Evans et al v. ZB, N.A.

Filing 41

STIPULATION and ORDER signed by Senior Judge William B. Shubb on 8/28/19 ORDERING that the Putative Class Action Representatives shall file and serve a First Amended Complaint, consistent with the Ninth Circuit's Memorandum, on or before October 14, 2019. CB&T shall file and serve an answer or other responsive pleading, which includes the filing and service of a motion to dismiss, on or before November 15, 2019. Status Conference continued to 1/21/2020 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. A joint status report shall be filed no later than January 7, 2020. (Kaminski, H)

1
2
3
4
5
6
7
8
9
10
11
12
13

JOEL G. SAMUELS (SBN 115264)
ROBERT S. ADDISON, JR. (SBN 188565)
ANTHONY J. NAPOLITANO (SBN 227691)
BUCHALTER, A Professional Corporation
1000 WILSHIRE BLVD STE 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, ZIONS BANCORPORATION, N.A.,
A NATIONAL BANKING ASSOCIATION, FORMERLY KNOWN AS
ZB, N.A., DOING BUSINESS AS CALIFORNIA BANK & TRUST

14

UNITED STATES DISTRICT COURT

15

EASTERN DISTRICT OF CALIFORNIA

16

SACRAMENTO DIVISION

17
18
19

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

20
21
22
23

vs.

Case No. 2:17-cv-01123-WBS-DB
STIPULATION AND [PROPOSED
ORDER] GRANTING LEAVE TO FILE
FIRST AMENDED COMPLAINT AND
CONTINUING STATUS CONFERENCE
Complaint Filed: May 26, 2017
Trial Date: None set

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

24
25
26
27
28
BUCHALTER
A PROFES SION AL CORPORAT ION
SACR AMENTO

STIPULATION AND [PROPOSED ORDER] GRANTING
LEAVE TO FILE FIRST AMENDED COMPLAINT AND
CONTINUING STATUS CONFERENCE
BN 37391402v1

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

1

Plaintiffs Ronald C. Evans, Joan M. Evans, and Dennis Treadway, (the “Putative Class

2

Action Representatives”) and Defendant, Zions Bancorporation, N.A., a national banking

3

association, formerly known as ZB, N.A., doing business as California Bank & Trust (“CB&T”)

4

(collectively, the “Parties”), by and through their respective counsel of record, enter into the

5

following stipulation (the “Stipulation”):

6
7
8
9
10
11

1.

On May 26, 2017, the Putative Class Action Representatives filed a Class Action

Complaint (the “Complaint”) against CB&T;
2.

On December 19, 2017, this Court issued a Memorandum and Order Re: Motion to

Dismiss (the “Decision”), dismissing the Complaint. The Putative Class Action Representatives
subsequently appealed this Court’s dismissal.
3.

On June 24, 2019, the U.S. Court of Appeals for the Ninth Circuit (the “Ninth

12

Circuit”) issued a Memorandum (the “Memorandum”) reversing, vacating, and remanding this

13

Court’s decision dismissing the Complaint. Evans v. ZB, N.A., No. 18-15094, 2019 U.S. App.

14

LEXIS 18781 (9th Cir. June 24, 2019).

15

4.

On August 1, 2019, the Ninth Circuit denied CB&T’s Petition for Panel Rehearing

16

and for Rehearing En Banc. Evans v. ZB, N.A., No. 18-15094, 2019 U.S. App. LEXIS 23059, at

17

*1 (9th Cir. Aug. 1, 2019).

18
19
20
21
22

5.

On August 9, 2019, the Ninth Circuit issued its formal mandate pursuant to Rule

41(a) of the Federal Rules of Appellate Procedure.
6.

This Court subsequently ordered the parties to appear for a status conference on

September 16, 2019 at 1:30 p.m. and to file a Joint Status Report by September 3, 2019.
7.

Counsel for the Parties met and conferred via telephone on August 21, 2019.

23

Pursuant to this telephone conversation, the Parties agreed to the following schedule, subject to

24

this Court’s approval:
a. the Putative Class Action Representatives shall file and serve a First Amended

25

Complaint (“FAC”) on or before October 14, 2019; and

26

b. CB&T shall file and serve an answer or other responsive pleading, which may

27
28
BUCHALTER
A PROFES SION AL CORPORAT ION
SACR AMENTO

1
STIPULATION AND [PROPOSED ORDER] GRANTING
LEAVE TO FILE FIRST AMENDED COMPLAINT AND
CONTINUING STATUS CONFERENCE
BN 37391402v1

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

1

include a motion to dismiss under Rule 12 of the Federal Rules of Civil

2

Procedure, on or before November 15, 2019.

3

8.

The Parties submit this proposal in an effort to conserve judicial resources. If the

4

foregoing schedule is acceptable, the Parties request that this Court continue the Status

5

Conference scheduled for September 16, 2019 at 1:30 p.m. to such other date and time as this

6

Court deems appropriate.

7

9.

This Stipulation does not waive, alter, or modify any rights, defenses or claims of

8

any of the Parties in this case.

9

DATED: August 23, 2019

BUCHALTER, A Professional Corporation

10
11

By: /s/ Robert S. McWhorter

12

Attorneys for Defendant,
Zions Bancorporation, N.A., a national banking
association, formerly known as ZB, N.A., doing
business as California Bank & Trust

13
14
15
16

DATED: August 23, 2019

Robert L. Brace, Esq.
By:

17

/s/ Robert L. Brace
Attorney for Plaintiffs and all others similarly
situated

18
19
20
21
22
23
24
25
26
27
28
BUCHALTER
A PROFES SION AL CORPORAT ION
SACR AMENTO

2
STIPULATION AND [PROPOSED] ORDER
EXTENDING DEFENDANT’S RESPONSIVE
PLEADING DEADLINE
BN 37391402v1

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

1

DATED: August 23, 2019

HOLLISTER & BRACE,
A Professional Corporation

2
3

By:

/s/ Michael Denver
MICHAEL P. DENVER

4
Attorneys for Plaintiffs and all others similarly
situated

5
6
7
8

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

9
10

/s/ Robert S. McWhorter
Robert S. McWhorter

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
BUCHALTER
A PROFES SION AL CORPORAT ION
SACR AMENTO

2
STIPULATION AND [PROPOSED] ORDER
EXTENDING DEFENDANT’S RESPONSIVE
PLEADING DEADLINE
BN 37391402v1

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

ORDER

1
2

Based upon the Parties’ Stipulation, and good cause appearing,

3

IT IS HEREBY ORDERED that:

4

1.

the Putative Class Action Representatives shall file and serve a First Amended

5

Complaint, consistent with the Ninth Circuit’s Memorandum, on or before

6

October 14, 2019; and

7

2.

CB&T shall file and serve an answer or other responsive pleading, which includes

8

the filing and service of a motion to dismiss under Rule 12 of the Federal Rules of

9

Civil Procedure, on or before November 15, 2019.

10

3.

The Status Conference scheduled for September 16, 2019 at 1:30 p.m. is hereby

11

continued to January 21, 2020 at 1:30 p.m. A joint status report shall be filed no

12

later than January 7, 2020.

13

Dated: August 28, 2019

14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
BUCHALTER
A PROFES SION AL CORPORAT ION
SACR AMENTO

4
STIPULATION AND [PROPOSED ORDER] GRANTING
LEAVE TO FILE FIRST AMENDED COMPLAINT AND
CONTINUING STATUS CONFERENCE
BN 37391402v1

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