Order Re: Remediation Plan — Bank of America California Unemployment Benefits Litigation

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An Order Re: Remediation Plan in In re: Bank of America California Unemployment Benefits Litigation, Case No. 21md2992-LAB (MSB) in the Southern District of California, dated October 10, 2023 and filed 10/10/23 as Document 182. The plan implements the Consent Orders issued on July 14, 2022 by the Consumer Financial Protection Bureau (2022-CFPB-0004) and by the Office of the Comptroller of the Currency (AA-ENF-2022-21). Bank of America, N.A. told the Court it had sent letters to the Agencies on August 30, 2023 asking permission to produce the plan to plaintiffs, and that the Agencies had not responded. The Court ordered the bank to produce the Remediation Plan and any addenda no later than October 25, 2023, and deemed any objection by the Agencies waived unless filed no later than October 24, 2023.

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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 RE: REMEDIATION PLAN 
 
On August 25, 2023, this Court directed Defendant Bank of America, N.A. 
(“Defendant”) to determine whether the Consumer Financial Protection Bureau 
(“CFPB”) and the Office of the Comptroller of the Currency (“OCC”) (collectively, “the 
Agencies”) intended to assert privilege claims on the remediation plan implementing 
the Consent Orders issued on July 14, 2022 by the CFPB (2022-CFPB-0004) and by the 
OCC (AA-ENF-2022-21) (the “Remediation Plan”), and to produce the Remediation Plan 
if the Agencies agreed to waive their privilege claims or did not intend to assert 
privilege.   
Defendant informed the Court that, on August 30, 2023, it had sent letters to the 
Agencies requesting permission for Defendant to produce the Remediation Plan and any 
addenda to the Plan to Plaintiffs in response to Request for Production No. 70, and that 
Defendant later followed up on that request.  Defendant further informed the Court 
that, to date, the Agencies have not responded. 
Case 3:21-md-02992-GPC-MSB     Document 182     Filed 10/10/23     PageID.1981     Page 1
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Now therefore, for good cause shown, IT IS ORDERED THAT: 
1. 
Defendant shall produce the Remediation Plan and any addenda to the Plan 
to Plaintiffs no later than October 25, 2023, subject to a timely assertion of privilege 
by the Agencies.  
2. 
Any objection by the Agencies to this production shall be deemed waived 
unless it is filed in this Court no later than October 24, 2023. 
3. 
Defendant shall provide a copy of this Order to the CFPB and OCC no later 
than October 11, 2023. 
IT IS SO ORDERED. 
Dated:  October 10, 2023 
 
 
Case 3:21-md-02992-GPC-MSB     Document 182     Filed 10/10/23     PageID.1982     Page 2
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