Evans et al v. ZB, N.A.
Filing
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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)
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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 STE 1500
LOS ANGELES, CA 90017
Telephone: (213)-891-0700
Facsimile: (213)-896-0400
Email: jsamuels@buchalter.com
raddison@buchalter.com
anapolitano@buchalter.com
ROBERT S. MCWHORTER (SBN 226186)
JARRETT S. OSBORNE-REVIS (SBN 289193)
BUCHALTER, A Professional Corporation
500 CAPITOL MALL, SUITE 1900
SACRAMENTO, CA 95814
Telephone: (213)-891-0700
Facsimile: (916)-945-5170
Email: rmchworter@buchalter.com
josbornerevis@buchalter.com
Attorneys for Defendant, ZIONS BANCORPORATION, N.A.,
A NATIONAL BANKING ASSOCIATION, FORMERLY KNOWN AS
ZB, N.A., DOING BUSINESS AS 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.
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.
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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
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Plaintiffs Ronald C. Evans, Joan M. Evans, and Dennis Treadway, (the “Putative Class
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Action Representatives”) and Defendant, Zions Bancorporation, N.A., a national banking
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association, formerly known as ZB, N.A., doing business as California Bank & Trust (“CB&T”)
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(collectively, the “Parties”), by and through their respective counsel of record, enter into the
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following stipulation (the “Stipulation”):
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1.
On May 26, 2017, the Putative Class Action Representatives filed a Class Action
Complaint (the “Complaint”) against CB&T;
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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.
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On June 24, 2019, the U.S. Court of Appeals for the Ninth Circuit (the “Ninth
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Circuit”) issued a Memorandum (the “Memorandum”) reversing, vacating, and remanding this
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Court’s decision dismissing the Complaint. Evans v. ZB, N.A., No. 18-15094, 2019 U.S. App.
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LEXIS 18781 (9th Cir. June 24, 2019).
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4.
On August 1, 2019, the Ninth Circuit denied CB&T’s Petition for Panel Rehearing
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and for Rehearing En Banc. Evans v. ZB, N.A., No. 18-15094, 2019 U.S. App. LEXIS 23059, at
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*1 (9th Cir. Aug. 1, 2019).
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5.
On August 9, 2019, the Ninth Circuit issued its formal mandate pursuant to Rule
41(a) of the Federal Rules of Appellate Procedure.
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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.
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Counsel for the Parties met and conferred via telephone on August 21, 2019.
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Pursuant to this telephone conversation, the Parties agreed to the following schedule, subject to
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this Court’s approval:
a. the Putative Class Action Representatives shall file and serve a First Amended
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Complaint (“FAC”) on or before October 14, 2019; and
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b. CB&T shall file and serve an answer or other responsive pleading, which may
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BUCHALTER
A PROFES SION AL CORPORAT ION
SACR AMENTO
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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
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include a motion to dismiss under Rule 12 of the Federal Rules of Civil
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Procedure, on or before November 15, 2019.
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8.
The Parties submit this proposal in an effort to conserve judicial resources. If the
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foregoing schedule is acceptable, the Parties request that this Court continue the Status
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Conference scheduled for September 16, 2019 at 1:30 p.m. to such other date and time as this
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Court deems appropriate.
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9.
This Stipulation does not waive, alter, or modify any rights, defenses or claims of
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any of the Parties in this case.
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DATED: August 23, 2019
BUCHALTER, A Professional Corporation
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By: /s/ Robert S. McWhorter
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Attorneys for Defendant,
Zions Bancorporation, N.A., a national banking
association, formerly known as ZB, N.A., doing
business as California Bank & Trust
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DATED: August 23, 2019
Robert L. Brace, Esq.
By:
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/s/ Robert L. Brace
Attorney for Plaintiffs and all others similarly
situated
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BUCHALTER
A PROFES SION AL CORPORAT ION
SACR AMENTO
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STIPULATION AND [PROPOSED] ORDER
EXTENDING DEFENDANT’S RESPONSIVE
PLEADING DEADLINE
BN 37391402v1
Case No. 2:17-cv-01123-WBS-DB
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DATED: August 23, 2019
HOLLISTER & BRACE,
A Professional Corporation
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By:
/s/ Michael Denver
MICHAEL P. DENVER
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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 PROFES SION AL CORPORAT ION
SACR AMENTO
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STIPULATION AND [PROPOSED] ORDER
EXTENDING DEFENDANT’S RESPONSIVE
PLEADING DEADLINE
BN 37391402v1
Case No. 2:17-cv-01123-WBS-DB
ORDER
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Based upon the Parties’ Stipulation, and good cause appearing,
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IT IS HEREBY ORDERED that:
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1.
the Putative Class Action Representatives shall file and serve a First Amended
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Complaint, consistent with the Ninth Circuit’s Memorandum, on or before
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October 14, 2019; and
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2.
CB&T shall file and serve an answer or other responsive pleading, which includes
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the filing and service of a motion to dismiss under Rule 12 of the Federal Rules of
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Civil Procedure, on or before November 15, 2019.
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3.
The Status Conference scheduled for September 16, 2019 at 1:30 p.m. is hereby
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continued to January 21, 2020 at 1:30 p.m. A joint status report shall be filed no
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later than January 7, 2020.
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Dated: August 28, 2019
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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
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