Pinero v. Jackson Hewitt Tax Service Inc. et al

Filing 92

EXPARTE/CONSENT MOTION for Leave to File Reply Memorandum re their Motion for Reconsideration by Vicki L. Pinero. (Attachments: # 1 Proposed Pleading Reply, # 2 Proposed Order)(Shartle, Bryan) Modified on 3/31/2009 to remove referral & edit text (bbc, ).

Pinero v. Jackson Hewitt Tax Service Inc. et al

Doc. 92

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 MEMORANDUM IN OPPOSITION TO MOTION FOR RECONSIDERATION 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. and Jackson Hewitt Inc. (jointly referred to as the "Jackson Hewitt Defendants"), in their opposition memorandum [Docket No. 82] to plaintiff's Motion for Reconsideration [Docket No. 66] presently set for

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hearing before the Honorable Judge Sarah S. Vance on April 1, 2009, at 10:00 A.M. The proposed memorandum is attached hereto. Plaintiff's proposed memorandum addresses the Jackson Hewitt Defendants' improper description of the procedural history 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 Jackson Hewitt Defendants in their opposition to plaintiff's Motion for Reconsideration. 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 30th 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-Non-Collector-Misconduct\Pinero, Vicki-Class Action\Pleadings\LA Lawsuit\Motion to Dismiss\Motion to File Reply Brief.03.30.09.doc

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