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Kids World of America, Inc. v. Pnc Bank, N.A.

United States District Court, W.D. Kentucky, Louisville

August 18, 2014

KIDS WORLD OF AMERICA, INC., Plaintiff,
v.
PNC BANK, N.A., Defendant.

MEMORANDUM OPINION

CHARLES R. SIMPSON, III, Senior District Judge.

This matter is before the court on motion of the defendant, PNC Bank, N.A., to dismiss this action arising out of the alleged deposit of checks issued in the name of Kids World of America, Inc. ("KWA") into an account of the bank's customer, the Academy of Learning ("AOL").

To overcome a motion to dismiss, a complaint must contain sufficient facts to state a claim for relief that is "plausible on its face." Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 570, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007). As explained in Ashcroft v. Iqbal, 556 U.S. 662, 129 S.Ct. 1937, 1950, 173 L.Ed.2d 868 (2009),

A claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged. [ Twombly, supra . ] at 556, 127 S.Ct. 1955. The plausibility standard is not akin to a "probability requirement, " but it asks for more than a sheer possibility that a defendant has acted unlawfully. Ibid. Where a complaint pleads facts that are "merely consistent with" a defendant's liability, it "stops short of the line between possibility and plausibility of entitlement to relief.'" Id ..., at 557, 127 S.Ct. 1955 (bracket omitted).

The Complaint alleges:

1. Kids World of America, Inc. (hereinafter "KWA") is a business that operates child care facilities in Kentucky...

3. KWA has operated child care centers in Louisville, Shepherdsville, Shelbyville, and Owensboro, among other locations...

5. In 2006, KWA underwent a Chapter 7 bankruptcy and ceased operations at its Louisville, Shepherdsville, Shelbyville, and Owensboro locations...
6. A competing child care provider, the Academy of Learning ("AOL"), began operating its child care facilities at these locations...
8. Unbeknownst to KWA, AOL did not have proper licensure to operate a child care facility. Instead, AOL was billing the Commonwealth of Kentucky for the child care services it was providing using KWA's name and license...
10. Throughout 2006 and 2007, the Commonwealth of Kentucky issued payment checks payable to KWA and mailed them to the various child care facilities.
11. In 2006 and 2007, AOL repeatedly took checks made payable to KWA to National City Bank, where AOL had its checking account, to have the checks cashed and deposited into AOL's checking account.
12. Since 2006 and 2007, National City Bank has been purchased by PNC Bank, N.A. (hereinafter "PNC")...
15. PNC never contacted KWA to alert it that numerous, large checks, made payable to it, were being deposited into the ...

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