Kuhnhein v. Kenton County Public Library Board of Trustees

Filing 13

MOTION to Dismiss by Kenton County Public Library Board of Trustees (Attachments: # 1 Memorandum in Support, # 2 Proposed Order)(Hawkins, Michael)

UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF KENTUCKY,
NORTHERN DIVISION AT COVINGTON
CIVIL ACTION NO. 2:12-cv-00035
GARTH KUHNHEIN, ON BEHALF
OF HIMSELF AND OTHERS
SIMILARLY SITUATED

PLAINTIFF

V.

KENTON COUNTY PUBLIC LIBRARY
BOARD OF TRUSTEES

DEFENDANT

DEFENDANT'S MOTION TO DISMISS PLAINTIFF'S COMPLAINT

Pursuant to Fed.

R. Civ. P. 12(b)(6), Defendant Kenton County Library Board of Trustees

moves to dismiss Plaintiff's Class Action Complaint with Jury Trial Demand and Declaration of
Rights

("Complaint" ), with

prejudice.

Plaintiff s Complaint should be dismissed in its entirety

because Plaintiff has failed to state a claim upon which relief can be granted.
not alleged that he exhausted his administrative
by KRS $ 134.590. Second, even

remedies, he is precluded
Third, Plaintiff's

immunity

remedies prior to filing this lawsuit, as mandated

if Plaintiff

had allegedly

exhausted

his administrative

from asserting a class action for tax refunds under KRS $ 134.590.

claims for tax refunds

dismissed because the two-year statute
Finally, Plaintiff's

First, Plaintiff has

conversion

for the years prior to January

of limitations

in KRS $

claim should be dismissed

&om liability on all tort claims.

134.590 has

20, 2010 should be
run on those refunds.

because the Library has sovereign

Respectfully submitted,

8'. Hawkins
Michael W. Hawkins, Esq. (82949)
Cori R. Stirling (81447)
Dinsmore & Shohl LLP
255 East Fifth Street, Suite 1900
Cincinnati, Ohio 45202
Phone: [phone]

Is/ Michael

Fax: [phone]
Mary Ann Stewart

ADAMS, STEPNER,
WOLTERMANN & DUSING, PLLC
40 W. Pike Street
P.O. Box 861
Covington, KY 41012
Phone: [phone]

Fax: [phone]
Email: [e-mail]

Attorney for Defendant Kenton County
Public Library Board of Trustees

CERTIFICATE OF SERVICE
I hereby certify that on February 23, 2012, I electronically filed the foregoing with the
Clerk

of Court

following:

using the CM/ECF system which will send notification

of such filing to the

Brandon N. Voelker, THE VOELKER FIRM, 4135 Alexandria Pike, Suite 109,

Cold Spring, KY 41076, Attorney for Plaintiff.
Is/ Michael 8'. Hawkins

2090430vl

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