Court filing
Declaration of Aaron P. Arnzen with Exhibits 1-5 — In re Bank of America California Unemployment Benefits Litigation (Dkt. 220-2, S.D. Cal. No. 3:21-md-02992)
Filed February 14, 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 | 2024-02-14 |
U.S. District Court for the Southern District of California · No. 3:21-md-02992-GPC-MSB · Doc. 220-2 · 2024-02-14 · Docket on CourtListener
Full text
Decl. of Aaron P. Arnzen in Support of Motion to Compel Compliance with
Subpoena for the Production of Documents Case No. 21MD2992 LAB (MSB)
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BOTTINI & BOTTINI, INC.
Francis A. Bottini, Jr. (SBN 175783)
Albert Y. Chang (SBN 296065)
Aaron P. Arnzen (SBN 218272)
7817 Ivanhoe Avenue, Suite 102
La Jolla, California 92037
Telephone:
(858) 914-2001
Facsimile:
(858) 914-2002
E-mail: fbottini@bottinilaw.com
achang@bottinilaw.com
aarnzen@bottinilaw.com
Counsel for Class Representative Plaintiff Lindsay
McClure
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
In re BANK OF AMERICA
CALIFORNIA UNEMPLOYMENT
BENEFITS LITIGATION
Case No. 3:21-md-02992-LAB-MSB
The Honorable Michael S. Berg
Declaration of Aaron P. Arnzen in
Support of Plaintiffs’ Ex Parte
Motion to Compel Compliance with
Subpoena for the Production of
Documents
This Document Relates to All Actions
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Decl. of Aaron P. Arnzen in Support of Motion to Compel Compliance with
Subpoena for the Production of Documents Case No. 21MD2992 LAB (MSB)
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Under 28 U.S.C. § 1746, I, Aaron P. Arnzen, declare as follows:
1.
I am an attorney with the law firm of Bottini & Bottini, Inc., counsel for
Class Representative Plaintiff Lindsay McClure in this action. I submit this declaration
in support of Plaintiffs’ Ex Parte Motion to Compel Compliance with Subpoena for
the Production of Documents. I have personal knowledge of the facts stated in this
declaration; I could and would competently testify to these facts, if called upon to do
so.
2.
As evident in the exhibits attached hereto, Plaintiff’s counsel originally
served a subpoena for the production of documents on TTEC Holdings, Inc.’s
registered agent for service of process. Counsel for TTEC Holdings contacted
Plaintiff’s counsel, stated that TTEC Holdings did not have possession of the
documents that Plaintiff sought, and that a subpoena issued to TTEC Government
Solutions, LLC would be more appropriate. The same counsel agreed to accept service
of a revised subpoena on behalf of TTEC Government Solutions.
3.
Attached as Exhibit 1 is a true and accurate copy of a subpoena this firm
served on the registered agent for service of process of TTEC Holdings, Inc.
4.
Attached as Exhibit 2 is a true and accurate copy of a November 3, 2023
letter from counsel for TTEC Government Solutions, LLC, to Plaintiff’s counsel.
5.
Attached as Exhibit 3 is a true and accurate copy of a subpoena this firm
served on counsel for TTEC Government Solutions, LLC.
6.
Attached as Exhibit 4 is a true and accurate copy of email correspondence
between this firm and counsel for TTEC Government Solutions, LLC regarding the
subpoena.
7.
Attached as Exhibit 5 is a true and accurate copy of a May 17, 2021
Preliminary Injunction Order issued in Yick v. Bank of America, N.A., Case No.
21CV00376-VC (N.D. Cal.), ECF No. 89.
8.
At or near the time of filing the related Ex Parte Motion to Compel
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Decl. of Aaron P. Arnzen in Support of Motion to Compel Compliance with
Subpoena for the Production of Documents Case No. 21MD2992 LAB (MSB)
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Compliance with Subpoena for the Production of Documents, this firm will email a
copy of the moving papers to counsel for TTEC.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on February 14, 2024, in La Jolla, California.
/s/ Aaron P. Arnzen
Aaron P. Arnzen
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Table of Contents of Exhibits to Declaration of Aaron P. Arnzen
in Support of Plaintiffs’ Ex Parte Motion to Compel Compliance with
Subpoena for the Production of Documents
Exhibit Nos.
Exhibit Description
Page Nos.
Exhibit 1
Subpoena issued to TTEC Holdings, Inc.,
dated October 2, 2023
001 – 020
Exhibit 2
Correspondence from counsel for TTEC
Government Solutions, LLC to Plaintiff’s
counsel, dated November 3, 2023
021 – 022
Exhibit 3
Subpoena issued to TTEC Government
Solutions, LLC, dated November 9, 2023
023 – 041
Exhibit 4
Meet and confer email correspondence
between counsel for TTEC Government
Solutions, LLC and Plaintiff’s counsel
042 – 046
Exhibit 5
Preliminary Injunction Order entered in Yick
v. Bank of America, N.A., Case No.
21CV00376-VC (N.D. Cal.) dated May 17,
2021
047 – 051
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EXHIBIT 1
EXHIBIT 1
Exhibit 1
001
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AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action
UNITED STATES DISTRICT COURT
for the
__________ District of __________
)
)
)
)
)
)
Plaintiff
v.
Civil Action No.
Defendant
SUBPOENA TO PRODUCE DOCUMENTS, INFORMATION, OR OBJECTS
OR TO PERMIT INSPECTION OF PREMISES IN A CIVIL ACTION
To:
(Name of person to whom this subpoena is directed)
Production: YOU ARE COMMANDED to produce at the time, date, and place set forth below the following
documents, electronically stored information, or objects, and to permit inspection, copying, testing, or sampling of the
material:
Place:
Date and Time:
Inspection of Premises: YOU ARE COMMANDED to permit entry onto the designated premises, land, or
other property possessed or controlled by you at the time, date, and location set forth below, so that the requesting party
may inspect, measure, survey, photograph, test, or sample the property or any designated object or operation on it.
Place:
Date and Time:
The following provisions of Fed. R. Civ. P. 45 are attached – Rule 45(c), relating to the place of compliance;
Rule 45(d), relating to your protection as a person subject to a subpoena; and Rule 45(e) and (g), relating to your duty to
respond to this subpoena and the potential consequences of not doing so.
Date:
CLERK OF COURT
OR
Signature of Clerk or Deputy Clerk
Attorney’s signature
The name, address, e-mail address, and telephone number of the attorney representing (name of party)
, who issues or requests this subpoena, are:
Notice to the person who issues or requests this subpoena
If this subpoena commands the production of documents, electronically stored information, or tangible things or the
inspection of premises before trial, a notice and a copy of the subpoena must be served on each party in this case before
it is served on the person to whom it is directed. Fed. R. Civ. P. 45(a)(4).
Southern District of California
Exhibit 1
002
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AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action (Page 2)
Civil Action No.
PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 45.)
I received this subpoena for (name of individual and title, if any)
on (date)
.
I served the subpoena by delivering a copy to the named person as follows:
on (date)
; or
I returned the subpoena unexecuted because:
.
Unless the subpoena was issued on behalf of the United States, or one of its officers or agents, I have also
tendered to the witness the fees for one day’s attendance, and the mileage allowed by law, in the amount of
$
.
My fees are $
for travel and $
for services, for a total of $
.
I declare under penalty of perjury that this information is true.
Date:
Server’s signature
Printed name and title
Server’s address
Additional information regarding attempted service, etc.:
Exhibit 1
003
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AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action(Page 3)
Federal Rule of Civil Procedure 45 (c), (d), (e), and (g) (Effective 12/1/13)
(c) Place of Compliance.
(1) For a Trial, Hearing, or Deposition. A subpoena may command a
person to attend a trial, hearing, or deposition only as follows:
(A) within 100 miles of where the person resides, is employed, or
regularly transacts business in person; or
(B) within the state where the person resides, is employed, or regularly
transacts business in person, if the person
(i) is a party or a party’s officer; or
(ii) is commanded to attend a trial and would not incur substantial
expense.
(2) For Other Discovery. A subpoena may command:
(A) production of documents, electronically stored information, or
tangible things at a place within 100 miles of where the person resides, is
employed, or regularly transacts business in person; and
(B) inspection of premises at the premises to be inspected.
(d) Protecting a Person Subject to a Subpoena; Enforcement.
(1) Avoiding Undue Burden or Expense; Sanctions. A party or attorney
responsible for issuing and serving a subpoena must take reasonable steps
to avoid imposing undue burden or expense on a person subject to the
subpoena. The court for the district where compliance is required must
enforce this duty and impose an appropriate sanction—which may include
lost earnings and reasonable attorney’s fees—on a party or attorney who
fails to comply.
(2) Command to Produce Materials or Permit Inspection.
(A) Appearance Not Required. A person commanded to produce
documents, electronically stored information, or tangible things, or to
permit the inspection of premises, need not appear in person at the place of
production or inspection unless also commanded to appear for a deposition,
hearing, or trial.
(B) Objections. A person commanded to produce documents or tangible
things or to permit inspection may serve on the party or attorney designated
in the subpoena a written objection to inspecting, copying, testing, or
sampling any or all of the materials or to inspecting the premises—or to
producing electronically stored information in the form or forms requested.
The objection must be served before the earlier of the time specified for
compliance or 14 days after the subpoena is served. If an objection is made,
the following rules apply:
(i) At any time, on notice to the commanded person, the serving party
may move the court for the district where compliance is required for an
order compelling production or inspection.
(ii) These acts may be required only as directed in the order, and the
order must protect a person who is neither a party nor a party’s officer from
significant expense resulting from compliance.
(3) Quashing or Modifying a Subpoena.
(A) When Required. On timely motion, the court for the district where
compliance is required must quash or modify a subpoena that:
(i) fails to allow a reasonable time to comply;
(ii) requires a person to comply beyond the geographical limits
specified in Rule 45(c);
(iii) requires disclosure of privileged or other protected matter, if no
exception or waiver applies; or
(iv) subjects a person to undue burden.
(B) When Permitted. To protect a person subject to or affected by a
subpoena, the court for the district where compliance is required may, on
motion, quash or modify the subpoena if it requires:
(i) disclosing a trade secret or other confidential research,
development, or commercial information; or
(ii) disclosing an unretained expert’s opinion or information that does
not describe specific occurrences in dispute and results from the expert’s
study that was not requested by a party.
