Declaration — In re Bank of America California Unemployment Benefits Litigation (Dkt. 53-1, S.D. Cal. No. 3:21-md-02992)

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Declaration of Daniel G. Shay, filed 07/22/21 as Document 53-1 in In re Bank of America California Unemployment Benefits Litigation, Case No. 21-md-02992-LAB-MSB (S.D. Cal.), in support of an ex parte motion to appoint Swigart Law Group as Co-Interim Liaison Counsel for individual plaintiffs. He says the Court appointed his office Interim Liaison Counsel on July 20, 2021 [Docket No. 48], and that the work is large because his firm and Swigart Law Group have five-hundred and seventy-two (572) clients retained as plaintiffs against Bank of America, including two-hundred and thirty (230) in Abarr. He also cites scheduling demands on August 2, 2021 and August 5, 2021, and says counsel for Bank of America took no position and class counsel did not object.

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Daniel G. Shay (SBN 250548) 
DanielShay@TCPAFDCPA.com 
LAW OFFICE OF DANIEL G. SHAY 
2221 Camino del Rio S, Ste 308 
San Diego, CA  92108 
P: 619-222-7429 
F: 866-431-3292 
Joshua B. Swigart (SBN 225557) 
Josh@SwigartLawGroup.com 
Juliana G. Blaha (SBN 331066) 
Juliana@SwigartLawGroup.com 
SWIGART LAW GROUP, APC 
2221 Camino del Rio S, Ste 308 
San Diego, CA  92108 
P: 866-219-3343 
F: 866-219-8344 
 
Attorneys for individual Plaintiffs  
 
 
UNITED STATES DISTRICT COURT 
SOUTHERN DISTRICT OF CALIFORNIA 
SAN DIEGO DIVISION 
 
 
IN RE: BANK OF AMERICA 
CALIFORNIA UNEMPLOYMENT  
BENEFITS LITIGATION 
 
 
 
 
 
 
 
 
 
 
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Case No. 21-md-02992-LAB-MSB 
 
DECLARATION OF DANIEL G. 
SHAY IN SUPPORT OF EX PARTE 
MOTION TO APPOINT SWIGART 
LAW GROUP AS CO-INTERIM 
LIASON COUNSEL FOR 
INDIVIDUAL PLAINTIFFS 
 
 
District Judge: Larry A. Burns 
Magistrate Judge: Michael S. Berg 
 
 
 
 
 
 
 
 
 
Case 3:21-md-02992-GPC-MSB     Document 53-1     Filed 07/22/21     PageID.85     Page 1
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I, Daniel G. Shay, hereby declare under penalty of perjury the following: 
1. 
I am one of the attorneys for individual plaintiffs in this multidistrict litigation. 
2. 
I was admitted to the State Bar of California in 2007 and have been a member 
in good standing ever since. 
3. 
I am licensed to practice law in both state and federal courts in California and 
Washington D.C. 
4. 
If called as a witness, I would competently testify to the matters herein from 
personal knowledge. 
5. 
I submit this declaration in support of our Ex Parte Motion to Appoint Swigart 
Law Group as Co-Interim Liaison Counsel for Individual Plaintiffs. 
6. 
On July 20, 2021, an Order was entered appointing the Law Office of Daniel 
G. Shay as Interim Liaison Counsel for individual plaintiffs in this multidistrict 
litigation [Docket No. 48]. 
7. 
I consider this appoint an honor and thank the Court for this opportunity.  I 
assure the Court I will do my best in this capacity. 
8. 
I respectfully request the court to allow my co-counsel, Swigart Law Group, to 
assist in this role.   
9. 
Currently, Swigart Law Group and my office have five-hundred and seventy-
two (572) clients retained as plaintiffs against Bank of America.  This number 
includes the two-hundred and thirty (230) plaintiffs in Abarr et al v. Bank of 
America, N.A., 3:21-cv-01203 and the other individual cases we filed.  
10. The scope of the work required to effectively perform the role of Interim 
Liaison Counsel for individual plaintiffs is quite large when dealing with so 
many plaintiffs. 
11. I have other work and personal matters that demand time as well.  For 
example, I have conflicts for the upcoming ENE Scheduling Conference on 
August 2, 2021, and the Discovery Conference on August 5, 2021. 
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12. I respectfully request the Court to allow Swigart Law Group to assist in the 
role as Co-Interim Liaison Counsel for individual plaintiffs during the 
conferences above and throughout this multidistrict litigation.   
13. On July 22, 2021, I met and conferred with counsel for Bank of America who 
did not object and took no position on the substance of this motion.  I also 
contacted Interim Co-Lead and Liaison Counsel for the class plaintiffs who 
also did not object. 
 
I declare under penalty of perjury that the foregoing is true and correct.   
 
 
 
 
 
 
 
 
 
   Date:  July 22, 2021 
  
 
By:     s/ Daniel G. Shay 
 
 
 
 
 
 
       
Daniel G. Shay, Esq. 
 
 
 
 
 
 
        DanielShay@TCPAFDCPA.com 
 
 
 
 
LAW OFFICE OF DANIEL G. SHAY 
  
 
 
 
 
 
        Attorney for Individual Plaintiffs 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Case 3:21-md-02992-GPC-MSB     Document 53-1     Filed 07/22/21     PageID.87     Page 3
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