Pinero v. Jackson Hewitt Tax Service Inc. et al

Filing 113

MOTION for Extension of Time to File Amended Complaint as Ordered by the Court During the April 1, 2009 Hearing by Vicki L. Pinero. Motion Hearing set for 4/29/2009 10:00 AM before Chief Judge Sarah S. Vance. (Attachments: # 1 Notice of Hearing, # 2 Memorandum in Support)(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 KNOWLES, III JUDGE DANIEL E.

PLAINTIFF VICKI L. PINERO'S MEMORANDUM IN SUPPORT OF MOTION TO EXTEND TIME TO FILE AMENDED CLASS ACTION COMPLAINT

Plaintiff, Vicki L. Pinero ("Plaintiff"), submits this memorandum in support of her Motion to Extend Time to File Amended Class Action Complaint pursuant to this Court's April 1, 2009 Minute Entry. In the interest of judicial economy, the Court should extend its current deadline for Plaintiff to file her amended complaint. Specifically, Plaintiff requests that the Court extend the current deadline to file her amended complaint until 5 days after Judge Knowles rules on

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Plaintiff's current Motion for Leave to File Third Amended Class Action Complaint [Docket No. 77] and Ex Parte Motion to Amend Document No. 77 [Docket No. 103]. Plaintiff requests the Court consider the following: 1. At the April 1, 2009 oral argument on defendants' motions to dismiss, the Court

ordered Plaintiff to amend her fraud claims within 15 days, making the deadline April 16, 2009. See Docket No. 97. 2. Currently pending before Magistrate Judge Knowles is Plaintiff's Motion for

Leave to File Third Amended Class Action Complaint, wherein Plaintiff seeks to assert new claims against the defendants. See Docket Nos. 77 & 103. 3. In Plaintiff's latest amended complaint, Plaintiff not only included her new

proposed claims, but also the additional fraud allegations ordered by the Court. See Docket No. 103. Again, Plaintiff's motion for leave relating to this proposed complaint is still pending before Magistrate Judge Knowles. 4. In the interest of judicial efficiency, and to avoid the filing of multiple amended

complaints, Plaintiff requests that the current deadline for filing the amended complaint be extended until 5 days after Judge Knowles rules on the pending leave motions. 5. Extending the deadline for Plaintiff to file an amended complaint will not

prejudice any party. No scheduling order has been entered. Moreover, extending the deadline will not significantly delay these proceedings--the undersigned believes that Magistrate Judge Knowles' rulings on Plaintiff's Motion for Leave to File Third Amended Class Action Complaint, as substituted/amended, will occur within the next few days.
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6.

By this motion, Plaintiff does not seek more time to amend her complaint.

Indeed, Plaintiff has already amended her fraud claims, as is evident from the revised proposed Third Amended Class Action Complaint that was filed [see Docket No. 103] and presently before Magistrate Judge Knowles. 7. The undersigned has contacted counsel for all opposing parties to this

proceeding, and each object to this requested extension. CONCLUSION For the foregoing reasons, the Court should extend until 5 days after Judge Knowles rules on Plaintiff's Motion for Leave to File Third Amended Class Action Complaint [Docket No. 77] and Ex Parte Motion to Amend Document No. 77 [Docket No. 103], the deadline for Plaintiff to file an amended complaint in compliance with this Court's April 1, 2009 Minute Entry requiring that Plaintiff amend her fraud claims.

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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 13th 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-Non-Collector-Misconduct\Pinero, Vicki-Class Action\Pleadings\LA Lawsuit\Third Amended Complaint\Memo Sup. Motion to Extend Time to File Amended Class Action Complaint.04.13.09.doc

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