COMMONWEALTH OF KENTUCKY
FRANKLIN CIRCUIT COURT
CIVIL ACTION NO. 14-CI-1337
DAVID ADAMS PLAINTIFF
V. MOTION TO RECONSIDER
COMMONWEALTH OF KENTUCKY,
STEVEN L. BESHEAR, GOVERNOR, et al. DEFENDANTS
Plaintiff moves the Court to reconsider its order filed in this case December 22, 2014 to correct multiple errors. The fundamental mistake from which others flow is found in the following sentence in the Court’s ruling: “No funds for the Exchange are appropriated from the General Fund or Road Fund as alleged by Plaintiff. Even taking all of Plaintiff’s allegations as true, Plaintiff has not stated a claim for relief.”
Plaintiff alleged the spending in question is not legal and requests that, as such, it must not be allowed by the Court. This is both a legitimate claim for relief and an allegation that can be proven true and entering the Executive Branch Budget into evidence does nothing to change that. Again, from Plaintiff’s Response to Defendants’ Motion to Dismiss,” “State Group Health Insurance Funds for state employees exist in General Funds, whose forbidden appropriations present an inescapable problem for state employees charged with implementing “the ACA.” Even if all other legal problems with the attempted implementation of the “Affordable Care Act” are ignored out of hand, such as the multiple executive orders and constitutional and statutory problems in KRS 12.028 and Kentucky Constitution Sections 47, 180 and 230 with moving, spending and/or adding to Kentucky Access funds, this one cannot be.
Plaintiff again respectfully requests the Court to reconsider its ruling in this case.
121 Nave Place Nicholasville, KY 40356 859-537-5372
CERTIFICATE OF SERVICE
This certifies the forgoing was served this 5th day of January, 2015 by electronic mail delivery upon Patrick R. Hughes, Dressman Benzinger LaVelle PSC, 207 Thomas More Parkway, Crestview Hills, Kentucky 41017-2596.