Filed: Sep. 12, 2017
Latest Update: Sep. 12, 2017
Summary: STIPULATION AND ORDER: (1) WITHDRAWING DEFENDANT'S MOTION TO REFER THIS CLASS ACTION COMPLAINT; AND (2) SETTING DEADLINE FOR DEFENDANT TO FILE AND SERVE ITS MOTION TO DISMISS PLAINTIFFS' CLASS ACTION COMPLAINT WILLIAM B. SHUBB , District Judge . STIPULATION Plaintiffs Ronald C. Evans, Joan M. Evans, and Dennis Treadaway, (collectively, the "Plaintiffs") and Defendant ZB, N.A., a national banking association, doing business as California Bank & Trust ("CB&T") (collectively, the "Parties"
Summary: STIPULATION AND ORDER: (1) WITHDRAWING DEFENDANT'S MOTION TO REFER THIS CLASS ACTION COMPLAINT; AND (2) SETTING DEADLINE FOR DEFENDANT TO FILE AND SERVE ITS MOTION TO DISMISS PLAINTIFFS' CLASS ACTION COMPLAINT WILLIAM B. SHUBB , District Judge . STIPULATION Plaintiffs Ronald C. Evans, Joan M. Evans, and Dennis Treadaway, (collectively, the "Plaintiffs") and Defendant ZB, N.A., a national banking association, doing business as California Bank & Trust ("CB&T") (collectively, the "Parties")..
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STIPULATION AND ORDER:
(1) WITHDRAWING DEFENDANT'S MOTION TO REFER THIS CLASS ACTION COMPLAINT; AND
(2) SETTING DEADLINE FOR DEFENDANT TO FILE AND SERVE ITS MOTION TO DISMISS PLAINTIFFS' CLASS ACTION COMPLAINT
WILLIAM B. SHUBB, District Judge.
STIPULATION
Plaintiffs Ronald C. Evans, Joan M. Evans, and Dennis Treadaway, (collectively, the "Plaintiffs") and Defendant ZB, N.A., a national banking association, 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").
1. On July 24, 2017, CB&T filed a Motion to Refer this Class Action Complaint to the Honorable Robert S. Bardwil in the U.S. Bankruptcy Court for the Eastern District of California pursuant to 28 U.S.C. § 157(a) and this Court's General Orders 182, 223, and 330 (the "Referral Motion"). The Referral Motion is currently scheduled to be heard by this Court on October 2, 2017 at 1:30 p.m.
2. The Parties have met and conferred regarding the Referral Motion. Based on the Parties' discussions, CB&T agrees to withdraw the Referral Motion without prejudice to the rights of to any of the Parties.
3. The Parties previously agreed that the deadline to file an answer or otherwise respond to the Complaint would be 20 calendar days after notice to the Parties of the Court's entry of its written order ruling on the Referral Motion. Given CB&T's withdrawal of the Referral Motion, it is hereby agreed by the Parties that CB&T shall have until Thursday October 5, 2017 to file and serve its answer or other response to the Complaint.
STIPULATED AND AGREED TO BY:
I, the filer of this document, attest that each of the other signatories have consented to the filing of this document.
ORDER
Based on the Parties' Stipulation, and good cause appearing,
IT IS HEREBY ORDERED THAT:
1. CB&T's Referral Motion is withdrawn without prejudice to any of the Parties.
2. CB&T shall have until Thursday, October 5, 2017 to file and serve its answer or other response to the Complaint.