Evans et al v. ZB, N.A.

Filing 10

STIPULATION AND ORDER signed by Senior Judge William B. Shubb on 7/28/2017 ORDERING the plaintiffs respond to the 7 Motion to Refer Civil Action to U.S. Bankruptcy Court by 8/28/2017; ORDERING the defendant to file its reply by 9/11/2017; CONTINUI NG the Motion Hearing on 7 Motion to Refer Civil Action to U.S. Bankruptcy Court to 9/18/2017 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb; GRANTING the defendant 20 calendar days after notice to the parties of the Court� 39;s entry of its written order re said referral motion to file and answer or otherwise respond to the 1 Complaint; CONTINUING the Scheduling Conference to 11/20/2017 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb; ORDERING the parties to file a Joint Status Report by 11/6/2017. (Michel, G.)

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JOEL G. SAMUELS (SBN 115264)
ROBERT S. ADDISON, JR. (SBN 188565)
ANTHONY J. NAPOLITANO (SBN 227691)
BUCHALTER, A Professional Corporation
1000 WILSHIRE BLVD., SUITE 1500
LOS ANGELES, CA 90017
Telephone: [phone]
Facsimile: (213)-896-0400
Email: [e-mail]
[e-mail]
[e-mail]
ROBERT S. MCWHORTER (SBN 226186)
JARRETT S. OSBORNE-REVIS (SBN 289193)
BUCHALTER, A Professional Corporation
500 CAPITOL MALL, SUITE 1900
SACRAMENTO, CA 95814
Telephone: [phone]
Facsimile: (916)-945-5170
Email: [e-mail]
[e-mail]
Attorneys for Defendant
ZB, N.A., a national banking association, dba California Bank & Trust

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SACRAMENTO DIVISION

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RONALD C. EVANS, an individual; JOAN M.
EVANS, an individual; DENNIS
TREADAWAY, an individual; and all others
similarly situated,
Plaintiffs,

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vs.
ZB, N.A., a national banking association, dba
California Bank & Trust,

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Defendant.

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Case No. 2:17-cv-01123-WBS-DB
STIPULATION AND [PROPOSED
ORDER]:
(1) CONTINUING THE HEARING ON
DEFENDANT’S MOTION TO REFER
THIS CLASS ACTION COMPLAINT;
AND
(2) EXTENDING DEFENDANT ZB, N.A.’S
DEADLINE TO FILE A RESPONSIVE
PLEADING TO PLAINTIFFS’ CLASS
ACTION COMPLAINT
Date:
August 21, 2017
Time:
1:30 p.m.
Hon:
William B. Shubb
Courtroom: 5
Complaint Filed: May 26, 2017
Trial Date: None set

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BUCHALTER
A PROFESSIONAL CORPORATION
SACRAMENTO

STIPULATION AND [PROPOSED] ORDER
FURTHER EXTENDING DEFENDANT’S RESPONSIVE
PLEADING DEADLINE
BN 29717493v4

Case No. 2:17-cv-01123-WBS-DB

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STIPULATION
Plaintiffs Ronald C. Evans, Joan M. Evans, and Dennis Treadaway, (collectively, the
“Plaintiffs”) and Defendant ZB, N.A., a national banking association, doing business as
California Bank & Trust (“CB&T”) (collectively, the “Parties”), by and through their respective
counsel of record, enter into the following stipulation (the “Stipulation”).
1.

On May 26, 2017, the Plaintiffs filed this Class Action Complaint (the

“Complaint”) against CB&T.
2.

On May 30, 2017, the Plaintiffs served the Summons and the Complaint upon

CB&T via personal service (the “Service Date”).
3.

Under Rule 12(a)(1)(A)(ii) of the Federal Rules of Civil Procedure, the deadline

for CB&T to file and serve its answer or otherwise respond to the Complaint was initially
June 20, 2017 (the “Response Deadline”).
4.

On June 12, 2017, this Court entered an Order granting the Parties’ Stipulation to

extend CB&T’s Response Deadline to July 31, 2017.
5.

