Court filing
Exhibit 21 to Chan Decl — In re Bank of America California Unemployment Benefits Litigation (Dkt. 212-23, S.D. Cal. No. 3:21-md-02992)
Filed January 23, 2024 in In re Bank of America California Unemployment Benefits Litigation; one of 1415 filings from this case.
Record facts
| Court | U.S. District Court for the Southern District of California |
|---|---|
| Filed | 2024-01-23 |
U.S. District Court for the Southern District of California · No. 3:21-md-02992-GPC-MSB · Doc. 212-23 · 2024-01-23 · Docket on CourtListener
Full text
EXHIBIT 21 Case 3:21-md-02992-GPC-MSB Document 212-23 Filed 01/23/24 PageID.2229 Page 1 of 9 1 BANK OF AMERICA’S RESPONSES AND OBJECTIONS TO PLAINTIFF YICK’S REQUEST FOR PRODUCTION OF DOCUMENTS (SET THREE) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 JAMES W. MCGARRY (admitted pro hac vice) JMcGarry@goodwinlaw.com GOODWIN PROCTER LLP 100 Northern Avenue Boston, MA 02210 Tel.: +1 617 570 1000 Fax: +1 617 523 1231 YVONNE W. CHAN (admitted pro hac vice) YChan@jonesday.com JONES DAY 100 High Street Boston, MA 02110 Tel.: +1 617 960 3939 Fax: +1 617 449 6999 Attorneys for Defendant BANK OF AMERICA, N.A. UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA IN RE BANK OF AMERICA CALIFORNIA UNEMPLOYMENT BENEFITS LITIGATION, _______________________________ This Document Relates to All Actions Case No. 3-21-md-02992-LAB-MSB BANK OF AMERICA’S RESPONSES AND OBJECTIONS TO PLAINTIFF YICK’S REQUEST FOR PRODUCTION OF DOCUMENTS (SET THREE) Case 3:21-md-02992-GPC-MSB Document 212-23 Filed 01/23/24 PageID.2230 Page 2 of 9 10 BANK OF AMERICA’S RESPONSES AND OBJECTIONS TO PLAINTIFF YICK’S REQUEST FOR PRODUCTION OF DOCUMENTS (SET THREE) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 REQUEST FOR PRODUCTION NO. 76. ALL DOCUMENTS, including but not limited to COMMUNICATIONS, RELATING TO EDD, EDD BENEFITS, EDD DEBIT CARDS, EDD DEBIT Case 3:21-md-02992-GPC-MSB Document 212-23 Filed 01/23/24 PageID.2231 Page 3 of 9 11 BANK OF AMERICA’S RESPONSES AND OBJECTIONS TO PLAINTIFF YICK’S REQUEST FOR PRODUCTION OF DOCUMENTS (SET THREE) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CARD ACCOUNTS, EDD DEBIT CARDHOLDERS, TRANSACTIONAL FRAUD, or the CLAIM FRAUD FILTER that were exchanged between YOU and any member of YOUR Board of Directors or among any Board of Director members during the RELEVANT PERIOD. RESPONSE TO REQUEST FOR PRODUCTION NO. 76 BANA incorporates its General Objections, Objections to Definitions, and Objections to Instructions as if fully set forth herein. BANA objects to this Request on the grounds that it is unduly burdensome, overly broad, and seeks information that is irrelevant to the claims and defenses in this litigation. BANA further objects to this Request as unduly burdensome and overly broad insofar that it seeks documents from BANA’s Board that are more appropriately obtained from other sources, including, but not limited to, individuals within BANA responsible for overseeing the EDD prepaid program and transactional claims fraud within the EDD prepaid program, and insofar as it seeks “[a]ll DOCUMENTS,” without any time limitation. BANA also objects to this Request to the extent it is inconsistent with Plaintiffs’ counsel’s representations during the parties’ informal discovery conferences before Judge Berg on August 17, 2023, August 25, 2023 and September 7, 2023, that Plaintiffs are not seeking to collect the emails of BANA’s Board. BANA further objects to this Request to the extent that it seeks information, including but not limited to internal communications, protected from discovery by the attorney-client privilege, the work product doctrine, the joint defense privilege, the bank examiner privilege, or any other privileges or reasons for non-production, and to the extent it purports to require BANA to search and/or review electronically stored information and data, including but not limited to databases and electronic mail, that is not reasonably accessible because of undue burden, undue cost, and/or technological complication, and/or that is not reasonably specified by the Request. BANA also objects to this Request as duplicative of Request Nos. 73 and/or 75 to the extent it Case 3:21-md-02992-GPC-MSB Document 212-23 Filed 01/23/24 PageID.2232 Page 4 of 9 12 BANK OF AMERICA’S RESPONSES AND OBJECTIONS TO PLAINTIFF YICK’S REQUEST FOR PRODUCTION OF DOCUMENTS (SET THREE) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 seeks documents presented to the Board or that were produced in Civil Action No. 2023-0787-JTL in response to a § 220 demand for documents. Subject to and without waiving the foregoing objections, BANA refers Plaintiffs to its Responses and Objections to Request No. 73 indicating that BANA will conduct a reasonable search to identify and produce non-privileged documents provided to BANA’s Board of Directors concerning transactional fraud on EDD Debit Cards and/or the Claims Fraud Filter, if any, and its Responses and Objections to Request No. 75. BANA further states that it will not collect and search the emails of BANA’s Board of Directors, nor will it produce