COMMONWEALTH OF KENTUCKY FRANKLIN CIRCUIT COURT DIVISION I ELECTRONICALLY FILED

Similar documents
COMMONWEALTH OF KENTUCKY FRANKLIN CIRCUIT COURT CIVIL ACTION NO. 16-CI-389 DIVISION II STATE REPRESENTATIVE MARY LOU MARZIAN

COMMONWEALTH OF KENTUCKY FRANKLIN CIRCUIT COURT DIVISION CIVIL ACTION NO. 18-CI- KENTUCKY STATE LODGE FRATERNAL ORDER OF POLICE

" Jurisdiction & Venue

COMMONWEALTH OF KENTUCKY FRANKLIN CIRCUIT COURT DIVISION CIVIL ACTION NO. 17-CI-

Filing # E-Filed 04/10/ :26:28 AM

Commonwealth of Kentucky Court of Appeals

COMMONWEALTH OF KENTUCKY FRANKLIN CIRCUIT COURT DIVISION CIVIL ACTION NO. 18-CI-

Case: 1:16-cv Document #: 1 Filed: 02/12/16 Page 1 of 16 PageID #:1

Case 1:08-cv Document 1 Filed 10/07/2008 Page 1 of 8

IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE

Case 3:16-cv CRS Document 1 Filed 10/19/16 Page 1 of 12 PageID #: 1

IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF [COUNTY NAME]

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION

Case 2:16-cv RWS Document 1 Filed 10/14/16 Page 1 of 6 PageID #: 1

United States Bankruptcy Court. Northern District of California ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR LEE COUNTY, FLORIDA

Case 1:16-cv Document 1 Filed 03/04/16 Page 1 of 6 PageID #: 1

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION. Plaintiff, Case No: COMPLAINT

COMMONWEALTH OF KENTUCKY FRANKLIN CIRCUIT COURT DIVISION 1 No. 06-CI JUSTICE AND PUBLIC SAFETY CABINET v. OPINION & ORDER

Case 1:18-cv Document 1 Filed 05/30/18 Page 1 of 15 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

Case 6:15-cv Document 1 Filed 04/06/15 Page 1 of 5 PageID #: 1

Case: 5:17-cv DCR Doc #: 1 Filed: 01/06/17 Page: 1 of 5 - Page ID#: 1

Case 1:07-cv MRB Document 6 Filed 11/06/2007 Page 1 of 9 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION

COMMONWEALTH OF KENTUCKY FRANKLIN CIRCUIT COURT DIVISION CIVIL ACTION NO.: ***ELECTRONICALLY FILED***

IN THE COURT OF COMMON PLEAS HAMILTON COUNTY, OHIO : : : : : : : : : : : : : : : : : : : : : : : : : : : :

Case 1:10-cv FJS Document 24 Filed 11/18/11 Page 1 of 4 UNITED STATES DISTRICT COURT DISTRICT OF COLUMBIA

Case 1:18-cv RM Document 1 Filed 04/30/18 USDC Colorado Page 1 of 26 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS VICTORIA DIVISION

2. Defendant is the record owner of certain property consisting of the north half of Lot K and Lot I in Block 58 as shown on the Subdivision Plat.

IN THE SUPERIOR COURT FOR THE STATE OF WASHINGTON IN AND FOR KING COUNTY

Case 4:15-cv RLY-DML Document 1 Filed 07/17/15 Page 1 of 8 PageID #: 1

AGREED MOTION FOR ENTRY OF CONSENT JUDGMENT AND PERMANENT INJUNCTION

MOTION FOR A TEMPORARY RESTRAINING ORDER BARRING DEFENDANTS FROM SCHEDULING PLAINTIFFS EXECUTION DURING THE PENDENCY OF THIS LITIGATION

Case: 3:17-cv GFVT Doc #: 1 Filed: 11/14/17 Page: 1 of 15 - Page ID#: 1

COMMONWEALTH OF KENTUCKY NELSON CIRCUIT COURT 10 th JUDICIAL CIRCUIT CASE NO. CI VERIFIED PETITON FOR WRIT OF MANDAMUS INTRODUCTION

IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR ORANGE COUNTY, FLORIDA

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS LUFKIN DIVISION

12 CVS. Scenic NC, Inc., ) Plaintiff ) ) ) North Carolina Department of MOTION FOR TEMPORARY RESTRAINING ORDER. ) Transportation, ) Defendant )

