Evans et al v. ZB, N.A.

Filing 97

STIPULATION and ORDER to shorten time 96 signed by Senior Judge William B. Shubb on 6/16/2022: a) The Motion for Preliminary Approval of Class Action Settlement shall be filed on or before 6/24/2022; b) The hearing on the Motion for Preliminary Approval of Class Action Settlement shall be scheduled for 7/25/2022 at 1:30 p.m. (Kirksey Smith, K)

1
2
3
4

ROBERT S. ADDISON, JR. (SBN 188565)
C. DANA HOBART (SBN 125139)
BUCHALTER, A Professional Corporation
1000 WILSHIRE BLVD STE 1500
LOS ANGELES, CA 90017
Telephone: [phone]
Facsimile: (213)-896-0400
Email: [e-mail]

5
6
7
8
9
10
11
12

ROBERT S. MCWHORTER (SBN 226186)
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]
Attorneys for Defendant, ZIONS BANCORPORATION, N.A.,
A NATIONAL BANKING ASSOCIATION, FORMERLY KNOWN AS
ZB, N.A., DOING BUSINESS AS CALIFORNIA BANK & TRUST
UNITED STATES DISTRICT COURT

13
EASTERN DISTRICT OF CALIFORNIA
14
15
16
17
18
19

RONALD C. EVANS, an individual; JOAN
M. EVANS, an individual; DENNIS
TREADAWAY, an individual; and all others
similarly situated,
Plaintiffs,
vs.
ZB, N.A., a national banking association, dba
California Bank & Trust,

22

STIPULATION RE: SHORTENED TIME
FOR HEARING ON MOTION FOR
PRELIMINARY APPROVAL OF CLASS
ACTION SETTLEMENT; ORDER
Complaint Filed: May 26, 2017
Trial Date: None set

Defendant.

20
21

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

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

23

Third-Party Plaintiff
vs.

24
25
26
27

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

28
BUCHALTER
A PROFES SION AL CORPORAT ION
SACR AMENTO

STIPULATION RE: SHORTENED TIME
BN 71153709v1

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

1

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

2

Evans Class Plaintiffs”), Defendant Zions Bancorporation, N.A., a national banking association,

3

formerly known as ZB, N.A., doing business as California Bank & Trust (“CB&T”), by and

4

through their respective counsel of record, enter into the following stipulation:
RECITALS

5
6
7

1.

On May 26, 2017, Plaintiffs filed a Class Action Complaint (the “Complaint”)

against CB&T in the above-captioned action. (Dkt. 42.)

8

2.

The Complaint was dismissed on December 20, 2017. (Dkt. 28).

9

3.

After an appeal to the 9th Circuit, a First Amended Complaint was filed on October

10
11

15, 2019. (Dkt. 42).
4.

On December 19, 2019 the Court granted in part and denied in part Defendant

12

CB&T’s motion to dismiss the First Amended Complaint allowing Plaintiffs to pursue four (4)

13

causes of action against the Defendant. (Dkt. 50.)

14

5.

On February 21, 2020, Defendant CB&T filed a Third Party Complaint against

15

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

16

Insurance Company (collectively, “Third Party Defendants”) for equitable indemnity, equitable

17

contribution, and declaratory relief in the above-captioned action (the “Third Party Complaint”).

18

(Dkt. 55.)

19

6.

The parties engaged in substantial discovery.

20

7.

On May 24, 2022, Defendant CB&T dismissed the Third Party Defendants. (Dkt.

21

95.) Accordingly, the Evans Class Plaintiffs and Defendant CB&T are the only parties remaining

22

in the case.

23

8.

The Evans Class Plaintiffs and Defendant CB&T have agreed to settle the

24

case, subject to Court approval. The parties are presently documenting the settlement and

25

preparing to file a motion for preliminary approval so that, if the motion is granted, notice of the

26

settlement may be issued to putative class members.

27
28

9.

The parties agree that the preliminary approval hearing should be set for the

earliest possible date because: (i) for business and accounting reasons, CB&T desires to conclude

BUCHALTER
A PROFES SION AL CORPORAT ION
SACR AMENTO

STIPULATION RE: SHORTENED TIME
BN 71153709v1

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

1

the settlement during the calendar year; and (ii) many of the potential settlement class members

2

are elderly and, due to economic circumstances, many desire to receive settlement funds as soon

3

as possible. Accordingly, the parties agree that, if the settlement is to be approved by the Court,

4

the settlement should be concluded before the end of the calendar year, meaning the time-

5

consuming Court approval process should commence as soon as possible.

6
7

10.

approval will be unopposed negating the need for any briefing beyond the motion itself.

8
9

As the only parties in the case are the settling parties, the motion for preliminary

REQUEST TO SET HEARING ON SHORTENED TIME
11.

The parties agree that time is of the essence and that, in order to conclude the

10

settlement during the calendar year, the preliminary approval hearing should be held on the first

11

available date, which the Court clerk has advised is July 25, 2022. The parties are working

12

together to get the settlement signed and the motion for preliminary approval filed as soon as is

13

practicable, but believe they may be unable to file the motion by June 20, 2022, which is 35 days

14

before July 25, 2022.

15

12.

The parties agree that slightly (4 days) shortened time for the hearing on

16

preliminary approval is needed in order to allow the settlement to conclude during the calendar

17

year. The parties believe the motion for preliminary approval will be ready to file by June 24,

18

2022, and respectfully request the Court allow the shortened briefing schedule for this motion.

19

STIPULATION TO SET HEARING ON SHORTENED TIME

20

IT IS HEREBY STIPULATED by and between the parties through their designated

21

counsel that the motion for preliminary approval should be filed by June 24, 2022 with 4 days of

22

shortened time for the preliminary approval hearing, which should be set for July 25, 2022.

23
24

Dated: June 15, 2022

25

BUCHALTER, A Professional Corporation
By: _____/s/ Robert S. Addison, Jr.________
Robert S. Addison, Jr
C. Dana Hobart
Attorneys for Defendant and Third Party
Plaintiff Zions Bancorporation, N.A., doing
business as California Bank & Trust

26
27
28
BUCHALTER

2

A PROFES SION AL CORPORAT ION
SACR AMENTO

STIPULATION RE: SHORTENED TIME
BN 71153709v1

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

1
2

Dated: June 15, 2022

3

DENVER LAW, P.C.

By:
/s/ Michael P. Denver
Michael P. Denver
Attorneys for Plaintiffs and all other similarly
situated

4
5
6
7

Dated: June 15, 2022

8

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

9
10
11
12

I, the filer of this document, attest that each of the other signatories have consented to the
filing of this document.

13
_____/s/ Robert S. Addison, Jr.________
Robert S. Addison, Jr.

14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
BUCHALTER

2

A PROFES SION AL CORPORAT ION
SACR AMENTO

STIPULATION RE: SHORTENED TIME
BN 71153709v1

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

1
2

ORDER
Based upon the Parties’ Stipulation, and good cause appearing, IT IS HEREBY

3

ORDERED that:

4

a.

5
6
7

The Motion for Preliminary Approval of Class Action Settlement shall be filed
on or before June 24, 2022;

b.

The hearing on the Motion for Preliminary Approval of Class Action Settlement
shall be scheduled on July 25, 2022, at 1:30 p.m.

8
9

Dated: June 16, 2022

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
BUCHALTER

2

A PROFES SION AL CORPORAT ION
SACR AMENTO

STIPULATION RE: SHORTENED TIME
BN 71153709v1

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