Evans et al v. ZB, N.A.

Filing 92

STIPULATION and ORDER signed by Senior Judge William B. Shubb on 10/28/2021 ORDERING that Designation of Experts due by 5/24/2022. All Discovery must be completed by 7/19/2022. All Motions shall be filed on or before 9/20/2022. The Court shall conduct a further Scheduling Conference on 8/29/2022 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. The parties shall meet and confer and file a joint conference report no later than 8/15/2022. (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]
514 West Pueblo St., Ground Floor
Santa Barbara, CA 93105
Telephone: [phone]

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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,

CASE NO.: 2:17-cv-01123-WBS-DB
STIPULATION AND ORDER
CONTINUING CASE DEADLINES TO
ALLOW DEFENDANT AND THIRDPARTY DEFENDANTS TO CONDUCT
THEIR STATE COURT TRIAL
WITHOUT INTERRUPTION

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

Complaint Filed:
Trial Date:

Defendant.

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ZIONS BANCORPORATION, N.A., a
national banking association, formerly known
as ZB, N.A., doing business as California Bank
& Trust,
Third-Party Plaintiff
vs.
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
BN 40787824v2

May 26, 2017
None set

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Plaintiffs and putative class representatives Ronald C. Evans, Joan M. Evans, and

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Dennis Treadaway, (the “Evans Plaintiffs”), Defendant, Zions Bancorporation, N.A., a national

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

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(“Zions”), 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.
(a)

On May 4, 2021, the Court ordered that:

All experts must be 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 Procedure

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26(a)(2) on or before January 26, 2022;

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(b)

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completed by March 28, 2022;

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(c)

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and including motions for class certification, shall be filed on or before May 23, 2022; and

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(d)

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April 11, 2022.

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2.

Discovery on all issues, including depositions for preservation of testimony, must be

All motions, including motions for summary judgment or partial summary judgment

The Court shall conduct a further Scheduling Conference in Courtroom 5 (WBS) on

After the subject litigation was filed by the Evans Plaintiffs in Federal Court

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(the “Evans Federal Class Action”), but before Zions countersued the Third Party Defendants,

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the Third Party Defendants sued Zions in a factually related case entitled JTS Communities,

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Inc., et al. v. Z.B., N.A., et al., Sacramento County Superior Court, Case No. 34-2017-

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00213368-CU-FR-GDD (hereinafter the “JTS State Court Action”). In the JTS State Court

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Action, the Third-Party Defendants in this action, are acting as Plaintiffs, and they have alleged

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claims against Zions arising out of the same fraud scheme (committed by now-imprisoned

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Deepal Wannakuwatte) from which the claims in this action arise.

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STIPULATION AND ORDER CONTINUING DEADLINES
BN 40787824v2

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3.

Discovery has been proceeding in the JTS State Court Action and the Evans

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Federal Class Action. Over 2,200 exhibits have been marked for examination during the

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roughly 50 depositions that have been taken.

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4.

The Evans Federal Class Action was filed a short time before the JTS State

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Court Action. Due to the 9th Circuit appeal in the Evans Federal Class Action, the JTS State

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Court Action has advanced more rapidly and is ready for trial.

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scheduled to begin on November 4, 2021, requiring the full attention of Zions, the Third-Party

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Defendants, the witnesses and the participating lawyers. Allowing the JTS State Court Action

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to proceed without the interruption by procedural matters scheduled in the Evans Federal Class

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An eight-week trial is

Action benefits all the Parties, including the members of the putative class.

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5.

Therefore, the Parties agree that the deadlines in the Evans Federal Class Action

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should be continued for 120 more days. With the Courts permission, the following new

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deadlines would apply:

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(a)

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and class certification, must be produced in accordance with Federal Rule of Civil Procedure

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26(a)(2) on or before May 24, 2022;

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(b)

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completed by July 19, 2022;

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(c)

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including motions for class certification, shall be filed on or before September 20, 2022; and

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(d)

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about August 16th, 2022, based on the Court’s schedule.

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All experts must be disclosed, and all reports on all issues, including liability, damages,

Discovery on all issues, including depositions for preservation of testimony, must be

All motions, including motions for summary judgment or partial summary judgment and

The Court shall conduct a further Scheduling Conference in Courtroom 5 (WBS) on or

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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: October 28, 2021

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BUCHALTER, A Professional Corporation
By:

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/s/ Robert S. McWhorter
Robert S. McWhorter
Jarrett S. Osborne-Revis

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STIPULATION AND ORDER CONTINUING DEADLINES
BN 40787824v2

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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: October 28, 2021

LAW OFFICES OF IAN W. CRAIG, PC

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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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Dated: October 28, 2021

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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PETERSON WATTS LAW GROUP, LLP

Dated: October 28, 2021

By:

Dated: October 28, 2021

By:

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

/s/ Michael P. Denver
Michael P. Denver
Attorneys for Plaintiffs and all other
similarly situated
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: October 28, 2021

By:

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/s/ Michael P. Denver
Michael P. Denver

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STIPULATION AND ORDER CONTINUING DEADLINES
BN 40787824v2

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ORDER
Based upon the Parties’ Stipulation, and good cause appearing:
IT IS HEREBY ORDERED that:
a. All experts must disclosed, and all reports on all issues, including liability, damages,
and class certification, must be produced in accordance with Federal Rule of Civil

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Procedure 26(a)(2) on or before May 24, 2022;

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b. Discovery on all issues, including depositions for preservation of testimony, must
be completed by July 19, 2022;

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c. All motions, including motions for summary judgment or partial summary judgment
and including motions for class certification, shall be filed on or before September

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20, 2022;

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d. The Court shall conduct a further Scheduling Conference in Courtroom 5 (WBS) on
August 29, 2022 at 1:30 p.m.; and

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e. The Parties shall meet and confer on Rule 26 issues and file a joint conference
report no later than August 15, 2022.

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Dated: October 28, 2021

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STIPULATION AND ORDER CONTINUING DEADLINES
BN 40787824v2