(C) Specifying Conditions as an Alternative. In the circumstances
described in Rule 45(d)(3)(B), the court may, instead of quashing or
modifying a subpoena, order appearance or production under specified
conditions if the serving party:
(i) shows a substantial need for the testimony or material that cannot be
otherwise met without undue hardship; and
(ii) ensures that the subpoenaed person will be reasonably compensated.
(e) Duties in Responding to a Subpoena.
(1) Producing Documents or Electronically Stored Information. These
procedures apply to producing documents or electronically stored
information:
(A) Documents. A person responding to a subpoena to produce documents
must produce them as they are kept in the ordinary course of business or
must organize and label them to correspond to the categories in the demand.
(B) Form for Producing Electronically Stored Information Not Specified.
If a subpoena does not specify a form for producing electronically stored
information, the person responding must produce it in a form or forms in
which it is ordinarily maintained or in a reasonably usable form or forms.
(C) Electronically Stored Information Produced in Only One Form. The
person responding need not produce the same electronically stored
information in more than one form.
(D) Inaccessible Electronically Stored Information. The person
responding need not provide discovery of electronically stored information
from sources that the person identifies as not reasonably accessible because
of undue burden or cost. On motion to compel discovery or for a protective
order, the person responding must show that the information is not
reasonably accessible because of undue burden or cost. If that showing is
made, the court may nonetheless order discovery from such sources if the
requesting party shows good cause, considering the limitations of Rule
26(b)(2)(C). The court may specify conditions for the discovery.
(2) Claiming Privilege or Protection.
(A) Information Withheld. A person withholding subpoenaed information
under a claim that it is privileged or subject to protection as trial-preparation
material must:
(i) expressly make the claim; and
(ii) describe the nature of the withheld documents, communications, or
tangible things in a manner that, without revealing information itself
privileged or protected, will enable the parties to assess the claim.
(B) Information Produced. If information produced in response to a
subpoena is subject to a claim of privilege or of protection as
trial-preparation material, the person making the claim may notify any party
that received the information of the claim and the basis for it. After being
notified, a party must promptly return, sequester, or destroy the specified
information and any copies it has; must not use or disclose the information
until the claim is resolved; must take reasonable steps to retrieve the
information if the party disclosed it before being notified; and may promptly
present the information under seal to the court for the district where
compliance is required for a determination of the claim. The person who
produced the information must preserve the information until the claim is
resolved.
(g) Contempt.
The court for the district where compliance is required—and also, after a
motion is transferred, the issuing court—may hold in contempt a person
who, having been served, fails without adequate excuse to obey the
subpoena or an order related to it.
For access to subpoena materials, see Fed. R. Civ. P. 45(a) Committee Note (2013).
Exhibit 1
004
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SCHEDULE A
(TTEC Holdings, Inc.)
I. DEFINITIONS
Each word or term used in these Requests is intended to have the broadest meaning
permitted under the Federal Rules of Civil Procedure and the Local Rules of this Court.
Furthermore, these Requests shall be interpreted by reference to the definitions set forth below.
1.
“YOU” and “YOUR” means TTEC Holdings, Inc., its business segments, and any
of its predecessors, successors, parents, subsidiaries, divisions, partnerships, and branches; its
international, foreign, national, regional, and local offices; and all present or former officers,
directors, partners, employees, agents, attorneys, advisors, accountants, tax, financial and other
consultants, and all other persons acting on behalf of TTEC Holdings, Inc.
2.
“DEFENDANT” refers to Bank of America, N.A., the Defendant in this action, and
any other person or entity acting on DEFENDANT’s behalf, including YOU as appropriate.
3.
“BLOCKING,” and related words, such as “BLOCK” and “BLOCKED” refer to
actions taken by DEFENDANT or YOU which prevent an EDD DEBIT CARDHOLDER from
accessing funds in, or otherwise using, their EDD DEBIT CARD ACCOUNT and that may be
lifted when the EDD DEBIT CARDHOLDER verifies his or her identity with DEFENDANT
(under DEFENDANT’S stated policy). This definition of BLOCKING is intended to encompass,
at a minimum, any instance in which DEFENDANT uses the word “blocking,” “blocked,” or
another iteration of the word “block” in connection with or relation to an EDD DEBIT CARD, an
EDD DEBIT CARD ACCOUNT, or an EDD DEBIT CARDHOLDER’s ability or inability to
access or use their EDD DEBIT CARD or EDD DEBIT CARD ACCOUNT.
Exhibit 1
005
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4.
“CARDHOLDER” includes any EDD DEBIT CARDHOLDER as well as any
other individual to whom DEFENDANT issues a debit card or credit card.
5.
“CLAIM” refers to a COMMUNICATION from a CARDHOLDER to the
DEFENDANT or YOU by which the CARDHOLDER communicates information to
DEFENDANT or YOU indicating the CARDHOLDER’s belief that they did not initiate or
authorize an electronic fund transfer or transaction from their EDD DEBIT CARD ACCOUNT or
another account, or that they otherwise dispute the transfer or transaction.
6.
“CLAIM INVESTIGATION” refers to all acts that YOU take or have taken in
response to a CLAIMANT’s submission of a CLAIM in order to resolve the CLAIM.
7.
“CLAIMANT” refers to a CARDHOLDER who has submitted a CLAIM to
DEFENDANT or YOU.
8.
“COMMUNICATION” and “COMMUNICATING” refers to any transmission or
transfer of information of any kind, whether orally, electronically (e.g., by e-mail, text message,
chat or any other electronic transmission), in writing, or in any other manner, at any time or place,
and under any circumstances.
9.
“CONTRACTOR” refers to any person or entity with whom YOU contract for
services RELATING TO EDD DEBIT CARD ACCOUNTS, including, but not limited to, any
other CSP, and also includes any subcontractor of that CONTRACTOR.
10.
“CSP” (customer service provider) refers to YOU and any other third-party
company providing customer service RELATING TO EDD DEBIT CARDHOLDER
ACCOUNTS.
11.
“CSR” (customer service representative) refers to a natural person or simulated
person, including, without limitation, any employee or independent contractor or temporary
Exhibit 1
006
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worker employed by or working for DEFENDANT, YOU, or any CSP, who provides or has
provided customer service RELATING TO EDD DEBIT CARDS or EDD DEBIT CARD
ACCOUNTS.
12.
“DOCUMENT” or “DOCUMENTS” have the full meaning ascribed to those terms
under Rule 34 of the Federal Rules of Civil Procedure and include, without limitation
correspondence; letters; emails; text messages; chats, calendar entries; memoranda; records;
books; reports; summaries of personal conversations or interviews; diaries; graphs; charts;
diagrams; tables; photographs; recordings; tapes; microfilms; minutes; and summaries of meetings
or conferences; records and reports of consultants; press releases; stenographic, handwritten, and
any other notes; work papers; checks, front and back; check vouchers, check stubs, and receipts;
tape data sheets, data processing cards and discs, and any other written, recorded, transcribed,
punched, taped, filmed or graphic matter, however produced or reproduced; and any paper or
writing of whatever description, including any computer database or information contained in any
computer. Any production of electronically stored information shall include the information
needed to understand such information. The term “DOCUMENT” or “DOCUMENTS” further
includes any and all drafts and all copies where the copy is not identical to the original.
13.
“EDD” means the California Employment Development Department.
14.
“EDD BENEFITS” refers to any public benefits funds disbursed by EDD, including
without limitation any such funds disbursed as unemployment insurance benefits, disability
insurance benefits, or paid family leave benefits.
15.
“EDD DEBIT CARD” refers to a prepaid debit card issued by DEFENDANT to an
EDD DEBIT CARDHOLDER for the purpose of allowing the CARDHOLDER to access, spend,
or otherwise use EDD BENEFITS deposited into their EDD DEBIT CARD ACCOUNT.
Exhibit 1
007
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16.
“EDD DEBIT CARD ACCOUNT” refers to a bank account established by
DEFENDANT for use by an EDD DEBIT CARDHOLDER.
17.
“EDD DEBIT CARDHOLDER” refers to a person to whom DEFENDANT issues
an EDD DEBIT CARD, or for whom DEFENDANT establishes an EDD DEBIT CARD
ACCOUNT.
18.
“EXECUTIVE OFFICER” means a person employed by YOU who holds a title of
Vice President or higher, and includes all positions designated as “Chief.”
19.
“FREEZING” and related words, such as “FREEZE,” “FROZE,” and “FROZEN,”
refer to actions taken by DEFENDANT or YOU which prevent an EDD DEBIT CARDHOLDER
from accessing funds in, or otherwise using, their EDD DEBIT CARD ACCOUNT and
encompasses, at a minimum, any instance in which DEFENDANT or YOU uses the word
“freezing,” “froze,” “frozen,” or another iteration of the word “freeze” in connection with or
relation to an EDD DEBIT CARD, an EDD DEBIT CARD ACCOUNT, or an EDD DEBIT
CARDHOLDER’s ability or inability to access or use their EDD DEBIT CARD or EDD DEBIT
CARD ACCOUNT.
20.
“CLAIMS FRAUD FILTER” refers to any automated tool, analysis, algorithm,
process, or combination thereof used by YOU or the DEFENDANT at any time during the
RELEVANT PERIOD as a purported means of identifying potentially fraudulently submitted
CLAIMS.
21.
“NAMED CLASS REPRESENTATIVES” means the class plaintiffs in this action,
consisting of: Jennifer Yick, Vanessa Rivera, Candace Koole, Azuri Moon, Roland Oosthuizen,
Rosemary Mathews, Carlos Rodriguez, J. Michael Willrich, Lindsay McClure, Robert L. Wilson,
Clara Cajas, Stephanie Smith, Alan Karam, Luis Perez, Jonathan Smith, Alex Yuan, Jory Zoelle,
Exhibit 1
008
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Cindy Baker, Ursula Auburn, Julie Hicks, Kuang Ting Chong, Stephanie Moore, Zinaida Petrova,
and Claire Blankenship.
22.
“PERSONAL CONFIDENTIAL INFORMATION” refers to any information that
concerns an EDD DEBIT CARD, an EDD DEBIT CARD ACCOUNT, or an EDD DEBIT
CARDHOLDER and that could help someone effect an unauthorized transfer or transaction from
that EDD DEBIT CARD ACCOUNT. Examples of PERSONAL CONFIDENTIAL
INFORMATION include: (a) unique identifying information for an EDD DEBIT CARD (such as
the debit card number, expiration date, CVV code, cardholder name, or PIN code); (b) unique
identifying information for an EDD DEBIT CARD ACCOUNT (such as the account number,
name of the accountholder, address of the accountholder, accountholder phone number, or
accountholder email address); (c) any security code, access code, or password that would permit
access to an EDD DEBIT CARD ACCOUNT; and (d) any unique identifying personal information
of an EDD DEBIT CARDHOLDER (such as their date of birth, all or part of their social security
number, any security challenge questions, and the answers to any such questions).
