Order Setting Status Conference, Requiring Status Report, Establishing Filing Procedures — In re BofA Unemployment Litigation

Record facts

U.S. District Court for the Southern District of California · No. 3:21-md-02992-LAB-MSB · Doc. 16 · 2021-06-15 · Docket on CourtListener

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UNITED STATES DISTRICT COURT 
SOUTHERN DISTRICT OF CALIFORNIA 
SAN DIEGO DIVISION 
IN RE: BANK OF AMERICA 
CALIFORNIA UNEMPLOYMENT 
BENEFITS LITIGATION 
Case No. 21-md-02992-LAB 
 
ORDER: 
1) SETTING STATUS 
CONFERENCE; 
2) REQUIRING STATUS 
REPORT; 
3) ESTABLISHING 
PROCEDURES FOR FILING 
AND DOCKETING; 
4) ASSIGNING MAGISTRATE 
JUDGE; and 
5) STAYING DEADLINES, 
DISCOVERY, AND MOTION 
PRACTICE  
 
 Pursuant to 28 U.S.C. § 1407, the Judicial Panel on Multidistrict Litigation 
(“JPML”) has transferred to this Court certain civil actions from multiple districts 
involving one or more common questions of fact for coordinated and consolidated 
pretrial proceedings. (ECF No. 1.)   
The Court will hold a Status Conference in this matter on July 19, 2021 at 
11:30 a.m. in Courtroom 14A in the James M. Carter and Judith N. Keep United 
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States Courthouse at 333 West Broadway, San Diego, CA 92101. At the Status 
Conference, the Court will discuss with counsel the status of these cases in addition 
to the following issues: 
A. The proposed organizational structure governing each group of parties 
whose interests are similarly aligned, including the appointment of lead, 
liaison, and/or coordinating counsel. In this regard:  
1) Counsel for each Plaintiff should immediately confer to discuss a 
proposed organizational structure and the selection of a plaintiffs’ 
steering committee (“PSC”) and lead, liaison, and/or coordinating 
counsel. If an agreement can be reached, plaintiffs’ counsel must 
submit a recommended organizational structure and list of the 
selected lead, liaison, and/or coordinating counsel and the PSC 
members no later than July 6, 2021. Alternatively, if an agreement 
cannot be reached, the Court will determine a process and set a 
timeline for selection of the PSC and lead, liaison, and/or 
coordinating counsel at the Status Conference.  
2) The duties and responsibilities of the PSC will be set by the Court 
in a future order. 
B. Whether a master consolidated complaint or complaints will help 
facilitate or focus this case for dispositive motions and/or for trial. Any 
such master consolidated complaint should omit pendent state claims. 
C. Suggestions on the content and timing for submission of a proposed 
Case Management Order (“CMO”). 
D. Counsel’s proposed schedule for resolution of future dispositive 
motions. 
In the interim, the Court ORDERS: 
A. Counsel for defendants must prepare and file a joint list of all related 
cases pending in state or federal court that have not yet joined this MDL 
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matter and, to the extent known, the status of those cases. This list must 
be submitted no later than July 6, 2021. Counsel for the defendants must 
also promptly notify plaintiffs’ counsel in the cases not joined of this 
pending Status Conference. 
B. Any party may submit proposed agenda items for the July 19, 2021 
Status Conference by filing a list of such items no later than 
July 6, 2021. Any such list must not exceed two pages, without 
attachments, and must consist of bullet point items, without argument 
or legal analysis, reasoning, or justification. 
C. All attorneys of record for parties who appeared in the transferor court 
prior to transfer of this MDL need not enter an additional appearance 
before this Court. Counsel who did not appear in a related action prior 
to the consolidation and who are not a member of the Bar of this Court 
may be admitted pro hac vice upon the proper filings with the Clerk of 
the Court as provided by the Local Rules of this District. An attorney 
admitted pro hac vice for the MDL shall be admitted pro hac vice for 
all member cases without the need for further pro hac vice motions or 
fees. All counsel are expected to familiarize themselves with prior court 
orders and proceedings from this Court, as well as the Local Rules of 
the Southern District of California (https://www.casd.uscourts.gov/ 
assets/pdf/rules/2021.03.24%20Local%20Rules.pdf). 
D. All the parties shall comply with the Electronic Case Filing (“ECF”) 
Administrative Policies and Procedures Manual for this District 
(https://www.casd.uscourts.gov/ assets/pdf/attorney/Electronic%20Ca
se%20Filing%20Procedures%20Manual.pdf) 
for 
all 
documents 
submitted for filing before this Court. Service through ECF shall be 
deemed sufficient with no additional service required. Additionally, the 
Court establishes the following procedure for filing and docketing: 
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1) Case No. 21-MD-2992 is designated as the lead case for all 
related California unemployment benefits claims against Bank of 
America. 
2) All filings related to the MDL that are generally applicable to all 
related cases are to be filed only in the lead case, 21-MD-2992. 
Non-exhaustive examples include discovery disputes and 
scheduling motions. 
3) Filings that are specific to an individual plaintiff and that are not 
generally applicable to the MDL proceedings are to be filed only 
in the individual case assigned at filing. Non-exhaustive examples 
include joint or unopposed motions to file an amended complaint 
and motions to substitute plaintiff. 
4) As of the date of this order, all new complaints involving 
unemployment claims against Bank of America must be filed 
individually and given their own individual case number at the 
time of filing. Counsel must indicate at the time of filing that such 
complaints are related to 21-MD-2992. 
5) Minute entries for hearings generally applicable to all 
proceedings (e.g., motion hearings, status and case management 
conferences) will be docketed in the lead case, 21-MD-2992. 
6) Minute entries for hearings that are not generally applicable will 
only be docketed in the individual case only, and not as part of 
the lead case. 
7) Court orders that are generally applicable to all MDL cases will 
be docketed in the designated lead case only. No other 
generally applicable orders will be docketed in the individual 
cases following issuance of this order. 
8) Court orders that are applicable only to an individual plaintiff will 
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be docketed in the individual case only. 
9) Counsel not already associated with Case No. 21-MD-2992 are 
instructed file a notice of appearance in the lead case and the 
appropriate individual case(s). 
E. All deadlines (including but not limited to those for responsive 
pleadings), all discovery, and all motion practice are STAYED until 
after entry of the CMO. 
F. All parties shall take reasonable steps to preserve documents and other 
records, including electronic documents, containing information 
potentially relevant to the subject matter of this litigation. 
G. Counsel may appear at the July 19, 2021 Status Conference in person or 
by telephone. The parties and party representatives need not participate. 
If counsel wish to participate by telephone, they must confer with other 
counsel of record and create an agreed-upon plan to set up a conference 
call to accommodate all interested counsel and circulate that plan among 
all known counsel. This plan and a list of all counsel participating by 
telephone must be submitted to the Court no later than July 6, 2021. 
Finally, the Court assigns Judge Michael S. Berg to serve as the magistrate 
judge on the MDL and all member cases. 
 
IT IS SO ORDERED.   
 
 
Dated: June 15, 2021 
 
Hon. Larry Alan Burns 
United States District Judge 
 
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