Pinero v. Jackson Hewitt Tax Service Inc. et al

Filing 24

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. 2

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"), 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 scheduled for October 15, 2008; (b) the

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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 October 15, 2008; and, (c) the hearing on CCTSI's Rule 12(b)(6) Motion to Dismiss (Rec. Doc. No. 18), presently set for October 15, 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. Doc. No. 12. 3. On August 4, 2008, JHTSI and JHI filed their Rule 12(b)(6) Motion to On July 31, 2008, Plaintiff filed a Motion for Class Certification. See Rec.

Dismiss and Alternative Motion to Strike Class Action Allegations. See Rec. Doc. No. 15 as corrected and redocketed as Rec. Doc. No. 20. 4. On August 11, 2008, CCTSI filed its Rule 12(b)(6) Motion to Dismiss. See

Rec. Doc. No. 18. 5. Per a joint motion by all parties, all pending motions were continued to

October 15, 2008, at 10:00 A.M., for oral argument. See Rec. Doc. Nos. 22 and 23. 6. The parties have scheduled a settlement meeting for October 7, 2008, at

9:00 A.M. In light of the proximity in time between the settlement meeting and the deadline for submissions of opposing and supporting memoranda, the parties request another continuance of the hearing on the motions. 2

7.

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

above-referenced motions for November 12, 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. 8. 9. All parties join and consent to this motion and the relief requested herein. This is the second requested continuance of the hearings on the above-

referenced pending motions. 10. 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, the parties 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 October 15, 2008, and rescheduling the hearing thereon for November 12, 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 October 15, 2008, and rescheduling the hearing thereon for November 12, 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 October 15, 2008, and rescheduling the hearing thereon for November 12, 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.

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 26th day of September 2008. /s/ Justin H. Homes Justin H. Homes

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 Jackson Hewitt, Inc.

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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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