23.
“PRELIMINARY INJUNCTION” means the Preliminary Injunction Order entered
in Yick v. Bank of America, N.A., Case No. 21-cv-00376-VC on or about June 2, 2021 (N.D. Cal,
Case No. 3:21-cv-00376-VC, Dkt. No. 103), and the underlying order entered in Yick dated May
17, 2021 and reported at 539 F. Supp. 3d 1023.
24.
“PROVISIONAL CREDIT” refers to a temporary credit or payment that YOU or
DEFENDANT issues or makes to an EDD DEBIT CARD ACCOUNT during the pendency of a
CLAIM INVESTIGATION, including pursuant to the Electronic Fund Transfer Act (“EFTA”)
and Regulation E.
Exhibit 1
009
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25.
“RELATING TO” or “RELATED TO” means relating to, containing, concerning,
referencing, embodying, discussing, or reflecting.
26.
“TRANSACTIONAL FRAUD” refers to transactions from an EDD DEBIT CARD
ACCOUNT that were not authorized by the EDD DEBIT CARDHOLDER on that ACCOUNT.
27.
“UNBLOCKING” means DEFENDANT’S or YOUR act of reversing
DEFENDANT’S or YOUR prior act of BLOCKING an EDD DEBIT CARD ACCOUNT and
restoring the EDD DEBIT CARDHOLDER’s ability to access funds in his or her EDD DEBIT
CARD ACCOUNT.
28.
“UNFREEZING” refers to a decision and resulting set of actions by which YOU
or DEFENDANT reverses its prior FREEZING of an EDD DEBIT CARD ACCOUNT or EDD
DEBIT CARD.
29.
“CALL CENTER,” “CLAIMS INITIATION CALL CENTER,” and “FRAUD
CALL CENTER” mean YOUR departments, subdivisions, and sections, including customer
forward or back-office facing, through which YOU provide or provided services to DEFENDANT
RELATING TO EDD DEBIT CARDHOLDERS and/or their EDD DEBIT CARD ACCOUNTS,
CLAIMS, CLAIM INVESTIGATION, or FRAUD, and includes all remote locations, including
but not limited to the homes of YOUR CSRs.
30.
“YOUR CALL CENTER EMPLOYEES” and “EMPLOYEES” means YOUR
CSRs, supervisors, team leaders, managers, coaches and other employees, independent
contractors, and agents, including those serving in all capacities in YOUR CALL CENTERS
RELATING TO EDD DEBIT CARDHOLDERS.
II. INSTRUCTIONS
1.
The terms “and,” “or,” “any,” “all,” “each,” “every,” “herein,” and “including” are
to be read expansively, inclusively, in both the conjunctive and disjunctive, singly, plurally, and
Exhibit 1
010
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wholly, and shall serve as a request for Discovery Materials that would be responsive under any
of those readings.
2.
The use of a verb in any tense shall be construed as the use of the verb in all other
tenses.
3.
A Request for “All DOCUMENTS and COMMUNICATIONS” concerning a
subject is made with the understanding that the scope of YOUR review and production of
DOCUMENTS will be in accordance with FRCP Rule 45.
4.
In responding to these requests, YOU shall produce all responsive DOCUMENTS
(including those stored electronically), which are in YOUR possession, custody, or control, or in
the possession, custody, or control of YOUR predecessors, successors, parents, subsidiaries,
divisions or affiliates, or any of YOUR respective directors, officers, managing agents, agents,
employees, attorneys, accountants, or other representatives. A DOCUMENT shall be deemed to
be within YOUR control if YOU have the right to secure the DOCUMENT or a copy of the
DOCUMENT from another person having possession or custody of the DOCUMENT.
5.
Pursuant to the Federal Rules of Civil Procedure, YOU are to produce for
inspection and copying original DOCUMENTS, as they are kept in the ordinary course of business
or organized and labeled to correspond to the requests in this demand, and all electronically
maintained DOCUMENTS shall be produced in the way such DOCUMENTS are stored and
retrieved, and produced in their native format. If the original is not in YOUR custody, then YOU
shall produce a copy thereof, and all non-identical copies which differ from the original or from
the other copies produced for any reason, including, without limitation, the making of notes
thereon.
6.
If any objection is made to any of these DOCUMENT Requests, the response shall
Exhibit 1
011
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8
state with specificity the grounds for the objection, whether any DOCUMENT or
COMMUNICATION is being withheld from inspection and production based on such objection,
or whether inspection or production of the responsive items will occur notwithstanding such
objection.
7.
If production of DOCUMENTS is withheld on the ground of privilege, as to each
such withheld DOCUMENT state the following information:
(a)
Which privilege is claimed;
(b)
Who is asserting the privilege;
(c)
A precise statement of the facts upon which said claim of privilege is based;
(d)
The following information describing each purportedly privileged
DOCUMENT:
(i)
A brief description sufficient to identify its nature, i.e., agreement,
letter, memorandum, type, etc.;
(ii)
A brief description sufficient to identify its subject matter and
purpose of the DOCUMENT;
(iii)
The date it was prepared;
(iv)
The date it bears;
(v)
The date it was sent;
(vi)
The date it was received;
(vii)
The identity of the person preparing it;
(viii)
The identity of the person sending it;
(ix)
The identity of each person to whom it was sent or was to have been
sent, including all addresses and all recipients of copies;
(x)
A statement as to whom each identified person represented or
purported to represent at all relevant times; and
(xi)
All persons to whom its contents have been disclosed; and
(e)
A precise description of the place where each copy of that DOCUMENT is
kept, including the title or description of the file in which said DOCUMENT may be found and
the location of such file.
8.
If a portion of any DOCUMENT responsive to these requests is withheld under
Exhibit 1
012
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9
claim of privilege pursuant to Instruction No. 7 above, any non-privileged portion of such
DOCUMENT must be produced with the portion claimed to be privileged redacted.
9.
YOU are to produce each DOCUMENT requested herein in its entirety, without
deletion or excision (except as qualified by Instruction Nos.7 and 8 above), regardless of whether
YOU consider the entire DOCUMENT to be relevant or responsive to the requests.
10.
Whenever a DOCUMENT is not produced in full or is produced in redacted form,
so indicate on the DOCUMENT and state with particularity the reason or reasons that it is not
being produced in full in accordance with Instruction Nos. 7 and 8 above.
11.
If a DOCUMENT responsive to these requests was at any time in YOUR
possession, custody, or control, but is no longer available for production, as to each such
DOCUMENT state the following information:
(a)
Whether the DOCUMENT is missing or lost;
(b)
Whether it has been destroyed;
(c)
Whether and to whom the DOCUMENT has been transferred or delivered
and, if so, at whose request;
(d)
Whether the DOCUMENT has been otherwise disposed of; and
(e)
A precise statement of the circumstances surrounding the disposition of the
DOCUMENT and the date of its disposition.
12.
If there are no Discovery Materials responsive to any DOCUMENT Request or
subpart thereof, YOU shall state so in writing.
III. FORM OF PRODUCTION
1.
Scanned DOCUMENTS should be provided as single-page tiff images with an .opt
image cross-reference file and a delimited database load file. The database load file should contain
the following fields: “BEGNO,” “ENDNO,” “PAGES,” “VOLUME,” and “CUSTODIAN.” The
DOCUMENTS should be logically unitized (i.e., contain correct DOCUMENT breaks: for
instance, a five-page fax consisting of a cover page and a four-page memo should be unitized as a
five-page DOCUMENT). Multi-page OCR text for each DOCUMENT should also be provided.
Exhibit 1
013
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2.
Electronically stored information (“ESI”) should be produced as single-page tiff
images except for Microsoft Excel spreadsheets, audio, and database-type files, including, but not
limited to, Microsoft Access – which shall be produced in native format. Each native file should
be named according to the Bates number it has been assigned, and should be linked directly to its
corresponding record in the load file using the NATIVELINK field. To the extent that either party
believes native files should be produced for a specific DOCUMENT or class of DOCUMENTS
not required to be produced in native format pursuant to this paragraph, the parties agree to meet
and confer on the issue in good faith. Additionally, all ESI should be produced with a delimited,
Unicode database load file that contains the metadata fields listed in Table 1, attached hereto. An
.opt image cross-reference file should also be provided for all tiff images.
IV. RELEVANT TIME PERIOD
All requests herein refer to the time period from January 1, 2020 to December 31, 2022
(the “RELEVANT TIME PERIOD”) and shall include all information and DOCUMENTS that
relate to the Relevant Time Period, even if prepared or published outside of the Relevant Time
Period.
V. REQUESTS FOR PRODUCTION
REQUEST NO. 1:
All contracts and agreements, including drafts of such agreements, for services between
YOU and DEFENDANT RELATING TO EDD DEBIT CARDHOLDERS, EDD DEBIT CARD
ACCOUNTS, EDD BENEFITS, and CLAIMS.
REQUEST NO. 2:
All COMMUNICATIONS RELATING TO the PRELIMINARY INJUNCTION and the
implementation of and compliance with such PRELIMINARY INJUNCTION.
Exhibit 1
014
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11
REQUEST NO. 3:
DOCUMENTS and COMMUNICATIONS sufficient to show all of YOUR policies and
procedures for recruiting, hiring, onboarding, training, disciplining, and terminating YOUR
CALL CENTER EMPLOYEES for Bank of America in effect at any time during the
RELEVANT TIME PERIOD.
REQUEST NO. 4:
All DOCUMENTS and COMMUNICATIONS RELATING TO any decisions, policies,
instructions, or procedures regarding the alteration, suspension or elimination of any
requirements related to the education, experience, background checks or training requirements
for YOUR CALL CENTER EMPLOYEES at any time during the RELEVANT TIME PERIOD.
REQUEST NO. 5:
DOCUMENTS and COMMUNICATIONS sufficient to show all training materials,
scripts, directives, and other instructions provided to YOUR CALL CENTER EMPLOYEES.
REQUEST NO. 6:
All COMMUNICATIONS (including all tracking forms related to such
COMMUNICATIONS) between YOU, YOUR CALL CENTER EMPLOYEES or the
DEFENDANT, on one hand, and any NAMED CLASS REPRESENTATIVE, on the other hand.
