United States District Court

EASTERN DISTRICT OF TEXAS

Behavior Analyst Certification Board

Plaintiffs

v.

Dr Michael oat s. istv K eschnick. and th , J 7 

Global Institute for Behavior Practitioners and

Examiners

Defendants

Case No.: 4:23-cv-00194-ALM

JURY TRIAL DEMANDED

FILED

AUG 0 3 2023

Clerk, U.S. District Court

Eastern District of exas

MOTION TO DISMISS

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DEFENDANT DR. MICHAEL MOATES 

REPLY TO THE MOTION

FOR DEFAULT JUDGEMENT

Case 4:23-cv-00194-ALM Document 37 Filed 08/03/23 Page 1 of 5 PageID #: 293
I, Dr. Michael Moates, the defendant in the above-captioned case, submit this response to the

Motion for Clerk's Entry of Default filed by the plaintiff, the Behavior Analyst Certification

Board, Inc. ("BACB"), on 28 July 2023.1 deny the allegations against me in the motion and

provide the following facts and infon ation supporting my response.

1. On May 22, 2023, a person showed up at my residence. I could not identify him as he

was not wearing any uniform or identification and did not identify himself when

knocking on the door.

2. Given the suspicious nature of the encounter, I exercised caution and did not open my

door. The individual went through my packages, causing me to feel threatened and

alarmed, as no one should tamper with my personal belongings. See Exhibit A.

3. Additionally, this person covered my peephole and security cameras, further intensifying

my concerns for my safety. See Exhibit B, I immediately contacted the Fort Worth Police

Department, who arrived on the scene, but the individual had already left. My neighbor

informed me that this person had loitered and trespassed on the property for an extended

period.

4. On May 22, 2023, the same individual returned to my home, banging on my door at 6:56

AM, which alarmed and th eatened me due to his previous suspicious behavior. I did not

answer the door. See Exhibit C.

5. As I walked my dog outside around 10:40 AM, I was hit in the head from behind with

what appeared to be documents. I admit I did not see what hit me, but there was what

appeared to be a white paper on the ground. I saw someone chasing after me, and I ran

away, not knowing who it was. I felt threatened and immediately ran back to my

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Case 4:23-cv-00194-ALM Document 37 Filed 08/03/23 Page 2 of 5 PageID #: 294
apartment to safety. Once I was in the apartment, the person through the documents at my

oor. See Exhibit D. The documents thrown at me were unreadable and dama ed as they

landed in a puddle of water on my porch and were further stuck to the pavement. The

unreadable documents had a metal clip attached; I believe this was the second attempt to

hit me in the head with it. I ask the court to note that when the documents were thrown, I

was already inside the apartment due to the threatening nature of the unidentified man. I

am attaching a photo of the Ring Doorbell's location; if you compare Exhibit D and E,

you will see him through them, nd I was already inside. See Exhibit E,

6. I contacted the Fort Worth Police Department again, and an officer arrived on the scene to

take a report of the incidents and my injuries.

7. I went to urgent care, where they observed a lump on my head from what is believed to

be the metal clip on the documents. As a result of these incidents, I experienced panic

attacks, anxiety, and physical injuries, which led me to seek medical attention and

treatment. I was put on an advanced antianxiety medication and antidepressant after this

happened.

8. I want to inform this court that I am terrified and feel unsafe by the actions of the

Behavior Analyst Certification Board, James Carr, Hall, Render, Killian, Heath & Lyman,

Attorneys Mark Lynn Sabey, Lindsay Kathleen McManus, Brandon Scott Kulwicki,

James Hatcher, and Stealth Process. Attorneys for the Defendants tried to intimidate me

on the phone and say that this behavior was acceptable when it was not. The Behavior

Analyst Certification Board and Hall, Render, Killian, Heath & Lyman. A Motion for

Sanctions is forthcoming.

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9. In this case, I have not been adequately served with the Summons and Complaint, and the

documents thrown at me during the second encounter were unreadable, renderin any

service invalid.

10.1 refute the allegations made by the plaintiffs process server regarding his attempts at

service, as they are inconsistent with the events that transpired on both occasions.

11. The process seiver's actions, including trespassing, loitering, and obstruction of

correspondence, were illegal and violated various statutes. See Exhibit F.

12. The plaintiffs process server intentionally hid and manipulated the situation to deceive

and intimidate me, causing significant emotional distress and harm. See Exhibit G.

13. The plaintiffs assertions regarding successful seivice are incorrect, as I was inside my

apartment then, and the documents were unreadable and damaged.

14. Regarding service by mail under #10 of their default request, I was and have not been

served via certified mail. If you look under their Exhibit B, you will note some thin s.

First, in the signature box, it says box. Not sure what box this was left in, but it was not

delivered to me. The office did not have it, and it was not in my mailbox. Furthermore,

that is not my signature or handwritin . Finally, someone wrote 716 on the document, but

the correct apartment was 710. If it pleases this court, I am willing to have a forensic

analyst compare 3rd party applications of my handwriting to this document. I would ask

that since the burden to seive is on the Plaintiffs, they are responsible for this cost. But I

was and have not been served via mail.

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Case 4:23-cv-00194-ALM Document 37 Filed 08/03/23 Page 4 of 5 PageID #: 296
I request that the court deny the plaintiffs Motion for the Clerk's Entry of Default and that the

court Dismiss all claims against Michael Moates as stated in the ORDER GOVERNING

PROCEEDINGS (page 6). It is f r past 90 days since the onset of this suit.

Very Respectfully,

Zs/ Michael Moates, EdD, Pro Se

4501 Nautilus Circle #710

Fort Worth, Texas

254-966-2837

mike@cpmht.com

CERTIF CATE OF SERVICE

The undersigned certifies that on June 9, 2023, a true and correct copy of the foregoing

was served upon the following:

Brandon Kulwicki

Hall Render Killian Heath & Lyman, PC

603 Munger Avenue, Suite 350

Dallas, TX 75202

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