additional documents in response to this Request. REQUEST FOR PRODUCTION NO. 77. ALL DOCUMENTS, including but not limited to COMMUNICATIONS, RELATING TO EDD, EDD BENEFITS, EDD DEBIT CARDS, EDD DEBIT CARD ACCOUNTS, EDD DEBIT CARDHOLDERS, TRANSACTIONAL FRAUD, or the CLAIM FRAUD FILTER exchanged with or among any of YOUR EXECUTIVE OFFICERS during the RELEVANT PERIOD including but not limited to EXECUTIVE OFFICERS Brian T. Moynihan, Alastair Borthwick, Geoffrey S. Greener, Lauren Mogensen, Dean C. Athanasia, Paul M. Donofrio, Thomas K. Montag and Thomas M. Scrivener. RESPONSE TO REQUEST FOR PRODUCTION NO. 77 BANA incorporates its General Objections, Objections to Definitions, and Objections to Instructions as if fully set forth herein. BANA objects to this Request on the grounds that it is unduly burdensome, overly broad, and seeks information that is irrelevant to the claims and defenses in this litigation, and because the term “EXECUTIVE OFFICER” is overly broad because it includes anyone holding a “title of Senior Vice President or higher,” which is inconsistent with the use of the term in the ordinary course and at BANA. BANA further objects to this Request and its use Case 3:21-md-02992-GPC-MSB Document 212-23 Filed 01/23/24 PageID.2233 Page 5 of 9 13 BANK OF AMERICA’S RESPONSES AND OBJECTIONS TO PLAINTIFF YICK’S REQUEST FOR PRODUCTION OF DOCUMENTS (SET THREE) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 of the term “EXECUTIVE OFFICER” as unduly burdensome, overly broad, and disproportionate to the needs of the case because it seeks documents from BANA’s highest level executives that are not likely relevant to the claims and/or more appropriately obtained from other sources, including, but not limited to, individuals within BANA responsible for overseeing the EDD prepaid program and transactional claims fraud within the EDD prepaid program, and insofar as it seeks “[a]ll DOCUMENTS,” without any time limitation. BANA also objects to this Request to the extent it is inconsistent with Judge Berg’s informal finding, during the Parties’ informal discovery conference on September 7, 2023 (to which Plaintiffs decided not to object via formal briefing), that the collection of emails from BANA’s five highest level executives (Brian T. Moynihan, Alastair Borthwick, Geoffrey S. Greener, Dean C. Athanasia, and Thomas K. Montag) is overly burdensome and not proportional to the needs of the case at this time. BANA further objects to this Request to the extent that it seeks information, including but not limited to internal communications, protected from discovery by the attorney-client privilege, the work product doctrine, the joint defense privilege, the bank examiner privilege, or any other privileges or reasons for non-production, and to the extent it purports to require BANA to search and/or review electronically stored information and data, including but not limited to databases and electronic mail, that is not reasonably accessible because of undue burden, undue cost, and/or technological complication, and/or that is not reasonably specified by the Request. Subject to and without waiving the foregoing objections, BANA will not produce documents in response to this Request. REQUEST FOR PRODUCTION NO. 78. ALL DOCUMENTS, including but not limited to COMMUNICATIONS, RELATING TO any CARDHOLDER CLAIMS, or the FREEZING or BLOCKING or UNFREEZING or UNBLOCKING of EDD DEBIT CARDHOLDER Case 3:21-md-02992-GPC-MSB Document 212-23 Filed 01/23/24 PageID.2234 Page 6 of 9 14 BANK OF AMERICA’S RESPONSES AND OBJECTIONS TO PLAINTIFF YICK’S REQUEST FOR PRODUCTION OF DOCUMENTS (SET THREE) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ACCOUNTS that were exchanged between YOU and any member of YOUR Board of Directors or among any Board of Director members during the RELEVANT PERIOD. RESPONSE FOR REQUEST FOR PRODUCTION NO. 78 BANA incorporates its General Objections, Objections to Definitions, and Objections to Instructions as if fully set forth herein. BANA objects to this Request on the grounds that it is unduly burdensome, overly broad, and seeks information that is irrelevant to the claims and defenses in this litigation because the terms “FREEZING” and “BLOCKING” and “UNFREEZING” and “UNBLOCKING” are not limited to freezes and blocks placed on accounts as a result of the application of the Claims Fraud Filter, and because the term “CLAIM” is not limited to unauthorized EFT error claims in relation to an EDD Debit Card account (see 12 C.F.R. § 1005.11). BANA further objects to this Request as unduly burdensome and overly broad insofar that it seeks documents from BANA’s Board that are more appropriately obtained from other sources, including, but not limited to, individuals within BANA responsible for overseeing the EDD prepaid program and transactional claims fraud within the EDD prepaid program, and insofar as it seeks “[a]ll DOCUMENTS,” without any time limitation. BANA also objects to this Request to the extent it is inconsistent with Plaintiffs’ counsel’s representations during the parties’ informal discovery conferences before Judge