REQUEST NO. 7:
Reports and summaries sufficient to show the total number of and average hours worked
by YOUR CALL CENTER EMPLOYEES RELATING TO EDD CARDHOLDERS on a weekly
basis.
REQUEST NO. 8:
Reports and summaries sufficient to show the average tenure of CSRs staffing the CALL
CENTERS RELATING TO EDD CARDHOLDERS.
REQUEST NO. 9:
DOCUMENTS sufficient to show the security measures taken by YOU to prevent theft
of CARDHOLDERS’ PERSONAL CONFIDENTIAL INFORMATION by YOUR
EMPLOYEES.
REQUEST NO. 10:
All DOCUMENTS and COMMUNICATIONS related to unauthorized or improper use
of CARDHOLDER’S PERSONAL CONFIDENTIAL INFORMATION by:
a) YOUR EMPLOYEES or
b) Third parties.
Exhibit 1
015
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12
REQUEST NO. 11:
DOCUMENTS sufficient to show YOUR use of codes, including the code “199,”
RELATING TO the EDD DEBIT CARDS AND EDD DEBIT CARD ACCOUNTS.
REQUEST NO. 12:
DOCUMENTS sufficient to show the average wait times experienced, on a weekly basis
by EDD DEBIT CARDHOLDERS.
REQUEST NO. 13:
DOCUMENTS sufficient to show on a weekly basis the number of EDD DEBIT
CARDHOLDERS who called YOUR CALL CENTER but failed to successfully
communicate with YOUR CSRs, including but not limited to calls that were dropped or
otherwise terminated based on the volume of calls, excessive wait times, or, the caller hanging
up.
REQUEST NO. 14:
DOCUMENTS sufficient to show the volume of resolutions of EDD DEBIT
CARDHOLDER CLAIMS and CLAIM INVESTIGATIONS, on a weekly basis, including the
percentage of denied CLAIMS and percentage of CARDHOLDERS COMMUNICATING they
were satisfied with the resolution and service provided by YOUR EMPLOYEES.
REQUEST NO. 15:
All DOCUMENTS RELATING TO COMMUNICATIONS between YOUR CALL
CENTERS and EDD DEBIT CARDHOLDERS RELATING TO:
a) suicide and depression,
b) threats of other self-harm or violence, and
c) the inability to pay for food, shelter, clothing, medication, or other necessities;
including YOUR decisions, policies, procedures, and instructions RELATING TO those
COMMUNICATIONS.
REQUEST NO. 16:
All DOCUMENTS and COMMUNICATIONS concerning concerns, complaints,
criticisms, and suggestions for improvement from YOUR EMPLOYEES concerning:
a) training RELATING TO CLAIMS, CLAIMS INVESTIGATION and EDD
DEBIT CARD ACCOUNTS,
b) the CLAIMS FRAUD FILTER,
c) FREEZING or BLOCKING of EDD DEBIT CARD ACCOUNTs, and
d) the closing or denying of CLAIMs submitted by EDD DEBIT
CARDHOLDERs.
Exhibit 1
016
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13
This Request includes all COMMUNICATIONS made by YOUR EMPLOYEES to internal and
external ethics hot lines (including audio recordings).
REQUEST NO. 17:
All DOCUMENTS and COMMUNICATIONS concerning YOUR responses to
concerns, complaints, criticism, and suggestions for improvement received from YOUR
EMPLOYEES and CSRs RELATING to EDD CARDHOLDER CLAIMS.
REQUEST NO. 18:
All DOCUMENTS and COMMUNICATIONS related to concerns, complaints,
criticisms, and suggestions for improvement from YOUR EXECUTIVE OFFICERS RELATING
TO:
a) EDD DEBIT CARDHOLDERS,
b) EDD DEBIT CARD ACCOUNTS,
c) EDD BENEFITS,
d) CLAIMS INVESTIGATIONS,
e) FREEZING AND BLOCKING OF EDD DEBIT CARD ACCOUNTS, and
f) the closing or denying of CLAIMS submitted by EDD DEBIT
CARDHOLDERS.
REQUEST NO. 19:
All DOCUMENTS and COMMUNICATIONS concerning concerns, complaints,
criticisms, and suggestions for improvement from DEFENDANT regarding YOUR performance
of contracts or agreements for DEFENDANT, including YOUR response to same.
REQUEST NO. 20:
DOCUMENTS sufficient to show YOUR EMPLOYEES who were responsible for
supervising, interacting and otherwise COMMUNICATING with DEFENDANT.
REQUEST NO. 21:
DOCUMENTS sufficient to show DEFENDANT’s key supervisors and decision makers
responsible for handling tasks related to YOUR contracts and agreements with DEFENDANT.
REQUEST NO. 22:
All DOCUMENTS and COMMUNICATIONS RELATING TO the CLAIMS FRAUD
FILTER.
REQUEST NO. 23:
All DOCUMENTS and COMMUNICATIONS containing the phrase “G Bam” or the
phrase “Systemic Denial.”
Exhibit 1
017
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TABLE 1: METADATA FIELDS
Field Name
Example I Format
Description
BEG NO
ABCOOOOOOl (Unique ID)
The Document ID number associated with
the first page of a document.
ENDNO
ABC0000003 (Unique ID)
The Document ID number associated with
the last page of a document.
BEGATIACH
ABCOOOOOOl (Unique ID Parent-Child Relationships)
The Document ID number associated with
the first page of the parent document
ENDATIACH
ABC0000008 (Unique ID Parent-Child Relationships)
The Document associated with the last
page of the last attachment.
PAGES
3 (Numeric)
The number of pages for a document.
VOLUME
VOLOOl
The name of CD, DVD or Hard Drive
(vendor assigns).
RECORDTYPE
Options: e-mail, attachment, hard copy, loose e-file
The record type of a document
DESIGNATION
Confidential, Highly Confidential, etc.
If the document is only provided in native,
this field would be populated with the
designation the native file should have if
printed.
SENTDATE
MM/DD/YYYY HH:MM
The date & time the email was sent.
CREATEDATE
MM/DD/YYYY HH:MM
The date & time the email was created.
LASTMODDATE
MM/DD/YYYY HH:MM
The date & time the email was modified.
RECEIVED DATE
MM/DD/YYYY HH:MM
The date & time the email was received.
TIMEZONE
PST, CST, EST, etc.
The time zone the document was
PROCESSED
processed in. Note: This should be the
time zone where the documents were
located at time of collection.
FILE PATH
i.e. Joe Smith/E-mail/lnbox
Location of the original document. The
Joe Smith/E-mail/Deleted Items
source should be the start of the full path.
Joe Smith/Loose Files/Accounting/ ...
Joe Smith/Loose Files/Documents and Settings/ ...
AUTHOR
jsmith
The author of a document from entered
metadata.
FROM
Joe Smith <jsmith@email.com>
The display name and e-mail of the author
of an e-mail. If only e-mail is given, then
just list the e-mail address. An e-mail
address should always be provided for
every document.
TO
Joe Smith <jsmith@email.com>; tjones@email.com
The display name and e-mail of the
recipient(s) of an e-mail. If only e-mail is
given, then just list the e-mail address. An
e-mail address should always be provided
for every document.
cc
Joe Smith <jsmith@email.com>; tjones@email.com
The display name and e-mail of the
copyee(s) of an e-mail. If only e-mail is
given, then just list the e-mail address. An
e-mail address should always be provided
for every document.
Exhibit 1
018
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BCC
Joe Smith <jsmith@email.com>; tjones@email.com
The display name and e-mail of the blind
copyee(s) of an e-mail. If only email is
given, then just list the e-mail address. An
e-mail address should always be provided
for every document.
SUBJECT
The subject line of the e-mail.
DOCTITLE
The extracted document title of a
document.
CUSTODIAN
The custodian/source of a document.
Note: If the documents are de-duped on
a global level, this field should contain the
name of each custodian from which the
document originated.
ATIACH COUNT
Numeric
Number of attachments to a document.
FILE EXT
XLS
The file extension of a document.
FILENAME
Document Name.xis
The file name of a document.
FILESIZE
Numeric
The file size of a document (including
embedded attachments).
MOS HASH
The MOS Hash value or "de-duplication
key" assigned to a document.
CONVERSATION
ID used to file together e-mail threads.
INDEX
NATIVELINK
D:\NATIVES\ABCOOOOOl.xls
The full path to a native copy of a
document.
FULL TEXT
D:\ TEXT\ABCOOOOOl.txt
The path to the full extracted text of the
document. There should be a folder on
the deliverable, containing a separate text
file per document. These text files should
be named with their corresponding bates
numbers. Note: E-mails should include
header information: author, recipient, cc,
bee, date, subject, etc. If the attachment
ore-file does not extract any text, then
OCR for the document should be
provided.
Exhibit 1
019
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Attorney or Party without Attorney:
For Court Use Only
BOTTINI & BOTTINI, INC.
7817 IVANHOE A VENUE, STE. 102
LA JOLLA, CA 92037
Telephone No: 858-914-2001
FAX No: 858-914-2002
Allorney for: Plaintiff
IRef No. or File No.:
BofA EDD BENEFITS
Insert name of Court, and Judicial District and Branch Court:
United States District Court For The Southern District Of California
Plaintiff: IN RE BANK OF AM. CAL. UNEMPLOYMENT BENFITS LITIG.
Def endant: --
PROOF OF SERVICE
'Hearing Dale:
'Time:
Dept/Div:
Case Number:
SUBPOENA TO PRODUCE
Fri, Nov. 03, 2023
5:00PM
3 :21-MD-2992-LAB-MSB
I. At the time of service I was at least 18 years of age and not a party to this action.
2. I served copies of the SUBPOENA TO PRODUCE DOCUMENTS, INFORMATION, OR OBJECTS OR TO PERMIT;
INSPECTION OF PREMISES IN A CIVIL ACTION.
3. a. Party served:
b. Person served:
4. Address where the party was served:
5. I served the party:
TTEC HOLDINGS, INC. C/O CT CORPORATION SYSTEM
DAISY MONTENEGRO, INT AKE SPECIALIST
330 N. BRAND BLVD., STE. 700
GLENDALE, CA 91203
a. by personal service. I personally delivered the documents listed in item 2 to the party or person authorized to receive
process for the party (1) on: Tue., Oct. 03, 2023 (2) at: 12:40PM
b. I received this subpoena for service on:
Monday, October 02, 2023
6. Witness fees were not demanded or paid.
7. Person Who Served Papers:
a. DOUGLAS FORREST
b. A & A LEGAL SERVICE, Inc.
