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

Record facts

U.S. District Court for the Southern District of California · No. 3:21-md-02992-GPC-MSB · Doc. 67 · 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 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
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(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
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