Berg on August 17, 2023, August 25, 2023 and September 7, 2023, that Plaintiffs are not seeking to collect the emails of BANA’s Board. BANA further objects to this Request to the extent that it seeks information, including but not limited to internal communications, protected from discovery by the attorney-client privilege, the work product doctrine, the joint defense privilege, the bank examiner privilege, or any other privileges or reasons for non-production, and to the extent it purports to require BANA to search and/or review electronically stored information and data, including but not limited to databases and Case 3:21-md-02992-GPC-MSB Document 212-23 Filed 01/23/24 PageID.2235 Page 7 of 9 15 BANK OF AMERICA’S RESPONSES AND OBJECTIONS TO PLAINTIFF YICK’S REQUEST FOR PRODUCTION OF DOCUMENTS (SET THREE) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 electronic mail, that is not reasonably accessible because of undue burden, undue cost, and/or technological complication, and/or that is not reasonably specified by the Request. BANA also objects to this Request as duplicative of Request Nos. 73 and/or 75 to the extent it seeks documents presented to the Board or that were produced in Civil Action No. 2023-0787-JTL in response to a § 220 demand for documents. Subject to and without waiving the foregoing objections, BANA refers Plaintiffs to its Responses and Objections to Request No. 73 indicating that BANA will conduct a reasonable search to identify and produce non-privileged documents provided to BANA’s Board of Directors concerning transactional fraud on EDD Debit Cards and/or the Claims Fraud Filter, if any, and its Responses and Objections to Request No. 75. BANA further states that it will not collect and search the emails of BANA’s Board of Directors, nor will it produce additional documents in response to this Request. REQUEST FOR PRODUCTION NO. 79. ALL DOCUMENTS, including but not limited to COMMUNICATIONS, RELATING TO any CARDHOLDER CLAIMS, or the FREEZING or BLOCKING or UNFREEZING or UNBLOCKING of EDD DEBIT CARDHOLDER ACCOUNTS exchanged with or among any of YOUR EXECUTIVE OFFICERS during the RELEVANT PERIOD including but not limited to EXECUTIVE OFFICERS Brian T. Moynihan, Alastair Borthwick, Geoffrey S. Greener, Lauren Mogensen, Dean C. Athanasia, Paul M. Donofrio, Thomas K. Montag and Thomas M. Scrivener. RESPONSE TO REQUEST FOR PRODUCTION NO. 79 BANA incorporates its General Objections, Objections to Definitions, and Objections to Instructions as if fully set forth herein. BANA objects to this Request on the grounds that it is unduly burdensome, overly broad, and seeks information that is irrelevant to the claims and defenses in this litigation, and because the term Case 3:21-md-02992-GPC-MSB Document 212-23 Filed 01/23/24 PageID.2236 Page 8 of 9 16 BANK OF AMERICA’S RESPONSES AND OBJECTIONS TO PLAINTIFF YICK’S REQUEST FOR PRODUCTION OF DOCUMENTS (SET THREE) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 “EXECUTIVE OFFICER” is overly broad because it includes anyone holding a “title of Senior Vice President or higher,” which is inconsistent with the use of the term in the ordinary course and at BANA. BANA further objects to this Request and its use of the term “EXECUTIVE OFFICER” as unduly burdensome, overly broad, and disproportionate to the needs of the case because it seeks documents from BANA’s highest level executives that are more appropriately obtained from other sources, including, but not limited to, individuals within BANA responsible for overseeing the EDD prepaid program and transactional claims fraud within the EDD prepaid program, and insofar as it seeks “[a]ll DOCUMENTS,” without any time limitation. BANA also objects to this Request to the extent it is inconsistent with Judge Berg’s informal finding, during the Parties’ informal discovery conference on September 7, 2023 (to which Plaintiffs decided not to object via formal briefing), that the collection of emails from BANA’s five highest level executives (Brian T. Moynihan, Alastair Borthwick, Geoffrey S. Greener, Dean C. Athanasia, and Thomas K. Montag) is overly burdensome and not proportional to the needs of the case at this time. BANA further objects to this Request to the extent that it seeks information, including but not limited to internal communications, protected from discovery by the attorney- client privilege, the work product doctrine, the joint defense privilege, the bank examiner privilege, or any other privileges or reasons for non-production, and to the extent it purports to require BANA to search and/or review electronically stored information and data, including but not limited to databases and electronic mail, that is not reasonably accessible because of undue burden, undue cost, and/or technological complication, and/or that is not reasonably specified by the Request. Subject to and without waiving the foregoing objections, BANA will not produce documents in response to this Request. Case 3:21-md-02992-GPC-MSB Document 212-23 Filed 01/23/24 PageID.2237 Page 9 of 9
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