Alkuda v. McDonald Hopkins Co., L.P.A.
1:24-cv-01103
| N.D. Ohio | Mar 18, 2025Background
- Sarah Alkuda sued McDonald Hopkins (a law firm) in federal court for alleged mishandling of her late father’s multi-million dollar trusts, leading to personal financial losses.
- Alkuda had previously litigated similar claims in Ohio Probate Court, settled with her mother (the trustee), and voluntarily dismissed her claims against McDonald Hopkins on June 20, 2023.
- She refiled her case in federal court more than one year later, on June 28, 2024, asserting claims including breach of fiduciary duty, fraud, negligence, and breach of contract.
- The complaint was brought after the expiration of the applicable statutes of limitations and beyond the one-year window permitted by Ohio’s savings statute.
- Alkuda argued for equitable tolling due to her duties as a caregiver for her son but did not allege she was deceived or incapable of meeting deadlines.
- The court addressed both substantive and procedural defects and granted McDonald Hopkins’s motion to dismiss the complaint with prejudice.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Obstruction of Justice | Claims obstruction as a basis for relief | No civil action for obstruction of justice | Dismissed: No private civil action available |
| Timeliness (Statute of Limitations) | Claims accrued less recently; breach of fiduciary duty period should apply | Claims are untimely; statute started in 2016/2019 | Claims untimely; statutes of limitations have expired |
| Savings Statute | Tolled deadline by one year from dismissal; just missed filing | Plaintiff filed after the savings statute period | Dismissed: Missed savings statute deadline by 8 days |
| Equitable Tolling | Sought tolling based on son's medical emergencies | No evidence of deception or true incapacity | Not warranted; no extraordinary circumstances shown |
Key Cases Cited
- Ashcroft v. Iqbal, 556 U.S. 662 (pleading standards for motions to dismiss)
- Bell Atl. Corp. v. Twombly, 550 U.S. 544 (requirement that complaints allege plausible claims)
- Cataldo v. U.S. Steel Corp., 676 F.3d 542 (pleading oneself out of court when complaint reveals claim’s flaw)
- United States ex rel. Ibanez v. Bristol-Myers Squibb Co., 874 F.3d 905 (motion to dismiss standard)