The Lexington Herald-Leader is reporting that the University of Kentucky has asked a federal court in Texas to dismiss former UK basketball coach Billy Gillispie's lawsuit or at least move the case to a Kentucky courtroom.
UK's attorneys filed the school's motion to dismiss late Friday in U.S. District Court for the Northern District of Texas in Dallas, where Gillispie sued the UK Athletics Association last month, alleging breach of contract.
The university also had filed a countersuit in Franklin District Court in Kentucky last month claiming that Gillispie had sued the wrong entity in the wrong venue.
Gillispie "attempts to bring these convoluted claims against UKAA to avoid the fact that the university is a state agency of the Commonwealth of Kentucky and, due to sovereign immunity, cannot be sued in Texas," wrote UK attorneys Stephen L. Barker of the Lexington firm Sturgill, Turner, Barker & Maloney and Michael P. Royal, a Dallas-based lawyer.
"Alternatively, the lawsuit should be transferred to Kentucky — where the overwhelming majority of the witnesses reside and where the alleged acts for the basis of this suit occurred."
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