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)

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

MOTION FOR CLASS CERTIFICATION NOW INTO COURT, through undersigned counsel and pursuant to Fed. R. Civ. P. 23(c)(1) and L.R. 23.1(B), comes plaintiff, Vicki L. Pinero ("Plaintiff"). Plaintiff requests the class be certified under Rule 23(b)(3) for some of her claims, i.e., Counts 1-5 and 7-8. As explained in the attached supporting memorandum, Plaintiff's class claims satisfy Rule 23(a)'s requirements of "numerosity," "commonality," "typicality," and "adequacy of representation." Further, Plaintiff's class claims satisfy the "predominance" and

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"superiority" requirements of Rule 23(b)(3). The Court, therefore, should grant Plaintiff's motion and set a hearing to discuss the form and content of the class action notice to the class members. WHEREFORE, considering the premises, Plaintiff requests that the Court grant her class certification motion and certify the class and claims requested and set a hearing to discuss the class notice. 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 Action\Pleadings\LA Lawsuit\Motion for Class Certification\Motion for Class Certification.doc

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