Evans et al v. ZB, N.A.

Filing 67

STIPULATION and ORDER signed by Senior Judge William B. Shubb on 7/23/2020 CONTINUING Case Deadlines for Settlement Discussions as follows: The Parties must exchange their initial disclosures on or before 8/27/2020; The date by which the Putative Class Action Representatives are to file and serve a Motion to designate their counsel as interim counsel is CONTINUED from 7/31/2020 to 9/8/2020. The Rule 26 Conference scheduled for 8/17/2020 is moved to 9/14/2020 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 conference report no later than 8/31/2020. (Mena-Sanchez, L)

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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:

Defendant.

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

May 26, 2017
None set

Assigned to The Hon. William B. Schubb

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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WHEREAS, on June 5, 2020 the Court issued an Order provided the following
deadlines:
•

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The Parties must exchange their initial disclosures under Federal Rule of Civil
Procedure 26(a) on or before July 17, 2020;

•

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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 Rule

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of Civil Procedure 23(g)(3) is July 31, 2020;

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•

The Rule 26 Conference is scheduled for August 17 , 2020 at 1:30; and

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•

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

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report no later than August 3, 2020.
WHEREAS, the Parties now agree to further continue case dates to allow additional
time for continued settlement talks and mediation.
WHEREAS, the Parties will mediate before the Honorable Richard Gilbert (Ret.) on

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August 17, 2020. This mediation had been previously scheduled for August 4, but was moved

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to August 17 to accommodate some of the parties’ scheduling conflicts.

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WHEREAS, the Parties agree to continue existing deadlines as follows:

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1.

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

Procedure 26(a) on or before August 27, 2020;
2.

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 Rule of Civil

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Procedure 23(g)(3) is continued from July 31, 2020 to September 8, 2020;
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STIPULATION AND [PROPOSED] ORDER CONTINUING DEADLINES

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3.

The Rule 26 Conference scheduled for August 17, 2020 at 1:30 p.m. is moved

to September 14, 2020 at 1:30; and,
4.

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

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report no later than August 31, 2020.

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Dated: July 23, 2020

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BUCHALTER, A Professional Corporation
By:

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Dated: July 23, 2020

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LAW OFFICES OF IAN W. CRAIG, PC
By:

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Dated: July 23, 2020

/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

/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

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: July 23, 2020

By:

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

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STIPULATION AND [PROPOSED] ORDER CONTINUING DEADLINES

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Dated: July 23, 2020

HOLLISTER & BRACE
A Professional Corporation
By:
/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
filing of this document.
Dated: July 23, 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

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

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IT IS HEREBY ORDERED that:

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1.

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

Procedure 26(a) on or before August 27, 2020;
2.

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 Rule of Civil

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Procedure 23(g)(3) is continued from July 31, 2020 to September 8, 2020;

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3.

The Rule 26 Conference scheduled for August 17, 2020 at 1:30 p.m. is moved

to September 14 , 2020 at 1:30; and
4.

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

report no later than August 31, 2020.

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Dated: July 23, 2020

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STIPULATION AND [PROPOSED] ORDER CONTINUING DEADLINES