Pinero v. Jackson Hewitt Tax Service Inc. et al

Filing 65

EXPARTE/CONSENT MOTION to Seal Document (Exhibit A to doc#66 Motion for reconsideration) by Vicki L. Pinero. (Attachments: # 1 Notice of Hearing, # 2 Memorandum in Support)(Shartle, Bryan) Modified on 2/10/2009 (bbc, ). (Additional attachment(s) added on 2/11/2009: # 3 Proposed Order, # 4 Proposed Sealed Docs (Ex A to doc#66)) (bbc, ).

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 J UD GE DANI E L E.

MEMORANDUM IN SUPPORT OF MOTION TO FILE DOCUMENTS UNDER SEAL

Plaintiff, Vicki L. Pinero, submits this memorandum in support of her Motion to File Documents under Seal. On January 7, 2009, the Court dismissed plaintiff's claims for unauthorized disclosure of tax returns under 26 U.S.C. §§ 6103 and 7431 against defendants, Jackson Hewitt Tax Service Inc.; Jackson Hewitt Inc.; and, Crescent City Tax Service, Inc. d/b/a Jackson Hewitt Tax Service (jointly referred to as "Defendants"). See Docket No. 54.

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The Court's decision was premised on the belief that the disclosed information was not received from the IRS, but instead received from the consumer-taxpayer. Id. at p. 26. Following the Court's January 7, 2009 ruling, plaintiff identified the documents she seeks to seal. The documents plaintiff seeks to seal contain sensitive and confidential information received by Defendants from the IRS. Such information includes taxpayer names, social security numbers, and tax status information. These recently identified documents, all found in the dumpster along with the other documents improperly disclosed and disposed by Defendants, will be relied upon by plaintiff in requesting reconsideration of the Court's January 7, 2009 order regarding her claims for unauthorized disclosure of tax returns. The information contained in the documents, however, is not part of any public record. The Court, therefore, should file the

documents under seal to protect the related consumer taxpayers' privacy, as well as their personal and financial security.

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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 10th day of February, 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 Action\Pleadings\LA Lawsuit\Memo. in Supp. Motion to File Docs. Under Seal.02.10.09.doc

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