Evans et al v. ZB, N.A.
| Ronald C Evans, Joan M Evans and Dennis Treadaway |
| ZB, N.A. |
| 2:2017cv01123 |
| May 26, 2017 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Sacramento |
| Deborah Barnes |
| William B. Shubb |
| Other Fraud |
| 28 U.S.C. ยง 1332 |
| Plaintiff |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
105
ORDER signed by Senior Judge William B. Shubb on 11/08/22 GRANTING 102 Motion for Final Approval of Class Action Settlement as fair, reasonable, and adequate. The court APPOINTS the named plaintiffs Ronald Evans, Joan Evans, and Dennis Treadway a s class representative; the court APPOINTS Robert L. Brace and Michael P. Denver as class counsel; Plaintiffs' counsel is entitled to fees in the amount of $4,105,905, and litigation costs of $153,650; The Beverly Group, Inc. is entit led to administration costs in the amount up to $150,000; Plaintiffs Ronald Evans and Joan Evans are entitled to an incentive award in the amount of $5,000; The remaining settlement funds shall be paid to participating class members in accordance with the terms of the Settlement Agreement. This action is DISMISSED with prejudice. The Court shall RETAIN jurisdiction to enforce settlement agreement. CASE CLOSED (Benson, A.)
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Filing
101
MEMORANDUM AND ORDER signed by Senior Judge William B. Shubb on 7/29/2022 ORDERING The form and content of the proposed Notice of Class Action Settlement is APPROVED, except to the extent that it must be updated to reflect dates and deadlines specif ied in this preliminary approval Order. No later than 10 calendar days from the date of this Order, the Beverly Group shall mail the Notice of Class Action Settlement to all known members of the class, the Notice shall be posted on counsel's we bsite. No later than 30 days from the date the Notice is mailed, any member of the settlement class who intends to object to, comment upon, or opt out of the settlement shall mail written notice of that intent to the Beverly Group. A Final Fairness H earing is set for 11/7/2022 at 01:30 PM before Senior Judge William B. Shubb, Courtroom 5. No later than 35 days before the final fairness hearing, class counsel shall file with this court a petition for an award of attorney's fees and costs. (Reader, L)
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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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Filing
94
STIPULATION and ORDER signed by Senior Judge William B. Shubb on 2/17/2022 ORDERING: All Expert Disclosures due by 9/23/2022, Discovery completed by 11/18/2022, Motions filed by 1/20/2023, Scheduling Conference set for 12/19/2022 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb, and Joint Conference Report due by 12/15/2022. (Huang, H)
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Filing
92
STIPULATION and ORDER signed by Senior Judge William B. Shubb on 10/28/2021 ORDERING that Designation of Experts due by 5/24/2022. All Discovery must be completed by 7/19/2022. All Motions shall be filed on or before 9/20/2022. The Court shall conduct a further Scheduling Conference on 8/29/2022 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. The parties shall meet and confer and file a joint conference report no later than 8/15/2022. (Mena-Sanchez, L)
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Filing
87
STIPULATION and ORDER signed by Senior Judge William B. Shubb on 5/3/21 ORDERING that all experts disclosures are due on or before 1/26/22. Discovery to be completed by 3/28/22. All motions, including motions for summary judgment or partial summ ary judgment and including motions for class certification, shall be filed on or before 5/23/22. A further Scheduling Conference is SET for 4/11/2022 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. A joint status report shall be filed no later than 3/28/22. (Kastilahn, A)
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Filing
83
MEMORANDUM and ORDER signed by Senior Judge William B. Shubb on 11/5/20 DENYING 71 Motion to Appoint Counsel. (Kaminski, H)
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Filing
82
STIPULATED PROTECTIVE ORDER signed by Magistrate Judge Deborah Barnes on 11/2/2020. (Tupolo, A)
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Filing
69
STIPULATION and ORDER signed by Senior Judge William B. Shubb on 8/25/2020 CONTINUING deadlines as follows: Initial Disclosures due by 9/10/2020, Motion to Designate Interim Counsel to be filed by 9/22/2020, Rule 26 Conference set for 9/28/2020 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb, and the Parties shall meet and confer on Rule 26 issues and file a Joint Conference Report no later than 9/14/2020. (Huang, H)
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Filing
67
STIPULATION and ORDER signed by Senior Judge William B. Shubb on 7/23/2020 CONTINUING Case Deadlines for Settlement Discussions as follows: The Parties must exchange their initial disclosures on or before 8/27/2020; The date by which the Putative Class Action Representatives are to file and serve a Motion to designate their counsel as interim counsel is CONTINUED from 7/31/2020 to 9/8/2020. The Rule 26 Conference scheduled for 8/17/2020 is moved to 9/14/2020 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. The Parties shall meet and confer on Rule 26 issues and file a joint conference report no later than 8/31/2020. (Mena-Sanchez, L)
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Filing
65
STIPULATION and ORDER to Continue Case Deadlines 64 signed by Senior Judge William B. Shubb on 6/5/2020: a. The Parties must exchange their initial disclosures under Federal Rule of Civil Procedure 26(a) on or before 7/17/2020; b. The date by which the Putative Class Action Representatives are to file and serve a motion to designate their counsel as interim counsel under Federal Rule of Civil Procedure 23(g)(3) is continued from 7/10/2020 to 7/31/2020; c. The Status Conference Re Ninth Circuit Remand scheduled for 7/6/2020 is moved to 8/17/2020 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb and d. The Parties shall meet and confer on Rule 26 issues and file a joint conference report no later than 8/3/2020. (Kirksey Smith, K)
