Evans et al v. ZB, N.A.

Filing 23

STIPULATION and ORDER signed by Senior Judge William B. Shubb on 10/17/2017 ORDERING Plaintiffs' Opposition to 21 Motion to Dismiss 11/6/2017; CB&T's reply shall be filed 11/20/2017; the motion hearing is CONTINUED to 11/27/2017 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. The Scheduling Conference is CONTINED to 2/12/2018 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb; Joint Status Report shall be filed no later than 1/29/2018. (Washington, S)

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1 2 3 4 5 6 7 8 Robert L. Brace, State Bar No. 122240 rlbrace@rusty.lawyer 1807 Santa Barbara Street Santa Barbara, CA 93101 Telephone: 805-845-8211 Michael P. Denver, State Bar No. 199279 mpdenver@hbsb.com HOLLISTER & BRACE A Professional Corporation 1126 Santa Barbara Street Santa Barbara, CA 93102 Telephone: 805-963-6711 Facsimile: 805-965-0329 Robert A. Curtis, State Bar No. 203870 rcurtis@foleybezek.com Aaron L. Arndt, State Bar No. 290748 aarndt@foleybezek.com FOLEY BEZEK BEHLE & CURTIS, LLP 15 West Carrillo Street Santa Barbara, CA 93101 Telephone: 805-962-9495 Facsimile: 805-962-0722 9 10 Attorneys for Plaintiffs and all others similarly situated 11 UNITED STATED DISTRICT COURT 12 FOR THE EASTERN DISTRICT OF CALIFORNIA 13 14 15 RONALD C. EVANS, an individual; JOAN M. EVANS, an individual; DENNIS TREADAWAY, an individual; an all others similarly situated, Plaintiffs, 16 17 18 vs. CASE NO.: 2:17-cv-01123-WBS-DB STIPULATION AND [PROPOSED] ORDER ESTABLISHING BRIEFING SCHEDULE AND HEARING DATE ON MOTION TO DISMISS Complaint Filed: Trial Date: May 26, 2017 None set ZB, N.A., a national banking association, dba California Bank & Trust, 19 Defendant. 20 21 STIPULATION 22 23 Plaintiffs Ronald C. Evans, Joan M. Evans, and Dennis Treadaway, (collectively, the 24 “Plaintiffs”) and Defendant ZB, N.A., a national banking association, doing business as 25 California Bank & Trust (“CB&T”) (collectively, the “Parties”), by and through their respective 26 counsel of record, enter into the following stipulation (the “Stipulation”). 27 28 1. On October 5, 2017, CB&T filed a Motion to Dismiss this Class Action 1 STIPULATION AND [PROPOSED] ORDER RE BRIEFING SCHEDULE Case No. 2:17-cv-01123-WBS-DB 1 Complaint. The Motion is currently scheduled to be heard by this Court on November 13, 2017 2 at 1:30 p.m. 3 2. Plaintiffs’ counsel have informed CB&T of a scheduling conflict and the Parties 4 have met and conferred regarding the need to alter the Motion timing. Based on the Parties’ 5 discussion, the Parties agree that Plaintiffs’ Opposition shall be filed on November 6th, CB&T’s 6 Reply shall be filed on November 20th and the Hearing shall be November 27, 2017 at 1:30 7 p.m., or as soon thereafter as the Court allows. 8 9 STIPULATED AND AGREED TO BY: 10 11 DATED: October 16, 2017 12 BUCHALTER, A Professional Corporation By: 13 14 Attorneys for Defendant, ZB, N.A., a national banking association, dba California Bank & Trust 15 16 /s/ Robert S. McWhorter ROBERT S. MCWHORTER DATED: October 16, 2017 17 HOLLISTER & BRACE A Profession Corporation 18 By: 19 20 /s/ Michael P. Denver MICHAEL P. DENVER Attorneys for Plaintiffs and all others similarly situated 21 22 23 24 I, the filer of this document, attest that each of the other signatories have consented to the filing of this document. 25 26 27 /s/ Michael P. Denver Michael P. Denver 28 2 STIPULATION AND [PROPOSED] ORDER RE BRIEFING SCHEDULE Case No. 2:17-cv-01123-WBS-DB 1 ORDER 2 Based on the Parties’ Stipulation, and good cause appearing, 3 IT IS HEREBY ORDERED THAT: 4 1. Plaintiffs’ Opposition to CB&T’s Motion to Dismiss shall be filed November 6, 6 2. CB&T’s Reply shall be filed November 20, 2017. 7 3. The Hearing on CB&T’s Motion to Dismiss shall be November 27, 2017 at 8 1:30 p.m. 9 4. 5 2017. The Scheduling Conference is continued to February 12, 2018 at 1:30 p.m. A 10 Joint Status Report shall be filed no later than January 29, 2018. 11 Dated: October 17, 2017 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 STIPULATION AND [PROPOSED] ORDER RE BRIEFING SCHEDULE Case No. 2:17-cv-01123-WBS-DB

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