Case 1:11-cv REB Document 1 Filed 12/15/11 Page 1 of 5

Case 2:17-cv Document 1 Filed 01/12/17 Page 1 of 7 PageID #: 1

Case 4:14-cv DLH-CSM Document 1 Filed 07/29/14 Page 1 of 10

Case 3:16-cv MEJ Document 1 Filed 06/16/16 Page 1 of 6 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA ) ) ) ) ) ) ) ) ) ) ) ) ) )

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF PENNSYLVANIA JOHN JOSEPH BENGIS, an individual,

10/24/2017 4:33:20 PM 17CV46621 IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR MULTNOMAH COUNTY ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

Case 1:15-cv KMM Document 1 Entered on FLSD Docket 02/20/2015 Page 1 of 9

Filing # E-Filed 06/13/ :25:39 PM

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND

FIRST AMENDED COMPLAINT

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF RHODE ISLAND

Case 1:14-cv M-LDA Document 1 Filed 07/23/14 Page 1 of 13 PageID #: 1 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF RHODE ISLAND

Case 2:17-cv EJF Document 2 Filed 10/02/17 Page 1 of 8 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH CENTRAL DIVISION

IN THE CIRCUIT COURT OF THE CITY OF RICHMOND COMPLAINT. COMES NOW, Plaintiff A. Donald McEachin, Senator of Virginia, by counsel, and for

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO EASTERN DIVISION, AKRON

Case 4:17-cv RP-SBJ Document 1 Filed 03/10/17 Page 1 of 10 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF IOWA CENTRAL DIVISION

Plaintiff Privacy Pop, LLC ( Plaintiff ) complains and alleges as follows against Defendant Gimme Gimme, LLC ( Defendant ).

hcm Doc#150 Filed 07/10/15 Entered 07/10/15 19:14:59 Main Document Pg 1 of 8

FILED: NEW YORK COUNTY CLERK 07/26/2013 INDEX NO /2013 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/26/2013

IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS COUNTY DEP AR1MENT - CHANCERY DMSION. ) ) No. CLASS ACTION COMPLAINT

DISTRICT COURT, ELBERT COUNTY, COLORADO 751 Ute Street Kiowa, CO COURT USE ONLY

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA ALEXANDRIA DIVISION ) ) ) ) ) ) ) ) ) ) ) ) VERIFIED COMPLAINT

Case 2:16-cv DN Document 2 Filed 01/15/16 Page 1 of 30

BRIEF IN SUPPORT OF MOTION FOR EMERGENCY PRELIMINARY INJUNCTION: CLOSURE

Case 1:11-cv JHM-HBB Document 1 Filed 12/12/11 Page 1 of 15 PageID #: 1

case 4:12-cv RLM-APR document 10 filed 02/27/12 page 1 of 5 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF INDIANA LAFAYETTE DIVISION

COMMONWEALTH OF KENTUCKY FRANKLIN CIRCUIT COURT DIVISION II CASE NO. 17-CI-1246

IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT, IN AND FOR BROWARD COUNTY, FLORIDA

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK COMPLAINT

Case 1:16-cv UNA Document 1 Filed 04/07/16 Page 1 of 17 PageID #: 1 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE ) ) ) ) ) ) ) ) )

COMMONWEALTH OF KENTUCKY FRANKLIN CIRCUIT COURT CIVIL ACTION NO. 17-CI-1348 DIVISION I JEFFREY C. MAYBERRY, ET AL. KKR & CO., L.P., ET AL.

ALL MATTERS. Name of Professionals Year Admitted Hours Rates Total

IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT IN AND FOR PINELLAS COUNTY, FLORIDA CIVIL ACTION

COMPLAINT FOR DECLARATORY and INJUNCTIVE RELIEF and to REDRESS DEPRIVATION OF CIVIL RIGHTS

COIvIMONlVEALTH OF KENTUCKY FAYETTE CIRCUIT COURT - DIVISION l CIVIL ACTION No. 10-CI-S"S"1 z. COMPLAINT * *

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

Case: 1:18-cv Document #: 1 Filed: 02/21/18 Page 1 of 6 PageID #:1

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MISSOURI CENTRAL DIVISION

FILED: NEW YORK COUNTY CLERK 08/21/2013 INDEX NO /2013 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/21/2013

Filing # E-Filed 02/03/ :01:59 PM

Case 1:17-cv JCH-JHR Document 17 Filed 03/31/17 Page 1 of 9 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO

Case 3:17-cv M Document 1 Filed 07/26/17 Page 1 of 7 PageID 1

Case: 1:18-cv MRB Doc #: 1 Filed: 11/08/18 Page: 1 of 16 PAGEID #: 1 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO

UNITED STATES DISTRICT COURT DISTRICT OF RHODE ISLAND

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF TENNESSEE NASHVILLE DIVISION PLAINTIFF, CASE NO.