880 MITTEN ROAD, SUITE I 02
BURLINGAME, CA 94010
c. (650) 697-9431, FAX (650) 697-4640
Recoverable Cost Per CCP 1033.5(a)(4)(B)
d. The Fee for Service was:
e. I am: (3) registered California process server
(i)
Employee
(ii) Registration No.:
5141
(iii) County:
Los Angeles
8. I declare under penalty of perjury under the laws of the State of Califomia that tlteforegoing is true am/ correct.
Date: Wed, Oct. 04, 2023
Judicial Council Form
Ruic 2.150.(a)&(b) Rev January 1, 2007
PR80F OF SERVICE
SUBP ENA TO PRODUCE
(DOUGLAS FORRESI)
9142001.138841
Exhibit 1
020
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EXHIBIT 2
EXHIBIT 2
Exhibit 2
021
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Arthur J. Rooney
ARooney@perkinscoie.com
D. +1.312.263.5071
November 3, 2023
VIA EMAIL
Francis A. Bottini, Jr.
Anne B. Beste
Bottini & Bottini, Inc.
7817 Ivanhoe Ave., Ste. 102
La Jolla, CA 92037
Re:
In re Bank of Am. Cal. Unemployment Benefits Litig., 3:21-md-2992 (S.D. Cal.)
Counsel,
We write regarding the subpoena issued to non-party TTEC Holdings, Inc., in the above-titled
action, dated October 2, 2023 (the “Subpoena”). As discussed during our telephone call on
October 31, 2023, we hereby confirm the following:
TTEC Holdings, Inc., is a holding company that does not have any employees.
TTEC Holdings, Inc., does not have any documents responsive to the Subpoena.
Responsive documents sought by the Subpoena, if any, are not within TTEC Holdings,
Inc.’s possession, custody, or control.
Neither a copy of the underlying complaint nor a description of the underling claims at
issue accompanied the Subpoena. But based on our review and our telephone conversation with
you on October 31, we believe the correct entity on which to serve a revised subpoena is TTEC
Government Solutions, LLC. As discussed, we are willing to accept service of the revised
subpoena on behalf of TTEC Government Solutions, LLC.
Please let us know if you have any questions or would like to discuss.
Sincerely,
Arthur J. Rooney
AJR:jww
Exhibit 2
022
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EXHIBIT 3
EXHIBIT 3
Exhibit 3
023
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AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action
UNITED STATES DISTRICT COURT
for the
__________ District of __________
)
)
)
)
)
)
Plaintiff
v.
Civil Action No.
Defendant
SUBPOENA TO PRODUCE DOCUMENTS, INFORMATION, OR OBJECTS
OR TO PERMIT INSPECTION OF PREMISES IN A CIVIL ACTION
To:
(Name of person to whom this subpoena is directed)
u Production: YOU ARE COMMANDED to produce at the time, date, and place set forth below the following
documents, electronically stored information, or objects, and to permit inspection, copying, testing, or sampling of the
material:
Place:
Date and Time:
u Inspection of Premises: YOU ARE COMMANDED to permit entry onto the designated premises, land, or
other property possessed or controlled by you at the time, date, and location set forth below, so that the requesting party
may inspect, measure, survey, photograph, test, or sample the property or any designated object or operation on it.
Place:
Date and Time:
The following provisions of Fed. R. Civ. P. 45 are attached – Rule 45(c), relating to the place of compliance;
Rule 45(d), relating to your protection as a person subject to a subpoena; and Rule 45(e) and (g), relating to your duty to
respond to this subpoena and the potential consequences of not doing so.
Date:
CLERK OF COURT
OR
Signature of Clerk or Deputy Clerk
Attorney’s signature
The name, address, e-mail address, and telephone number of the attorney representing (name of party)
, who issues or requests this subpoena, are:
Notice to the person who issues or requests this subpoena
If this subpoena commands the production of documents, electronically stored information, or tangible things or the
inspection of premises before trial, a notice and a copy of the subpoena must be served on each party in this case before
it is served on the person to whom it is directed. Fed. R. Civ. P. 45(a)(4).
Southern District of California
In re Bank of Am. Cal. Unemployment Benefits Litig.
3:21-md-2992-LAB-MSB
TTEC Government Solutions, LLC, c/o Arthur J. Rooney, Perkins Coie LLP, 110 North Wacker Drive, Suite 3400,
Chicago, Illinois 60606-1511
✔
See Schedule A
BOTTINI & BOTTINI, INC.
7817 Ivanhoe Ave., Suite 102
La Jolla, CA 92037
12/08/2023 5:00 pm
11/09/2023
s/ Francis A. Bottini, Jr.
Plaintiff,
Lindsay McClure
Francis A. Bottini, Jr., 7817 Ivanhoe Ave., Suite 102, La Jolla, CA 92037; fbottini@bottinilaw.com; (858)914-2001
Exhibit 3
024
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AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action (Page 2)
Civil Action No.
PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 45.)
I received this subpoena for (name of individual and title, if any)
on (date)
.
u I served the subpoena by delivering a copy to the named person as follows:
on (date)
; or
u I returned the subpoena unexecuted because:
.
Unless the subpoena was issued on behalf of the United States, or one of its officers or agents, I have also
tendered to the witness the fees for one day’s attendance, and the mileage allowed by law, in the amount of
$
.
My fees are $
for travel and $
for services, for a total of $
.
I declare under penalty of perjury that this information is true.
Date:
Server’s signature
Printed name and title
Server’s address
Additional information regarding attempted service, etc.:
3:21-md-2992-LAB-MSB
0.00
Exhibit 3
025
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AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action(Page 3)
Federal Rule of Civil Procedure 45 (c), (d), (e), and (g) (Effective 12/1/13)
(c) Place of Compliance.
(1) For a Trial, Hearing, or Deposition. A subpoena may command a
person to attend a trial, hearing, or deposition only as follows:
(A) within 100 miles of where the person resides, is employed, or
regularly transacts business in person; or
(B) within the state where the person resides, is employed, or regularly
transacts business in person, if the person
(i) is a party or a party’s officer; or
(ii) is commanded to attend a trial and would not incur substantial
expense.
(2) For Other Discovery. A subpoena may command:
(A) production of documents, electronically stored information, or
tangible things at a place within 100 miles of where the person resides, is
employed, or regularly transacts business in person; and
(B) inspection of premises at the premises to be inspected.
(d) Protecting a Person Subject to a Subpoena; Enforcement.
(1) Avoiding Undue Burden or Expense; Sanctions. A party or attorney
responsible for issuing and serving a subpoena must take reasonable steps
to avoid imposing undue burden or expense on a person subject to the
subpoena. The court for the district where compliance is required must
enforce this duty and impose an appropriate sanction—which may include
lost earnings and reasonable attorney’s fees—on a party or attorney who
fails to comply.
(2) Command to Produce Materials or Permit Inspection.
(A) Appearance Not Required. A person commanded to produce
documents, electronically stored information, or tangible things, or to
permit the inspection of premises, need not appear in person at the place of
production or inspection unless also commanded to appear for a deposition,
hearing, or trial.
(B) Objections. A person commanded to produce documents or tangible
things or to permit inspection may serve on the party or attorney designated
in the subpoena a written objection to inspecting, copying, testing, or
sampling any or all of the materials or to inspecting the premises—or to
producing electronically stored information in the form or forms requested.
The objection must be served before the earlier of the time specified for
compliance or 14 days after the subpoena is served. If an objection is made,
the following rules apply:
(i) At any time, on notice to the commanded person, the serving party
may move the court for the district where compliance is required for an
order compelling production or inspection.
(ii) These acts may be required only as directed in the order, and the
order must protect a person who is neither a party nor a party’s officer from
significant expense resulting from compliance.
(3) Quashing or Modifying a Subpoena.
(A) When Required. On timely motion, the court for the district where
compliance is required must quash or modify a subpoena that:
(i) fails to allow a reasonable time to comply;
(ii) requires a person to comply beyond the geographical limits
specified in Rule 45(c);
(iii) requires disclosure of privileged or other protected matter, if no
exception or waiver applies; or
(iv) subjects a person to undue burden.
(B) When Permitted. To protect a person subject to or affected by a
subpoena, the court for the district where compliance is required may, on
motion, quash or modify the subpoena if it requires:
(i) disclosing a trade secret or other confidential research,
development, or commercial information; or
(ii) disclosing an unretained expert’s opinion or information that does
not describe specific occurrences in dispute and results from the expert’s
study that was not requested by a party.
(C) Specifying Conditions as an Alternative. In the circumstances
described in Rule 45(d)(3)(B), the court may, instead of quashing or
modifying a subpoena, order appearance or production under specified
conditions if the serving party:
(i) shows a substantial need for the testimony or material that cannot be
otherwise met without undue hardship; and
(ii) ensures that the subpoenaed person will be reasonably compensated.
(e) Duties in Responding to a Subpoena.
(1) Producing Documents or Electronically Stored Information. These
procedures apply to producing documents or electronically stored
information:
(A) Documents. A person responding to a subpoena to produce documents
must produce them as they are kept in the ordinary course of business or
must organize and label them to correspond to the categories in the demand.
(B) Form for Producing Electronically Stored Information Not Specified.
If a subpoena does not specify a form for producing electronically stored
information, the person responding must produce it in a form or forms in
which it is ordinarily maintained or in a reasonably usable form or forms.
(C) Electronically Stored Information Produced in Only One Form. The
person responding need not produce the same electronically stored
information in more than one form.
(D) Inaccessible Electronically Stored Information. The person
responding need not provide discovery of electronically stored information
from sources that the person identifies as not reasonably accessible because
of undue burden or cost. On motion to compel discovery or for a protective
order, the person responding must show that the information is not
reasonably accessible because of undue burden or cost. If that showing is
made, the court may nonetheless order discovery from such sources if the
requesting party shows good cause, considering the limitations of Rule
26(b)(2)(C). The court may specify conditions for the discovery.
(2) Claiming Privilege or Protection.
(A) Information Withheld. A person withholding subpoenaed information
under a claim that it is privileged or subject to protection as trial-preparation
material must:
(i) expressly make the claim; and
(ii) describe the nature of the withheld documents, communications, or
tangible things in a manner that, without revealing information itself
privileged or protected, will enable the parties to assess the claim.
