Pinero v. Jackson Hewitt Tax Service Inc. et al

Filing 103

EXPARTE/CONSENT MOTION to Amend/Correct Document Number 77 by Vicki L. Pinero. Motion(s) referred to Daniel E. Knowles, III. (Attachments: # 1 Proposed Pleading Third Amended Class Action Complaint, # 2 Proposed Exhibit II, # 3 Proposed Order)(Shartle, Bryan) (Additional attachment(s) added on 4/7/2009: # 4 Proposed Exhibit II) (rll, ). Modified on 4/7/2009 to attach corrected Exhibit II (rll, ).

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 KNOWLES, III JUDGE DANIEL E.

PLAINTIFF VICKI L. PINERO'S EX PARTE MOTION TO AMEND DOCUMENT NUMBER 77 NOW INTO COURT, through undersigned counsel, comes plaintiff, Vicki L. Pinero,

who moves this Court to amend Docket No. 77, by replacing the proposed pleading and Exhibit II referenced in Docket No. 77, with the attached proposed pleading and Exhibit II. The basis for this request to substitute is explained in plaintiff's supplemental memorandum in support of Motion for Leave. See Docket No. 101. As discussed during the

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Dockets.Justia.com

April 1, 2009 hearing, plaintiff is attempting to avoid filing multiple amended complaints.
WHEREFORE, plaintiff prays that the attached documents be substituted in place of the

proposed pleading and Exhibit II referenced in Docket No. 77. Respectfully Submitted, /s/ Bryan C. Shartle David Israel (LSBA No. 7174) (T.A.) Bryan C. Shartle (LSBA No. 27640) 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 ECF; __ by email; __ by hand; __ by fax; __ by FedEx; __ by placing a copy of same in the U.S. Mail, postage prepaid this 7th day of April 2009. /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-No n-Collect or-Misconduct \Pinero, Vicki-Class Action\Pleadings\LA Lawsuit\Third Amended Co mplaint \Mo tion t o Amend Doc. No. 77.04.07.09.doc

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