Evans et al v. ZB, N.A.

Filing 69

STIPULATION and ORDER signed by Senior Judge William B. Shubb on 8/25/2020 CONTINUING deadlines as follows: Initial Disclosures due by 9/10/2020, Motion to Designate Interim Counsel to be filed by 9/22/2020, Rule 26 Conference set for 9/28/2020 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb, and the Parties shall meet and confer on Rule 26 issues and file a Joint Conference Report no later than 9/14/2020. (Huang, 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; 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

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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May 26, 2017
None set

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 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 July 24, 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 August 27, 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 September 8, 2020;

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•

The Rule 26 Conference is scheduled for September 14 , 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 31, 2020.
WHEREAS, the Parties now agree to further continue case dates to allow additional
time for continued settlement talks and mediation.

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WHEREAS, the Plaintiffs and CB&T mediated before the Honorable Richard Gilbert

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(Ret.) on August 17, 2020. Though no settlement was reached at the mediation, Plaintiffs and

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CB&T continue to discuss settlement, and Judge Gilbert remains actively involved in the post-

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mediation discussions. The Parties would like to allow a small window time (2 weeks) to see if

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those discussions can result in a settlement framework.

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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 September 10, 2020;

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STIPULATION AND ORDER CONTINUING DEADLINES

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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 September 8, 2020 to September 22, 2020;

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3.

The Rule 26 Conference scheduled for September 14, 2020 at 1:30 p.m. is

moved to September 28, 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 September 14, 2020.

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Dated: August 20, 2020

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BUCHALTER, A Professional Corporation
By:

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Dated: August 20, 2020

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LAW OFFICES OF IAN W. CRAIG, PC
By:

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Dated: August 20, 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: August 20, 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 ORDER CONTINUING DEADLINES

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Dated: August 20, 2020

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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: August 21, 2020

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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STIPULATION AND 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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1.

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

Procedure 26(a) on or before September 10, 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 September 8, 2020 to September 22, 2020;

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3.

The Rule 26 Conference scheduled for September 14, 2020 at 1:30 p.m. is

moved to September 28, 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 September 14, 2020.

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Dated: August 25, 2020

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STIPULATION AND ORDER CONTINUING DEADLINES