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: (513) 977-8200
Is/ Michael
Fax: (513) 977-8141
Mary Ann Stewart
ADAMS, STEPNER,
WOLTERMANN & DUSING, PLLC
40 W. Pike Street
P.O. Box 861
Covington, KY 41012
Phone: (859) 394-6200
Fax: (859) 392 7364
Email: mstewart@aswdlaw.corn
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
2
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