Pinero v. Jackson Hewitt Tax Service Inc. et al

Filing 107

EXPARTE/CONSENT MOTION for Leave to File Reply to Defendants' Supplemental Memorandum in Opposition to Plaintiff's Motion for Leave to File Third Amended Class Action Complaint by Vicki L. Pinero. Motion(s) referred to Daniel E. Knowles, III. (Attachments: # 1 Proposed Pleading, # 2 Proposed Order)(Shartle, Bryan) Modified on 4/10/2009 to edit desc of attachments (bbc, ).

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 FOR LEAVE TO FILE REPLY TO DEFENDANTS' SUPPLEMENTAL MEMORANDUM IN OPPOSITION TO PLAINTIFF'S MOTION FOR LEAVE TO FILE THIRD AMENDED CLASS ACTION COMPLAINT NOW INTO COURT, through undersigned counsel, comes plaintiff, Vicki L. Pinero, and

pursuant to L.R. 7.4, moves this Court for leave to file a memorandum of law in reply to the arguments raised made by defendants, Jackson Hewitt Tax Service Inc. and Jackson Hewitt Inc. (jointly referred to as "Jackson Hewitt"), in their supplemental memorandum [Docket No. 105] filed in opposition to plaintiff's Motion for Leave to File Third Amended Class

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Dockets.Justia.com

Action Complaint [Docket No. 77]. The proposed 5-page memorandum is attached hereto. Plaintiff's proposed memorandum addresses Jackson Hewitt's improper reliance on out-dated case law, and will otherwise aid this Court's understanding and disposition of the matters presently in dispute.
WHEREFORE, plaintiff prays for an order granting plaintiff leave to file the attached

reply memorandum in response to the arguments raised by Jackson Hewitt in its supplemental memorandum in opposition to plaintiff's Motion for Leave to File Third Amended Class Action Complaint. 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 9th 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 File Reply Brief.04.09.09.do c

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