(B) Information Produced. If information produced in response to a
subpoena is subject to a claim of privilege or of protection as
trial-preparation material, the person making the claim may notify any party
that received the information of the claim and the basis for it. After being
notified, a party must promptly return, sequester, or destroy the specified
information and any copies it has; must not use or disclose the information
until the claim is resolved; must take reasonable steps to retrieve the
information if the party disclosed it before being notified; and may promptly
present the information under seal to the court for the district where
compliance is required for a determination of the claim. The person who
produced the information must preserve the information until the claim is
resolved.
(g) Contempt.
The court for the district where compliance is required—and also, after a
motion is transferred, the issuing court—may hold in contempt a person
who, having been served, fails without adequate excuse to obey the
subpoena or an order related to it.
For access to subpoena materials, see Fed. R. Civ. P. 45(a) Committee Note (2013).
Exhibit 3
026
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SCHEDULE A
(TTEC Government Solutions, LLC)
I. DEFINITIONS
Each word or term used in these Requests is intended to have the broadest meaning
permitted under the Federal Rules of Civil Procedure and the Local Rules of this Court.
Furthermore, these Requests shall be interpreted by reference to the definitions set forth below.
1.
“YOU” and “YOUR” means TTEC Government Solutions, LLC, its business
segments, and any of its predecessors, successors, parents, subsidiaries, divisions, partnerships,
and branches; its international, foreign, national, regional, and local offices; and all present or
former officers, directors, partners, employees, agents, attorneys, advisors, accountants, tax,
financial and other consultants, and all other persons acting on behalf of TTEC Government
Solutions, LLC.
2.
“DEFENDANT” refers to Bank of America, N.A., the Defendant in this action, and
any other person or entity acting on DEFENDANT’s behalf, including YOU as appropriate.
3.
“BLOCKING,” and related words, such as “BLOCK” and “BLOCKED” refer to
actions taken by DEFENDANT or YOU which prevent an EDD DEBIT CARDHOLDER from
accessing funds in, or otherwise using, their EDD DEBIT CARD ACCOUNT and that may be
lifted when the EDD DEBIT CARDHOLDER verifies his or her identity with DEFENDANT
(under DEFENDANT’S stated policy). This definition of BLOCKING is intended to encompass,
at a minimum, any instance in which DEFENDANT uses the word “blocking,” “blocked,” or
another iteration of the word “block” in connection with or relation to an EDD DEBIT CARD, an
EDD DEBIT CARD ACCOUNT, or an EDD DEBIT CARDHOLDER’s ability or inability to
access or use their EDD DEBIT CARD or EDD DEBIT CARD ACCOUNT.
Exhibit 3
027
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4.
“CARDHOLDER” includes any EDD DEBIT CARDHOLDER as well as any
other individual to whom DEFENDANT issues a debit card or credit card.
5.
“CLAIM” refers to a COMMUNICATION from a CARDHOLDER to the
DEFENDANT or YOU by which the CARDHOLDER communicates information to
DEFENDANT or YOU indicating the CARDHOLDER’s belief that they did not initiate or
authorize an electronic fund transfer or transaction from their EDD DEBIT CARD ACCOUNT or
another account, or that they otherwise dispute the transfer or transaction.
6.
“CLAIM INVESTIGATION” refers to all acts that YOU take or have taken in
response to a CLAIMANT’s submission of a CLAIM in order to resolve the CLAIM.
7.
“CLAIMANT” refers to a CARDHOLDER who has submitted a CLAIM to
DEFENDANT or YOU.
8.
“COMMUNICATION” and “COMMUNICATING” refers to any transmission or
transfer of information of any kind, whether orally, electronically (e.g., by e-mail, text message,
chat or any other electronic transmission), in writing, or in any other manner, at any time or place,
and under any circumstances.
9.
“CONTRACTOR” refers to any person or entity with whom YOU contract for
services RELATING TO EDD DEBIT CARD ACCOUNTS, including, but not limited to, any
other CSP, and also includes any subcontractor of that CONTRACTOR.
10.
“CSP” (customer service provider) refers to YOU and any other third-party
company providing customer service RELATING TO EDD DEBIT CARDHOLDER
ACCOUNTS.
11.
“CSR” (customer service representative) refers to a natural person or simulated
person, including, without limitation, any employee or independent contractor or temporary
Exhibit 3
028
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worker employed by or working for DEFENDANT, YOU, or any CSP, who provides or has
provided customer service RELATING TO EDD DEBIT CARDS or EDD DEBIT CARD
ACCOUNTS.
12.
“DOCUMENT” or “DOCUMENTS” have the full meaning ascribed to those terms
under Rule 34 of the Federal Rules of Civil Procedure and include, without limitation
correspondence; letters; emails; text messages; chats, calendar entries; memoranda; records;
books; reports; summaries of personal conversations or interviews; diaries; graphs; charts;
diagrams; tables; photographs; recordings; tapes; microfilms; minutes; and summaries of meetings
or conferences; records and reports of consultants; press releases; stenographic, handwritten, and
any other notes; work papers; checks, front and back; check vouchers, check stubs, and receipts;
tape data sheets, data processing cards and discs, and any other written, recorded, transcribed,
punched, taped, filmed or graphic matter, however produced or reproduced; and any paper or
writing of whatever description, including any computer database or information contained in any
computer. Any production of electronically stored information shall include the information
needed to understand such information. The term “DOCUMENT” or “DOCUMENTS” further
includes any and all drafts and all copies where the copy is not identical to the original.
13.
“EDD” means the California Employment Development Department.
14.
“EDD BENEFITS” refers to any public benefits funds disbursed by EDD, including
without limitation any such funds disbursed as unemployment insurance benefits, disability
insurance benefits, or paid family leave benefits.
15.
“EDD DEBIT CARD” refers to a prepaid debit card issued by DEFENDANT to an
EDD DEBIT CARDHOLDER for the purpose of allowing the CARDHOLDER to access, spend,
or otherwise use EDD BENEFITS deposited into their EDD DEBIT CARD ACCOUNT.
Exhibit 3
029
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16.
“EDD DEBIT CARD ACCOUNT” refers to a bank account established by
DEFENDANT for use by an EDD DEBIT CARDHOLDER.
17.
“EDD DEBIT CARDHOLDER” refers to a person to whom DEFENDANT issues
an EDD DEBIT CARD, or for whom DEFENDANT establishes an EDD DEBIT CARD
ACCOUNT.
18.
“EXECUTIVE OFFICER” means a person employed by YOU who holds a title of
Vice President or higher, and includes all positions designated as “Chief.”
19.
“FREEZING” and related words, such as “FREEZE,” “FROZE,” and “FROZEN,”
refer to actions taken by DEFENDANT or YOU which prevent an EDD DEBIT CARDHOLDER
from accessing funds in, or otherwise using, their EDD DEBIT CARD ACCOUNT and
encompasses, at a minimum, any instance in which DEFENDANT or YOU uses the word
“freezing,” “froze,” “frozen,” or another iteration of the word “freeze” in connection with or
relation to an EDD DEBIT CARD, an EDD DEBIT CARD ACCOUNT, or an EDD DEBIT
CARDHOLDER’s ability or inability to access or use their EDD DEBIT CARD or EDD DEBIT
CARD ACCOUNT.
20.
“CLAIMS FRAUD FILTER” refers to any automated tool, analysis, algorithm,
process, or combination thereof used by YOU or the DEFENDANT at any time during the
RELEVANT PERIOD as a purported means of identifying potentially fraudulently submitted
CLAIMS.
21.
“NAMED CLASS REPRESENTATIVES” means the class plaintiffs in this action,
consisting of: Jennifer Yick, Vanessa Rivera, Candace Koole, Azuri Moon, Roland Oosthuizen,
Rosemary Mathews, Carlos Rodriguez, J. Michael Willrich, Lindsay McClure, Robert L. Wilson,
Clara Cajas, Stephanie Smith, Alan Karam, Luis Perez, Jonathan Smith, Alex Yuan, Jory Zoelle,
Exhibit 3
030
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Cindy Baker, Ursula Auburn, Julie Hicks, Kuang Ting Chong, Stephanie Moore, Zinaida Petrova,
and Claire Blankenship.
22.
“PERSONAL CONFIDENTIAL INFORMATION” refers to any information that
concerns an EDD DEBIT CARD, an EDD DEBIT CARD ACCOUNT, or an EDD DEBIT
CARDHOLDER and that could help someone effect an unauthorized transfer or transaction from
that EDD DEBIT CARD ACCOUNT. Examples of PERSONAL CONFIDENTIAL
INFORMATION include: (a) unique identifying information for an EDD DEBIT CARD (such as
the debit card number, expiration date, CVV code, cardholder name, or PIN code); (b) unique
identifying information for an EDD DEBIT CARD ACCOUNT (such as the account number,
name of the accountholder, address of the accountholder, accountholder phone number, or
accountholder email address); (c) any security code, access code, or password that would permit
access to an EDD DEBIT CARD ACCOUNT; and (d) any unique identifying personal information
of an EDD DEBIT CARDHOLDER (such as their date of birth, all or part of their social security
number, any security challenge questions, and the answers to any such questions).
23.
“PRELIMINARY INJUNCTION” means the Preliminary Injunction Order entered
in Yick v. Bank of America, N.A., Case No. 21-cv-00376-VC on or about June 2, 2021 (N.D. Cal,
Case No. 3:21-cv-00376-VC, Dkt. No. 103), and the underlying order entered in Yick dated May
17, 2021 and reported at 539 F. Supp. 3d 1023.
24.
“PROVISIONAL CREDIT” refers to a temporary credit or payment that YOU or
DEFENDANT issues or makes to an EDD DEBIT CARD ACCOUNT during the pendency of a
CLAIM INVESTIGATION, including pursuant to the Electronic Fund Transfer Act (“EFTA”)
and Regulation E.
Exhibit 3
031
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25.
“RELATING TO” or “RELATED TO” means relating to, containing, concerning,
referencing, embodying, discussing, or reflecting.
26.
“TRANSACTIONAL FRAUD” refers to transactions from an EDD DEBIT CARD
ACCOUNT that were not authorized by the EDD DEBIT CARDHOLDER on that ACCOUNT.
27.
“UNBLOCKING” means DEFENDANT’S or YOUR act of reversing
DEFENDANT’S or YOUR prior act of BLOCKING an EDD DEBIT CARD ACCOUNT and
restoring the EDD DEBIT CARDHOLDER’s ability to access funds in his or her EDD DEBIT
CARD ACCOUNT.
28.
“UNFREEZING” refers to a decision and resulting set of actions by which YOU
or DEFENDANT reverses its prior FREEZING of an EDD DEBIT CARD ACCOUNT or EDD
DEBIT CARD.
