Pinero v. Jackson Hewitt Tax Service Inc. et al

Filing 132

EXPARTE/CONSENT MOTION for Leave to File Reply by Vicki L. Pinero. (Attachments: # 1 Proposed Order, # 2 Proposed Pleading - Reply to Defendants' Memorandum in Opposition to Plaintiff's Motion for De Novo Review of April 21, 2009 Dispositive Magistrate Ruling)(Shartle, Bryan)

Pinero v. Jackson Hewitt Tax Service Inc. et al

Doc. 132

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 MEMORANDUM IN OPPOSITION TO MOTION FOR DE NOVO REVIEW OF APRIL 21, 2009 DISPOSITIVE MAGISTRATE RULING

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 short memorandum in reply to the arguments raised by defendants, Jackson Hewitt Tax Service Inc. and Jackson Hewitt Inc. (jointly referred to as "Defendants"), in their opposition memorandum [Docket No. 130] to plaintiff's Motion for De Novo Review of April 21, 2009 Dispositive Magistrate Ruling [Docket No. 121]. The proposed 4 page memorandum is attached hereto.

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Plaintiff's proposed memorandum clarifies the appropriate de novo standard of review of the dispositive April 21, 2009 ruling 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 Defendants in their opposition to plaintiff's motion for de novo review of the April 21, 2009 ruling issued by Magistrate Judge Daniel E. Knowles, III. 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 21st day of May 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\Motion to File Reply Brief.05.21.09.doc

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