Pinero v. Jackson Hewitt Tax Service Inc. et al

Filing 185

EXPARTE/CONSENT MOTION for Leave to File Excess-Page Reply to Memorandum in Opposition to Plaintiff's Motion for Leave to File Fourth Amended Class Action Complaint by Vicki L. Pinero. Motion(s) referred to Daniel E. Knowles, III. (Attachments: # 1 Proposed Pleading, # 2 Proposed Order)(Shartle, Bryan) Modified on 9/4/2009 to edit text (rll, ).

Pinero v. Jackson Hewitt Tax Service Inc. et al

Doc. 185

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.

PLAINTIFF VICKI L. PINERO'S EX PARTE MOTION FOR LEAVE TO FILE EXCESS-PAGE MEMORANDUM IN REPLY TO OPPOSITION TO MOTION FOR LEAVE TO FILE FOURTH AMENDED CLASS ACTION COMPLAINT

NOW INTO COURT, through undersigned counsel, comes plaintiff, Vicki L. Pinero, and pursuant to L.R. 7.4 and 7.8.1, moves this Court for leave to file a 22-page 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. 180] to plaintiff's Motion for Leave to File Fourth Amended Class Action Complaint [Docket No. 173]. The proposed memorandum is attached hereto.

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This Court should grant Plaintiff leave to file the proposed memorandum and thereby allow Plaintiff the opportunity to adequately and fully: 1) respond to

Defendants' allegations of Plaintiff's bad faith in bringing her motion for leave to amend; 2) respond to Defendants' disingenuous argument that one or more of Plaintiff's proposed claims were previously considered and rejected by this Court; 3) address Defendants' unfounded suggestion that Plaintiff is procedurally barred from bringing one or more of the proposed new claims; 4) clarify the appropriate standard of review this Court should apply to Plaintiff's leave motion; and, 5) otherwise address the merits of Defendants' various substantive arguments regarding Plaintiff's proposed claims for rescission, payment of a thing not owed, Defendants' violations of 2 loan broker statutes, and declaratory and injunctive relief. WHEREFORE, Plaintiff prays for an order granting her leave to file the attached 22-page reply memorandum in response to the arguments raised by Defendants in their opposition to Plaintiff's motion for leave to file a fourth amended class action complaint.

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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 4th day of September 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 Act ion\Pleadings\LA Lawsuit\Fourth Amended Complaint\Motion for Leave to File Reply in Excess of Pg. Limits.09.04.09.doc

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