Pinero v. Jackson Hewitt Tax Service Inc. et al

Filing 168

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

Pinero v. Jackson Hewitt Tax Service Inc. et al

Doc. 168

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 SUPPLEMENTAL MEMORANDUM IN SUPPORT OF PLAINTIFF'S 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 supplementing 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. Plaintiff seeks leave to supplement her previous memoranda because a controlling case has been identified relating to the ruling the subject of appeal. Plaintiff requests leave to

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file her short supplemental brief to address the significance of this case and its affect on the timeliness of the claim plaintiff seeks to assert in her proposed amended complaint.
WHEREFORE, plaintiff prays for an order granting her leave to file the attached

supplemental memorandum in support of 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 13th 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\Third Amended Complaint\Motion to File Supp. Brief.08.13.09.doc

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