From: Dr. Michael Moates <mike@cpmht.com>

Sent: Monday, May 22, 2023 5:13 PM

To: Sabey, Mark L.; misty@bacb.com; melissa@bacb.com; carr@bacb.com

Cc: McManus, Lindsay K.; Sebastiani, Crystal J.

Subject: Re: FW: Rule 408

hahahahaha your email is laughable. 

I don't care what BACB was involved with. Here I will 

correct it for the record. 

"BACB filed a lawsuit and their attorneys sent a process 

server who assaulted me, stalked me, etc" 

"Process Server Hired By BACB Attorney Arrested for 

Assault" (when the time comes) 

"Process Server Hired By BACB induces severe panic attack 

during traumatic event" 

"Opinion: The BACB should Find Attorneys Who Hire 

Process Servers Who Don't Attack and Chase People" 

I have NOT been served. The documents he threw at me 

are soaking wet and cannot be read. I have not received 

the documents from the process server. They were thrown 

at my head and ended up in a puddle. I did not accept 

them, and he did not hand them to me. Service has not 

been accomplished, and I am fully prepared to take this to 

the Supreme Court. You do not accomplish service by 

throwing a document at someone's head and getting it in a 

puddle of water where it cannot be read. 

Also, when I spoke with your colleague this morning, she 

said the service had not been completed and suggested 

Case 4:23-cv-00194-ALM Document 36-2 Filed 08/02/23 Page 1 of 10 PageID #: 282
that I waive the service. I do not. At this point, unreadable 

documents destroyed by water do not provide me fair 

notice of the claims against me. At this point, I have not 

been served. 

To meet the elements of service, the following must be 

included: 

Contents. A summons must:

(A) name the court and the parties; 

(B) be directed to the defendant; 

(C) state the name and address of the plaintiff's attorney or—if unrepresented—of the 

plaintiff; 

(D) state the time within which the defendant must appear and defend; 

(E) notify the defendant that a failure to appear and defend will result in a default 

judgment against the defendant for the relief demanded in the complaint; 

(F) be signed by the clerk; and 

(G) bear the court's seal. 

Since none of the information could be read (I have a 

time-stamped photo), it is impossible to have this 

information. But lucky for you, mLocal Rules permit 

this: (G) be sent by first-class mail or other reliable 

means. You have my approval. At which point, I will waive 

service upon arrival. 

On another note, you are not entitled to the video until we 

get to the discovery phase. I'll keep that from you until 

that time. If you want it now, get a court order. You'll also 

need to keep all evidence from the server's side. I will be 

filing criminal charges against the process server which by 

the way the police officer said he broke the law and that a 

Case 4:23-cv-00194-ALM Document 36-2 Filed 08/02/23 Page 2 of 10 PageID #: 283
recommendation to prosecute would be made. I am in 

contact with the District Attorneys' Office. 

For the record, I have not tried to escape anything. Other 

than today, I did not know a process server had come out. 

Even today, I did not know until he threw the documents 

at me and said you have been served. That is because he 

did not identify himself, he was just chasing me. In fact, 

the video I have proves that. I only became aware that the 

process server who covered my security cameras and peep 

hole was a process server after a neighbor told me. You 

might want to read the Texas Harassment Statute. 

I will file a separate lawsuit against your client for personal 

injury, emotional distress, assault, and more. Your client 

will be the Defendant not you. You and the process server 

are working on their behalf and are their agents. Thus, the 

buck stops with them. 

Let's try an article like this. 

James Carr is the head of the BACB. The BACB filed a 

lawsuit against me. Their attorneys, working on their 

behalf, hired a process server who came to my home and 

covered my security cameras to make me feel alarmed in 

violation of the Texas Harassment statute. The process 

server returned did not identify himself, threw a metal 

object at my head, and cursed at me as he ran away. 

I will make this known, and I have no problem making the 

video public, with the water-damaged documents, police 

report, and disclosing everyone's names who participated. 

Case 4:23-cv-00194-ALM Document 36-2 Filed 08/02/23 Page 3 of 10 PageID #: 284
I will not be threatened in my own home. I would not 

recommend coming back. You have been told how you can 

serve me. But until then, I have not been given notice of 

any lawsuit. I have a bunch of water-damaged pieces of 

paper that are unreadable. You tell me you have sued me 

but don't tell me where and have not provided me a copy 

of the petition that is readable so I can't respond without 

knowing the information. 

Please let your client know the following: 

- I plan on filing with the Trademark Trial and Appeal 

Board to have a few of their trademarks struck down, and 

that service is forthcoming. 

