ORDER Denying Plaintiff's Request to Appear In-Person for the Scheduled Early Neutral… — Bofa Ca Unemployment (Dkt. 80)

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An Order Denying Plaintiff's Request to Appear In-Person for the Scheduled Early Neutral Evaluation in In re: Bank of America California Unemployment Benefits Litigation, Case No. 21md2992-LAB (MSB) in the Southern District of California, dated September 21, 2021 and filed 09/21/21 as Document 80. Liaison Counsel for the Individual Plaintiffs had asked on September 16, 2021 for the option to appear in person to make use of voluminous discovery documents, and Bank of America, N.A. said a Zoom settlement conference would be more efficient while deferring to the Court. Citing the physical space available and its preference for parity between the parties, the Court ordered the ENE to proceed by Zoom for all parties. Parties could lodge printed reference documents no later than noon on September 28, 2021.

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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 DENYING PLAINTIFF’S REQUEST 
TO APPEAR IN-PERSON FOR THE 
SCHEDULED EARLY NEUTRAL 
EVALUATION [ECF NO. 77] 
 
On September 16, 2021, Liaison Counsel for the Individual Plaintiffs filed a 
“Plaintiffs’ Request to Appear In-Person for the Scheduled Early Neutral Evaluation 
[(“ENE”)],” which the Court construed as an ex parte motion.  (ECF Nos. 77, 78.)  
Plaintiffs’ counsel believes it would be useful to appear in-person to facilitate the use of 
voluminous discovery documents in the settlement discussions, and therefore requests 
that the parties be given the option to appear in person.  (Id. at 2-3.)  At the Court’s 
request, Bank of America, N.A. (“BANA”) filed its response on September 21, 2021, 
explaining that one of BANA’s lawyers would not be able to appear in-person, and that 
BANA believes a Zoom settlement conference, rather than a hybrid one, would be more 
efficient.  (ECF No. 79.)  Nevertheless, BANA deferred to the Court’s preference.  (Id.)        
Based on the physical space available for the ENE, and because of the Court’s 
preference for parity between the parties, it is preferable to proceed with the ENE using 
Zoom for all parties.  The Court has conducted numerous video settlement conferences 
Case 3:21-md-02992-GPC-MSB     Document 80     Filed 09/21/21     PageID.484     Page 1
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effectively and remains confident that, through screen sharing and email, any necessary 
documents can be shared with the Court.  Additionally, if any parties would prefer to 
provide printed reference documents to the Court for use at the ENE, the parties may 
lodge such documents with the Court by delivering them to the 4th Floor Clerk’s Office 
or Judge Berg’s chambers no later than noon on September 28, 2021.    
IT IS SO ORDERED. 
Dated:  September 21, 2021 
 
 
Case 3:21-md-02992-GPC-MSB     Document 80     Filed 09/21/21     PageID.485     Page 2
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