ORDER Setting Procedures for Video Discovery Conference — Bofa Ca Unemployment (Dkt. 51)

Record facts

U.S. District Court for the Southern District of California · No. 3:21-md-02992-GPC-MSB · Doc. 51 · 2021-07-19 · Docket on CourtListener

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21md2992-LAB (MSB) 
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UNITED STATES DISTRICT COURT 
SOUTHERN DISTRICT OF CALIFORNIA 
 
IN RE: BANK OF AMERICA CALIFORNIA 
UNEMPLOYMENT BENEFITS LITIGATION 
 
Case No.:  21md2992-LAB (MSB) 
 
ORDER SETTING PROCEDURES FOR 
VIDEO DISCOVERY CONFERENCE 
 
After the Judicial Panel on Multidistrict Litigation assigned this matter to the 
Honorable United States District Judge Larry Alan Burns, the Court stayed all discovery 
pending the issuance of a case management order.  (See ECF No. 16 at 5.)  Judge Burns 
heard from counsel for the parties regarding a continued discovery stay at the July 19, 
2021 Status Conference before determining that the discovery stay will continue until 
Bank of America files an answer to the consolidated complaint, except to the extent that 
Magistrate Judge Michael S. Berg permits discovery to go forward.  (See ECF No. 48 at 
4.)  A Zoom Discovery Conference is set to take place with Interim Co-Lead Counsel, 
Interim Liaison Counsel, and counsel for Defendant on August 5, 2021, at 9:30 a.m.  (Id. 
at 4.)  The following deadlines and procedures apply to the Zoom Discovery Conference:        
1. 
The Court will use its official Zoom video conferencing account to hold the 
Discovery Conference.  IF YOU ARE UNFAMILIAR WITH ZOOM:  Zoom is available on 
computers through a download on the Zoom website (https://zoom.us/meetings) or on 
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mobile devices through the installation of a free app.1  Joining a Zoom conference does 
not require creating a Zoom account, but it does require downloading the .exe file (if 
using a computer) or the app (if using a mobile device).  Participants are encouraged to 
create an account, install Zoom, and familiarize themselves with Zoom in advance of the 
MSC.2  There is a cost-free option for creating a Zoom account.   
2. 
Prior to the start of the Discovery Conference, the Court will e-mail each 
participant an invitation to join a Zoom video conference.  No later than July 29, 2021, 
counsel for each party shall send an e-mail to the Court at 
efile_berg@casd.uscourts.gov, containing the names, email addresses, and contact 
telephone numbers for all attorneys who plan to attend the Discovery Conference. 
3. 
In determining what discovery may proceed prior to an answer being filed, 
the Court will seek to balance Plaintiffs’ need for urgent relief and timely payment of 
unemployment benefits against Defendant’s desire to avoid burdensome discovery that 
may be mooted by Defendant’s anticipated motion to dismiss.  No later than July 29, 
2021, Interim Co-Lead Counsel and counsel for Defendant must each file a discovery 
position statement of no more than two pages, indicating what discovery each party 
believes can proceed, and how the suggested discovery will facilitate case progression.   
IT IS SO ORDERED. 
Dated:  July 21, 2021 
 
 
 
1   If possible, participants are encouraged to use laptops or desktop computers for the video 
conference, as mobile devices often offer inferior performance.  
 
2  For help getting started with Zoom, visit: https://support.zoom.us/hc/en-us/categories/200101697-
Getting-Started. 
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