Evans et al v. ZB, N.A.

Filing 65

STIPULATION and ORDER to Continue Case Deadlines 64 signed by Senior Judge William B. Shubb on 6/5/2020: a. The Parties must exchange their initial disclosures under Federal Rule of Civil Procedure 26(a) on or before 7/17/2020; b. The date by which the Putative Class Action Representatives are to file and serve a motion to designate their counsel as interim counsel under Federal Rule of Civil Procedure 23(g)(3) is continued from 7/10/2020 to 7/31/2020; c. The Status Conference Re Ninth Circuit Remand scheduled for 7/6/2020 is moved to 8/17/2020 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb and d. The Parties shall meet and confer on Rule 26 issues and file a joint conference report no later than 8/3/2020. (Kirksey Smith, K)

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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; and all others
similarly situated,

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STIPULATION AND ORDER
CONTINUING CASE DEADLINES FOR
SETTLEMENT DISCUSSIONS

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

Complaint Filed:
Trial Date:

May 26, 2017
None set

Defendant.

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CASE NO.: 2:17-cv-01123-WBS-DB

ZIONS BANCORPORATION, N.A., a
national banking association, formerly known
as ZB, N.A., doing business as California Bank
& Trust,
Third-Party Plaintiff

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vs.
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JTS COMMUNITIES, INC., a California
Corporation; LARRY A. CARTER, an
individual; JACK T. SWEIGART, an
individual; and BRISTOL INSURANCE
COMPANY, a dissolved Utah corporation; and
ROES 1-20 inclusive
Third-Party Defendants

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STIPULATION AND [PROPOSED] ORDER CONTINUING DEADLINES

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

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Action Representatives”), 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

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(“CB&T”), and Third Party Defendants JTS Communities, Inc., Larry A. Carter, Jack T.

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Sweigart, and Bristol Insurance Company (“Third Party Defendants”), (collectively, the

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

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(the “Stipulation”):

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1.

On March 6, 2020, before the Third Party Defendants had appeared in this

litigation, the Court ordered that:
a. The Putative Class Action Representatives and CB&T must exchange their initial

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disclosures under Federal Rule of Civil Procedure 26(a) on or before June 2, 2020;

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b. The Rule 26 Conference is scheduled for June 26, 2020 at 1:30 p.m.; and

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c. The Parties shall meet and confer on Rule 26 issues and file a joint conference

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report 14 days before the conference.
2.

Separately, the Court issued an Order on May 6, 2020 directing the Putative

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Class Action Representatives to file and serve a motion to designate their counsel as interim

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counsel under Federal Rule of Civil Procedure 23(g)(3) on or before July 10, 2020.

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3.

Counsel for the Putative Class Action Representatives and CB&T recently

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discussed avenues to resolve, on their own, this 3 year-old litigation.

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confidential settlement briefs have been exchanged, settlement discussions are ongoing and a

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mediator was retained in retired Placer County Superior Court Judge Richard L. Gilbert.

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4.

In that regard,

On June 1, 2020, Third Party Defendants filed their Answer to CB&T’s Third

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Party Complaint. Counsel for CB&T and the Third Party Defendants have also been discussing

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the desire to engage in meaningful settlement discussions, and the Third Party Defendants have

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also agreed to mediate with Judge Gilbert.

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5.

To allow time for mediation without incurring potentially unnecessary

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attorneys’ fees and costs, the Parties jointly request the Court to continue case deadlines such

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that if the case does not settle, the following deadlines would apply:
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STIPULATION AND [PROPOSED] ORDER CONTINUING DEADLINES

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a. The Parties must exchange their initial disclosures under Federal Rule of

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Civil Procedure 26(a) on or before July 17, 2020;

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b. The date by which the Putative Class Action Representatives are to file and

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serve a motion to designate their counsel as interim counsel under Federal

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Rule of Civil Procedure 23(g)(3) is continued from July 10, 2020 to July 31,

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2020;

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c. The Rule 26 Conference scheduled for June 26, 2020 at 1:30 p.m. is moved

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to August 12, 2020 at 1:30; and

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d. The Parties shall meet and confer on Rule 26 issues and file a joint

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conference report 14 days before the conference.
6.

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

of any of the parties in this case.

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Dated: June 4, 2020

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BUCHALTER, A Professional Corporation
By:

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/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

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Dated: June 4, 2020

LAW OFFICES OF IAN W. CRAIG, PC
By:

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/s/ Ian W. Craig
Ian W. Craig
Attorneys for Third-Party Defendants,
JTS Communities, Inc., a California
Corporation, Larry A. Carter, an
individual; Jack T. Sweigart, an individual
and Bristol Insurance Company, a
dissolved Utah corporation

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STIPULATION AND [PROPOSED] ORDER CONTINUING DEADLINES

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Dated: June 4, 2020

PETERSON WATTS LAW GROUP, LLP

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By:__/s/ Glenn W. Peterson
Glenn W. Peterson
Attorneys for Third-Party Defendants,
JTS Communities, Inc., a California
Corporation, Larry A. Carter, an
individual; Jack T. Sweigart, an individual
and Bristol Insurance Company, a
dissolved Utah corporation

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Dated: June 4, 2020

By:

Dated: June 4, 2020

HOLLISTER & BRACE
A Professional Corporation

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

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

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filing of this document.

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Dated: June 4, 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

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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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a. The Parties must exchange their initial disclosures under Federal Rule of Civil

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Procedure 26(a) on or before July 17, 2020;

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b. The date by which the Putative Class Action Representatives are to file and serve a

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motion to designate their counsel as interim counsel under Federal Rule of Civil

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Procedure 23(g)(3) is continued from July 10, 2020 to July 31, 2020;

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c. The Rule 26 Conference scheduled for July 6, 2020 at 1:30 p.m. is moved to
August 17 , 2020 at 1:30; and
d. The Parties shall meet and confer on Rule 26 issues and file a joint conference
report no later than August 3, 2020.

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Dated: June 5, 2020

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STIPULATION AND [PROPOSED] ORDER CONTINUING DEADLINES