29.
“CALL CENTER,” “CLAIMS INITIATION CALL CENTER,” and “FRAUD
CALL CENTER” mean YOUR departments, subdivisions, and sections, including customer
forward or back-office facing, through which YOU provide or provided services to DEFENDANT
RELATING TO EDD DEBIT CARDHOLDERS and/or their EDD DEBIT CARD ACCOUNTS,
CLAIMS, CLAIM INVESTIGATION, or FRAUD, and includes all remote locations, including
but not limited to the homes of YOUR CSRs.
30.
“YOUR CALL CENTER EMPLOYEES” and “EMPLOYEES” means YOUR
CSRs, supervisors, team leaders, managers, coaches and other employees, independent
contractors, and agents, including those serving in all capacities in YOUR CALL CENTERS
RELATING TO EDD DEBIT CARDHOLDERS.
II. INSTRUCTIONS
1.
The terms “and,” “or,” “any,” “all,” “each,” “every,” “herein,” and “including” are
to be read expansively, inclusively, in both the conjunctive and disjunctive, singly, plurally, and
Exhibit 3
032
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wholly, and shall serve as a request for Discovery Materials that would be responsive under any
of those readings.
2.
The use of a verb in any tense shall be construed as the use of the verb in all other
tenses.
3.
A Request for “All DOCUMENTS and COMMUNICATIONS” concerning a
subject is made with the understanding that the scope of YOUR review and production of
DOCUMENTS will be in accordance with FRCP Rule 45.
4.
In responding to these requests, YOU shall produce all responsive DOCUMENTS
(including those stored electronically), which are in YOUR possession, custody, or control, or in
the possession, custody, or control of YOUR predecessors, successors, parents, subsidiaries,
divisions or affiliates, or any of YOUR respective directors, officers, managing agents, agents,
employees, attorneys, accountants, or other representatives. A DOCUMENT shall be deemed to
be within YOUR control if YOU have the right to secure the DOCUMENT or a copy of the
DOCUMENT from another person having possession or custody of the DOCUMENT.
5.
Pursuant to the Federal Rules of Civil Procedure, YOU are to produce for
inspection and copying original DOCUMENTS, as they are kept in the ordinary course of business
or organized and labeled to correspond to the requests in this demand, and all electronically
maintained DOCUMENTS shall be produced in the way such DOCUMENTS are stored and
retrieved, and produced in their native format. If the original is not in YOUR custody, then YOU
shall produce a copy thereof, and all non-identical copies which differ from the original or from
the other copies produced for any reason, including, without limitation, the making of notes
thereon.
6.
If any objection is made to any of these DOCUMENT Requests, the response shall
Exhibit 3
033
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state with specificity the grounds for the objection, whether any DOCUMENT or
COMMUNICATION is being withheld from inspection and production based on such objection,
or whether inspection or production of the responsive items will occur notwithstanding such
objection.
7.
If production of DOCUMENTS is withheld on the ground of privilege, as to each
such withheld DOCUMENT state the following information:
(a)
Which privilege is claimed;
(b)
Who is asserting the privilege;
(c)
A precise statement of the facts upon which said claim of privilege is based;
(d)
The following information describing each purportedly privileged
DOCUMENT:
(i)
A brief description sufficient to identify its nature, i.e., agreement,
letter, memorandum, type, etc.;
(ii)
A brief description sufficient to identify its subject matter and
purpose of the DOCUMENT;
(iii)
The date it was prepared;
(iv)
The date it bears;
(v)
The date it was sent;
(vi)
The date it was received;
(vii)
The identity of the person preparing it;
(viii)
The identity of the person sending it;
(ix)
The identity of each person to whom it was sent or was to have been
sent, including all addresses and all recipients of copies;
(x)
A statement as to whom each identified person represented or
purported to represent at all relevant times; and
(xi)
All persons to whom its contents have been disclosed; and
(e)
A precise description of the place where each copy of that DOCUMENT is
kept, including the title or description of the file in which said DOCUMENT may be found and
the location of such file.
8.
If a portion of any DOCUMENT responsive to these requests is withheld under
Exhibit 3
034
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claim of privilege pursuant to Instruction No. 7 above, any non-privileged portion of such
DOCUMENT must be produced with the portion claimed to be privileged redacted.
9.
YOU are to produce each DOCUMENT requested herein in its entirety, without
deletion or excision (except as qualified by Instruction Nos.7 and 8 above), regardless of whether
YOU consider the entire DOCUMENT to be relevant or responsive to the requests.
10.
Whenever a DOCUMENT is not produced in full or is produced in redacted form,
so indicate on the DOCUMENT and state with particularity the reason or reasons that it is not
being produced in full in accordance with Instruction Nos. 7 and 8 above.
11.
If a DOCUMENT responsive to these requests was at any time in YOUR
possession, custody, or control, but is no longer available for production, as to each such
DOCUMENT state the following information:
(a)
Whether the DOCUMENT is missing or lost;
(b)
Whether it has been destroyed;
(c)
Whether and to whom the DOCUMENT has been transferred or delivered
and, if so, at whose request;
(d)
Whether the DOCUMENT has been otherwise disposed of; and
(e)
A precise statement of the circumstances surrounding the disposition of the
DOCUMENT and the date of its disposition.
12.
If there are no Discovery Materials responsive to any DOCUMENT Request or
subpart thereof, YOU shall state so in writing.
III. FORM OF PRODUCTION
1.
Scanned DOCUMENTS should be provided as single-page tiff images with an .opt
image cross-reference file and a delimited database load file. The database load file should contain
the following fields: “BEGNO,” “ENDNO,” “PAGES,” “VOLUME,” and “CUSTODIAN.” The
DOCUMENTS should be logically unitized (i.e., contain correct DOCUMENT breaks: for
instance, a five-page fax consisting of a cover page and a four-page memo should be unitized as a
five-page DOCUMENT). Multi-page OCR text for each DOCUMENT should also be provided.
Exhibit 3
035
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2.
Electronically stored information (“ESI”) should be produced as single-page tiff
images except for Microsoft Excel spreadsheets, audio, and database-type files, including, but not
limited to, Microsoft Access – which shall be produced in native format. Each native file should
be named according to the Bates number it has been assigned, and should be linked directly to its
corresponding record in the load file using the NATIVELINK field. To the extent that either party
believes native files should be produced for a specific DOCUMENT or class of DOCUMENTS
not required to be produced in native format pursuant to this paragraph, the parties agree to meet
and confer on the issue in good faith. Additionally, all ESI should be produced with a delimited,
Unicode database load file that contains the metadata fields listed in Table 1, attached hereto. An
.opt image cross-reference file should also be provided for all tiff images.
IV. RELEVANT TIME PERIOD
All requests herein refer to the time period from January 1, 2020 to December 31, 2022
(the “RELEVANT TIME PERIOD”) and shall include all information and DOCUMENTS that
relate to the Relevant Time Period, even if prepared or published outside of the Relevant Time
Period.
V. REQUESTS FOR PRODUCTION
REQUEST NO. 1:
All contracts and agreements, including drafts of such agreements, for services between
YOU and DEFENDANT RELATING TO EDD DEBIT CARDHOLDERS, EDD DEBIT CARD
ACCOUNTS, EDD BENEFITS, and CLAIMS.
REQUEST NO. 2:
All COMMUNICATIONS RELATING TO the PRELIMINARY INJUNCTION and the
implementation of and compliance with such PRELIMINARY INJUNCTION.
Exhibit 3
036
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REQUEST NO. 3:
DOCUMENTS and COMMUNICATIONS sufficient to show all of YOUR policies and
procedures for recruiting, hiring, onboarding, training, disciplining, and terminating YOUR
CALL CENTER EMPLOYEES for Bank of America in effect at any time during the
RELEVANT TIME PERIOD.
REQUEST NO. 4:
All DOCUMENTS and COMMUNICATIONS RELATING TO any decisions, policies,
instructions, or procedures regarding the alteration, suspension or elimination of any
requirements related to the education, experience, background checks or training requirements
for YOUR CALL CENTER EMPLOYEES at any time during the RELEVANT TIME PERIOD.
REQUEST NO. 5:
DOCUMENTS and COMMUNICATIONS sufficient to show all training materials,
scripts, directives, and other instructions provided to YOUR CALL CENTER EMPLOYEES.
REQUEST NO. 6:
All COMMUNICATIONS (including all tracking forms related to such
COMMUNICATIONS) between YOU, YOUR CALL CENTER EMPLOYEES or the
DEFENDANT, on one hand, and any NAMED CLASS REPRESENTATIVE, on the other hand.
REQUEST NO. 7:
Reports and summaries sufficient to show the total number of and average hours worked
by YOUR CALL CENTER EMPLOYEES RELATING TO EDD CARDHOLDERS on a weekly
basis.
REQUEST NO. 8:
Reports and summaries sufficient to show the average tenure of CSRs staffing the CALL
CENTERS RELATING TO EDD CARDHOLDERS.
REQUEST NO. 9:
DOCUMENTS sufficient to show the security measures taken by YOU to prevent theft
of CARDHOLDERS’ PERSONAL CONFIDENTIAL INFORMATION by YOUR
EMPLOYEES.
REQUEST NO. 10:
All DOCUMENTS and COMMUNICATIONS related to unauthorized or improper use
of CARDHOLDER’S PERSONAL CONFIDENTIAL INFORMATION by:
a) YOUR EMPLOYEES or
b) Third parties.
Exhibit 3
037
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REQUEST NO. 11:
DOCUMENTS sufficient to show YOUR use of codes, including the code “199,”
RELATING TO the EDD DEBIT CARDS AND EDD DEBIT CARD ACCOUNTS.
REQUEST NO. 12:
DOCUMENTS sufficient to show the average wait times experienced, on a weekly basis
by EDD DEBIT CARDHOLDERS.
REQUEST NO. 13:
DOCUMENTS sufficient to show on a weekly basis the number of EDD DEBIT
CARDHOLDERS who called YOUR CALL CENTER but failed to successfully
communicate with YOUR CSRs, including but not limited to calls that were dropped or
otherwise terminated based on the volume of calls, excessive wait times, or, the caller hanging
up.
REQUEST NO. 14:
DOCUMENTS sufficient to show the volume of resolutions of EDD DEBIT
CARDHOLDER CLAIMS and CLAIM INVESTIGATIONS, on a weekly basis, including the
percentage of denied CLAIMS and percentage of CARDHOLDERS COMMUNICATING they
were satisfied with the resolution and service provided by YOUR EMPLOYEES.
