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

1 Robert L. Brace, State Bar No. 122240 rlbrace@rusty.lawyer 2 1807 Santa Barbara Street Santa Barbara, CA 93101 3 Telephone: 805-845-8211 4 Michael P. Denver, State Bar No. 199279 5 mpdenver@hbsb.com HOLLISTER & BRACE 6 A Professional Corporation 1126 Santa Barbara Street 7 Santa Barbara, CA 93102 8 Telephone: 805-963-6711 Facsimile: 805-965-0329 9 10 Attorneys for Plaintiffs and all others similarly situated 11 UNITED STATED DISTRICT COURT 12 FOR THE EASTERN DISTRICT OF CALIFORNIA 13 RONALD C. EVANS, an individual; JOAN CASE NO.: 2:17-cv-01123-WBS-DB 14 M. EVANS, an individual; DENNIS TREADAWAY, an individual; an all others STIPULATION AND ORDER 15 similarly situated, CONTINUING CASE DEADLINES BY 60 DAYS FOR MEDIATION 16 Plaintiffs, 17 vs. 18 ZB, N.A., a national banking association, dba California Bank & Trust, 19 Defendant. 20 21 22 Plaintiffs Ronald C. Evans, Joan M. Evans, and Dennis Treadaway, (the “Putative Class 23 Action Representatives”) and Defendant, Zion Bancorporation, N.A., a national banking 24 association, formerly known as ZB, N.A., doing business as California Bank & Trust 25 (“CB&T”) and together with the Plaintiffs, the “Parties”, by and through their respective 26 counsel of record, enter into the following stipulation (the “Stipulation”): 27 1. The Plaintiffs’ Class Action Complaint against CB&T was filed nearly 3 years 1 Plaintiffs appealed the dismissal. 2 2. In June of 2019, the Ninth Circuit issued a Memorandum Opinion reversing the 3 dismissal. Evans v. ZB, N.A., 2019 U.S. App. LEXIS 18781 (9th Cir. June 24, 2019). 4 3. In October of 2019, the Plaintiffs filed their First Amended Complaint (“FAC”). 5 4. In November 2019, CB&T filed a Motion to Dismiss the FAC and on December 6 18, 2019, this Court issued its Memorandum and Order granting in part and denying in part 7 CB&T’s Motion to Dismiss. The Court’s Memorandum and Order afforded the Plaintiffs until 8 January 2, 2020 to file a Second Amended Complaint, if they chose to do so. 9 5. The Plaintiffs chose not to file a Second Amended Complaint and thereafter 10 CB&T timely filed its Answer to the FAC. 11 6. On January 7, 2020, the Court entered an order setting forth the following 12 deadlines (the “Scheduling Order”): 13 a. The Parties must confer and attempt to agree upon a discovery plan, as 14 required by Federal Rule of Civil Procedure 26(f), on or before March 15 20, 2020. 16 b. The Parties must exchange their initial disclosure under Federal Rule of 17 Civil Procedure 26(a) on or before April 3, 2020. 18 c. A Status Conference was scheduled for April 27, 2020 at 1:30 p.m. 19 d. The Parties must file a joint status conference report on or before April 20 13, 2020. 21 7. Counsel for the Parties recently discussed avenues to resolve, on their own, this 22 nearly 3 year-old litigation. In that regard, a mediation has been set for March 30, 2020 in San 23 Francisco, before retired Placer County Superior Court Judge Richard L. Gilbert. 24 8. To allow time for the Parties to proceed with mediation without incurring 25 potentially unnecessary attorneys’ fees and costs, the Parties jointly request the Court to 26 continue case deadlines in the Scheduling Order for 60 calendar days such that if the case does 27 not settle, the following deadlines would apply: 1 a. Plaintiffs’ Counsel will file and serve a motion with this Court seeking 2 an order designating them as interim counsel under Federal Rules of 3 Civil Procedure 23(g)(3) on or before May 5, 2020; 4 b. The Parties will confer and attempt to agree upon a discovery plan, as 5 required by Federal Rules of Civil Procedure 26(f), on or before May 19, 6 2020; and 7 c. The Parties will exchange their initial disclosures under Federal Rules of 8 Civil Procedure 26(f), on or before June 2, 2020. 9 9. The Parties submit this proposal in an effort to conserve judicial resources. If 10 the foregoing schedule is acceptable, the Parties request that this Court continue the Status 11 Conference scheduled for April 27, 2020 at 1:30 p.m., to June 26, 2020, or to such other date 12 and time as this Court deems appropriate. 13 10. This Stipulation does not waive, alter, or modify any rights, defenses or claims 14 of any of the Parties in this case. 15 Dated: March 5, 2020 BUCHALTER, A Professional Corporation 16 B: /s/ Robert S. McWhorter Robert S. McWhorter 17 Jarrett S. Osborne-Revis Attorneys for Defendant, 18 Zion Bancorporation, N.A., a national 19 banking association, formerly known as ZB, N.A., doing business as California 20 Bank & Trust 21 Dated: March 5, 2020 By: /s/ Robert L. Brace 22 Robert L. Brace 23 Attorneys for Plaintiffs and all other similarly situated 24 Dated: March 5, 2020 HOLLISTER & BRACE 25 A Professional Corporation 26 By: /s/ Michael P. Denver 27 Michael P. Denver Attorneys for Plaintiffs and all other 1 I, the filer of this document, attest that each of the other signators have consented to the 2 filing of this document. 3 4 Dated: March 5, 2020 HOLLISTER & BRACE 5 A Professional Corporation 6 7 By: /s/ Michael P. Denver 8 Michael P. Denver Attorneys for Plaintiffs and all other 9 similarly situated 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 1 ORDER 2 Based upon the Parties’ Stipulation, and good cause appearing, if the case does not 3 || settle, 4 IT IS HEREBY ORDERED that: 5 1. Plaintiffs’ Counsel will file and serve a motion with this Court seeking an order 6 designating them as interim counsel under Federal Rules of Civil Procedure 7 23(g)(3) on or before May 5, 2020; 8 2. The Parties must confer and attempt to agree upon a discovery plan, as required 9 by Federal Rule of Civil Procedure 26(f), on or before May 19, 2020; 10 3. The Parties must exchange their initial disclosures under Federal Rule of Civil 11 Procedure 26(a) on or before June 2, 2020; 12 4. The Conference scheduled for April 27, 2020 at 1:30 p.m. is hereby continued to 13 July 6, 2020 at 1:30 p.m.; and 14 5. The Parties shall meet and confer on Rule 26 issues and file a joint status report 15 no later than June 22, 2020. 16 17 || Dated: March 5, 2020 / □ - 18 th an Vi oh 19 UNITED STATES DISTRICT JUDGE 20 21 22 23 24 25 26 27 28