Pinero v. Jackson Hewitt Tax Service Inc. et al

Filing 203

EXPARTE/CONSENT Joint MOTION to Stay Case for 60 Days by Vicki L. Pinero, Jackson Hewitt Tax Service Inc., Jackson Hewitt Inc. (Attachments: # 1 Proposed Order)(Shartle, Bryan)

Pinero v. Jackson Hewitt Tax Service Inc. et al

Doc. 203

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 JUDGE DANIEL E. KNOWLES, III

JOINT MOTION TO STAY CASE FOR 60 DAYS NOW INTO COURT, through undersigned counsel, come plaintiff, Vicki L. Pinero ("Plaintiff"), and defendants Jackson Hewitt Tax Service Inc. and Jackson Hewitt Inc. ("Defendants") (Plaintiff and Defendants jointly referred to as "Parties"), who respectfully request the Court enter an order staying this case for 60 days. The grounds for this motion are as follows:

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Dockets.Justia.com

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On September 9, 2009, co-defendant Crescent City Tax Service, Inc. d/b/a

Jackson Hewitt Tax Service ("CCTSI") filed a voluntary petition for Chapter 11 bankruptcy in the United States Bankruptcy Court, Eastern District of Lousiana. On September 11, 2009, CCTSI filed a notice of automatic stay with the Court. See Docket No. 198. 2. In light of CCTSI's bankruptcy filing, the Parties respectfully request that

the Court stay this matter for 60 days, so as to provide sufficient time for the Parties and their respective counsel to evaluate the impact of CCTSI's bankruptcy filing on the case. During the 60-day stay, any Party may move to lift the stay. If no Party moves to lift the stay, the stay will automatically be lifted 60 days from entry of the stay order. 3. Currently pending for ruling is Plaintiff's Motion for De Novo Review of

April 21, 2009 Dispositive Magistrate Ruling. See Docket No. 121. Plaintiff's motion is fully briefed and awaiting ruling. The Parties request the Court stay or withhold its ruling on the pending motion for 60-days. WHEREFORE, the Parties jointly pray for an order granting them the following relief: (a) (b) staying the case for 60 days, with the right of any Party to seek to lift the stay; and staying and withholding ruling on Plaintiff's Motion for De Novo Review of April 21, 2009 Dispositive Magistrate Ruling (Docket No. 121) for 60days.

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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 16th 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 /s/ Andrew S. Wein Donna L. Wilson (pro hac) Andrew S. Wein (pro hac) Veronica D. Jackson (pro hac)
KELLEY DRYE & WARREN, LLP

3050 K Street, NW, Suite 400 Washington, DC 20007 Telephone: [phone] Facsimile: [phone] Attorneys for Jackson Hewitt Tax Service Inc., and Jackson Hewitt, Inc.

N:\1-DI-Non-Collector-Misconduct\Pinero, Vicki-Class Act ion\Pleadings\LA Lawsuit\Motion to Cont inue Hearings\Jo int Motion to Stay.09.16.09.doc

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