Evans et al v. ZB, N.A.

Filing 87

STIPULATION and ORDER signed by Senior Judge William B. Shubb on 5/3/21 ORDERING that all experts disclosures are due on or before 1/26/22. Discovery to be completed by 3/28/22. All motions, including motions for summary judgment or partial summ ary judgment and including motions for class certification, shall be filed on or before 5/23/22. A further Scheduling Conference is SET for 4/11/2022 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. A joint status report shall be filed no later than 3/28/22. (Kastilahn, A)

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ROBERT S. ADDISON, JR. (SBN 188565)
C. DANA HOBART (SBN: 125139
MANCY PENDERGRASS (SBN: 252705)
BUCHALTER, A Professional Corporation
1000 WILSHIRE BLVD STE 1500
LOS ANGELES, CA 90017
Telephone: [phone]
Facsimile: (213)-896-0400
Email: [e-mail]
[e-mail]
[e-mail]
ROBERT S. MCWHORTER (SBN 226186)
MICHAEL J. MUSE-FISHER (SBN: 253232)
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]
[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,
Plaintiffs,

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vs.

Case No. 2:17-cv-01123-WBS-DB
STIPULATION AND ORDER
CONTINUING DEADLINES
Complaint Filed: May 26, 2017
Trial Date: None set

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 [ORDER] CONTINUING DEADLINES

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

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Plaintiffs Ronald C. Evans, Joan M. Evans, and Dennis Treadaway (collectively,

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“Plaintiffs”), Defendant, Zions Bancorporation, N.A., a national banking association, formerly

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known as ZB, N.A., doing business as California Bank & Trust (“CBT”), and Third Party

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Defendants JTS Communities, Inc., Larry A. Carter, Jack T. Sweigart, and Bristol Insurance

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Company (“Third Party Defendants”), (collectively, the “Parties”) by and through their

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

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1.

On October 15, 2019, Plaintiffs filed a First Amended Complaint against CBT.

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(Dkt. 42.)
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2.

On February 21, 2020, CBT filed a Third Party Complaint against the Third

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Party Defendants. (Dkt. 55.)
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3.
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On October 1, 2020, this Court entered a Status (Pre-Trial Scheduling) Order

(the “Status Order”). (Dkt. 74.) In the Status Order, this Court set the following deadlines:
Description of Deadline
Deadline
1. Disclosure of experts and production of
July 26, 2021
reports on all issues, including liability,
damages, and class certification, in
accordance with Federal Rule of Civil
Procedure 26(a)(2)
2. Completion of discovery on all issues,
September 28, 2021
including depositions for preservation of
testimony
3. Filing of all motions, including motions for
November 23, 2021
summary judgment or partial summary
judgment and including motions for class
certification
4.

Under the Status Order, this Court set a further scheduling conference for

October 12, 2021 at 1:30 p.m., in Courtroom 5 (WBS).
5.

Since this Court entered the Status Order, discovery has been proceeding

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expeditiously, productively and efficiently. CBT and Third Party Defendants have been

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conducting depositions in a related case entitled civil suit, JTS Communities, Inc., et al. v. Z.B.,

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N.A., et al., Sacramento County Superior Court, Case No. 34-2017-00213368-CU-FR-GDD

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(the “JTS State Action”), in which the Third Party Defendants seek a judgment against CBT in

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BUCHALTER
A PROFES SION AL CORPORAT ION
SACR AMENTO

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STIPULATION AND [PROPOSED ORDER] CONTINUING DEADLINES

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

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excess of $26 million related to the same fraud perpetrated by Deepal Wannakuwatte through

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his company, International Manufacturing Group (“IMG”). To avoid duplication and to

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promote efficiency, Plaintiffs’ counsel attended numerous depositions in the JTS State Action

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over the past six months. The Third Party Defendants and CBT are in the process of conducting

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and completing expert discovery in the JTS State Action. An eight-week trial in the JTS State

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Action is currently scheduled to begin on June 21, 2021. However, the court in the JTS State

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Action recently notified the Third Party Defendants and CBT that the trial will be continued

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from June 21, 2021 to a date sometime in late 2021 (or later) due to the restrictions and the

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backlog caused by the Covid-19 pandemic.

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REQUEST TO CONTINUE DEADLINES
6.

Plaintiff, CBT, and the Third Party Defendants require additional time to

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complete discovery and to file dispositive motions, especially given the ongoing proceedings in

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the JTS State Action. Accordingly, they jointly request that this Court enter an order continuing

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the following deadlines in the Status Order for a period of six months, as follows:

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1.

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2.

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3.

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4.

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7.

Description of Deadline
Disclosure of experts and production of
reports on all issues, including liability,
damages, and class certification, in
accordance with Federal Rule of Civil
Procedure 26(a)(2)
Completion of discovery on all issues,
including depositions for preservation of
testimony
Filing of all motions, including motions for
summary judgment or partial summary
judgment and including motions for class
certification
Further Scheduling Conference in Courtroom
5 (WBS).

Deadline
January 26, 2022

March 28, 2022

May 23, 2022

On April 11, 2022
at 1:30 p.m.

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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BUCHALTER
A PROFES SION AL CORPORAT ION
SACR AMENTO

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STIPULATION AND [PROPOSED ORDER] CONTINUING DEADLINES

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

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Dated: April 30, 2021

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BUCHALTER, A Professional Corporation
By:

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Dated: April 30, 2021

LAW OFFICES OF IAN W. CRAIG, PC
By:

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Dated: April 30, 2021

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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

PETERSON WATTS LAW GROUP, LLP
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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/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: April 30, 2021

By:

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

(Signatures Are Continued on the Next Page)

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BUCHALTER
A PROFES SION AL CORPORAT ION
SACR AMENTO

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STIPULATION AND [PROPOSED ORDER] CONTINUING DEADLINES

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

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Dated: April 30, 2021

DENVER LAW GROUP

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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

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filing of this document.

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Dated: April 30, 2021

BUCHALTER

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By:
/s/ Robert S. McWhorter
Robert S. McWhorter
Attorneys for Plaintiffs and all other similarly

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BUCHALTER
A PROFES SION AL CORPORAT ION
SACR AMENTO

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STIPULATION AND [PROPOSED ORDER] CONTINUING DEADLINES

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

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ORDER
Based upon the Parties’ Stipulation, and good cause appearing, if the case does not
settle,
IT IS HEREBY ORDERED that:
a. All experts must disclosed, and all reports on all issues, including liability, damages,

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and class certification, must be produced in accordance with Federal Rule of Civil
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Procedure 26(a)(2) on or before January 26, 2022;
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b. Discovery on all issues, including depositions for preservation of testimony, must be
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completed by March 28, 2022;
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c. All motions, including motions for summary judgment or partial summary judgment
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and including motions for class certification, shall be filed on or before May 23,
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2022;
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d. The remaining provisions of the Status Order shall remain; and
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e. This Court shall conduct a further Scheduling Conference in Courtroom 5 (WBS) on
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April 11, 2022 at 1:30 p.m. A joint status report shall be filed no later than March
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28, 2022.
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Dated: May 3, 2021

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BUCHALTER
A PROFES SION AL CORPORAT ION
SACR AMENTO

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STIPULATION AND [PROPOSED ORDER] CONTINUING DEADLINES

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