Evans et al v. ZB, N.A.

Filing 58

STIPULATION and ORDER signed by Senior Judge William B. Shubb on 3/5/20 ORDERING that Status Conference is continued to 7/6/2020 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. The Parties shall meet and confer on Rule 26 issues and file a joint status report no later than June 22, 2020. (Kaminski, H)

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Robert L. Brace, State Bar No. 122240
[e-mail]
1807 Santa Barbara Street
Santa Barbara, CA 93101
Telephone: [phone]

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Michael P. Denver, State Bar No. 199279
[e-mail]
HOLLISTER & BRACE
A Professional Corporation
1126 Santa Barbara Street
Santa Barbara, CA 93102
Telephone: [phone]
Facsimile: 805-965-0329

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Attorneys for Plaintiffs and all others similarly situated

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UNITED STATED DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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

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CASE NO.: 2:17-cv-01123-WBS-DB
STIPULATION AND ORDER
CONTINUING CASE DEADLINES BY
60 DAYS FOR MEDIATION

Plaintiffs,

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vs.

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

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Defendant.

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

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

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association, formerly known as ZB, N.A., doing business as California Bank & Trust

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(“CB&T”) and together with the Plaintiffs, the “Parties”, by and through their respective

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counsel of record, enter into the following stipulation (the “Stipulation”):

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1.

The Plaintiffs’ Class Action Complaint against CB&T was filed nearly 3 years

ago, on May 26, 2017. The original Complaint was dismissed in December 2017 and the
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STIPULATION AND [PROPOSED] ORDER CONTINUING DEADLINES BY 60 DAYS FOR MEDIATION

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Plaintiffs appealed the dismissal.

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2.

In June of 2019, the Ninth Circuit issued a Memorandum Opinion reversing the

dismissal. Evans v. ZB, N.A., 2019 U.S. App. LEXIS 18781 (9th Cir. June 24, 2019).

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3.

In October of 2019, the Plaintiffs filed their First Amended Complaint (“FAC”).

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4.

In November 2019, CB&T filed a Motion to Dismiss the FAC and on December

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18, 2019, this Court issued its Memorandum and Order granting in part and denying in part

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CB&T’s Motion to Dismiss. The Court’s Memorandum and Order afforded the Plaintiffs until

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January 2, 2020 to file a Second Amended Complaint, if they chose to do so.

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5.

CB&T timely filed its Answer to the FAC.

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The Plaintiffs chose not to file a Second Amended Complaint and thereafter

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On January 7, 2020, the Court entered an order setting forth the following

deadlines (the “Scheduling Order”):

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a.

The Parties must confer and attempt to agree upon a discovery plan, as

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required by Federal Rule of Civil Procedure 26(f), on or before March

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20, 2020.

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b.

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

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c.

A Status Conference was scheduled for April 27, 2020 at 1:30 p.m.

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d.

The Parties must file a joint status conference report on or before April

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13, 2020.

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7.

Counsel for the Parties recently discussed avenues to resolve, on their own, this

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nearly 3 year-old litigation. In that regard, a mediation has been set for March 30, 2020 in San

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Francisco, before retired Placer County Superior Court Judge Richard L. Gilbert.

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8.

To allow time for the Parties to proceed with mediation without incurring

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potentially unnecessary attorneys’ fees and costs, the Parties jointly request the Court to

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continue case deadlines in the Scheduling Order for 60 calendar days such that if the case does

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not settle, the following deadlines would apply:

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STIPULATION AND [PROPOSED] ORDER CONTINUING DEADLINES BY 60 DAYS FOR MEDIATION

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a.

Plaintiffs’ Counsel will file and serve a motion with this Court seeking

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an order designating them as interim counsel under Federal Rules of

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Civil Procedure 23(g)(3) on or before May 5, 2020;

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b.

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

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required by Federal Rules of Civil Procedure 26(f), on or before May 19,

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2020; and

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c.

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The Parties will exchange their initial disclosures under Federal Rules of
Civil Procedure 26(f), on or before June 2, 2020.

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

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

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Conference scheduled for April 27, 2020 at 1:30 p.m., to June 26, 2020, or to such other date

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and time as this Court deems appropriate.

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

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of any of the Parties in this case.

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Dated: March 5, 2020

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BUCHALTER, A Professional Corporation
B:

/s/ Robert S. McWhorter
Robert S. McWhorter
Jarrett S. Osborne-Revis
Attorneys for Defendant,
Zion Bancorporation, N.A., a national
banking association, formerly known as
ZB, N.A., doing business as California
Bank & Trust

Dated: March 5, 2020

By:

/s/ Robert L. Brace
Robert L. Brace
Attorneys for Plaintiffs and all other
similarly situated

Dated: March 5, 2020

HOLLISTER & BRACE
A Professional Corporation

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By:

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

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STIPULATION AND [PROPOSED] ORDER CONTINUING DEADLINES BY 60 DAYS FOR MEDIATION

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

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Dated: March 5, 2020

HOLLISTER & BRACE
A Professional Corporation

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By:
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/s/ Michael P. Denver
Michael P. Denver
Attorneys for Plaintiffs and all other
similarly situated

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STIPULATION AND [PROPOSED] ORDER CONTINUING DEADLINES BY 60 DAYS FOR MEDIATION

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ORDER
Based upon the Parties’ Stipulation, and good cause appearing, if the case does not

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settle,

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IT IS HEREBY ORDERED that:

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1.

Plaintiffs’ Counsel will file and serve a motion with this Court seeking an order

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designating them as interim counsel under Federal Rules of Civil Procedure

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23(g)(3) on or before May 5, 2020;

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2.

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by Federal Rule of Civil Procedure 26(f), on or before May 19, 2020;
3.

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The Parties must exchange their initial disclosures under Federal Rule of Civil
Procedure 26(a) on or before June 2, 2020;

4.

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The Parties must confer and attempt to agree upon a discovery plan, as required

The Conference scheduled for April 27, 2020 at 1:30 p.m. is hereby continued to
July 6, 2020 at 1:30 p.m.; and

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The Parties shall meet and confer on Rule 26 issues and file a joint status report
no later than June 22, 2020.

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Dated: March 5, 2020

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STIPULATION AND [PROPOSED] ORDER CONTINUING DEADLINES BY 60 DAYS FOR MEDIATION