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

IN THE CIRCUIT COURT OF THE TENTH JUDICIAL CIRCUIT IN AND FOR POLK COUNTY, FLORIDA CIVIL DIVISION

CASE 0:18-cv Document 1 Filed 07/06/18 Page 1 of 14 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MINNESOTA. Plaintiff, Civil Case No.

UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA CASE NO:

IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT, IN AND FOR BROWARD COUNTY, FLORIDA

Case 9:18-cv RLR Document 1 Entered on FLSD Docket 05/22/2018 Page 1 of 11 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO.

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF RHODE ISLAND. Defendant : COMPLAINT. Parties and Jurisdiction

UNITED STATES DISTRICT COURT

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WISCONSIN. v. Case No. 3:12-cv-686

UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA Harrisburg Division

Case 1:05-cv WMN Document 88 Filed 08/20/2007 Page 1 of 5 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND

IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA

Case 4:14-cv Document 1 Filed in TXSD on 09/08/14 Page 1 of 6

NOTICE OF PROPOSED CLASS ACTION SETTLEMENT

COMPLAINT FOR PATENT INFRINGEMENT. 1. This is an action for direct patent infringement of United States Letters Patent Nos.

Transcription:

COMMONWEALTH OF KENTUCKY FRANKLIN CIRCUIT COURT DIVISION I ELECTRONICALLY FILED CIVIL ACTION NO. 16-CI-00656 ALLISON BALL, in her official capacity as Treasurer of the Commonwealth of Kentucky, INTERVENING PLAINTIFF VS. INTERVENING COMPLAINT FOR DECLARATION OF RIGHTS & PERMANENT INJUNCTION THOMAS K. ELLIOTT 324 Browns Lane Louisville, KY 40207 INTERVENING DEFENDANT Serve: Kevin Chlarson Counsel for Intervening Defendant Middleton Reutlinger 401 South Fourth Street, Suite 2600 Louisville, KY 40202 & MARY HELEN PETER 18 Pembroke Road Louisville, KY 40220 INTERVENING DEFENDANT Serve: Kevin Chlarson Counsel for Intervening Defendant Middleton Reutlinger 401 South Fourth Street, Suite 2600 Louisville, KY 40202 & WILLIAM A. THIELEN, in his official capacity as Executive Director of the Kentucky Retirement Systems 1260 Louisville Road INTERVENING DEFENDANT

& Serve: William A. Thielen Executive Director, Kentucky Retirement Systems 1260 Louisville Road KENTUCKY RETIREMENT SYSTEM 1260 Louisville Road DEFENDANT Serve: William A. Thielen Executive Director, Kentucky Retirement Systems 1260 Louisville Road - AND - Andy Beshear Attorney General of the Commonwealth of Kentucky 700 Capitol Avenue, Suite 118 * * * * * * * * * * * * * * * Comes now the Intervening Plaintiff, Allison Ball, in her official capacity as Treasurer of the Commonwealth of Kentucky, and for her Intervening Complaint herein, states as follows: INTRODUCTION 1. This is an action for declaration of rights and injunctive relief brought by the Intervening Plaintiff, against Intervening Defendants Thomas K. Elliott, Mary Helen Peter, William A. Thielen and the Kentucky Retirement Systems (collectively Intervening Defendants ). 2. The Kentucky State Treasurer is tasked with disbursing public funds, and assuring, to the highest degree possible, that public funds are spent in accordance with the Constitution and laws of the Commonwealth. 2

3. The Intervening Defendants have, in direct violation of Kentucky law, depleted state monies to pay for private litigation. KRS Chapter 61 does not permit the Intervening Defendants to use public resources to attempt to restore a former employee to his position, and the Intervening Defendant s continued efforts to do so must be immediately enjoined, pending final resolution of this case. 4. Due to the nature of the relief requested herein and the risk of diminution of public funds if this matter is not timely resolved, the Treasurer requests an expedited hearing and review of this matter, pursuant to KRS 418.050 and Civil Rule 57. PARTIES 5. The Intervening Plaintiff is the duly elected Treasurer of the Commonwealth of Kentucky, vested with all powers afforded to her by the Constitution and laws of this Commonwealth. The Constitution and laws of the Commonwealth of Kentucky provide the Treasurer with legal standing to raise questions in a court of competent jurisdiction regarding the legality of a claim made for payment from funds held by the Treasury. 6. Intervening Defendant Thomas K. Elliott is a natural person, and a Plaintiff in this case. Intervening Defendant Elliott is a former member of the Kentucky Retirement Systems Board of Trustees ( Board ), 1 who was removed by Governor Matthew G. Bevin pursuant to Executive Order 2016-211, issued on or about April 20, 2016. 7. Intervening Defendant Mary Helen Peter is a natural person, and a Plaintiff in this case. Intervening Defendant was, at the time of the filing of this suit, a member of the Kentucky Retirement Systems Board. Intervening Defendant Peter was elected to the Board by the Kentucky 1 Pursuant to Executive Order 2016-340, issued on June 17, 2016, the Board of Trustees was reorganized as the Board of Directors. 3

