Order Granting 197 Extension — In re Bank of America California Unemployment Benefits Litigation (Dkt. 198, S.D. Cal. No. 3:21-md-02992)

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U.S. District Court for the Southern District of California · No. 3:21-md-02992-GPC-MSB · Doc. 198 · 2023-12-21 · Docket on CourtListener

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UNITED STATES DISTRICT COURT 
SOUTHERN DISTRICT OF CALIFORNIA 
 
IN RE BANK OF AMERICA 
CALIFORNIA UNEMPLOYMENT 
BENEFITS LITIGATION 
 
Case No.: 21-md-2992-LAB-MSB 
 
ORDER GRANTING EXTENSION 
OF SCHEDULING ORDER 
DEADLINES [Dkt. 197] 
 
 
On December 21, 2023, Plaintiffs and Defendant jointly filed a request to 
extend the deadlines set forth in the Court’s Scheduling Order, (Dkt. 139), in this 
consolidated multi-district litigation, In re Bank of America California 
Unemployment Benefits Litigation, No. 21-md-2992-LAB-MSB. (Dkt. 197). The 
Court will only modify dates set forth in a scheduling order upon a showing of good 
cause. Fed. R. Civ. P. 16(b)(4). The good cause standard focuses on the diligence 
of the party seeking the amendment. Johnson v. Mammoth Recreations, Inc., 975 
F.2d 604, 609 (9th Cir. 1992).  
Here, according to the parties, they’ve been working diligently together to 
complete discovery. (Dkt. 197 at 2). Despite Magistrate Judge Michael S. Berg’s 
efforts to facilitate discovery, the parties are unable to complete certain discovery 
Case 3:21-md-02992-GPC-MSB     Document 198     Filed 12/28/23     PageID.2008     Page 1
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before Plaintiffs’ deadline to file the motion for class certification. (Id.). Plaintiffs 
need to review hundreds of thousands of pages of documents produced, are 
waiting for outstanding interrogatories and requests for admissions, and are trying 
to schedule Rule 30(b)(6) depositions before filing the motion for class 
certification. (Id.). With the upcoming holidays, Defendant won’t be able to 
schedule the depositions for Bank of America’s personnel before mid-January 
2024. (Id.). Additionally, Plaintiffs would like the Court to address Defendant’s 
motion to dismiss and motion for reconsideration, and then have Defendant file 
an Answer, before moving for class certification. (Id. at 3). For good cause shown, 
the Court GRANTS the joint motion. The Court modifies the dates in the 
Scheduling Order as below. All other instructions provided to the parties in the 
Scheduling Order remain the same. 
Event 
Current Date 
New Date 
Motion for Class Certification 
January 15, 2024 
March 15, 2024 
Opposition to Motion for 
Class Certification 
N/A 
April 26, 2024 
Reply in Support of Motion for 
Class Certification 
N/A 
May 24, 2024 
Deadline to Serve Written 
Discovery 
January 15, 2024 
March 15, 2024 
Fact Discovery Completed 
March 15, 2024 
June 14, 2024 
Expert Disclosures 
April 19, 2024 
July 19, 2024 
Rebuttal Expert Disclosures 
May 10, 2024 
August 12, 2024 
Expert Discovery Completed 
May 31, 2024 
September 13, 2024 
Pretrial Motions Deadline 
June 28, 2024 
October 11, 2024 
Confidential Settlement 
Statements 
September 10, 2024 
December 31, 2024 
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Mandatory Settlement 
Conference 
September 17, 2024 
at 9:30 a.m. 
January 7, 2025 at 
9:30 a.m. 
Pretrial Disclosures 
September 30, 2024 
January 13, 2025 
L.R. 16.1(f)(4) Conference 
October 7, 2024 
January 20, 2025 
Proposed Pretrial Order to 
Defendant 
October 14, 2024 
January 27, 2025 
Proposed Final Pretrial 
Conference Order 
October 21, 2024 
February 3, 2025 
Final Pretrial Conference 
October 28, 2024 at 
12:00 p.m. 
February 10, 2025 
at 12:00 p.m. 
 
IT IS SO ORDERED. 
Dated:  December 28, 2023 
Honorable Larry Alan Burns 
United States District Judge 
 
Case 3:21-md-02992-GPC-MSB     Document 198     Filed 12/28/23     PageID.2010     Page 3
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