Case 2:24-cv-02458-DDC-ADM Document 6 Filed 10/28/24 Page 1 of 5

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF KANSAS
Kansas City Division

JAMES ROY HOLLIDAY, JR., §

§
Plaintiff, §
§
v. § CIVIL ACTION NO. 2:24-cv-2458
§
BANK OF AMERICA, N.A., §
§
Defendant. §
§

DEFENDANT’S ANSWER TO PLAINTIFF’S COMPLAINT

WITH AFFIRMATIVE DEFENSES

NOW COMES Defendant Bank of America, N.A. (“Defendant” or “BANA”), by and through

its undersigned counsel, and hereby files its Answer to Plaintiff James Roy Holliday, Jr.’s

(“Plaintiff”) Petition for Damages Arising from Breach of Contract (the “Complaint”), and in

support, responds as follows:

1. At this time, BANA is without knowledge or information sufficient to form a belief

as to the truth of the allegations of this Paragraph, which are therefore denied.

2. At this time, BANA is without knowledge or information sufficient to form a belief

as to the truth of the allegations of this Paragraph, which are therefore denied.

3. At this time, BANA is without knowledge or information sufficient to form a belief

as to the truth of the allegations of this Paragraph, which are therefore denied.

4. At this time, BANA is without knowledge or information sufficient to form a belief

as to the truth of the allegations of this Paragraph, which are therefore denied.

5. It is admitted that BANA is the successor by merger to Patron’s State Bank and Trust

Co. via a series of mergers, but all other allegations in this Paragraph are denied.

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6. To the extent that the allegations of this Paragraph call for a legal conclusion, no

response is required. To the extent that a response is required, it is admitted that Plaintiff has made

demand upon BANA for payment of the alleged certificate of deposit, which BANA has correctly

rejected. Except as expressly admitted herein, all other allegations in this Paragraph are denied.

WHEREFORE Paragraph. To the extent that the allegations of this Paragraph call for a legal

conclusion, no response is required. To the extent that a response is required, the allegations of this

Paragraph, including without limitation Plaintiff’s entitlement to any relief as to BANA, are denied.

GENERAL DENIAL

BANA hereby denies all allegations in the Complaint not expressly admitted as well as all

requests contained in Plaintiff’s prayer for relief.

AFFIRMATIVE DEFENSES

BANA reserves the right to lodge affirmative defenses to the claims asserted in the Complaint

to the extent supported by evidence later developed or facts later learned, without now assuming the

burden of proof on any such defense that would otherwise rest on Plaintiff and with the reservation

of its rights to amend or supplement its responses to the Complaint, as well as its affirmative defenses,

as information is gathered through discovery.

First Defense

The Complaint fails to state a cause of action upon which relief may be granted.

Second Defense

Plaintiff’s claims are barred by the expiration of any applicable statutes of limitation or

repose.

Third Defense

Plaintiff has suffered no damages resulting from any conduct on the part of BANA.

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Fourth Defense

Part, if not all, of Plaintiff’s alleged damages were incurred as a result of Plaintiff’s own

breaches, acts, omissions, and negligence and thus recovery by Plaintiff against BANA is barred or

reduced accordingly.

Fifth Defense

Plaintiff’s damages, to the extent they exist, were caused or contributed to by persons or

entities for whom BANA is not responsible and for whom BANA is not liable.

Sixth Defense

If any damages were incurred by Plaintiff, such damages were the result of intervening or

superseding events, acts or omissions of other parties over which BANA had no control and for

which it cannot be held liable to Plaintiff.

Seventh Defense

Plaintiff was party to one or more written agreements. BANA asserts the fact of such written

agreements, as well as the terms of such written agreements, as a bar to Plaintiff’s claims.

Eighth Defense

The Complaint fails to raise a justiciable issue as to BANA.

Ninth Defense

Plaintiff has failed to mitigate, minimize, or avoid damages associated with his claims.

Tenth Defense

Plaintiff’s claims are barred, in whole or in part, by the doctrines of waiver, laches,

abandonment and/or estoppel.

Eleventh Defense

This Court lacks personal jurisdiction over BANA.

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Twelfth Defense

Plaintiff’s claims are barred, in whole or in part, to the extent that any alleged wrongful act

or omission by BANA was the result of a good faith and/or bona fide error.

Thirteenth Defense

Plaintiff’s claims are barred, in whole or in part, by payment of the amounts being sought

therein and/or redemption of the subject certificate.

Fourteenth Defense

Plaintiff’s claims are barred, in whole or in part, by escheatment of the amounts being sought

thereinto the appropriate governmental entity.

Fifteenth Defense

BANA requests the trier of fact determine the proportionate responsibility of Plaintiff, any

named and/or settling party, and any responsible third parties for the damages allegedly suffered by

Plaintiff and to award Plaintiff judgment, if any, against BANA for only those damages for which it

is found to be proportionately responsible.

Sixteenth Defense

BANA specifically denies that all conditions precedent for recovery have occurred or been

met.

Seventeenth Defense

Any award of damages to Plaintiff is subject to any applicable statutory caps, to the extent

that such caps may exist.

Eighteenth Defense

Plaintiff’s claims are subject to reduction by contractual limitations on liability and recovery.

Nineteenth Defense

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Plaintiff’s claims are barred or subject to reduction because if the subject certificate was not

previously redeemed, then it was abandoned pursuant to K.S.A. § 58-3935.

Twentieth Defense

BANA reserves the right to amend or supplement these affirmative defenses.

WHEREFORE, having fully responded to the Complaint, BANA prays that:

1. Plaintiff have and recover nothing of BANA and the Complaint be dismissed with

prejudice; and

2. The Court order such other and further relief as it may deem just and proper.

Date: October 28, 2024 Respectfully submitted,

BRYAN CAVE LEIGHTON PAISNER LLP

By: /s/ Jennifer L. Berhorst

Jennifer L. Berhorst (KS #24461)
1200 Main Street, Suite 3800
Kansas City, Missouri 64105
Telephone: (816) 374-3200
Facsimile: (816) 374-3300
[email protected]

ATTORNEYS FOR DEFENDANT

CERTIFICATE OF SERVICE

I certify that on October 28, 2024, the foregoing was electronically filed with the Court
providing notice to counsel for the Plaintiff:

David S. Adams
Adams Cross, LLC
3036 E. Poplar
Olathe, Kansas 66061
[email protected]
Attorney for Plaintiff

/s/ Jennifer L. Berhorst

Attorneys for Defendant