Employees Retirement System pursuant to KRS 61.645(1)(d). Intervening Defendant Peter s term of office was not affected by Executive Order 2016-340, which reorganized the Board. 8. Intervening Defendant William A. Thielen is the Executive Director of the Kentucky Retirement Systems. Intervening Defendant Thielen is responsible for day-to-day operations of the Board and, through information and belief, approved payment of the legal expenses at issue herein. 9. Defendant Kentucky Retirement Systems is an agency of the Commonwealth of Kentucky which oversees the Kentucky Employees Retirement System, the State Police Retirement System, and the County Employees Retirement System. Defendant Kentucky Retirement Systems is a named Defendant in this case. JURISDICTION & VENUE 10. Jurisdiction is conferred on this Court pursuant to KRS 23A.010, KRS 418.040, and Civil Rules 57 and 65. 11. The Court has personal jurisdiction over all Intervening Defendants herein. 12. Venue in this judicial district is appropriate as the events giving rise to the claims herein occurred within this judicial district. Moreover, venue is also appropriate pursuant to KRS 452.405. 13. This Intervening Complaint presents an actual, justiciable controversy, which is ripe for review by this Honorable Court. FACTS 14. The foregoing paragraphs are incorporated herein by reference. 15. The Governor may, through the proper use of his executive power, issue Executive Orders which carry the force of law. 4

16. On April 20, 2016, Governor Matthew G. Bevin ( Governor Bevin ) issued Executive Order 2016 211, which removed Intervening Defendant Thomas K. Elliott as a member of the Board of Trustees of the Kentucky Retirement Systems. A true and accurate copy of Executive Order 2016 211 is attached hereto as Exhibit A. 17. Governor Bevin subsequently replaced Intervening Defendant Elliott on the Board. True and accurate copies of Executive Orders 2016 214 and 2016 273 are attached hereto collectively as Exhibit B. 18. On June 17, 2016, Governor Bevin issued Executive Order 2016 340, which reorganized the Board of Trustees as the Board of Directors. A true and accurate copy of Executive Order 2016-340 is attached hereto as Exhibit C. 19. Following his replacement on the Board, Intervening Defendant Elliott, purporting to act both individually and in his official capacity as a member of the Board, filed the present suit in Franklin Circuit Court seeking declaratory and injunctive relief. 20. Intervening Defendant Elliott seeks, inter alia, to have this Honorable Court overturn the Executive Orders of Governor Bevin, and declare that Intervening Defendant Elliott remains a member of the Board. 21. Intervening Defendant Peter joined Intervening Defendant Elliott as a Plaintiff in the present case 22. On or about June 20, 2016, Intervening Defendant Thielen sent a letter to Intervening Defendant Elliott regarding payment of Intervening Defendant Elliott s legal fees for bringing the present suit. A true and accurate copy of the letter from Intervening Defendant Thielen is attached hereto as Exhibit D. 5

23. Intervening Defendant Thielen incorrectly asserts in the letter that Intervening Defendant Elliott is a party to this litigation in your capacity as a member of the Kentucky Retirement Systems Board of Trustees. See Exhibit D, pg. 1. 24. As of the filing of the suit, Intervening Defendant Elliott was not a member of the Board, pursuant to Executive Order 2016 211. 25. Intervening Defendant Thielen informed Intervening Defendant Elliott that the Kentucky Retirement Systems could provide reimbursement for legal fees incurred in bringing this suit. 26. Through information and belief, the Intervening Defendants have to date obtained approval for nearly $50,000.00 in attorney fees to be paid to counsel for Intervening Defendant Elliott. 2 27. The funds used to pay for the attorney fees for the Intervening Defendants are funds held by the State Treasury. 28. The payment of attorney fees on behalf of a former trustee are not appropriate pursuant to KRS 61.645, where the purpose of the litigation is to restore a former trustee to his position. 29. Injunctive relief is necessary to prevent irreparable harm to public funds, which occurs when said funds are impermissibly depleted. 30. The significant depletion of public funds in order to pay outside counsel to restore a former trustee to his position on the Board is not the efficient and cost-effective use of taxpayer funds as required by KRS 61.645(15)(h). 2 See, Mcnair, James State Pension System Picks Up $50,000 Tab to Sue Bevin KENTUCKY CENTER FOR INVESTIGATIVE REPORTING, July 7, 2016 (available at http://kycir.org/2016/07/07/state-pension-system-picks-up- 50000-tab-to-sue-bevin/) (last visited July 11, 2016). 6

