Declaration of Dustin Anderson — Bofa Ca Unemployment (Dkt. 209.2)

Record facts

U.S. District Court for the Southern District of California · No. 3:21-md-02992-GPC-MSB · Doc. 209-2 · 2024-01-23 · Docket on CourtListener

Summary

The Declaration of Dustin Anderson, filed January 23, 2024 as Doc. 209-2 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, supports Bank of America, N.A.'s Motion to Preclude Additional ESI Discovery. The declarant, a Senior Vice President within eDiscovery Legal at Bank of America, states that the bank reviewed more than 765,000 documents and has produced more than 200,000 documents from 20 custodians, with vendor costs of $4,584,904.04 to date. He states that plaintiffs seek ESI from five of the bank's top executives, and that its vendor, Consilio, estimates $290,000 per additional custodian, or $1,450,000 for the five executives and $2,320,000 for eight additional custodians. The declaration ends with an attorney attestation.

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Full text

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JAMES W. MCGARRY (admitted pro hac vice) 
JMcGar__ry_{aJ,J?oodwinlaw. com 
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GOODWffit>ROCTER LLP 
100 Northern Avenue 
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Boston, MA 02210 
Tel.:+ 1 617 570 1000 
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Fax: +l 617 523 1231 
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YVONNE W. CHAN (admitted pro hac vice) 
YChan(ii),ionesday. com 
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JONES1>AY 
100 High Street 
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Boston, MA 02110 
Tel.:+ 1 617 960 3939 
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Fax:+ 1 617 449 6999 
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Attorneys for Defendant 
BANK OF AMERICA, N.A. 
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[ADDITIONAL COUNSEL LISTED IN SIGNATURE BLOCK] 
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UNITED STATES DISTRICT COURT 
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SOUTHERN DISTRICT OF CALIFORNIA 
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SAN DIEGO DIVISION 
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IN RE: BANK OF AMERICA 
CALIFORNIA UNEMPLOYMENT 
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BENEFITS LITIGATION 
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ANDERSON DECL. ISO MOT. TO PRECLUDE 
ADD'L ESI DISCOVERY 
Case No. 21-MD-02992-LAB-MSB 
DECLARATION OF DUSTIN 
ANDERSON IN SUPPORT OF 
DEFENDANT'S MOTION TO 
PRECLUDE ADDITIONAL ESI 
DISCOVERY 
Date: 
Time: 
Ctrm: 
Judge: 
Filed/Lodged Concurrently with: 
1. Mem. of Points and Auth. ISO 
Motion to Preclude Additional 
ESI Discovel)'. 
2. Declaration of James W. 
McGarry 
3. [Proposed] Order 
CASE No. 21-MD-02992-LAB-MSB 
Case 3:21-md-02992-GPC-MSB     Document 209-2     Filed 01/23/24     PageID.2044     Page
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I, Dustin Anderson, state and declare as follows: 
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1. 
I am employed by Bank of America, N.A. as a Senior Vice President 
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and Group Operations Manager within eDiscovery Legal. 
In my role, my 
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responsibilities include overseeing Electronic Discovery data collection requests. 
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2. 
I have personal knowledge of the facts stated herein and, if called upon 
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to do so, I could and would competently testify thereto. 
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3. 
I make this declaration in support of BANA's Motion to Preclude 
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Additional ESI Discovery. 
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4. 
The parties previously agreed that BANA would collect ESI from 
1 O 24 custodians, and review and produce ESI from 20 of those custodians. 
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5. 
In connection with the parties' previous agreement regarding ESI 
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discovery and the Court's direction, BANA reviewed more than 765,000 documents 
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and produced nearly 200,000 documents over the course of two months, from 
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October 2023 to December 2023, and has produced more than 200,000 documents to 
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date. 
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6. 
To complete the ESI review of the 20 custodians in short order, BANA's 
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ESI discovery vendor hired more than 400 contract reviewers and expended 
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$4,584,904.04 to date in the processing, hosting, review, redaction, production and 
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privilege log costs. This did not include outside counsel expenses. 
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7. 
I understand from counsel that, among other things, Plaintiffs in this 
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litigation seek ESI from five ofBANA's top executives: Brian Moynihan, Thomas 
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Montag, Catherine Bessant, Dean Athanasia, and Christine Channels. 
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8. 
BANA requested cost estimates from its ESI vendor, Consilio, for the 
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total vendor costs, including processing, hosting, review, redaction, production and 
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privilege log costs, associated with ESI discovery from these five executive 
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custodians. 
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9. 
Consilio reviewed the cost breakdown for the review of the 20 ESI 
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ANDERSON DECL. ISO MOT. TO PRECLUDE 
CASE No. 2 l-MD-02992-LAB-MSB 
AoD' L ESI DISCOVERY 
Case 3:21-md-02992-GPC-MSB     Document 209-2     Filed 01/23/24     PageID.2045     Page
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custodians, including anticipated additional costs associated with redactions, review 
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and productions in connection with privilege logs, in order to develop a cost estimate 
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of $290,000 per additional custodian collected and reviewed. 
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10. 
Based on that cost estimate per custodian, Consilio estimates a cost of 
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$1,450,000 to perform the processing, hosting, review, redactions, productions and 
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privilege logs associated with five executive custodians. 
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Based on that cost estimate per custodian, Consilio estimates a cost of 
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$2,320,000 to perform the processing, hosting, review, redactions, productions and 
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privilege logs associated with eight additional custodians, including five executive 
1 O custodians and three non-executive custodians. 
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I declare under penalty of perjury under the laws of the United States that the 
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foregoing is true and correct. Executed on January 23, 2024, in Charlotte, North 
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Carolina. 
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By:~;/,~ 
DUSTIN ANDERSON 
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ANDERSON DECL. ISO MOT. TO PRECLUDE 
CASE No. 2 l-MD-02992-LAB-MSB 
.ADD' L ESI DISCOVERY 
Case 3:21-md-02992-GPC-MSB     Document 209-2     Filed 01/23/24     PageID.2046     Page
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ATTORNEY ATTESTATION 
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I hereby attest, pursuant to Local Rule 5-l(i)(3), that I obtained the 
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concurrence in the filing of this document from the signatory. 
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Isl James W. McGarrv 
JAMES W. MCGARRY 
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ANDERSON D ECL. ISO MOT. TO PRECLUDE 
CASE No. 21-MD-02992-LAB-MSB 
ADD' L ESI DISCOVERY 
Case 3:21-md-02992-GPC-MSB     Document 209-2     Filed 01/23/24     PageID.2047     Page
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