Evans et al v. ZB, N.A.

Filing 52

STIPULATION and ORDER signed by Senior Judge William B. Shubb on 1/7/20 ORDERING that CB&T must file and serve an answer to the Putative Class Representatives' First Amended Complaint on or before January 31, 2020. The Parties must confe r and attempt to agree upon a discovery plan on or before March 20, 2020. The Parties must exchange their initial disclosures on or before April 3, 2020. Status Conference continued to 4/27/2020 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. The Parties must file a joint status conference report on or before April 13, 2020. (Kaminski, H)

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ROBERT S. ADDISON, JR. (SBN 188565)
BUCHALTER, A Professional Corporation
1000 WILSHIRE BLVD STE 1500
LOS ANGELES, CA 90017
Telephone: [phone]
Facsimile: (213)-896-0400
Email: [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

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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,

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STIPULATION AND [PROPOSED
ORDER] CONTINUING STATUS
CONFERENCE

Plaintiffs,

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

Complaint Filed: May 26, 2017
Trial Date: None set

vs.
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] CONTINUING STATUS CONFERENCE
BN 39037791v3

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

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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and together with Plaintiffs, the “Parties”), by and through their respective counsel of record,

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enter into the following stipulation (the “Stipulation”):
1.

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

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

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.

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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).
4.

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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).
5.

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

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

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On August 29, 2019, this Court ordered the parties to appear for a status

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conference on January 21, 2020 at 1:30 p.m. and to file a Joint Status Report by January 7,

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2020.
7.

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On October 15, 2019, the Putative Class Action Representatives filed their First

Amended Complaint (“FAC”).
8.

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On November 15, 2019, CB&T filed a Motion to Dismiss the Putative Class

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Action Representatives’ FAC (“Dismissal Motion”), which the Court heard on December 16,

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2019.

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9.

On December 18, 2019, this Court issued its Memorandum and Order granting in

BUCHALTER
A PROFES SION AL CORPORAT ION
SACR AMENTO

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STIPULATION AND [PROPOSED ORDER] CONTINUING STATUS CONFERENCE
BN 39037791v3

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

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part and denying in part CB&T’s Dismissal Motion. This Court’s Memorandum and Order

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dismissed with leave to amend the Putative Class Action Representatives’ second cause of action

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(securities fraud) based on transactions or acts before May 26, 2012, fourth cause of action

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(aiding and abetting breach of fiduciary duty), and fifth cause of action (intentional interference

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with contract). This Court’s Memorandum and Order denied CB&T’s Dismissal Motion as to the

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Putative Class Action Representatives’ first cause of action (aiding and abetting fraud), second

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cause of action (securities fraud) based on transactions or acts after May 26, 2012, third cause of

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action (conspiracy to commit fraud), and sixth cause of action (violation of Penal Code section

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496) (collectively, “Remaining Claims.”) This Court’s Memorandum and Order afforded the

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Putative Class Action Representatives until January 2, 2020 to file a Second Amended Complaint.
10.

The Putative Class Action Representatives did not file a Second Amended

Complaint by January 2, 2020.
11.

Counsel for the Parties met and conferred via telephone on January 6, 2020. In

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this telephone conversation, the Parties agreed to the following stipulation and schedule, subject

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to this Court’s approval:

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a. The Putative Class Action Representatives will not file a Second Amended

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Complaint to attempt to cure the dismissals as outlined above;

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b. CB&T will file and serve an answer to the Remaining Claims asserted in
Putative Class Action Representatives’ FAC on or before January 31, 2020;

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c. The Putative Class Action Representatives’ counsel will file and serve a

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motion with this Court seeking an order designating them as interim counsel

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under Federal Rules of Civil Procedure 23(g)(3) on or before March 6, 2020;

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d. The Parties will confer and attempt to agree upon a discovery plan, as required

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by Federal Rule of Civil Procedure 26(f), on or before March 20, 2020;

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e. The Parties will exchange their initial disclosures under Federal Rule of Civil

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Procedure 26(a) on or before April 3, 2020; and

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f. The Parties will file a joint status report on or before March 30, 2020.
12.

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

BUCHALTER
A PROFES SION AL CORPORAT ION
SACR AMENTO

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STIPULATION AND [PROPOSED ORDER] CONTINUING STATUS CONFERENCE
BN 39037791v3

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

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

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Conference scheduled for January 21, 2020 at 1:30 p.m. to April 13, 2020 at 1:30 p.m. or to such

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other date and time as this Court deems appropriate.

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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: January 7, 2020

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BUCHALTER, A Professional Corporation
By: /s/ Robert S. McWhorter
Robert S. McWhorter
Jarrett S. Osborne-Revis

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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: January 7, 2020

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By:

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Dated: January 7, 2020

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

HOLLISTER & BRACE,
A Professional Corporation

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By:

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/s/ Michael Denver
Michael P. Denver
Attorneys for Plaintiffs and all others similarly
situated

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] CONTINUING STATUS CONFERENCE
BN 39037791v3

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.

Amended Complaint on or before January 31, 2020.

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2.

3.

4.

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The Status Conference scheduled for January 21, 2020 at 1:30 p.m. is hereby
continued to April 27, 2020 at 1:30 p.m.

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The Parties must exchange their initial disclosures under Federal Rule of Civil
Procedure 26(a) on or before April 3, 2020.

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The Parties must confer and attempt to agree upon a discovery plan, as required by
Federal Rule of Civil Procedure 26(f), on or before March 20, 2020.

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CB&T must file and serve an answer to the Putative Class Representatives’ First

5.

The Parties must file a joint status conference report on or before April 13, 2020.

Dated: January 7, 2020

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BUCHALTER
A PROFES SION AL CORPORAT ION
SACR AMENTO

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STIPULATION AND [PROPOSED ORDER] CONTINUING STATUS CONFERENCE
BN 39037791v3

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