Evans v. Zions Bancorporation, N.A. ( 2020 )

1 ROBERT S. ADDISON, JR. (SBN 188565) BUCHALTER, A Professional Corporation 2 1000 WILSHIRE BLVD STE 1500 LOS ANGELES, CA 90017 3 Telephone: (213)-891-0700 Facsimile: (213)-896-0400 4 Email: raddison@buchalter.com 5 ROBERT S. MCWHORTER (SBN 226186) JARRETT S. OSBORNE-REVIS (SBN 289193) 6 BUCHALTER, A Professional Corporation 500 CAPITOL MALL, SUITE 1900 7 SACRAMENTO, CA 95814 Telephone: (213)-891-0700 8 Facsimile: (916)-945-5170 Email: rmchworter@buchalter.com 9 josbornerevis@buchalter.com 10 Attorneys for Defendant, ZIONS BANCORPORATION, N.A., A NATIONAL BANKING ASSOCIATION, FORMERLY KNOWN AS 11 ZB, N.A., DOING BUSINESS AS CALIFORNIA BANK & TRUST 12 UNITED STATES DISTRICT COURT 13 EASTERN DISTRICT OF CALIFORNIA 14 SACRAMENTO DIVISION 15 RONALD C. EVANS, an individual; JOAN M. Case No. 2:17-cv-01123-WBS-DB EVANS, an individual; DENNIS 16 TREADAWAY, an individual; and all others STIPULATION AND [PROPOSED similarly situated, ORDER] CONTINUING STATUS 17 CONFERENCE Plaintiffs, 18 Complaint Filed: May 26, 2017 vs. Trial Date: None set 19 ZB, N.A., a national banking association, dba 20 California Bank & Trust, 21 Defendant. 22 23 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 and together with Plaintiffs, the “Parties”), by and through their respective counsel of record, 5 enter into the 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. On August 29, 2019, this Court ordered the parties to appear for a status 21 conference on January 21, 2020 at 1:30 p.m. and to file a Joint Status Report by January 7, 22 2020. 23 7. On October 15, 2019, the Putative Class Action Representatives filed their First 24 Amended Complaint (“FAC”). 25 8. On November 15, 2019, CB&T filed a Motion to Dismiss the Putative Class 26 Action Representatives’ FAC (“Dismissal Motion”), which the Court heard on December 16, 27 2019. 28 9. On December 18, 2019, this Court issued its Memorandum and Order granting in 1 part and denying in part CB&T’s Dismissal Motion. This Court’s Memorandum and Order 2 dismissed with leave to amend the Putative Class Action Representatives’ second cause of action 3 (securities fraud) based on transactions or acts before May 26, 2012, fourth cause of action 4 (aiding and abetting breach of fiduciary duty), and fifth cause of action (intentional interference 5 with contract). This Court’s Memorandum and Order denied CB&T’s Dismissal Motion as to the 6 Putative Class Action Representatives’ first cause of action (aiding and abetting fraud), second 7 cause of action (securities fraud) based on transactions or acts after May 26, 2012, third cause of 8 action (conspiracy to commit fraud), and sixth cause of action (violation of Penal Code section 9 496) (collectively, “Remaining Claims.”) This Court’s Memorandum and Order afforded the 10 Putative Class Action Representatives until January 2, 2020 to file a Second Amended Complaint. 11 10. The Putative Class Action Representatives did not file a Second Amended 12 Complaint by January 2, 2020. 13 11. Counsel for the Parties met and conferred via telephone on January 6, 2020. In 14 this telephone conversation, the Parties agreed to the following stipulation and schedule, subject 15 to this Court’s approval: 16 a. The Putative Class Action Representatives will not file a Second Amended 17 Complaint to attempt to cure the dismissals as outlined above; 18 b. CB&T will file and serve an answer to the Remaining Claims asserted in 19 Putative Class Action Representatives’ FAC on or before January 31, 2020; 20 c. The Putative Class Action Representatives’ counsel will file and serve a 21 motion with this Court seeking an order designating them as interim counsel 22 under Federal Rules of Civil Procedure 23(g)(3) on or before March 6, 2020; 23 d. The Parties will confer and attempt to agree upon a discovery plan, as required 24 by Federal Rule of Civil Procedure 26(f), on or before March 20, 2020; 25 e. The Parties will exchange their initial disclosures under Federal Rule of Civil 26 Procedure 26(a) on or before April 3, 2020; and 27 f. The Parties will file a joint status report on or before March 30, 2020. 28 12. The Parties submit this proposal in an effort to conserve judicial resources. If the 1 foregoing schedule is acceptable, the Parties request that this Court continue the Status 2 Conference scheduled for January 21, 2020 at 1:30 p.m. to April 13, 2020 at 1:30 p.m. or to such 3 other date and time as this Court deems appropriate. 4 13. This Stipulation does not waive, alter, or modify any rights, defenses or claims of 5 any of the Parties in this case. 6 Dated: January 7, 2020 BUCHALTER, A Professional Corporation 7 By: /s/ Robert S. McWhorter 8 Robert S. McWhorter Jarrett S. Osborne-Revis 9 Attorneys for Defendant, Zions Bancorporation, N.A., a national banking 10 association, formerly known as ZB, N.A., doing business as California Bank & Trust 11 12 Dated: January 7, 2020 13 By: /s/ Robert L. Brace Robert L. Brace, Esq. 14 Attorney for Plaintiffs and all others similarly 15 situated 16 Dated: January 7, 2020 HOLLISTER & BRACE, A Professional Corporation 17 18 By: /s/ Michael Denver Michael P. Denver 19 Attorneys for Plaintiffs and all others similarly situated 20 21 I, the filer of this document, attest that each of the other signatories have consented to the 22 filing of this document. 23 /s/ Robert S. McWhorter 24 Robert S. McWhorter 25 26 27 28 1 ORDER 2 Based upon the Parties’ Stipulation, and good cause appearing, 3 IT IS HEREBY ORDERED that: 4 1. CB&T must file and serve an answer to the Putative Class Representatives’ First 5 Amended Complaint on or before January 31, 2020. 6 2. The Parties must confer and attempt to agree upon a discovery plan, as required by 7 Federal Rule of Civil Procedure 26(f), on or before March 20, 2020. 8 3. The Parties must exchange their initial disclosures under Federal Rule of Civil 9 Procedure 26(a) on or before April 3, 2020. 10 4. The Status Conference scheduled for January 21, 2020 at 1:30 p.m. is hereby 11 continued to April 27, 2020 at 1:30 p.m. 12 5. The Parties must file a joint status conference report on or before April 13, 2020. Dated: January 7, 2020 / 7 . 14 eT ata V a 15 UNITED STATES DISTRICT JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28 coment