COUNT I DECLARATORY JUDGMENT & INJUNCTIVE RELIEF Violations of KRS Chapter 61 Improper Request and Payment of Attorney Fees 31. The allegations in the above paragraphs of this complaint are realleged and incorporated herein by this reference. 32. The Intervening Defendants, acting individually and/or in concert, have impermissibly requested payment of funds under KRS 61.645, which allows reimburse[ment] of any trustee, officer, or employee for any legal expense resulting from a civil action arising out of the performance of his official duties. 33. Intervening Defendant Elliott was removed from his position with the Kentucky Retirement Systems pursuant to Executive Order 2016 211 on April 20, 2016. See Exhibit A. 34. The Intervening Defendant has filed the present suit in an attempt to restore himself to his position. See Amended Complaint. 35. At the time of the filing of the Complaint, and to the present time, the Intervening Defendant is not a trustee, officer, or employee of the Kentucky Retirement Systems. 36. Seeking to be restored to a position as a trustee, officer, or employee of the Kentucky Retirement Systems is not part of the performance of his official duties within the meaning of KRS 61.645. 37. The Intervening Defendants have impermissibly requested and authorized payment of attorney fees pursuant to KRS 61.645. 38. A payment of approximately $30,000.00 was paid to counsel, from Kentucky Retirement Systems funds, in late June or early July, 2016. 7

39. Upon information and belief, a further payment of approximately $19,000.00 has been requested and/or approved by the Intervening Defendants, but as of the filing of this Intervening Complaint, has not yet been transmitted to counsel for the Intervening Defendants. 40. Based on the prior invoices and payments, it appears to the Intervening Plaintiff that there will be further significant requests made for payment in relation to the present litigation. 41. As set forth in the claim for relief, the Intervening Plaintiff requests a Declaratory Judgment that the payment of legal expenses to the Intervening Plaintiffs in this matter is impermissible under KRS Chapter 61, including KRS 61.645. 42. As set forth in the claim for relief, the Intervening Plaintiff requests injunction relief, both temporary and permanent, restraining and enjoining the Intervening Defendants, and all their agents, attorneys and any other person acting in concert or under the authority of the Intervening Defendants, from making further requests of the Treasurer to pay legal expenses to the Intervening Defendants, unless and until such time as this Honorable Court issues a final opinion and order which would entitle the Intervening Defendants to payment under KRS Chapter 61. 43. By reasons of the actions and violations set forth herein, the Commonwealth is suffering immediate, irreparable and ongoing injury, which warrants and necessitates immediate injunctive relief from this Honorable Court. 44. The Intervening Plaintiff has no adequate remedy at law or otherwise to address this injury. 45. The Intervening Plaintiff, nor to the best of the Intervening Plaintiff s knowledge, any other party, has been previously refused injunctive relief related to payment of the Intervening Defendants legal expenses. 46. The Intervening Plaintiff reserves the right to amend this complaint as necessary. 8

WHEREFORE, the Intervening Plaintiff, having set forth her claim for relief against the Intervening Defendants, respectfully requests judgment be entered against the Intervening Defendants, for the following: A. A temporary injunction, to be followed by a permanent injunction, barring the Defendants from seeking further payment of legal expenses pursuant to KRS Chapter 61 in relation to the facts giving rise to Franklin Circuit Court Action 16-CI-00656; B. A temporary injunction ordering any legal expenses previously paid by the Intervening Defendants in relation to Franklin Circuit Court Action 16-CI-00656 to be placed in escrow pending further orders of this Honorable Court; C. A declaration that, pursuant to KRS 61.645, the Kentucky Retirement Systems shall not make any reimbursement to the Intervening Defendants for legal expenses arising in connection with this action; D. A permanent injunction barring the Intervening Defendants from paying the legal expenses of the Intervening Defendants pursuant to KRS Chapter 61. E. Any and all other relief that this Honorable Court deems appropriate. DATED: July 11, 2016. Noah R. Friend General Counsel Allison Ball, Kentucky State Treasurer 1050 U.S. Hwy 127 S, Suite 100 Phone. (502) 564-4722 Fax. (502) 564-6545 noah.friend@ky.gov COUNSEL FOR DEFENDANT ALLISON BALL, KENTUCKY STATE TREASURER 9