- In the coming days, I will file a lawsuit in federal court to 

challenge any BACB law only for violation of the First 

Amendment for forced association whereby other 

alternatives exist, especially when the BACB does not 

respect those with religious views that conflict with theirs. 

Hope it was worth it. 

- I have begun collecting information from government 

entities about them. Specifically, every email sent to 

various entities from the domain name "@bacb.com" It's 

actually very intriguing. God Bless, the Freedom of 

Information Act and various state equivalents. 

I look forward to being served via postal mail. 

PS... you claim he "tossed them" is that what you call 

throwing a metal object at someone's head? Tossing to me 

would be tossing something with the intent of hitting the 

ground. In the photos I sent you, you can see he intended 

Case 4:23-cv-00194-ALM Document 36-2 Filed 08/02/23 Page 4 of 10 PageID #: 285
to hit my head as he aimed high rather than toward the 

ground. 

Tread carefully, the waters are about to get deep. I can't 

wait for the jury. 

On Mon, May 22, 2023 at 5:28 PM Sabey, Mark L. <marksabey@hallrender.com> wrote:

Mr. Moates,

We contacted you about accepting service, but you would not respond, so my firm was forced to send a third party

process server. BACB was not involved in that decision. Based on the process server’s reports to us, you refused to

answer your door and tried to escape being served each time he started to approach you. Since you would not allow

him to hand you the papers, but instead were trying to retreat into your apartment, he tossed the papers to you.  You

have now been  served, and we can proceed with this litigation. Since service has been accomplished, the process

server will not be making any further attempts to serve you on my firm’s behalf. You will receive the affidavit of service

prepared by our process server in due course.   

  

In the meantime, if you defame BACB or accuse BACB of actions it did not take, you will be reducing your credibility and

subjecting yourself to additional liability. Since you have threatened litigation based on process service, we hereby

demand that you preserve all evidence, including the entire video and audio files and medical records, if any, related to

the events of this morning. In court, any destruction of evidence would likely result in the court instructing the jury to

presume that the evidence was contrary to your claims. Please send me a copy of the video and audio from your

camera as soon as possible, and anything else you think is relevant to my firm’s evaluation of whether your version of

the facts is accurate.  

  

Sincerely,

  

Mark L. Sabey | Attorney 

marksabey@hallrender.com | vCard | @hallrender on Twitter 

Hall, Render, Killian, Heath & Lyman, P.C. 

DENVER D: (303) 801-3538 | C: (303) 995-5131 | F: (303) 801-3537 

This message and any attachments are confidential and are subject to the attorney-client privilege and the privilege relating to attorney-client work product. It is intended only 

for the named recipient(s) and may be exempt from disclosure under other applicable law, as well. If you are not the intended recipient(s), you are notified that any disclosure, 

copying, distribution or any action taken or omitted to be taken in reliance on the contents of this information is prohibited and may be unlawful. If you receive this message in 

error, or are not the named recipient(s), please notify the sender, delete this e-mail from your computer, and destroy any copies in any form immediately. Receipt by anyone 

other than the named recipient(s) is not a waiver of any attorney-client, work product, or other applicable privilege. Hall Render hereby claims all applicable privileges related 

to this information. 

  

From: McManus, Lindsay K. <LMcManus@hallrender.com>  

Sent: Monday, May 22, 2023 12:43 PM

To: Sabey, Mark L. <marksabey@hallrender.com>

Case 4:23-cv-00194-ALM Document 36-2 Filed 08/02/23 Page 5 of 10 PageID #: 286
Cc: Sebastiani, Crystal J. <CSebastiani@hallrender.com>

Subject: FW: Rule 408

  

FYI.

  

Lindsay K. McManus | Attorney 

lmcmanus@hallrender.com | vCard | @hallrender on Twitter 

Hall, Render, Killian, Heath & Lyman, P.C. 

DENVER D: (303) 802-1293 | F: (303) 801-3537 

This message and any attachments are confidential and are subject to the attorney-client privilege and the privilege relating to attorney-client work product. It is intended only 

for the named recipient(s) and may be exempt from disclosure under other applicable law, as well. If you are not the intended recipient(s), you are notified that any disclosure, 

copying, distribution or any action taken or omitted to be taken in reliance on the contents of this information is prohibited and may be unlawful. If you receive this message in 

error, or are not the named recipient(s), please notify the sender, delete this e-mail from your computer, and destroy any copies in any form immediately. Receipt by anyone 

other than the named recipient(s) is not a waiver of any attorney-client, work product, or other applicable privilege. Hall Render hereby claims all applicable privileges related 

to this information. 

