IN THE UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF TEXAS 

BEHAVIOR ANALYST CERTIFICATION 

BOARD, INC., 

 Plaintiff, 

v. 

MICHAEL MOATES, an individual; 

MISTY KIESCHNICK, an individual; and 

THE GLOBAL INSTITUTE OF BEHAVIORAL 

PRACTITIONERS AND EXAMINERS, 

 Defendants. 

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Civil Action No. 4:23-cv-00194-ALM 

PLAINTIFF’S INITIAL DISCLOSURE 

 Pursuant to Rule 26(a)(1) of the Federal Rules of Civil Procedure, Plaintiff, by and through 

its attorneys, hereby serves its Initial Disclosures as follows: 

Produced Documents 

Documents can be downloaded using the following link: 

https://hallrender.sharefile.com/d-se3cc58232a2a491eb31f71c7d6371c2b 

A. WITNESSES 

 The following individuals are likely to have discoverable information relevant to Plaintiff’s 

claims and defenses: 

1. Michael Moates, Defendant. Mr. Moates will have knowledge and information 

concerning the events and circumstances surrounding Plaintiff’s claims and related issues that are 

the basis of this lawsuit. 

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2. Misty Kieschnick, Defendant. Ms. Kieschnick will have knowledge and 

information concerning the events and circumstances surrounding Plaintiff’s claims and related 

issues that are the basis of this lawsuit. 

3. Officers, Directors, Representatives of The Global Institute of Behavioral 

Practitioners and Examiners, (GIBPE) Defendant. These individuals will have knowledge and 

information concerning the events and circumstances surrounding Plaintiff’s claims and related 

issues that are the basis of this lawsuit. 

4. All witnesses disclosed by other parties in this matter. 

5. Any person necessary to lay the foundation for documents or authenticate 

documents. 

6. Any person necessary to clarify any issue and any person necessary for rebuttal or 

impeachment. 

7. Any person named in the documents relevant to this lawsuit. 

 There may be additional individuals with knowledge of discoverable information relevant 

to the disputed facts alleged in the pleadings who will be disclosed pursuant to Plaintiff’s 

continuing obligation to supplement its disclosures pursuant to F.R.C.P. 26(e) upon their discovery 

by the Plaintiff. 

B. DOCUMENTS 

 The following documents, electronically stored information, and tangible things may be 

used to support Plaintiff’s claims and defenses: 

1. Defendant Kieschnick’s comment on the Virginia Regulatory Town Hall, 03/16/22 

(BACB-Moates-0001) 

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2. Defendants’ letter to member of the United States Congress, Executive Branch, 

State Boards, and Additional Bodies concerning Plaintiff, 04/11/22 (BACBMoates-0002 to 0022) 

3. Plaintiff’s cease and desist letter to Defendants, 04/08/22 (BACB-Moates-0023 to 

0029) 

4. Moates’ RBT certification correspondence (BACB-Moates-0030 to 0063) 

5. Email from Larry Kieschnick, 04/21/22 (BACB-Moates-0064) 

6. Nicholson payment for courses (BACB-Moates-0065 to 0068) 

7. GIBPE State Registry (BACB-Moates-0069) 

8. GIBPE Colorado Registrants (BACB-Moates-0070 to 0167) 

9. Emails and Twitter post by Michael Moates to BACB employees and/or agents 

(BACB-Moates-0168 to 0271) 

10. GIBPE’s infringing marks (BACB-Moates-0272) 

11. Publication Timeline with underlying posts (BACB-Moates-0273 to 0380) 

12. Defendants’ public postings, comments, articles, and other social media that 

promulgate and perpetuate falsehoods or otherwise defame Plaintiff including but 

not limited to: 

a. GIBPE’s website (https://gibpe.org) 

b. Virginia Board of Medicine public comments 

c. Virginia Regulatory Town Hall 

d. Newsbreak articles authored by Defendants (https://original.newsbreak.com) 

e. Twitter 

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13. Other correspondence that may exist that were threatened by Defendants including 

those to: ACLU, members of the press, candidates across the country for Governor, 

Attorney General, state and federal legislature. 

