Evans v. Zions Bancorporation, N.A.

1 JOEL G. SAMUELS (SBN 115264) ROBERT S. ADDISON, JR. (SBN 188565) ANTHONY J. NAPOLITANO (SBN 227691) BUCHALTER, A Professional Corporation 1000 WILSHIRE BLVD STE 1500 LOS ANGELES, CA 90017 Telephone: (213)-891-0700 Facsimile: (213)-896-0400 Email: [email protected] [email protected] 6 [email protected] ROBERT S. MCWHORTER (SBN 226186) JARRETT S. OSBORNE-REVIS (SBN 289193) BUCHALTER, A Professional Corporation CAPITOL MALL, SUITE 1900 SACRAMENTO, CA 95814 Telephone: (213)-891-0700 Facsimile: (916)-945-5170 Email: [email protected] 11 [email protected] Attorneys for Defendant, ZIONS BANCORPORATION, N.A., A NATIONAL BANKING ASSOCIATION, FORMERLY KNOWN AS ZB, N.A., DOING BUSINESS AS CALIFORNIA BANK & TRUST 14 UNITED STATES DISTRICT COURT 15 EASTERN DISTRICT OF CALIFORNIA 16 SACRAMENTO DIVISION RONALD C. EVANS, an individual; JOAN M. Case No. 2:17-cv-01123-WBS-DB EVANS, an individual; DENNIS 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 vs. Complaint Filed: May 26, 2017 21 Trial Date: None set ZB, N.A., a national banking association, dba California Bank & Trust, 23 Defendant.

1 Plaintiffs Ronald C. Evans, Joan M. Evans, and Dennis Treadway, (the “Putative Class Action Representatives”) and Defendant, Zions Bancorporation, N.A., a national banking association, formerly known as ZB, N.A., doing business as California Bank & Trust (“CB&T”) (collectively, the “Parties”), by and through their respective counsel of record, enter into the following stipulation (the “Stipulation”): 6 1. On May 26, 2017, the Putative Class Action Representatives filed a Class Action Complaint (the “Complaint”) against CB&T; 8 2. On December 19, 2017, this Court issued a Memorandum and Order Re: Motion to Dismiss (the “Decision”), dismissing the Complaint. The Putative Class Action Representatives subsequently appealed this Court’s dismissal.

11 3. On June 24, 2019, the U.S. Court of Appeals for the Ninth Circuit (the “Ninth Circuit”) issued a Memorandum (the “Memorandum”) reversing, vacating, and remanding this 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 and for Rehearing En Banc. Evans v. ZB, N.A., No. 18-15094, 2019 U.S. App. LEXIS 23059, at *1 (9th Cir. Aug. 1, 2019).

18 5. On August 9, 2019, the Ninth Circuit issued its formal mandate pursuant to Rule 41(a) of the Federal Rules of Appellate Procedure.

20 6. This Court subsequently ordered the parties to appear for a status conference on 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 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 foregoing schedule is acceptable, the Parties request that this Court continue the Status Conference scheduled for September 16, 2019 at 1:30 p.m. to such other date and time as this Court deems appropriate.

7 9. This Stipulation does not waive, alter, or modify any rights, defenses or claims of any of the Parties in this case.

9 DATED: August 23, 2019 BUCHALTER, A Professional Corporation 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 DATED: August 23, 2019 Robert L. Brace, Esq.

By: /s/ Robert L. Brace Attorney for Plaintiffs and all others similarly 18 situated 28 2 DATED: August 23, 2019 HOLLISTER & BRACE, A Professional Corporation 3 By: /s/ Michael Denver MICHAEL P. DENVER Attorneys for Plaintiffs and all others similarly 5 situated

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

10 /s/ Robert S. McWhorter Robert S. McWhorter 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 SaaS AND PROPOSED ORDER RNIN CONTINUING STATUS CONFERENCE