  

From: Dr. Michael Moates <mike@cpmht.com>  

Sent: Monday, May 22, 2023 12:39 PM

To: Kulwicki, Brandon S. <BKulwicki@hallrender.com>; McManus, Lindsay K. <LMcManus@hallrender.com>;

carr@bacb.com; Gibson, Rebecca S. <RGibson@hallrender.com>; misty@bacb.com; melissa@bacb.com

Subject: Rule 408

  

Your client will accept my offer or not... but I have it here 

for you. I am in distress, crying, my heart racing, and I 

am in a panic, scared to leave my home. I am sore from 

the incident.

They have until 7 PM CST today to tell me they will 

dismiss this case. If not, I will file separate litigation for 

assault, harassment, emotional distress, destruction of 

property, and stalking. 

I started posting the video and saying that the BACB's 

process server was attacking me and it would not look 

Case 4:23-cv-00194-ALM Document 36-2 Filed 08/02/23 Page 6 of 10 PageID #: 287
good. I have 175k Twitter Followers and will contact 

members of the media. 

I will submit it in the official record in our current 

proceedings, which will be on the docket forever. They 

hired someone who tortured my dog and I making us fear 

for our lives.

I will hire an attorney for personal injury. I will also go 

public and be careful so there are no libel claims.

The BACB hired this man, who came to my home and did 

this. Then talk about my crying, panic attack, the police 

and police report, etc. This was a traumatic experience for 

me, and I can't believe your client would go about it this 

way. It is just wrong. I had some negative feelings about 

the BACB, but this was beyond anything I could have ever 

expected to happen to me personally.

I am going to the ER to look at where I am sore and talk 

with them about my panic attacks. I have to wait till a 

friend comes because I don't feel safe leaving my home 

alone for fear that I might have someone else who could 

chase me and attempt to hit me with something.

Case 4:23-cv-00194-ALM Document 36-2 Filed 08/02/23 Page 7 of 10 PageID #: 288
My heart continues to race, and I am terrified to leave my 

home now, fearing that someone else might do what he 

did to me on your behalf. 

So that you know, I have a video recording, and you can 

hear the thump from the metal hitting the wall the second 

time he threw it. I have attached a few screen grabs for 

you to review. In the screengrabs, you can clearly see the 

metal piece flying through the air. That is what hit me. 

End this now, please before it gets dirty. Stop sending 

men who cover up my security cameras and peephole 

(have this on video too), who chase me, assault me, 

threaten me, attempt to assault me, stalk me, harass me, 

and more. I shouldn't have to fear you. I shouldn't be 

crying and panicking now, worried about leaving home.

Assuming I am up to it this evening (after the 7PM clock 

expires) (I am feeling very sore, not to mention my racing 

heart rate from the panic), I will drive up to the court and 

give them a copy to the court and ask for a protective 

order and sanctions.

Please provide me the information of the process server 

you sent.

Case 4:23-cv-00194-ALM Document 36-2 Filed 08/02/23 Page 8 of 10 PageID #: 289
Please don't hurt me, I will take whatever you want but I 

don't want to get hurt. I am very scared.

  

‐‐  

As always, you can book a session by going to https://bookmike.org or by clicking here.

  

Very Respectfully,

  

Doctor Michael S. Moates, EdD*

Licensed Clinical Psychologist

Adjunct Professor of Psychology

  

E: Mike@cpmht.com | P: 254-966-2837

  

"Yesterday is not ours to recover, but tomorrow is ours to win or to lose."

  

*Typically, it is improper to use the term Doctor while also using the nominal letters, however, state law requires me to tell you 

specifically what kind of Doctor I am.*

‐‐  

As always, you can book a session by going to https://bookmike.org or by clicking here.

Very Respectfully,

Doctor Michael S. Moates, EdD*

Licensed Clinical Psychologist

Adjunct Professor of Psychology

E: Mike@cpmht.com | P: 254-966-2837

Case 4:23-cv-00194-ALM Document 36-2 Filed 08/02/23 Page 9 of 10 PageID #: 290
"Yesterday is not ours to recover, but tomorrow is ours to win or to lose."

*Typically, it is improper to use the term Doctor while also using the nominal letters, however, state law requires me to tell you 

specifically what kind of Doctor I am.*

Case 4:23-cv-00194-ALM Document 36-2 Filed 08/02/23 Page 10 of 10 PageID #: 291