ORDER Permitting Limited Discovery — Bofa Ca Unemployment (Dkt. 67)

Summary

An order permitting limited discovery in In re: Bank of America California Unemployment Benefits Litigation, Case No.: 21md2992-LAB (MSB), U.S. District Court for the Southern District of California, dated August 5, 2021 and filed as Document 67. The court had stayed discovery until Bank of America answers the consolidated complaint except as Magistrate Judge Michael S. Berg permits, and after an August 5, 2021 discovery conference it allows limited pre-answer discovery. Bank of America must give interim co-lead counsel the named class representatives' account files from January 2020, discovery on its compliance with the preliminary injunction in Yick v. Bank of America, N.A., and data on the number of accounts affected by the fraud filter and how they were reviewed and resolved.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Record facts

Full text

1 
21md2992-LAB (MSB) 
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
 
 
 
 
 
 
 
UNITED STATES DISTRICT COURT 
SOUTHERN DISTRICT OF CALIFORNIA 
 
IN RE: BANK OF AMERICA CALIFORNIA 
UNEMPLOYMENT BENEFITS LITIGATION 
 
Case No.:  21md2992-LAB (MSB) 
 
ORDER PERMITTING LIMITED 
DISCOVERY 
 
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 
Defendant Bank of America (“BofA”) 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.)  Judge Berg held a Zoom Discovery Conference with 
Interim Co-Lead Counsel, Interim Liaison Counsel for the class and individual plaintiffs, 
and counsel for BofA on August 5, 2021.  As discussed with the above-listed counsel for 
the parties, the Court permits the following, limited discovery prior to the litigation of 
Defendant’s anticipated Motion to Dismiss:        
1. 
BofA is to provide Interim Co-Lead Counsel with named class 
representatives’ account files, specifically account statements for the relevant period 
Case 3:21-md-02992-GPC-MSB     Document 67     Filed 08/05/21     PageID.165     Page 1
of 2

 
2 
21md2992-LAB (MSB) 
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
(beginning in January 2020), call logs relevant to the plaintiff’s allegations, account 
notes relevant to plaintiffs’ allegations, and investigation findings relevant to plaintiffs’ 
allegations.  
2. 
BofA is to provide Interim Co-Lead Counsel discovery regarding BofA’s 
compliance with the Preliminary Injunction previously entered in Yick v. Bank of 
America, N.A., 21cv1092-LAB (MSB) [ECF No. 103].   
3. 
BofA is to provide Interim Co-Lead Counsel with data regarding the number 
of accounts that have been impacted by “the fraud filter,” and the review and resolution 
of such action.      
 
If circumstances evolve such that either party believes the Court should revisit the 
issue of pre-answer discovery, the parties are encouraged to place a joint call to 
chambers to request a further discovery conference.   
IT IS SO ORDERED. 
Dated:  August 5, 2021 
 
 
Case 3:21-md-02992-GPC-MSB     Document 67     Filed 08/05/21     PageID.166     Page 2
of 2

File and source

File

gov.uscourts.casd.709615.67.0.pdf

Size

122,918 bytes

SHA-256

56c3b546af53b13056d7818408419f12f98f0bb7459af72409a243e84e734d77

Our copy

gov.uscourts.casd.709615.67.0.pdf

Original

PACER (login required)