Court filing

NOTICE AND ORDER for Early Neutral Evaluation Conference between Bank of America and… — Bofa Ca Unemployment (Dkt. 64)

No. 3:21-md-02992-GPC-MSB · Doc. 64 · Docket on CourtListener

Summary

A notice and order filed August 2, 2021, Document 64 in In re: Bank of America California Unemployment Benefits Litigation, No. 3:21-md-02992-GPC-MSB, in the U.S. District Court for the Southern District of California. It sets an Early Neutral Evaluation Conference by video conference on September 29, 2021, and orders counsel for Bank of America and plaintiffs' counsel Joshua Swigart and Andre Verdun to participate. Limited discovery deadlines follow: lists of ten plaintiffs by August 6, 2021, claim details and settlement demands by August 13, 2021, and BofA's account statements, call logs, account notes and investigation findings by September 13, 2021. All named parties must be available to their counsel by telephone for the duration of the conference and have full settlement authority. Confidential ENE statements are due to Magistrate Judge Berg's chambers by September 22, 2021.

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

Full text

Case 3:21-md-02992-GPC-MSB Document 64 Filed 08/02/21 PageID.161 Page 1
of 4
1
2
3
4
5
6
7
8 UNITED STATES DISTRICT COURT
9 SOUTHERN DISTRICT OF CALIFORNIA
10
11 IN RE: BANK OF AMERICA CALIFORNIA Case No.: 21md2992-LAB (MSB)
12 UNEMPLOYMENT BENEFITS LITIGATION
NOTICE AND ORDER FOR ZOOM EARLY
13 NEUTRAL EVALUATION CONFERENCE
BETWEEN BANK OF AMERICA AND
14
INDIVIDUAL PLAINTIFFS REPRESENTED
15 BY JOSHUA SWIGART, DANIEL SHAY,
RONALD WILCOX, AND ANDRE VERDUN
16
17
18 The Court held an Early Neutral Evaluation (“ENE”) Scheduling Conference with
19 Counsel for Defendant Bank of America (“BofA”), Co-Liaison Counsel for Individual
20 Plaintiffs Joshua Swigart, and Andre Verdun on August 2, 2021. Based on the
21 discussions with counsel, the Court SETS an ENE Conference on September 29, 2021, at
22 9:30 a.m., to be held via video conference, through the Court’s ZoomGov account.
23 Counsel for Defendant, Joshua Swigart, and Andre Verdun are ORDERED to participate,
24 and Daniel Shay and Ronald Wilcox may attend. All discussions at the ENE Conference
25 will be informal, off the record, privileged, and confidential. Counsel for any non-English
26 speaking party is responsible for arranging for the appearance of an interpreter at the
27 conference. The following rules and deadlines apply:
28 ///
1
21md2992-LAB (MSB)
Case 3:21-md-02992-GPC-MSB Document 64 Filed 08/02/21 PageID.162 Page 2
of 4
1 1. To prepare for a productive ENE, the following deadlines for limited
2 discovery apply:
3 a. No later than August 6, 2021, Joshua Swigart and counsel for BofA
4 must exchange their lists of ten individual plaintiffs represented by Swigart whose cases
5 will be addressed in detail at the ENE.
6 b. No later than August 13, 2021, Joshua Swigart must provide to BofA
7 detailed information regarding each of the 20 individual plaintiffs selected by Swigart
8 and BofA, including names, addresses, account numbers, detailed information about
9 each claim (including dates and amounts of any purported unauthorized transactions),
10 and a settlement demand. By the same date, Andre Verdun must provide BofA with the
11 same information regarding the three plaintiff he represents.
12 c. No later than September 13, 2021, BofA must provide the applicable
13 Plaintiffs’ counsel with the following discovery regarding the identified 23 individual
14 plaintiffs:
15 i. Account statements for the relevant time period
16 ii. Call logs relevant to specified claims
17 iii. Account notes relevant to specified claims
18 iv. Investigation findings relevant to specified claims
19 d. Counsel for the 23 individual plaintiffs must provide any revised
20 settlement demands as soon as practicable if the information provided by BofA changes
21 counsel’s appraisal of an individual plaintiff’s case.
22 2. Telephonic Availability of Parties Required: All named parties, party
23 representatives, including claims adjusters for insured defendants, must be available to
24 their counsel by telephone for the duration of the conference, and be legally and
25 factually prepared to discuss and resolve the case and have full settlement authority.1
26
27
1 “Full settlement authority” means that the individuals at the settlement conference must be
28 authorized to fully explore settlement options and to agree at that time to any settlement terms
2
21md2992-LAB (MSB)
Case 3:21-md-02992-GPC-MSB Document 64 Filed 08/02/21 PageID.163 Page 3
of 4
1 3. Confidential ENE Statements Required: No later than September 22, 2021,
2 the parties shall submit directly to Magistrate Judge Berg’s chambers (via hand delivery
3 or by e-mail to the Court at efile_berg@casd.uscourts.gov), confidential settlement
4 statements. The ENE statement is limited to five (5) pages or less of general statement,
5 and up to one page of specifics per individual plaintiff. Each party’s ENE statement
6 must outline (1) the nature of the case and the claims, (2) position on liability or
7 defense, (3) position regarding settlement of the case with a specific demand/offer for
8 settlement, and (4) any previous settlement negotiations or mediation efforts.
9 If a specific demand or offer cannot be made at the time the ENE statement is
10 submitted, then the reasons as to why a demand or offer cannot be made must be
11 stated. Further, the party must explain when they will be in a position to state a
12 demand or offer. General statements such as a party will “negotiate in good faith” is
13 not a specific demand or offer. The ENE statement should be submitted confidentially
14 and need not be shared with other parties.
15 4. No later than September 22, 2021, counsel for each party shall send an e-
16 mail to the Court at efile_berg@casd.uscourts.gov containing the names, email
17 addresses and contact telephone numbers of all attendees.
18 ///
19 ///
20 ///
21 ///
22 ///
23
24
acceptable to the parties. Heileman Brewing Co. v. Joseph Oat Corp., 871 F.2d 648, 653 (7th Cir. 1989).
25
The person needs to have “unfettered discretion and authority” to change the settlement position of a
26 party. Pitman v. Brinker Int’l, Inc., 216 F.R.D. 481, 485–86 (D. Ariz. 2003). The purpose of requiring a
person with unlimited settlement authority to attend the conference contemplates that the person’s
27 view of the case may be altered during the face to face conference. Id. at 486. A limited or a sum
certain of authority is not adequate. See Nick v. Morgan’s Foods, Inc., 270 F.3d 590, 595–97 (8th Cir.
28 2001).
3
21md2992-LAB (MSB)
Case 3:21-md-02992-GPC-MSB Document 64 Filed 08/02/21 PageID.164 Page 4
of 4
1 5. Requests to Continue an ENE Conference: Requests to continue ENEs are
2 rarely granted. An ENE may be rescheduled only upon a showing of good cause and
3 adequate notice to the Court. Absent good cause, requests for continuances will not
4 be considered unless submitted in writing no fewer than seven (7) calendar days prior
5 to the scheduled conference.
6 IT IS SO ORDERED.
7 Dated: August 2, 2021
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
4
21md2992-LAB (MSB)

File and source

File: gov.uscourts.casd.709615.64.0.pdf
Size: 165,453 bytes
SHA-256: 8acff5cacdec4e37fb009e3e1fc6c7d5f40dbcf971ea7762b87310f99a0cd7e4
Our copy: gov.uscourts.casd.709615.64.0.pdf
Original: PACER (login required)