Pinero v. Jackson Hewitt Tax Service Inc. et al

Filing 10

EXPARTE/CONSENT MOTION for Leave to File Supporting Memorandum in Excess of Permitted Page Limitation by Vicki L. Pinero. (Attachments: # 1 Proposed Order Order, # 2 Motion for Class Certification, # 3 Notice of Hearing Notice of Hearing, # 4 Request for Oral Argument, # 5 Proposed Pleading Memorandum in Support of Motion for Class Certification, # 6 Exhibit A)(Shartle, Bryan)

Pinero v. Jackson Hewitt Tax Service Inc. et al

Doc. 10

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA VICKI L. PINERO, individually and on behalf of all others similarly situated, Plaintiffs, v. JACKSON HEWITT TAX SERVICE INC.; JACKSON HEWITT INC.; and, CRESCENT CITY TAX SERVICE, INC. d/b/a JACKSON HEWITT TAX SERVICE, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) Civil Action No. 08-03535 Sec. R JUDGE SARAH S. VANCE Mag. 3 MAGISTRATE JUDGE DANIEL E. KNOWLES, III

EX PARTE MOTION FOR LEAVE TO FILE MEMORANDUM IN EXCESS OF PERMITTED PAGE LIMITATION NOW INTO COURT, through undersigned counsel, comes plaintiff, Vicki L. Pinero ("Plaintiff"), who requests leave to file a supporting memorandum in excess of the 25-page limitation set forth in L.R. 7.8.1. The supporting memorandum relates to

Plaintiff's Motion for Class Certification, which is being submitted contemporaneously herewith. Plaintiff's supporting memorandum must address various complex, class-

action issues of fact and law, including the 4 threshold class action requirements of Fed.

1

Dockets.Justia.com

R. Civ. P. 23(a) (i.e., "numerousity," "commonality," "typicality," and "adequacy of representation"), as well as the requirements of Rule 23(b)(3) (i.e., "premoninance" and "superiority"). Further, the supporting memorandum must analyze all 7 Counts Plaintiff seeks to certify, including: Count 1 (unauthorized disclosure of tax returns); Count 2 (fraud); Count 3 (breach of contract); Count 4 (negligence); Count 5 (invasion of privacy); Count 7 (declaratory judgment); and, Count 8 (injunction). A full and fair treatment of these complex issues of fact and law necessitate a memorandum in excess of 25 pages. In order for Plaintiff to properly address all of the discrete factual and legal issues, Plaintiff seeks leave to file the attached supporting memorandum not exceeding 44 pages in length. WHEREFORE, Plaintiff requests an order granting her leave to file the attached 44-page supporting memorandum in support of her Motion for Class Certification.

2

Respectfully Submitted, /s/ Bryan C. Shartle David Israel (LSBA No. 7174) (T.A.) Bryan C. Shartle (LSBA No. 27640) Harold A. Aucoin (LSBA No. 02601) Justin H. Homes (LSBA No. 24460)
SESSIONS, FISHMAN, NATHAN & ISRAEL, L.L.P.

CERTIFICATE OF SERVICE I hereby certify that a copy of the above and foregoing has been forwarded to all counsel of record by email; ___ by hand; ___ by fax; by FedEx; ___ by placing a copy of same in the U.S. Mail, postage prepaid this 22nd day of July 2008. /s/ Bryan C. Shartle Bryan C. Shartle

3850 N. Causeway Blvd. Lakeway II, Suite 200 Metairie, Louisiana 70002 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff, Vicki L. Pinero

N:\1-DI-Non-Collector-Misconduct\Pinero, Vicki-Class Act ion\Pleadings\LA Lawsuit\Motion for Class Cert ification\Mt to File Class Cert. Mot. in Excess of Pg Limit s.doc

3