Evans et al v. ZB, N.A.

Filing 18

STIPULATION and ORDER signed by Senior Judge William B. Shubb on 09/12/17 ORDERING that CB&T's 7 Referral Motion is WITHDRAWN without prejudice; CB&T shall have until 10/05/17 to file and serve its answer or other response to the Complaint. (Benson, A.)

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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) WITHDRAWING DEFENDANT’S
MOTION TO REFER THIS CLASS
ACTION COMPLAINT; AND
(2) SETTING DEADLINE FOR
DEFENDANT TO FILE AND SERVE
ITS MOTION TO DISMISS
PLAINTIFFS’ CLASS ACTION
COMPLAINT
Date:
October 2, 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 PROFES SION AL CORPORAT ION
SACR AMENTO

STIPULATION AND [PROPOSED] ORDER WITHDRAWING
DEFENDANT’S MOTION TO REFER AND SETTING DEADLINE TO
FILE/SERVE MOTION TO DISMISS
BN 30911714v2

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 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”). The Referral Motion is currently scheduled to be heard by this Court on
October 2, 2017 at 1:30 p.m.
2.

The Parties have met and conferred regarding the Referral Motion. Based on the

Parties’ discussions, CB&T agrees to withdraw the Referral Motion without prejudice to the
rights of to any of the Parties.
3.

The Parties previously agreed that the deadline to file an answer or otherwise

respond to the Complaint would be 20 calendar days after notice to the Parties of the Court’s
entry of its written order ruling on the Referral Motion. Given CB&T’s withdrawal of the
Referral Motion, it is hereby agreed by the Parties that CB&T shall have until Thursday
October 5, 2017 to file and serve its answer or other response to the Complaint.

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STIPULATED AND AGREED TO BY:
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DATED: September 11, 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

-1STIPULATION AND [PROPOSED] ORDER WITHDRAWING
DEFENDANT’S MOTION TO REFER AND SETTING DEADLINE TO
FILE/SERVE MOTION TO DISMISS
BN 30911714v2

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

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DATED: September 11, 2017

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By:

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Attorneys for Plaintiffs and all others similarly
situated

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/s/ Robert L. Brace
ROBERT L. BRACE

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 PROFES SION AL CORPORAT ION
SACR AMENTO

-2STIPULATION AND [PROPOSED] ORDER WITHDRAWING
DEFENDANT’S MOTION TO REFER AND SETTING DEADLINE TO
FILE/SERVE MOTION TO DISMISS
BN 30911714v2

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

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[PROPOSED] ORDER
Based on the Parties’ Stipulation, and good cause appearing,
IT IS HEREBY ORDERED THAT:
1.

CB&T’s Referral Motion is withdrawn without prejudice to any of the Parties.

2.

CB&T shall have until Thursday, October 5, 2017 to file and serve its answer or

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other response to the Complaint.

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Dated: September 12, 2017

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BUCHALTER
A PROFES SION AL CORPORAT ION
SACR AMENTO

-3STIPULATION AND [PROPOSED] ORDER WITHDRAWING
DEFENDANT’S MOTION TO REFER AND SETTING DEADLINE TO
FILE/SERVE MOTION TO DISMISS
BN 30911714v2

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