Pinero v. Jackson Hewitt Tax Service Inc. et al

Filing 166

MOTION for Extension of Deadlines by Vicki L. Pinero. Motion Hearing set for 9/2/2009 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.

MEMORANDUM IN SUPPORT OF MOTION TO MODIFY SCHEDULING ORDER Plaintiff, Vicki L. Pinero ("Plaintiff"), respectfully submits this memorandum in support of her Motion to Modify Scheduling Order. Plaintiff requests the Court consider the following: 1. As the Court will recall, this is a class action against defendants, Jackson

Hewitt Tax Service Inc. and Jackson Hewitt Inc. (jointly referred to as "Jackson Hewitt") and Crescent City Tax Service, Inc. (referred to as "CCTSI").

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2.

On January 7, 2009, the Court entered an Order directing the parties "to

present the Court a schedule for refiling the [plaintiff's] motion for class certification which incorporates a period for discovery on the class issues." Rec. Doc. 54, at p. 29. 3. Prior to the July 30, 2009 Preliminary Conference, undersigned counsel

held a Rule 26(f) conference with counsel for Jackson Hewitt, Andrew S. Wein. Although counsel for CCTSI was invited to attend, counsel for CCTSI did not participate. 4. During the conference, Mr. Wein and undersigned counsel reached an

agreement on the deadline for Plaintiff to re-file her motion for class certification. Specifically, Mr. Wein and undersigned counsel agreed Plaintiff would re-file her class certification motion on or before February 15, 2010. 5. The Court held a Preliminary Conference with the parties on July 30, 2009,

at which time the parties agreed to a trial date. The parties were told that all other deadlines would be set by the Court automatically and that if the automatic deadlines were inadequate the parties could seek to change the deadlines. 6. Per the Court's Scheduling Order [Rec. Doc. 161], August 31, 2009 was

automatically set as the deadline to amend the pleadings. Plaintiff requests this deadline be extended by 60 days, or until October 31, 2009 for 3 reasons. First, currently pending before the Court is Plaintiff's Motion for De Novo Review of April 21, 2009 Dispositive Magistrate Ruling [Rec. Doc. 121]. The Court's ruling on that motion may impact Plaintiff's amendment to the pleadings. Second, the current 30-day deadline to amend the pleadings is inadequate in light of the complexity of this case. Third, Plaintiff has not previously requested an extension of the amendment deadline. 2

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Plaintiff also requests the Scheduling Order be modified to include a

deadline for Plaintiff to file her class certification motion, as required by the Court's January 7, 2009 Order [Rec. Doc. 54, at p. 29]. Plaintiff requests the deadline be set for February 15, 2010, which is within the deadline agreed to by Mr. Wein at the parties' Rule 26(f) conference. CONCLUSION In light of the foregoing, Plaintiff prays the Court grant Plaintiff's Motion to Modify Scheduling Order and modify the scheduling order by (1) extending for 60 days, or until October 31, 2009, the deadline for the parties to file amended pleadings, and (2) establishing a new deadline of February 15, 2010 for Plaintiff to re-file her motion for class certification. 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 12th day of August 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\Motion to Modify Scheduling Order\Memo. in Supp. Motion to Modify Scheduling Order.08.12.09.doc

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