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)
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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: (213)-891-0700
Facsimile: (213)-896-0400
Email: raddison@buchalter.com
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ROBERT S. MCWHORTER (SBN 226186)
JARRETT S. OSBORNE-REVIS (SBN 289193)
BUCHALTER, A Professional Corporation
500 CAPITOL MALL, SUITE 1900
SACRAMENTO, CA 95814
Telephone: (213)-891-0700
Facsimile: (916)-945-5170
Email: rmchworter@buchalter.com
josbornerevis@buchalter.com
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
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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,
Plaintiffs,
vs.
ZB, N.A., a national banking association, dba
California Bank & Trust,
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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.
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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,
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Third-Party Plaintiff
vs.
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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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BUCHALTER
A PROFES SION AL CORPORAT ION
SACR AMENTO
STIPULATION RE: SHORTENED TIME
BN 71153709v1
Case No. 2:17-cv-01123-WBS-DB
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Plaintiffs Ronald C. Evans, Joan M. Evans, and Dennis Treadaway (collectively, “the
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Evans Class Plaintiffs”), Defendant Zions Bancorporation, N.A., a national banking association,
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formerly known as ZB, N.A., doing business as California Bank & Trust (“CB&T”), by and
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through their respective counsel of record, enter into the following stipulation:
RECITALS
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1.
On May 26, 2017, Plaintiffs filed a Class Action Complaint (the “Complaint”)
against CB&T in the above-captioned action. (Dkt. 42.)
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2.
The Complaint was dismissed on December 20, 2017. (Dkt. 28).
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3.
After an appeal to the 9th Circuit, a First Amended Complaint was filed on October
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15, 2019. (Dkt. 42).
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On December 19, 2019 the Court granted in part and denied in part Defendant
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CB&T’s motion to dismiss the First Amended Complaint allowing Plaintiffs to pursue four (4)
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causes of action against the Defendant. (Dkt. 50.)
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5.
On February 21, 2020, Defendant CB&T filed a Third Party Complaint against
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Third Party Defendants JTS Communities, Inc., Larry A. Carter, Jack T. Sweigart, and Bristol
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Insurance Company (collectively, “Third Party Defendants”) for equitable indemnity, equitable
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contribution, and declaratory relief in the above-captioned action (the “Third Party Complaint”).
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(Dkt. 55.)
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6.
The parties engaged in substantial discovery.
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7.
On May 24, 2022, Defendant CB&T dismissed the Third Party Defendants. (Dkt.
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95.) Accordingly, the Evans Class Plaintiffs and Defendant CB&T are the only parties remaining
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in the case.
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8.
The Evans Class Plaintiffs and Defendant CB&T have agreed to settle the
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case, subject to Court approval. The parties are presently documenting the settlement and
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preparing to file a motion for preliminary approval so that, if the motion is granted, notice of the
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settlement may be issued to putative class members.
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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
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the settlement during the calendar year; and (ii) many of the potential settlement class members
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are elderly and, due to economic circumstances, many desire to receive settlement funds as soon
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as possible. Accordingly, the parties agree that, if the settlement is to be approved by the Court,
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the settlement should be concluded before the end of the calendar year, meaning the time-
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consuming Court approval process should commence as soon as possible.
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10.
approval will be unopposed negating the need for any briefing beyond the motion itself.
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As the only parties in the case are the settling parties, the motion for preliminary
REQUEST TO SET HEARING ON SHORTENED TIME
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The parties agree that time is of the essence and that, in order to conclude the
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settlement during the calendar year, the preliminary approval hearing should be held on the first
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available date, which the Court clerk has advised is July 25, 2022. The parties are working
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together to get the settlement signed and the motion for preliminary approval filed as soon as is
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practicable, but believe they may be unable to file the motion by June 20, 2022, which is 35 days
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before July 25, 2022.
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12.
The parties agree that slightly (4 days) shortened time for the hearing on
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preliminary approval is needed in order to allow the settlement to conclude during the calendar
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year. The parties believe the motion for preliminary approval will be ready to file by June 24,
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2022, and respectfully request the Court allow the shortened briefing schedule for this motion.
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STIPULATION TO SET HEARING ON SHORTENED TIME
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IT IS HEREBY STIPULATED by and between the parties through their designated
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counsel that the motion for preliminary approval should be filed by June 24, 2022 with 4 days of
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shortened time for the preliminary approval hearing, which should be set for July 25, 2022.
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Dated: June 15, 2022
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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
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BUCHALTER
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A PROFES SION AL CORPORAT ION
SACR AMENTO
STIPULATION RE: SHORTENED TIME
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Case No. 2:17-cv-01123-WBS-DB
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Dated: June 15, 2022
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DENVER LAW, P.C.
By:
/s/ Michael P. Denver
Michael P. Denver
Attorneys for Plaintiffs and all other similarly
situated
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Dated: June 15, 2022
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By:
/s/ Robert L. Brace
Robert L. Brace
Attorneys for Plaintiffs and all other similarly
situated
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I, the filer of this document, attest that each of the other signatories have consented to the
filing of this document.
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_____/s/ Robert S. Addison, Jr.________
Robert S. Addison, Jr.
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BUCHALTER
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A PROFES SION AL CORPORAT ION
SACR AMENTO
STIPULATION RE: SHORTENED TIME
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Case No. 2:17-cv-01123-WBS-DB
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ORDER
Based upon the Parties’ Stipulation, and good cause appearing, IT IS HEREBY
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ORDERED that:
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a.
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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.
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Dated: June 16, 2022
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BUCHALTER
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A PROFES SION AL CORPORAT ION
SACR AMENTO
STIPULATION RE: SHORTENED TIME
BN 71153709v1
Case No. 2:17-cv-01123-WBS-DB
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