This site houses recent, publicly filed substantive pleadings in the MAYBERRY V. KKR Pension Litigation (initially filed in December, 2017), in which the KY Attorney General filed a motion to intervene in July, 2020. 

This site is created to address limitations on the public’s physical access to hard copy pleadings held in Clerk’s offices necessitated by the Kentucky Court of Justice COVID-19 safety protocols and procedures. Digital access to the Mayberry case may also be found at kycourts.gov.

The sole purpose of the site is to provide ease of access to KRS members (and the public, generally) of up-to-date, substantive public filings in Mayberry.  The entire hard copy file is available from the Franklin Circuit Clerk’s office, who is not responsible for this site. This site is maintained by Plaintiffs’ Counsel.

Mayberry v KKR Pleadings

Plaintiff’s First Amended Complaint 01/12/2018

AG Motion to Intervene and Complaint 07/20/2020

Plaintiff's Motion to Amend and Second Amended Complaint 07/29/2020

Objection Of RVK Parties to Attorney General’s Motion To Intervene 07/30/2020

CAVMAC Defendants’ Joinder in the Objection by the Blackstone Defendants to the  Office of the Attorney General’s Motion to Intervene 07/30/2020

Objection by the Blackstone Defendants to the Office of the Attorney General’s Motion to Intervene 07/30/2020

KKR Parties’ Joinder in PAAMCO/PRISMA Defendants’ Objection to the Office of the Attorney General’s Motion to Intervene on Behalf of the Commonwealth Of Kentucky 07/30/2020

PAAMCO/PRISMA Defendants’ Objection to the Office of the Attorney General’s Motion to Intervene on Behalf of the Commonwealth of Kentucky 07/30/2020

Plaintiffs’ Response to the Office of the Attorney General’s Motion to Intervene on Behalf of the Commonwealth of Kentucky 07/31/2020

The Mayberry Plaintiffs’ Notice of Motion and Motion for Appointment of Lead Plaintiff, Lead Counsel and Liaison Counsel 08/04/2020

Oldfather Group Opposition to Mayberry Plaintiffs’ Motion for Lead Plaintiff and Support for AG Intervention 08/07/2020

Commonwealth’s Reply in Support of its Motion to Intervene 08/10/2020

The Mayberry Plaintiffs’ Reply in Further Support of their Motion for Appointment of Lead Plaintiff, Lead Counsel and Liaison Counsel 08/13/2020

Officer and Trustee Defendants’ Joinder in Objection to Further Proceedings in this Action and Motion to Enforce Mandate and Vacate Consolidation Order 08/18/2020

Plaintiffs’ Response to Defendants’ Objection to Further Proceedings in this Action and Motion to Enforce Mandate and Vacate Consolidation Order 08/20/2020

Notice of Supplemental Authority in Support of the Paamco/Prisma Defendants’ Objection to the Office of the Attorney General’s Motion to Intervene on Behalf of the Commonwealth of Kentucky 08/21/2020

Commonwealth’s Response in Opposition to the Objection to Further Proceedings and Motion to Enforce and Vacate 08/23/2020

Plaintiffs’ Response to Defendants’ Notice of Supplemental Authority 08/23/2020

Order of Court 08/26/2020

Order of Court 12/28/2020

The Tier 3 Plaintiffs’ Notice of Motion and Motion for leave to File a Third Amended Complaint 12/31/2020

Memorandum in Support of the Tier 3 Plaintiffs’ Motion for leave to file a Third Amended Complaint with Exs. A-B 12/31/2020

Proposed Third Amended Complaint 12/31/2020

Verified Complaint by “Tier 3” Members of The Kentucky Retirement Systems Pleading a Member/Beneficiary Derivative Action for The Kentucky Retirement Systems and its Pension Plans And Trust Funds 01/07/2021

Reply Memorandum in Opposition to Defendants’ Attempt to Delay Proceedings and in Further Support of The Tier 3 Plaintiffs’ Motion for Leave to File a Third Amended Complaint 01/08/2021

Motion for Extension of Time 01/29/2021

The Tier 3 Plaintiffs’ Opposition to the Commonwealth’s Motion for Extension of Time 1/31/2021

Memorandum in Support of the Tier 3 Plaintiffs’ Motion to Intervene 02/01/2021

Order of Court 02/12/2021

The Tier 3 Plaintiffs’ Memorandum in Support of Motion for Entry of

Pretrial Order No. 1 02/15/2021

Memorandum in Support of The Tier 3 Plaintiffs’ Motion for Accounting 02/15/2021

Combined Response to the Tier 3 Individuals’ Motion for Entry of Pre-Trial Order No. 1 and Motion for Accounting 02/18/2021