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Filing
62
STIPULATION and ORDER signed by Senior Judge William B. Shubb on 5/5/2020 CONTINUING the date that Plaintiffs' Counsel will file their motion for interim appointment of class counsel to 7/10/2020. (Becknal, R)
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Filing
60
ORDER signed by Senior Judge William B. Shubb on 5/4/2020 GRANTING 59 Stipulation for Extension of Time, GRANTING Third-Party Defendants JTS Communities, Inc., Larry A. Carter, Jack T. Sweigart, and Bristol Insurance Company until 6/1/2020 to respond to the 1 Complaint. (Coll, A)
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Filing
58
STIPULATION and ORDER signed by Senior Judge William B. Shubb on 3/5/20 ORDERING that Status Conference is continued to 7/6/2020 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. The Parties shall meet and confer on Rule 26 issues and file a joint status report no later than June 22, 2020. (Kaminski, H)
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Filing
52
STIPULATION and ORDER signed by Senior Judge William B. Shubb on 1/7/20 ORDERING that CB&T must file and serve an answer to the Putative Class Representatives' First Amended Complaint on or before January 31, 2020. The Parties must confe r and attempt to agree upon a discovery plan on or before March 20, 2020. The Parties must exchange their initial disclosures on or before April 3, 2020. Status Conference continued to 4/27/2020 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. The Parties must file a joint status conference report on or before April 13, 2020. (Kaminski, H)
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Filing
50
MEMORANDUM and ORDER signed by Senior Judge William B. Shubb on 12/18/2019 GRANTING 45 Request to Seal Victim Impact Statements (Ex. H), and ORDERING that 44 Motion to Dismiss is GRANTED IN PART as to the following claims: (1) intentional inte rference with contract; and (2) aiding and abetting breach of fiduciary duty; and DENIED IN PART as to the following claims: (1) aiding and abetting fraud; (2) conspiracy to commit fraud; (3) securities fraud based on transactions or acts after 5/26/2012; and (4) violation of Penal Code § 496. Plaintiff is GIVEN 14 days from the date this Order is filed to file a Second Amended Complaint. (Huang, H)
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Filing
41
STIPULATION and ORDER signed by Senior Judge William B. Shubb on 8/28/19 ORDERING that the Putative Class Action Representatives shall file and serve a First Amended Complaint, consistent with the Ninth Circuit's Memorandum, on or before October 14, 2019. CB&T shall file and serve an answer or other responsive pleading, which includes the filing and service of a motion to dismiss, on or before November 15, 2019. Status Conference continued to 1/21/2020 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. A joint status report shall be filed no later than January 7, 2020. (Kaminski, H)
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Filing
28
MEMORANDUM and ORDER signed by Senior Judge William B. Shubb on 12/19/2017 GRANTING 21 Motion to Dismiss. CASE CLOSED. (Hunt, G)
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Filing
23
STIPULATION and ORDER signed by Senior Judge William B. Shubb on 10/17/2017 ORDERING Plaintiffs' Opposition to 21 Motion to Dismiss 11/6/2017; CB&T's reply shall be filed 11/20/2017; the motion hearing is CONTINUED to 11/27/2017 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. The Scheduling Conference is CONTINED to 2/12/2018 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb; Joint Status Report shall be filed no later than 1/29/2018. (Washington, S)
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Filing
18
STIPULATION and ORDER signed by Senior Judge William B. Shubb on 09/12/17 ORDERING that CB&T's 7 Referral Motion is WITHDRAWN without prejudice; CB&T shall have until 10/05/17 to file and serve its answer or other response to the Complaint. (Benson, A.)
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Filing
16
STIPULATION and ORDER signed by Senior Judge William B. Shubb on 8/24/17 ORDERING that Plaintiffs shall file and serve their opposition, if any, to the Referral Motion on or before 9/11/17; CB&T shall file and serve its reply to any opposition to t he Referral Motion on or before 9/25/17; and The hearing on Referral Motions 7 shall be CONTINUED from 9/11/17 to 10/2/2017 at 01:30 PM. CB&T shall have until 20 calendar days after notice of withdrawal of the Referral Motion or notice to the Parties of the Court's entry of its written order ruling on the Referral Motion, whichever is first, in which to file an answer or otherwise respond to the Complaint. (Mena-Sanchez, L)
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Filing
10
STIPULATION AND ORDER signed by Senior Judge William B. Shubb on 7/28/2017 ORDERING the plaintiffs respond to the 7 Motion to Refer Civil Action to U.S. Bankruptcy Court by 8/28/2017; ORDERING the defendant to file its reply by 9/11/2017; CONTINUI NG the Motion Hearing on 7 Motion to Refer Civil Action to U.S. Bankruptcy Court to 9/18/2017 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb; GRANTING the defendant 20 calendar days after notice to the parties of the Court� 39;s entry of its written order re said referral motion to file and answer or otherwise respond to the 1 Complaint; CONTINUING the Scheduling Conference to 11/20/2017 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb; ORDERING the parties to file a Joint Status Report by 11/6/2017. (Michel, G.)
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Filing
5
STIPULATION and ORDER signed by Senior Judge William B. Shubb on 6/12/17 ORDERING that CB&T will have until 7/31/2017, to file and serve its answer or other responsive pleading to the above-entitled Class Complaint. (Mena-Sanchez, L)
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