Evans et al v. ZB, N.A.

Filing 16

STIPULATION and ORDER signed by Senior Judge William B. Shubb on 8/24/17 ORDERING that Plaintiffs shall file and serve their opposition, if any, to the Referral Motion on or before 9/11/17; CB&T shall file and serve its reply to any opposition to t he Referral Motion on or before 9/25/17; and The hearing on Referral Motions 7 shall be CONTINUED from 9/11/17 to 10/2/2017 at 01:30 PM. CB&T shall have until 20 calendar days after notice of withdrawal of the Referral Motion or notice to the Parties of the Court's entry of its written order ruling on the Referral Motion, whichever is first, in which to file an answer or otherwise respond to the Complaint. (Mena-Sanchez, L)

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Robert A. Curtis, State Bar No. 203870
[e-mail]
Kevin D. Gamarnik, State Bar No. 273445
[e-mail]
Aaron L. Arndt, State Bar No. 290748
[e-mail]
FOLEY BEZEK BEHLE & CURTIS, LLP
15 West Carrillo Street
Santa Barbara CA 93101
Telephone: [phone]
Facsimile: [phone]
Attorney for Plaintiffs and all others similarly
situated

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Robert L. Brace, State Bar No. 122240
[e-mail]
1807 Santa Barbara Street
Santa Barbara, CA 93101
Telephone: [phone]
Michael P. Denver, State Bar No. 199279
[e-mail]
HOLLISTER & BRACE,
a Professional Corporation
1126 Santa Barbara Street
Santa Barbara, CA 93101
Telephone: [phone]
Facsimile: [phone]

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,

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Plaintiffs,
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
SECOND 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:
September 18, 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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STIPULATION AND [PROPOSED] ORDER FURTHER EXTENDING
DEFENDANT’S RESPONSIVE PLEADING DEADLINE

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.
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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 was initially scheduled to be heard by this Court on

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

The parties stipulated to continue the hearing date to September 18, 2017, at 1:30

P.M., with the Opposition to the Referral Motion to be filed on August 28, 2017, and the Reply to
be filed on September 11, 2017.
8.

In another action filed in Sacramento Superior Court involving the same purported

ponzi scheme, JTS Communities, Inc., et al. v. ZB, N.A., et al. action (“JTS Action”), CB&T
removed the case to U.S. Bankruptcy Court for the Eastern District of California, the Honorable
Robert S. Bardwil presiding. On August 3, 2017, Judge Bardwil issued an order remanding the

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-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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JTS Action to the Sacramento Superior Court.
9.

The Parties are meeting and conferring regarding whether Judge Bardwil’s ruling

in the JTS action has any bearing on CB&T’s Referral Motion in this action, and whether CB&T
may withdraw its Referral Motion.
10.

Thus, the Parties agree to the following schedule with respect to the Referral

Motion while the parties continue to meet and confer as to whether ZB, N.A., will withdraw its
Referral Motion:

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a.

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on or before September 11, 2017;

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b.

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c.

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CB&T shall file and serve its reply to any opposition to the Referral
Motion on or before September 25, 2017; and

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

The hearing on Referral Motion shall be continued from September 18,
2017 at 1:30 p.m. to October 2, 2017, at 1:30 p.m.

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To allow time for this Court to hear and determine the Referral Motion in the event

that it is not withdrawn by CB&T, the Parties agree to further extend CB&T’s Response Deadline
such that CB&T shall have until 20 calendar days after notice of withdrawal of the Referral
Motion or notice to the Parties of the Court’s entry of its written order ruling on the Referral
Motion, whichever is first, 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: August 23, 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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BUCHALTER
A PROFES SION AL CORPORAT ION
SACR AMENTO

-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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DATED: August 23, 2017

FOLEY BEZEK BEHLE & CURTIS LLP

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By:

/s/ Kevin D. Gamarnik
KEVIN D. GAMARNIK

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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/ Kevin D. Gamarnik___________
Kevin D. Gamarnik

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BUCHALTER
A PROFES SION AL CORPORAT ION
SACR AMENTO

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

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before September 11, 2017;

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2. CB&T shall file and serve its reply to any opposition to the Referral Motion on or

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before September 25, 2017; and

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3. The hearing on Referral Motion shall be continued from September 18, 2017 at

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1:30 p.m. to October 2, 2017, at 1:30 p.m.

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4. CB&T shall have until 20 calendar days after notice of withdrawal of the

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Referral Motion or notice to the Parties of the Court’s entry of its written order

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ruling on the Referral Motion, whichever is first, in which to file an answer or

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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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Bankruptcy Court
Dated: August 24, 2017

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-4STIPULATION AND [PROPOSED] ORDER
FURTHER EXTENDING DEFENDANT’S
RESPONSIVE PLEADING DEADLINE
BN 29717493v4

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