Notice of Plaintiffs' Request to Appear In Person by Jennifer Meza — In re BofA Unemployment Litigation (Dkt. 77)

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Plaintiffs’ Request for In Person Appearance of Counsel Only 
21md2992-LAB(MSB) 
 
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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 Plaintiff  
 
 
UNITED STATES DISTRICT COURT 
SOUTHERN DISTRICT OF CALIFORNIA 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Case No: 21md2992-LAB(MSB) 
 
PLAINTIFFS’ REQUEST TO 
ALLOW COUNSEL TO APPEAR 
IN PERSON FOR THE 
SCHEDULED EARLY NEUTRAL 
EVALUATION 
 
Date: September 29, 2021 
Tim: 9:30 a.m. 
Via Zoom 
 
[Hon. Michael S. Berg] 
IN RE: BANK OF AMERICA 
CALIFORNIA UNEMPLOYMENT 
BENEFITS LITIGATION 
 
 
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 
 

 
 
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Plaintiffs’ Request for In Person Appearance of Counsel Only 
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Pursuant the Court’s August 2, 2021 Order [Dkt. No. 64] counsel along with their 
respective parties and client representatives were ordered to appear via Zoom at the 
Early Neutral Evaluation for several individual cases filed in the MDL.  On the evening 
of September 13, 2021, Bank of America produced a number of documents related to 
twenty (20) selected Plaintiffs.1 
 
There were four main categories of documents produced for each Plaintiff: 
1. Account statements; 
2. Call logs; 
3. Account notes; 
4. Investigative findings; and 
5. A limited number of documents related to fraud filter findings 
These documents were not produced per Plaintiff, but in individual files per 
category.  Several of the files were produced in native format, inclusive of documents 
in Excel format.  Plaintiffs’ counsel has spent several days just organizing the data by 
Plaintiff.  The summary of each Plaintiffs’ claims can be presented to the Court in a 
succinct fashion, but if any request for supporting documents are made (which is likely, 
as it is anticipated there will be discussions about specific transactions) documents will 
need to be pulled from 3-4 different sources.  This will be extremely time consuming 
and difficult to present these documents to the court and walk through how they relate 
using video conference technology for nineteen Plaintiffs.  
Plaintiffs’ counsel has invested a large amount of time and resources in preparing 
for the upcoming ENE (as we imagine so has counsel for Bank of America).  In addition, 
the court has blocked off a full day for the parties in hopes that significant progress can 
be made toward settlement.   
// 
 
1 The Court ordered the production of documents for twenty (20) Plaintiffs, but Defendant was only 
able to locate nineteen (19).  Accordingly, Plaintiff’s counsel only received documents for the 
nineteen Plaintiffs. 

 
 
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Plaintiffs’ Request for In Person Appearance of Counsel Only 
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Plaintiffs’ counsel respectfully requests that the attorneys for the parties be 
allowed to appear in person.  Plaintiffs’ counsel intends to bring all supporting 
documents which may be referenced throughout the day.  This will greatly speed up the 
settlement process and assist the court in better understanding the chronology of 
numerous complex transactions.   Plaintiffs’ counsel does not intend to burden defense 
counsel with the requirement of appearing in person and has no objection to counsel for 
Bank of America appearing via video conference, but respectfully requests that the 
attorneys have the option to appear in person. 
 
Respectfully submitted, 
 
 
Date:  September 16, 2021 
 
SWIGART LAW GROUP, APC 
 
     
 
  By:  s/ Joshua B. Swigart 
 
 
 
 
 
 
Joshua B. Swigart, Esq. 
 
 
 
Josh@SwigartLawGroup.com 
 
 
 
 
 
 
 
 
 
 
 
Attorneys for Plaintiffs

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