Board, Inc.. Michael Moates served on 5/22/2023, answer due 6/12/2023. (Sabey, Mark) |
| Filing 19 SUMMONS Returned Executed by Behavior Analyst Certification Board, Inc.. (Sabey, Mark) |
| Filing 18 SUMMONS Returned Executed by Behavior Analyst Certification Board, Inc.. Misty Kieschnick served on 3/14/2023, answer due 5/30/2023; Michael Moates served on 5/22/2023, answer due 6/12/2023; The Global Institute of Behavioral Practitioners and Examiners served on 5/22/2023, answer due 6/12/2023. (Sabey, Mark) |
| Filing 17 ***FILING ERROR - ATTORNEY TO REFILE - PLEASE IGNORE***AFFIDAVIT of Service for Summons, Complaint, Exhibits A - D served on The Global Institute of Behavioral Practitioners and Examiners on 05/19/2023, filed by Behavior Analyst Certification Board, Inc.. (Sabey, Mark) Modified on 5/24/2023 (mcg, ). |
| Filing 16 ***FILING ERROR - ATTORNEY TO REFILE - PLEASE IGNORE***AFFIDAVIT of Service for Summons, Complaint, Exhibits A - D served on The Global Institute of Behavioral Practitioners and Examiners on 05/22/2023, filed by Behavior Analyst Certification Board, Inc.. (Sabey, Mark) Modified on 5/24/2023 (mcg, ). |
| Filing 15 ***FILING ERROR - ATTORNEY TO REFILE - PLEASE IGNORE***AFFIDAVIT of Service for Summons, Complaint, Exhibits A - D served on Michael Moates as an individual on 05/22/2023, filed by Behavior Analyst Certification Board, Inc.. (Sabey, Mark) Modified on 5/24/2023 (mcg, ). |
| Filing 14 ***FILING ERROR - ATTORNEY TO REFILE - PLEASE IGNORE***AFFIDAVIT of Service for Summons, Complaint, Exhibits A - D served on Misty Kieschnick as an individual on 03/14/2023, filed by Behavior Analyst Certification Board, Inc.. (Sabey, Mark) Modified on 5/24/2023 (mcg, ). |
| Filing 13 ACKNOWLEDGMENT OF RECEIPT by Misty Kieschnick as to #12 Order. (mcg, ) |
|
Filing 12
ORDER granting #9 Emergency Motion for Extension to File Response to Plaintiff's Petition. It is ORDERED that Defendant Misty Kieschnick's deadline to respond to Plaintiffs Complaint is extended to May 30, 2023. Signed by District Judge Amos L. Mazzant, III on 4/17/2023. (mcg, )
|
| Answer Due Deadline Updated for Misty Kieschnick to 5/30/2023. (mcg, ) |
| Filing 11 RESPONSE to Motion re #9 MOTION for Extension of Time to File Answer re #1 Complaint,, filed by Behavior Analyst Certification Board, Inc.. (Sabey, Mark) |
| Filing 10 CORPORATE DISCLOSURE STATEMENT filed by Behavior Analyst Certification Board, Inc. (Sabey, Mark) |
| Filing 9 MOTION for Extension of Time to File Answer re #1 Complaint, by Misty Kieschnick. (Attachments: #1 Envelope(s))(rpc, ) |
| Filing 8 NOTICE of Attorney Appearance - Pro Hac Vice by Lindsay Kathleen McManus on behalf of Behavior Analyst Certification Board, Inc.. Filing fee $ 100, receipt number ATXEDC-9407783. (McManus, Lindsay) |
| Filing 7 NOTICE of Attorney Appearance - Pro Hac Vice by Mark Lynn Sabey on behalf of Behavior Analyst Certification Board, Inc.. Filing fee $ 100, receipt number ATXEDC-9407755. (Sabey, Mark) |
| NOTICE of Deficiency regarding #5 and #6 : Applications to Appear Pro Hac Vice: INCORRECT DOCKET EVENT. Correction should be made by ONE BUSINESS DAY. (mcg, ) |
| Filing 6 ***FILING ERROR - ATTORNEY TO REFILE - PLEASE IGNORE***NOTICE by Behavior Analyst Certification Board, Inc. Application to Appear Pro Hac Vice (McManus, Lindsay) Modified on 3/17/2023 (mcg, ). |
| Filing 5 ***FILING ERROR - ATTORNEY TO REFILE - PLEASE IGNORE***NOTICE by Behavior Analyst Certification Board, Inc. Application to Appear Pro Hac Vice (Sabey, Mark) Modified on 3/17/2023 (mcg, ). |
| Filing 4 SUMMONS Issued as to The Global Institute of Behavioral Practitioners and Examiners. (mcg, ) |
| Filing 3 SUMMONS Issued as to Misty Kieschnick. (mcg, ) |
| Filing 2 SUMMONS Issued as to Michael Moates. (mcg, ) |
| Case Assigned to District Judge Amos L. Mazzant, III. (mcg, ) |
| In accordance with the provisions of 28 USC Section 636(c), you are hereby notified that a U.S. Magistrate Judge of this district court is available to conduct any or all proceedings in this case including a jury or non-jury trial and to order the entry of a final judgment. The form #Consent to Proceed Before Magistrate Judge is available on our website. All signed consent forms, excluding pro se parties, should be filed electronically using the event Notice Regarding Consent to Proceed Before Magistrate Judge. (mcg, ) |
| Filing 1 COMPLAINT Complaint against All Defendants ( Filing fee $ 402 receipt number BTXEDC-9395746.), filed by Behavior Analyst Certification Board, Inc.. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Civil Cover Sheet Civil Cover Sheet, #6 Summons(es) GIBP Summons, #7 Summons(es) Kieschnick Summons, #8 Summons(es) Moates Summons)(Kulwicki, Brandon) (Attachment 1 replaced on 3/11/2023) (rpc, ). (Attachment 2 replaced on 3/11/2023) (rpc, ). (Attachment 3 replaced on 3/11/2023) (rpc, ). (Attachment 4 replaced on 3/11/2023) (rpc, ). |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Texas Eastern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
