Evans et al v. ZB, N.A.
Filing
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STIPULATION and ORDER signed by Senior Judge William B. Shubb on 2/17/2022 ORDERING: All Expert Disclosures due by 9/23/2022, Discovery completed by 11/18/2022, Motions filed by 1/20/2023, Scheduling Conference set for 12/19/2022 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb, and Joint Conference Report due by 12/15/2022. (Huang, H)
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Robert L. Brace, State Bar No. 122240
rlbrace@rusty.lawyer
1807 Santa Barbara Street
Santa Barbara, CA 93101
Telephone: 805-845-8211
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Michael P. Denver, State Bar No. 199279
mdenver@denverlawgroup.law
514 West Pueblo St., Ground Floor
Santa Barbara, CA 93101
Telephone: 805-896-4967
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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 DUE
TO OMICRON VARIANT
Plaintiffs,
vs.
Complaint Filed:
Trial Date:
ZB, N.A., a national banking association, dba
California Bank & Trust,
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.
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(a) All experts must be disclosed, and all reports on all issues, including liability,
On October 28, 2021, in Document 92, the Court ordered that:
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damages, and class certification, must be produced in accordance with Federal Rule
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of Civil 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
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be completed by July 19, 2022;
(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 September
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20, 2022; and
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(d) The Court shall conduct a further Scheduling Conference in Courtroom 5 (WBS) on
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August 29, 2022 at 1:30 p.m.
2.
The Evans Plaintiffs filed their case in Federal Court (the “Evans Federal Class
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Action”) on May 26, 2017. On June 1, 2017, the Third-Party Defendants sued Zions in a
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factually related case entitled JTS Communities, Inc., et al. v. Z.B., N.A., et al., Sacramento
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County Superior Court, Case No. 34-2017-00213368-CU-FR-GDD (hereinafter the “JTS State
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Court Action”). On February 21, 2020, Zions countersued the Third-Party Defendants in the
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Evans Federal Class Action. (Doc. #55).
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3.
In the JTS State Court Action, the Third-Party Defendants in this action, are
acting as Plaintiffs, and they have alleged claims against Zions arising out of the same fraud
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STIPULATION AND ORDER CONTINUING DEADLINES
BN 40787824v2
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scheme (committed by now-imprisoned Deepal Wannakuwatte) from which the claims in this
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action arise.
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4.
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. Discovery is completed in the JTS State Court
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Action. Discovery continues in the Evans Federal Class Action.
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5.
The Evans Federal Class Action was filed in 2017 a week before the JTS State
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Court Action was filed. Due to the 9th Circuit appeal in the Evans Federal Class Action, the JTS
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State Court Action advanced more rapidly against Zions and is ready for trial. An eight-week
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trial was scheduled to begin in November 2021. The trial date was vacated due to a stay issued
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by the California Court of Appeal. On January 21, 2022, after the denial of a petition for review
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by the Court of Appeal, the trial court held a status conference, following which the Court
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entered a minute order stating, “[t]he Court communicated to counsel the department's schedule
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and informed that trial proceedings may not commence until early June.” The court also stated
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that the postponement was due to public safety concerns brought on by the Covid-19 Omicron
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variant.
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6.
The trial court in the JTS State Court Action also ordered mandatory mediation
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to be held by the parties before one of three mediators selected by the Court. A mediator has
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been selected by Zions and the Third-Party Defendants with mediation set to take place on
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March 16, 2022.
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7.
Additionally, on June 8, 2015, the Bankruptcy Trustee for International
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Manufacturing Group, Beverly McFarland, filed an adversary action against Third-Party
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Defendants, McFarland v. Carter, et al., U.S. Bankruptcy Court, Eastern District of California
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Case No. 14-25820-D-11, Adv. No. 15-2122-D (the “Carter Adversary Action”), also arising
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out of the same fraud scheme from which the claims in this action arise. A pretrial conference
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is scheduled for March 29, 2022.
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STIPULATION AND ORDER CONTINUING DEADLINES
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8.
The Evans Plaintiffs and Zions have also agreed to attend a settlement
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conference before a paid mediator and are in the process of scheduling that mediation. The
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parties expect it to occur within the next 60 days, mediator’s schedule permitting.
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9.
Due to the 6-month public health delay in the trial of the JTS State Court
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Action, and Zions’ and the Evans Plaintiffs’ agreement to mediate this action, the Parties agree
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that the deadlines in the Evans Federal Class Action should be continued for 4-months or
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approximately 120 more days. With the Court’s permission, the following new deadlines would
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apply:
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(a) All experts must be disclosed, and all reports on all issues, including liability,
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damages, and class certification, must be produced in accordance with Federal Rule
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of Civil Procedure 26(a)(2) on or before September 23, 2022;
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(b) Discovery on all issues, including depositions for preservation of testimony, must
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be completed by November 18, 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 January 20,
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2023; and
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(d) The Court shall conduct a further Scheduling Conference in Courtroom 5 (WBS) on
or about December 16, 2022, based on the Court’s schedule.
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10.
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: February 17, 2022
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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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STIPULATION AND ORDER CONTINUING DEADLINES
BN 40787824v2
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Dated: February 17, 2022
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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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Dated: February 17, 2022
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: February 17, 2022
By:
/s/ Robert L. Brace
Robert L. Brace
Attorneys for Plaintiffs and all other
similarly situated
Dated: February 17, 2022
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
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of this document.
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Dated: February 17, 2022
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 be disclosed, and all reports on all issues, including liability,
damages, and class certification, must be produced in accordance with Federal Rule
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of Civil Procedure 26(a)(2) on or before September 23, 2022;
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b. Discovery on all issues, including depositions for preservation of testimony, must
be completed by November 18, 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 January 20,
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2023;
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d. The Scheduling Conference is continued from August 29, 2022 to December 19,
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 December 5, 2022.
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Dated: February 17, 2022
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STIPULATION AND ORDER CONTINUING DEADLINES
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