On July 24, 2017, CB&T filed a Motion to Refer this Class Action Complaint to

the Honorable Robert S. Bardwil in the U.S. Bankruptcy Court for the Eastern District of
California pursuant to 28 U.S.C. § 157(a) and this Court’s General Orders 182, 223, and 330 (the
“Referral Motion”).
6.

The Referral Motion is currently scheduled to be heard by this Court on

August 21, 2017 at 1:30 p.m.
7.

Plaintiffs request additional time to review and consider the merits of the Referral

Motion. Thus, the Parties agree to the following schedule with respect to the Referral Motion:

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a.

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Plaintiffs shall file and serve their opposition, if any, to the Referral Motion
on or before August 28, 2017;

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b.

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CB&T shall file and serve its reply to any opposition to the Referral
Motion on or before September 11, 2017; and

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BUCHALTER
A PROFESSIONAL CORPORATION
SACRAMENTO

-1STIPULATION AND [PROPOSED] ORDER
FURTHER EXTENDING DEFENDANT’S
RESPONSIVE PLEADING DEADLINE
BN 29717493v4

Case No. 2:17-cv-01123-WBS-DB

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c.

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The hearing on Referral Motion shall be continued from August 21, 2017
to September 18, 2017 at 1:30 p.m.

8.

To allow time for this Court to hear and determine the Referral Motion, the Parties

agree to further extend CB&T’s Response Deadline such that CB&T shall have until 20 calendar
days after notice to the Parties of the Court’s entry of its written order ruling on the Referral
Motion in which to file an answer or otherwise respond to the Complaint. This deadline shall
apply regardless of whether this Court retains jurisdiction, or refers all or part of this case to the
Bankruptcy Court.

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STIPULATED AND AGREED TO BY:
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DATED: July 27, 2017

BUCHALTER, A Professional Corporation

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By: /s/ Robert S. McWhorter
ROBERT S. MCWHORTER

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Attorneys for Defendant,
ZB, N.A., a national banking association, dba
California Bank & Trust

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DATED: July 27, 2017

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By:

/s/ Robert L. Brace
ROBERT L. BRACE

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Attorneys for Plaintiffs and all others similarly
situated

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I, the filer of this document, attest that each of the other signatories have consented to the
filing of this document.

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/s/ Robert S. McWhorter
Robert S. McWhorter

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BUCHALTER
A PROFESSIONAL CORPORATION
SACRAMENTO

-2STIPULATION AND [PROPOSED] ORDER
FURTHER EXTENDING DEFENDANT’S
RESPONSIVE PLEADING DEADLINE
BN 29717493v4

Case No. 2:17-cv-01123-WBS-DB

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ORDER
Based on the Parties’ Stipulation, and good cause appearing,
IT IS HEREBY ORDERED THAT:
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before August 28, 2017.
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3. The hearing on Defendant's Motion to Refer Case to US Bankruptcy Court shall be

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continued from August 21, 2017 to September 18, 2017 at 1:30 p.m.
4.

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CB&T shall have until 20 calendar days after notice to the Parties of the Court’s
entry of its written order ruling on the Referral Motion in which to file an answer

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or otherwise respond to the Complaint. This deadline shall apply regardless of

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whether this Court retains jurisdiction, or refers all or part of this case to the

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CB&T shall file and serve its reply to any opposition to the Referral Motion on or
before September 11, 2017.

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Plaintiffs shall file and serve their opposition, if any, to the Referral Motion on or

Bankruptcy Court.
5.

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The Scheduling Conference is continued from September 25, 2017 to November
20, 2017 at 1:30 p.m. A Joint Status Report shall be filed no later than November

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6, 2017.

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Dated: July 28, 2017

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BUCHALTER
A PROFESSIONAL CORPORATION
SACRAMENTO

-3STIPULATION AND [PROPOSED] ORDER
FURTHER EXTENDING DEFENDANT’S
RESPONSIVE PLEADING DEADLINE
BN 29717493v4

Case No. 2:17-cv-01123-WBS-DB