Pinero v. Jackson Hewitt Tax Service Inc. et al

Filing 90

EXPARTE/CONSENT MOTION for Leave to File Reply to Opposition Memoranda to Motion for Leave to File Third Amended Class Action Complaint by Vicki L. Pinero. Motion(s) referred to Daniel E. Knowles, III. (Attachments: # 1 Proposed Pleading, # 2 Proposed Pleading Exhibit A, # 3 Proposed Pleading Exhibit B, # 4 Proposed Pleading Exhibit C, # 5 Proposed Order)(Shartle, Bryan) Modified on 3/30/2009 to edit description of attachment (rll, ).

Pinero v. Jackson Hewitt Tax Service Inc. et al

Doc. 9

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.

PLAINTIFF VICKI L. PINERO'S EX PARTE MOTION FOR LEAVE TO FILE REPLY TO MEMORANDA IN OPPOSITION TO MOTION FOR LEAVE TO FILE THIRD AMENDED CLASS ACTION COMPLAINT NOW INTO COURT, through undersigned counsel, comes plaintiff, Vicki L. Pinero,

and pursuant to L.R. 7.4, moves this Court for leave to file a memorandum of law in reply to the arguments raised by 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"), in their opposition memoranda [Docket Nos. 81 and 86] to plaintiff's Motion

1

Dockets.Justia.com

for Leave to File Third Amended Class Action Complaint [Docket No. 77] presently set for hearing before the Honorable Magistrate Judge Daniel E. Knowles, III on April 1, 2009, at 11:00 A.M. The proposed memorandum is attached hereto. Plaintiff's proposed memorandum addresses Defendants' improper interpretations of the relevant laws, provides additional history regarding the relevant laws, and will aid this Court's understanding and disposition of the matters presently in dispute.
WHEREFORE, plaintiff prays for an order granting plaintiff leave to file the attached

reply memorandum in response to the arguments raised by Defendants in their respective oppositions to plaintiff's Motion for Leave to File Third Amended Class Action Complaint. 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 27th day of March 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-No n-Collect or-Misconduct \Pinero, Vicki-Class Action\Pleadings\LA Lawsuit\Third Amended Co mplaint \Mo tion t o File Reply Brief.03.27.09.do c

2