Evans v. Zions Bancorporation, N.A. ( 2019 )

1 JOEL G. SAMUELS (SBN 115264) ROBERT S. ADDISON, JR. (SBN 188565) 2 ANTHONY J. NAPOLITANO (SBN 227691) BUCHALTER, A Professional Corporation 3 1000 WILSHIRE BLVD STE 1500 LOS ANGELES, CA 90017 4 Telephone: (213)-891-0700 Facsimile: (213)-896-0400 5 Email: jsamuels@buchalter.com raddison@buchalter.com 6 anapolitano@buchalter.com 7 ROBERT S. MCWHORTER (SBN 226186) JARRETT S. OSBORNE-REVIS (SBN 289193) 8 BUCHALTER, A Professional Corporation 500 CAPITOL MALL, SUITE 1900 9 SACRAMENTO, CA 95814 Telephone: (213)-891-0700 10 Facsimile: (916)-945-5170 Email: rmchworter@buchalter.com 11 josbornerevis@buchalter.com 12 Attorneys for Defendant, ZIONS BANCORPORATION, N.A., A NATIONAL BANKING ASSOCIATION, FORMERLY KNOWN AS 13 ZB, N.A., DOING BUSINESS AS CALIFORNIA BANK & TRUST 14 UNITED STATES DISTRICT COURT 15 EASTERN DISTRICT OF CALIFORNIA 16 SACRAMENTO DIVISION 17 RONALD C. EVANS, an individual; JOAN M. Case No. 2:17-cv-01123-WBS-DB EVANS, an individual; DENNIS 18 TREADAWAY, an individual; and all others STIPULATION AND [PROPOSED similarly situated, ORDER] GRANTING LEAVE TO FILE 19 FIRST AMENDED COMPLAINT AND Plaintiffs, CONTINUING STATUS CONFERENCE 20 vs. Complaint Filed: May 26, 2017 21 Trial Date: None set ZB, N.A., a national banking association, dba 22 California Bank & Trust, 23 Defendant. 24 25 26 27 28 1 Plaintiffs Ronald C. Evans, Joan M. Evans, and Dennis Treadway, (the “Putative Class 2 Action Representatives”) and Defendant, Zions Bancorporation, N.A., a national banking 3 association, formerly known as ZB, N.A., doing business as California Bank & Trust (“CB&T”) 4 (collectively, the “Parties”), by and through their respective counsel of record, enter into the 5 following stipulation (the “Stipulation”): 6 1. On May 26, 2017, the Putative Class Action Representatives filed a Class Action 7 Complaint (the “Complaint”) against CB&T; 8 2. On December 19, 2017, this Court issued a Memorandum and Order Re: Motion to 9 Dismiss (the “Decision”), dismissing the Complaint. The Putative Class Action Representatives 10 subsequently appealed this Court’s dismissal. 11 3. On June 24, 2019, the U.S. Court of Appeals for the Ninth Circuit (the “Ninth 12 Circuit”) issued a Memorandum (the “Memorandum”) reversing, vacating, and remanding this 13 Court’s decision dismissing the Complaint. Evans v. ZB, N.A., No. 18-15094, 2019 U.S. App. 14 LEXIS 18781 (9th Cir. June 24, 2019). 15 4. On August 1, 2019, the Ninth Circuit denied CB&T’s Petition for Panel Rehearing 16 and for Rehearing En Banc. Evans v. ZB, N.A., No. 18-15094, 2019 U.S. App. LEXIS 23059, at 17 *1 (9th Cir. Aug. 1, 2019). 18 5. On August 9, 2019, the Ninth Circuit issued its formal mandate pursuant to Rule 19 41(a) of the Federal Rules of Appellate Procedure. 20 6. This Court subsequently ordered the parties to appear for a status conference on 21 September 16, 2019 at 1:30 p.m. and to file a Joint Status Report by September 3, 2019. 22 7. Counsel for the Parties met and conferred via telephone on August 21, 2019. 23 Pursuant to this telephone conversation, the Parties agreed to the following schedule, subject to 24 this Court’s approval: 25 a. the Putative Class Action Representatives shall file and serve a First Amended 26 Complaint (“FAC”) on or before October 14, 2019; and 27 b. CB&T shall file and serve an answer or other responsive pleading, which may 28 1 1 include a motion to dismiss under Rule 12 of the Federal Rules of Civil 2 Procedure, on or before November 15, 2019. 3 8. The Parties submit this proposal in an effort to conserve judicial resources. If the 4 foregoing schedule is acceptable, the Parties request that this Court continue the Status 5 Conference scheduled for September 16, 2019 at 1:30 p.m. to such other date and time as this 6 Court deems appropriate. 7 9. This Stipulation does not waive, alter, or modify any rights, defenses or claims of 8 any of the Parties in this case. 9 DATED: August 23, 2019 BUCHALTER, A Professional Corporation 10 11 By: /s/ Robert S. McWhorter 12 Attorneys for Defendant, Zions Bancorporation, N.A., a national banking 13 association, formerly known as ZB, N.A., doing business as California Bank & Trust 14 15 DATED: August 23, 2019 Robert L. Brace, Esq. 16 By: /s/ Robert L. Brace 17 Attorney for Plaintiffs and all others similarly 18 situated 19 20 21 22 23 24 25 26 27 28 2 1 DATED: August 23, 2019 HOLLISTER & BRACE, A Professional Corporation 2 3 By: /s/ Michael Denver MICHAEL P. DENVER 4 Attorneys for Plaintiffs and all others similarly 5 situated 6 7 I, the filer of this document, attest that each of the other signatories have consented to the 8 filing of this document. 9 10 /s/ Robert S. McWhorter Robert S. McWhorter 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 1 ORDER 2 Based upon the Parties’ Stipulation, and good cause appearing, 3 IT IS HEREBY ORDERED that: 4 1. the Putative Class Action Representatives shall file and serve a First Amended 5 Complaint, consistent with the Ninth Circuit’s Memorandum, on or before 6 October 14, 2019; and 7 2. CB&T shall file and serve an answer or other responsive pleading, which includes 8 the filing and service of a motion to dismiss under Rule 12 of the Federal Rules of 9 Civil Procedure, on or before November 15, 2019. 10 3. The Status Conference scheduled for September 16, 2019 at 1:30 p.m. is hereby 11 continued to January 21, 2020 at 1:30 p.m. A joint status report shall be filed no 12 later than January 7, 2020. 13 Dated: August 28, 2019 / 4 . a / 14 at en Vin (i 15 UNITED STATES DISTRICT JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28 SaaS AND PROPOSED ORDER RNIN CONTINUING STATUS CONFERENCE