Pinero v. Jackson Hewitt Tax Service Inc. et al

Filing 77

MOTION for Leave to File Third Amended Class Action Complaint by Vicki L. Pinero. Motion(s) referred to Daniel E. Knowles, III. Motion Hearing set for 4/1/2009 11:00 AM before Magistrate Judge Daniel E. Knowles III. (Attachments: # 1 R. 7.6E Certificate, # 2 Notice of Hearing, # 3 Memorandum in Support, # 4 Proposed Pleading Third Amended Class Action Complaint, # 5 Proposed Exhibit T.Part 1, # 6 Proposed Exhibit T.Part 2, # 7 Proposed Exhibit U, # 8 Proposed Exhibit V, # 9 Proposed Exhibit W, # 10 Proposed Exhibit X, # 11 Proposed Exhibit Y, # 12 Proposed Exhibit Z, # 13 Proposed Exhibit AA.Part 1, # 14 Proposed Exhibit AA.Part 2, # 15 Proposed Exhibit BB, # 16 Proposed Exhibit CC, # 17 Proposed Exhibit DD, # 18 Proposed Pleading EE, # 19 Proposed Exhibit FF, # 20 Proposed Exhibit GG.Part 1, # 21 Proposed Exhibit GG.Part 2, # 22 Proposed Exhibit HH, # 23 Proposed Exhibit II)(Shartle, Bryan) Modified on 2/27/2009 to edit desc of attachments (rll, ). (doc#103 is a motion to amend/correct attachments of the proposed 3rd amd cmp and exhibit II) (bbc, ).

Pinero v. Jackson Hewitt Tax Service Inc. et al

Doc. 7

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA VICKI L. PINERO, et al., ) ) Plaintiffs, ) ) v. ) ) JACKSON HEWITT TAX SERVICE ) INC., et al., ) ) Defendants. ) Civil Action No. 08-03535 Sec. R JUDGE SARAH S. VANCE Mag. 3 MAGISTRATE KNOWLES, III J UD GE DANIEL E.

MOTION FOR LEAVE TO FILE THIRD AMENDED CLASS ACTION COMPLAINT NOW INTO COURT, through undersigned counsel, comes plaintiff, Vicki L. Pinero ("Plaintiff"), who, pursuant to Fed. R. Civ. P. 15(a), moves this Court for leave to amend her class action complaint 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"). Specifically, Plaintiff seeks leave to amend her complaint to assert a new claim and related facts for Defendants'

violations of La. Rev. Stat. § 9:3572.1, et seq. A copy of the proposed Third Amended Class Action Complaint is attached hereto.

1

Dockets.Justia.com

WHEREFORE, considering the foregoing, attached L.R. 7.6 Certificate, supporting memorandum, and proposed amended complaint, Plaintiff moves this Court for an order granting her leave to file her Third Amended Class Action Complaint. Respectfully Submitted,

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 26th day of February 2009. /s/ Bryan C. Shartle Bryan C. Shartle

/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.

3850 N. Causeway Blvd. Lakeway II, Suite 200 Metairie, Louisiana 70002 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff, Vicki L. Pinero

N:\1 -DI-No n-Collector-Misconduct\Pinero, Vicki-Class Action\Plead in gs\LA Lawsu it\Third Amended Complaint\Mo tion Leave to File Third Am. Comp .02.25.09 .doc

2