14. Documents in Defendants’ possession 

 There may be additional categories of documents, data compilations and tangible things in 

the possession, custody, or control of the Plaintiff and its counsel which are relevant to the disputed 

facts alleged in the pleadings and which will be used to support the Plaintiff’s claims and defenses 

in this matter which will be disclosed pursuant to Plaintiff’s continuing obligation to supplement 

its disclosures pursuant to F.R.C.P. 26(e). 

C. DAMAGES 

 Because the statements made by the Defendants are defamation per se, damages are 

presumed. Plaintiff is seeking the following damages: 

1. Punitive damages in an amount deemed just and appropriate by the factfinder(s); 

2. Exemplary damages in an amount deemed just and appropriate by the factfinder(s); 

3. Compensatory damages in an amount deemed just and appropriate by the 

factfinder(s); 

4. Interest that may be applicable pre- and post-judgment; 

5. Costs incurred by the Plaintiff as a result of this action; 

6. Any other relief deemed appropriate. 

Additionally, Defendants have made defamatory statements about Plaintiff to, at minimum, 

six state regulatory bodies (but others might be discovered through the course of this litigation) 

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that are at the very core of the BACB’s credibility. Plaintiff estimates Defendants caused Plaintiff 

damages in the amount of $30,000 per state regulatory body. 

 Plaintiff reserves the right to amend and supplement this list of damages as circumstances 

may develop and information relevant to these damages may become available. 

D. INSURANCE 

 Plaintiff is unaware of insurance coverage that may be liable to satisfy all or part of a 

possible judgment in this action or to indemnify or reimburse for payments made to satisfy the 

judgment. 

E. PRIVILEGE-REDACTION LOG 

 Plaintiff makes no disclosure pursuant to F.R.C.P. 26(b)(5) as to attorney-client, attorney 

work-product, and matters prepared in anticipation of litigation, as these matters are protected from 

discovery and disclosure. This includes, but is not limited to, matters related to consulting experts. 

Materials prepared by counsel for Plaintiff in anticipation of litigation, and information prepared 

by the Plaintiff at the direction of counsel, are all protected and privileged from disclosure based 

upon the attorney-client and the attorney work-product privileges, as well as the applicable 

provisions of F.R.C.P. 26(b)(3) [trial preparation materials] and pertinent case law. 

 The inadvertent production of any document, writing or other tangible thing that is not 

subject to disclosure or discovery is not intended to, nor shall it affect the waiver of any potentially 

applicable privilege or immunity from discovery/disclosure. If such material is inadvertently 

produced, request is made to the person or the party receiving the information to return the material 

to Plaintiff’s counsel immediately, without reading, reproducing or sharing it with others, in 

conformance with all applicable principals. 

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 Respectfully submitted this 15th day of August, 2023. 

HALL, RENDER, KILLIAN, HEATH & LYMAN, P.C. 

s/ Mark L. Sabey 

Mark L. Sabey, pro hac vice 

Lindsay K. McManus, pro hac vice

999 17th Street, Suite 800, Denver, CO 80202 

303-801-3538 / marksabey@hallrender.com 

303-802-1293 / lmcmanus@hallrender.com 

and 

Brandon S. Kulwicki 

HALL, RENDER, KILLIAN, HEATH & LYMAN, P.C. 

603 Munger Avenue, Suite 350, Dallas, TX 75202 

P: 214-615-2025 / F: 214-615-2001 

bkulwicki@hallrender.com 

ATTORNEYS FOR PLAINTIFF 

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CERTIFICATE OF SERVICE 

 The undersigned certifies that on August 15, 2023, a true and correct copy of the foregoing 

was served upon the following: 

Misty Kieschnick

9448 Castlewood Dr. 

Fort Worth, TX 76131 

m.kieschnick@att.net 

Defendant – pro se 

Michael Moates 

4501 Nautilus Circle, Apt. 710 

Fort Worth, TX 76106 

mike@cpmht.com

Defendant – pro se 

The Global Institute of Behavioral Practitioners and Examiners 

4501 Nautilus Circle, Apt. 710 

Fort Worth, TX 76106 

mike@cpmht.com

Defendant – pro se 

s/ Crystal J. Sebastiani 

Crystal J. Sebastiani, Paralegal 

4875-9867-1219v1 

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