Pinero v. Jackson Hewitt Tax Service Inc. et al

Filing 26

EXPARTE/CONSENT MOTION for Leave to File Excess Pages in Opposition to Motions to Dismiss and Strike, by Vicki L. Pinero. (Attachments: # 1 Proposed Order, # 2 Proposed Pleading Memorandum in Opposition to Motions to Dismiss and Strike)(Shartle, Bryan) Modified on 10/22/2008 to edit text (rll, ).

Pinero v. Jackson Hewitt Tax Service Inc. et al

Doc. 26

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 KNOWLES, III JUDGE DANIEL E.

EX PARTE MOTION FOR LEAVE TO FILE OPPOSITION MEMORANDUM IN EXCESS OF LR7.8E PAGE LIMITATION COMES NOW Plaintiff, Vicki L. Pinero, and requests leave to file a memorandum in excess of 25 pages in length in response to the motions to dismiss and strike submitted by defendants Jackson Hewitt Tax Service Inc., Jackson Hewitt Inc., and Crescent City Tax Service, Inc. d/b/a Jackson Hewitt Tax Service [Docket Entry Nos. 20 and 18]. Both motions are currently set for oral argument on November 12, 2008. Plaintiff's memorandum in opposition to the defendants' motions involves an analysis of numerous and complex issues of

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Louisiana state law and federal law. Plaintiff will not be able to adequately respond to each of the issues raised by defendants' motions if constrained by the default 25 page limitation provided by LR7.8E. In order for plaintiff to properly address all of approximately a dozen discrete legal issues and provide this Court with an accurate and comprehensive understanding of the reasons why the defendants' motions should be denied, plaintiff seeks leave to file an opposition memorandum not exceeding 32 pages in length. WHEREFORE, Plaintiff, Vicki L. Pinero, prays for an order granting her leave to file a memorandum in opposition to the defendants' motions to dismiss and strike [Docket Entry Nos. 20 and 18] not exceeding 32 pages in length. Respectfully Submitted, /s/ Bryan C. Shartle 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 ECF; __ by email; __ by hand; __ by fax; __ by FedEx; __ by placing a copy of same in the U.S. Mail, postage prepaid this 21st day of October 2008. /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 and the Class Members, Vicki L. Pinero

Z:\1-DI-Non-Collector-Misconduct\Pinero, Vicki-Class Action\Pleadings\LA Lawsuit\Motion to Dismiss\Motion for Leave to File in Excess of Pg. Limits.doc

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