Pinero v. Jackson Hewitt Tax Service Inc. et al

Filing 173

MOTION for Leave to File Fourth Amended Class Action Complaint by Vicki L. Pinero. Motion(s) referred to Daniel E. Knowles, III. Motion Hearing set for 9/9/2009 11:00 AM before Magistrate Judge Daniel E. Knowles III. (Attachments: # 1 Proposed Pleading, # 2 Notice of Hearing, # 3 L.R. 7.6 Certificate, # 4 Memorandum in Support)(Shartle, Bryan)

Pinero v. Jackson Hewitt Tax Service Inc. et al

Doc. 173

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA VICKI L. PINERO, et al., ) ) Plaintiffs, ) ) v. ) ) JACKSON HEWITT TAX SERVICE ) INC., et al., ) ) Defendants. ) Civil Action No. 08-03535 Sec. R JUDGE SARAH S. VANCE Mag. 3 MAGISTRATE KNOWLES, III JUDGE DANIEL E.

MOTION FOR LEAVE TO FILE FOURTH AMENDED CLASS ACTION COMPLAINT NOW INTO COURT, through undersigned counsel, comes plaintiff, Vicki L. Pinero ("Plaintiff"), who, pursuant to Fed. R. Civ. P. 15(a), moves this Court for leave to amend her class action complaint against defendants, Jackson Hewitt Tax Service Inc.; Jackson Hewitt Inc.; and, Crescent City Tax Service, Inc. d/b/a Jackson Hewitt Tax Service. Specifically, Plaintiff seeks leave to amend her complaint to include: (a) three new counts and related facts; and (b) an additional plaintiff (i.e., Erick G. Adkins) for the new counts only. Plaintiff seeks to include new counts for violation of La. Rev. Stat. § 51:1910, et seq. (proposed Count 10); rescission of unlawful fee agreement/contract

1
Dockets.Justia.com

(proposed Count 11); and, payment of a thing not owed (proposed Count 12). Plaintiff also seeks leave to amend her class definition to include 3 classes and to expand her request for declaratory and injunctive relief. Plaintiff does not seek to amend her current remaining claims for fraud (Count 2); invasion of privacy (Count 5); or, unfair trade practices (Count 9). A copy of the proposed Fourth Amended Class Action Complaint is attached hereto. WHEREFORE, considering the foregoing, attached L.R. 7.6 Certificate, supporting memorandum, and proposed amended complaint, Plaintiff moves this Court for an order granting her leave to file her Fourth Amended Class Action Complaint. Respectfully Submitted,

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 24th day of August 2009. /s/ Bryan C. Shartle Bryan C. Shartle

/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.

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\Fourth Amended Complaint\Motion Leave to File Fourth Am. Comp.08.24.09.doc

2