Cavmac Defendants’ Joinder in The Combined Response to the Tier 3 Individuals’ Motion for Entry of Pre-Trial Order No. 1 and Motion for Accounting 02/18/2021

Order of Court 02/18/2021

Paamco/Prisma Defendants’ Opposition to the Tier 3 Individuals’ Motion to Intervene 03/02/2021

Nominal Defendant Kentucky Retirement Systems’ Response to the Tier 3 Individuals’ Motion to Intervene 03/02/2021

Objection by The Blackstone Defendants to the Tier 3 Movants’ Motion to Intervene 03/02/2021

Commonwealth’s Response in Opposition to the Tier 3 Group’s Motion to Intervene 03/02/2021

The RVK Parties’ Response to the Tier 3 Motion to Intervene 03/02/2021

Defendant Ice Miller LLP’s Joinder in Oppositions to “Tier 3” Individuals’ Proposed Complaint in Intervention 03/02/2021

Cavmac Defendants’ Joinder in Opposition to the Tier 3 Individuals’ Motion to Intervene 03/02/2021

Joinder on Behalf of William Cook to Objection by the Blackstone Defendants RVK Parties’ and Paamco/Prisma Defendants’ Opposition to the Tier 3 Individuals’ Motion to Intervene 03/02/2021

Reply Memorandum in Response to Defendants’ Opposition to, and in Further Support of, the Tier 3 Plaintiffs’ Motion to Intervene 03/08/2021

Reply Memorandum in Response to KRS’s And OAG’s Opposition to, and in Further Support of, the Tier 3 Plaintiffs’ Motion to Intervene 03/08/2021

Notice of Recent Authority in Further Support of the Tier 3 Plaintiffs’ Motion to Intervene 04/01/2021

Motion For Extenstion of Time 04/01/2021

Order of Court 04/08/2021

Order of Court 04/15/2021

Order of Court 04/22/2021

The Tier 3 Plaintiffs’ Notice of Motion and Motion for Entry of an Order Requiring that Documents Regarding the Calcaterra Pollack “Investigation” be Preserved and that the Calcaterra Report Be Provided to the Tier 3 Plaintiffs’ Counsel 05/03/2021

The Tier 3 Plaintiffs’ Memorandum in Support of Motion for Entry of an Order Requiring that Documents Regarding the Calcaterra Pollack “Investigation” be Preserved and that the Calcaterra  Report be Provided to the Tier 3 Plaintiffs’ Counsel 05/03/2021

[Proposed] Order Granting the Tier 3 Plaintiffs’ Motion to Preserve Evidence 05/03/2021

Order of Court 05/10/2021

Response in Opposition to the Non-Party Preservation Motion 05/07/2021

Affidavit of Regina M. Calcaterra 05/07/2021

Commonwealth’s Response in Opposition to the Tier 3 Group’s Motion for Preservation of Documents and to be Provided a Copy of Calcaterra Report 05/09/2021

Notice of Compliance 05/13/2021

Notice of Compliance 05/24/2021

Order of Court 05/27/2021

The Tier 3 Plaintiffs’ Brief in Opposition to the Attorney General’s Motion to File Amended Intervening Complaint and in Further Support of the Tier 3 Plaintiffs’ Motion to Intervene 06/02/2021

The Tier 3 Plaintiffs’ Submission re: KRS $1.2 Million Secret Report; Need for Open Proceedings; and Limitations on Use of Secret Report Without Its Public Disclosure 06/02/2021

Supplemental Submission in Opposition to the Tier 3 Movants’ Motion to Intervene 06/02/2021

Order Granting 06/11/2021

Order of Court 06/14/2021

Complaint by Tier 3 Members of The Kentucky Retirement Systems Pleading Breach of Trust/Fiduciary Duty Claims to Recover Damages for the Trust Funds of The Kentucky Retirement Systems 08/19/2021

Opinion and Order of Court 03/01/2022

The Tier 3 Trust Plaintiffs’ Notice of Motion and Motion to Open Discovery and to Renew Motion for Open Proceedings 05/09/2022

Affidavit for Designation of Special Judge 05/16/2022

Opposition to the KKR Parties’ Affidavit for Designation of Special Judge 05/23/2022

Order Remanding 05/24/2022

Order of Court 05/27/2022

The Tier 3 Trust Plaintiffs’ Notice of Motion and Motion for Status Conference 06/20/2022

Complaint by Tier 3 Members of The Kentucky Retirement Systems Pleading Breach of Trust/Fiduciary Duty Claims and Other Violations of Kentucky Law to Recover Damages for the Trust Funds of The Kentucky Retirement Systems 09/14/2022

The Tier 3 Trust Plaintiffs’ Notice of Motion and Motion for Order Directing That no Protective Order be Entered and that Complete Public Access to all Filings, Proceedings and Documents, Including Discovery, be Allowed 06/07/2024