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 

REQUEST FOR CLERK’S ENTRY OF DEFAULT 

Plaintiff, the Behavior Analyst Certification Board, Inc. (“the BACB”), by and through its 

attorneys, moves the clerk to enter default against Defendant Michael Moates (“Moates”) and 

Defendant The Global Institute of Behavioral Practitioners and Examiners (“GIBPE”) pursuant to 

F.R.C.P. 55(a) and, as such, states the following: 

1. On March 10, 2023, the BACB filed this action. This is an action in which a

judgment for affirmative relief in the form of monetary damages and injunctive relief has been 

sought against Moates, Defendant Misty Kieschnick (“Kieschnick”), and the GIBPE. 

2. On May 26, 2023, Kieschnick filed a responsive pleading to the BACB’s Complaint

after obtaining an extension of time from the Court. (Dkt. 22). Kieschnick is therefore not subject 

to this Motion. 

3. Moates was personally served with the Summons and Complaint on May 22, 2023.

An Affidavit of Service was filed May 26, 2023 (Dkt. 20). 

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4. The GIBPE was served with the Summons and Complaint on May 22, 2023, by 

personally serving Moates, a Director of the GIBPE. An Affidavit of Service was filed on May 26, 

2023 (Dkt. 19). 

5. The GIBPE was also served with the Summons and Complaint on May 19, 2023, 

by personally serving Kieschnick, who was also a Director of the GIBPE. An Affidavit of Service 

was filed on May 30, 2023 (Dkt. 25). Kieschnick has challenged that serving the GIBPE through 

her was improper. (Dkt. 23), though service on Moates renders this issue moot as described in 

paragraph 4 above and in the BACB’s Response to Notice of Improper Service (Dkt. 26). 

6. On May 22, 2023, Moates sent emails to counsel for the BACB stating that he did 

not believe that he was properly served, but that he could be served “by first-class mail or other 

reliable means.” See Exhibit A. Texas Rule of Civil Procedure 106 provides “(a) Unless the 

citation or court order otherwise directs, the citation must be served by: ... (2) mailing to the 

defendant by registered or certified mail, return receipt requested, a copy of the citation and of the 

petition.” And, F.R.C.P. 4(e)(1) provides that individuals can be served by “following state law 

for serving a summons...” 

7. As mentioned above, Moates was served individually and on behalf of the GIBPE 

on May 22, 2023. However, to satisfy Moates that he and the GIBPE had been served and to avoid 

any further dispute, in accordance with Texas Rule of Civil Procedure 106, the BACB delivered 

to Moates the Service Packets for both Moates and the GIBPE via certified mail, return receipt 

requested, on May 30, 2023. See Exhibit B. Moates signed for the Service Packets to complete the 

delivery. See id. 

8. At the earliest, the GIBPE was served on May 19, 2023. At the latest, the GIBPE 

was served on May 30, 2023. 

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9. At the earliest, Moates was served on May 22, 2023. At the latest, Moates was 

served on May 30, 2023. 

10. The undersigned has also sent Moates copies of the initial pleadings in this case via 

email. Moates has clearly received notice of this lawsuit by multiple means, and he and the GIBPE 

have been properly served in two ways. 

11. As of this filing, Moates and the GIBPE have failed to plead or otherwise defend 

as provided under the Federal Rules of Civil Procedure. That is well beyond the deadline for 

response (21 days after service of the summons and complaint). F.R.C.P. 12(a)(1). 

12. An Affidavit In Support of Clerk’s Entry of Default accompanies this Motion. 

13. F.R.C.P. 55(a) provides that the Clerk shall enter default when a party against 

whom a judgment for affirmative relief is sought has failed to plead or otherwise defend. 

WHEREFORE, Plaintiff moves to have the Clerk enter default against Moates and the 

GIBPE. 

Respectfully submitted this 2nd 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 

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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 

CERTIFICATE OF SERVICE 

The undersigned certifies that on August 2, 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 

4891-9201-7007v3 

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