Pinero v. Jackson Hewitt Tax Service Inc. et al

Filing 22

EXPARTE/CONSENT Joint MOTION to Continue and Reschedule Hearings on Motions by Vicki L. Pinero, Jackson Hewitt Tax Service Inc., Jackson Hewitt Inc, Crescent City Tax Service, Inc.. (Attachments: # 1 Proposed Order)(Homes, Justin)

Pinero v. Jackson Hewitt Tax Service Inc. et al

Doc. 22

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 CONTINUE AND RESCHEDULE HEARINGS ON MOTIONS NOW INTO COURT, through undersigned counsel, come plaintiff, Vicki L. Pinero ("Plaintiff"), together with defendants, Jackson Hewitt Tax Service Inc. ("JHTSI"); Jackson Hewitt Inc. ("JHI"); and, Crescent City Tax Service, Inc. d/b/a Jackson Hewitt Tax Service ("CCTSI") (collectively referred to as "Defendants"), who respectfully request that the Court enter an order continuing and rescheduling: (a) the hearing on Plaintiff's Motion for Class Certification (Rec. Doc. No. 12), presently

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scheduled for August 20, 2008; (b) the hearing on JHTSI and JHI's Rule 12(b)(6) Motion to Dismiss and Alternative Motion to Strike Class Action Allegations (Rec. Doc. No. 15 as corrected and redocketed as Rec. Doc. No. 20), presently set for September 10, 2008; and, (c) the hearing on CCTSI's Rule 12(b)(6) Motion to Dismiss (Rec. Doc. No. 18), presently set for September 3, 2008. The grounds for this motion are as follows: 1. On May 22, 2008, Plaintiff filed her original Class Action Complaint, and

on July 15, 2008, she filed an Amended Class Action Complaint. See Rec. Doc. Nos. 1 and 9. 2. On July 31, 2008, Plaintiff filed a Motion for Class Certification. See Rec.

Doc. No. 12. Plaintiff's motion is presently set for hearing on August 20, 2008. 3. On August 4, 2008, JHTSI and JHI filed their Rule 12(b)(6) Motion to

Dismiss and Alternative Motion to Strike Class Action Allegations. See Rec. Doc. No. 15 as corrected and redocketed as Rec. Doc. No. 20. JHTSI and JHI's motion is

presently set for oral argument on September 10, 2008. See Rec. Doc. No. 17. 4. On August 11, 2008, CCTSI filed its Rule 12(b)(6) Motion to Dismiss. See

Rec. Doc. No. 18. That motion is presently set for hearing on September 3, 2008. Oral argument of CCTSI's motion has not been requested. 5. The parties wish to postpone the hearings on the above-referenced motions

and delay the preparation and filing of memoranda in opposition to those pending motions while the parties explore settlement of this litigation.

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6.

The parties wish to reschedule hearing and oral argument on each each of

the above-referenced motions for October 15, 2008, at 10:00 A.M., or as soon thereafter as this Court's docket will allow, in the event that a resolution of this matter cannot be achieved. The parties do not waive any objections or arguments by agreeing to the requested continuance. 7. 8. All parties join and consent to this motion and the relief requested herein. This is the first requested continuance of the hearings on the above-

referenced pending motions. 9. A scheduling order has not yet been entered. Consequently, a short

continuance of the hearing on the above-referenced pending motions will not unduly delay trial or the prompt resolution of this matter. WHEREFORE, Plaintiff and Defendants jointly pray for an Order granting them the following relief: (a) continuing the hearing on Plaintiff's Motion for Class Certification (Rec.

Doc. No. 12), presently set for August 20, 2008, and rescheduling the hearing thereon for October 15, 2008 at 10:00 A.M. for oral argument; (b) continuing the hearing on JHTSI and JHI's Rule 12 (b)(6) Motion to

Dismiss and Alternative Motion to Strike Class Action Allegations (Rec. Doc. No. 15 as corrected and redocketed as Rec. Doc. No. 20), presently set for September 10, 2008, and rescheduling the hearing thereon for October 15, 2008 at 10:00 A.M. for oral argument; and 3

(c)

continuing the hearing on CCTSI's Rule 12(b)(6) Motion to Dismiss (Rec.

Doc. No. 18), presently set for September 3, 2008, and rescheduling the hearing thereon for October 15, 2008 at 10:00 A.M. for oral argument. Respectfully Submitted,
/s/ Justin H. Homes David Israel (LSBA No. 7174) (T.A.) Bryan C. Shartle (LSBA No. 27640) Harold A. Aucoin (LSBA No. 02601) 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 /s/Glenn M. Farnet Glenn M. Farnet (#20185) Gina D. Banks (#27440) KEAN, MILLER, HAWTHORNE, D'ARMOND, McCOWAN & JARMAN, L.L.P. One American Place, 18th Floor Post Office Box 3513 Baton Rouge, Louisiana 70825 Telephone: [phone] AND KELLEY DRYE & WARREN, LLP Donna L. Wilson (pro hac) Andrew S. Wein (pro hac) 3050 K Street, NW, Suite 400 Washington, DC 20007 Telephone: [phone] Attorneys for Jackson Hewitt Tax Service Inc., and

CERTIFICATE OF SERVICE I hereby certify that a copy of the above and foregoing has been forwarded to all counsel of record 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 2008. /s/ Justin H. Homes Justin H. Homes

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Jackson Hewitt, Inc. BLUE WILLIAMS, L.L.P. /s/ THOMAS G. BUCK ______________________________________ THOMAS G. BUCK T.A. Bar No. 14107 [e-mail] JOHN C. HENRY Bar No. 18948 [e-mail] CHRISTOPHER T. GRACE, III Bar No. 26901 [e-mail] BRETT W. TWEEDEL Bar No. 30100 [e-mail] DAVID B. PARNELL, JR. Bar No. 27031 [e-mail] 3421 North Causeway Boulevard, Suite 900 Metairie, LA 70002 Telephone [phone] Facsimile [phone] Attorneys for: Crescent City Tax Service, Inc., d/b/a Jackson Hewitt Tax Service
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