REQUEST NO. 15:
All DOCUMENTS RELATING TO COMMUNICATIONS between YOUR CALL
CENTERS and EDD DEBIT CARDHOLDERS RELATING TO:
a) suicide and depression,
b) threats of other self-harm or violence, and
c) the inability to pay for food, shelter, clothing, medication, or other necessities;
including YOUR decisions, policies, procedures, and instructions RELATING TO those
COMMUNICATIONS.
REQUEST NO. 16:
All DOCUMENTS and COMMUNICATIONS concerning concerns, complaints,
criticisms, and suggestions for improvement from YOUR EMPLOYEES concerning:
a) training RELATING TO CLAIMS, CLAIMS INVESTIGATION and EDD
DEBIT CARD ACCOUNTS,
b) the CLAIMS FRAUD FILTER,
c) FREEZING or BLOCKING of EDD DEBIT CARD ACCOUNTs, and
d) the closing or denying of CLAIMs submitted by EDD DEBIT
CARDHOLDERs.
Exhibit 3
038
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This Request includes all COMMUNICATIONS made by YOUR EMPLOYEES to internal and
external ethics hot lines (including audio recordings).
REQUEST NO. 17:
All DOCUMENTS and COMMUNICATIONS concerning YOUR responses to
concerns, complaints, criticism, and suggestions for improvement received from YOUR
EMPLOYEES and CSRs RELATING to EDD CARDHOLDER CLAIMS.
REQUEST NO. 18:
All DOCUMENTS and COMMUNICATIONS related to concerns, complaints,
criticisms, and suggestions for improvement from YOUR EXECUTIVE OFFICERS RELATING
TO:
a) EDD DEBIT CARDHOLDERS,
b) EDD DEBIT CARD ACCOUNTS,
c) EDD BENEFITS,
d) CLAIMS INVESTIGATIONS,
e) FREEZING AND BLOCKING OF EDD DEBIT CARD ACCOUNTS, and
f) the closing or denying of CLAIMS submitted by EDD DEBIT
CARDHOLDERS.
REQUEST NO. 19:
All DOCUMENTS and COMMUNICATIONS concerning concerns, complaints,
criticisms, and suggestions for improvement from DEFENDANT regarding YOUR performance
of contracts or agreements for DEFENDANT, including YOUR response to same.
REQUEST NO. 20:
DOCUMENTS sufficient to show YOUR EMPLOYEES who were responsible for
supervising, interacting and otherwise COMMUNICATING with DEFENDANT.
REQUEST NO. 21:
DOCUMENTS sufficient to show DEFENDANT’s key supervisors and decision makers
responsible for handling tasks related to YOUR contracts and agreements with DEFENDANT.
REQUEST NO. 22:
All DOCUMENTS and COMMUNICATIONS RELATING TO the CLAIMS FRAUD
FILTER.
REQUEST NO. 23:
All DOCUMENTS and COMMUNICATIONS containing the phrase “G Bam” or the
phrase “Systemic Denial.”
Exhibit 3
039
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TABLE 1: METADATA FIELDS
Field Name
Example I Format
Description
BEG NO
ABCOOOOOOl (Unique ID)
The Document ID number associated with
the first page of a document.
ENDNO
ABC0000003 (Unique ID)
The Document ID number associated with
the last page of a document.
BEGATIACH
ABCOOOOOOl (Unique ID Parent-Child Relationships)
The Document ID number associated with
the first page of the parent document
ENDATIACH
ABC0000008 (Unique ID Parent-Child Relationships)
The Document associated with the last
page of the last attachment.
PAGES
3 (Numeric)
The number of pages for a document.
VOLUME
VOLOOl
The name of CD, DVD or Hard Drive
(vendor assigns).
RECORDTYPE
Options: e-mail, attachment, hard copy, loose e-file
The record type of a document
DESIGNATION
Confidential, Highly Confidential, etc.
If the document is only provided in native,
this field would be populated with the
designation the native file should have if
printed.
SENTDATE
MM/DD/YYYY HH:MM
The date & time the email was sent.
CREATEDATE
MM/DD/YYYY HH:MM
The date & time the email was created.
LASTMODDATE
MM/DD/YYYY HH:MM
The date & time the email was modified.
RECEIVED DATE
MM/DD/YYYY HH:MM
The date & time the email was received.
TIMEZONE
PST, CST, EST, etc.
The time zone the document was
PROCESSED
processed in. Note: This should be the
time zone where the documents were
located at time of collection.
FILE PATH
i.e. Joe Smith/E-mail/lnbox
Location of the original document. The
Joe Smith/E-mail/Deleted Items
source should be the start of the full path.
Joe Smith/Loose Files/Accounting/ ...
Joe Smith/Loose Files/Documents and Settings/ ...
AUTHOR
jsmith
The author of a document from entered
metadata.
FROM
Joe Smith <jsmith@email.com>
The display name and e-mail of the author
of an e-mail. If only e-mail is given, then
just list the e-mail address. An e-mail
address should always be provided for
every document.
TO
Joe Smith <jsmith@email.com>; tjones@email.com
The display name and e-mail of the
recipient(s) of an e-mail. If only e-mail is
given, then just list the e-mail address. An
e-mail address should always be provided
for every document.
cc
Joe Smith <jsmith@email.com>; tjones@email.com
The display name and e-mail of the
copyee(s) of an e-mail. If only e-mail is
given, then just list the e-mail address. An
e-mail address should always be provided
for every document.
Exhibit 3
040
Case 3:21-md-02992-GPC-MSB Document 220-2 Filed 02/14/24 PageID.2324 Page
44 of 55
BCC
Joe Smith <jsmith@email.com>; tjones@email.com
The display name and e-mail of the blind
copyee(s) of an e-mail. If only email is
given, then just list the e-mail address. An
e-mail address should always be provided
for every document.
SUBJECT
The subject line of the e-mail.
DOCTITLE
The extracted document title of a
document.
CUSTODIAN
The custodian/source of a document.
Note: If the documents are de-duped on
a global level, this field should contain the
name of each custodian from which the
document originated.
ATIACH COUNT
Numeric
Number of attachments to a document.
FILE EXT
XLS
The file extension of a document.
FILENAME
Document Name.xis
The file name of a document.
FILESIZE
Numeric
The file size of a document (including
embedded attachments).
MOS HASH
The MOS Hash value or "de-duplication
key" assigned to a document.
CONVERSATION
ID used to file together e-mail threads.
INDEX
NATIVELINK
D:\NATIVES\ABCOOOOOl.xls
The full path to a native copy of a
document.
FULL TEXT
D:\ TEXT\ABCOOOOOl.txt
The path to the full extracted text of the
document. There should be a folder on
the deliverable, containing a separate text
file per document. These text files should
be named with their corresponding bates
numbers. Note: E-mails should include
header information: author, recipient, cc,
bee, date, subject, etc. If the attachment
ore-file does not extract any text, then
OCR for the document should be
provided.
Exhibit 3
041
Case 3:21-md-02992-GPC-MSB Document 220-2 Filed 02/14/24 PageID.2325 Page
45 of 55
EXHIBIT 4
EXHIBIT 4
Exhibit 4
042
Case 3:21-md-02992-GPC-MSB Document 220-2 Filed 02/14/24 PageID.2326 Page
46 of 55
1
Aaron Arnzen
From:
Frank Bottini
Sent:
Tuesday, January 16, 2024 9:17 AM
To:
Wetherell, Jasmine (Perkins Coie)
Cc:
Anne Beste; Rooney, Arthur (Perkins Coie); Aaron Arnzen
Subject:
RE: In re Bank of America California Unemployment Benefits Litigation; Case No. 3:21-md-2992-LAB-
MSB
Hi Jasmine and Arthur. Is there any update and/or timeline as to when we can expect a production of documents from
your client? If we don’t hear from you by tomorrow we will assume we need to take this up with our magistrate
judge. Thanks.
Frank A. Bottini, Esq.
fbottini@bottinilaw.com
BOTTINI & BOTTINI, INC.
7817 Ivanhoe Avenue, Suite 102
La Jolla, CA 92037
Tel: 858.914.2001
Fax: 858.914-2002
www.bottinilaw.com
The information contained in this email may be confidential and/or legally privileged. It has been sent for the sole use of the intended recipient(s).
If the reader of this message is not an intended recipient, you are hereby notified that any unauthorized review, use, disclosure, dissemination,
distribution, or copying of this communication, or any of its contents, is strictly prohibited. If you have received this communication in error, please
contact the sender by reply email and destroy all copies of the original message.
From: Frank Bottini
Sent: Monday, January 8, 2024 1:02 PM
To: Wetherell, Jasmine (Perkins Coie) <JWetherell@perkinscoie.com>
Cc: Anne Beste <abeste@bottinilaw.com>; Rooney, Arthur (Perkins Coie) <ARooney@perkinscoie.com>
Subject: RE: In re Bank of America California Unemployment Benefits Litigation; Case No. 3:21‐md‐2992‐LAB‐MSB
Hello Jamine and Arthur. I am following up on our call about the subpoena. Are you available on Wednesday to discuss
the status of the subpoena?
Frank A. Bottini, Esq.
fbottini@bottinilaw.com
BOTTINI & BOTTINI, INC.
7817 Ivanhoe Avenue, Suite 102
La Jolla, CA 92037
Tel: 858.914.2001
Fax: 858.914-2002
www.bottinilaw.com
The information contained in this email may be confidential and/or legally privileged. It has been sent for the sole use of the intended recipient(s).
If the reader of this message is not an intended recipient, you are hereby notified that any unauthorized review, use, disclosure, dissemination,
distribution, or copying of this communication, or any of its contents, is strictly prohibited. If you have received this communication in error, please
contact the sender by reply email and destroy all copies of the original message.
Exhibit 4
043
Case 3:21-md-02992-GPC-MSB Document 220-2 Filed 02/14/24 PageID.2327 Page
47 of 55
2
From: Frank Bottini
Sent: Wednesday, November 29, 2023 11:59 AM
To: 'Wetherell, Jasmine (Perkins Coie)' <JWetherell@perkinscoie.com>
Cc: Anne Beste <abeste@bottinilaw.com>; Rooney, Arthur (Perkins Coie) <ARooney@perkinscoie.com>
Subject: RE: In re Bank of America California Unemployment Benefits Litigation; Case No. 3:21‐md‐2992‐LAB‐MSB
Hello Jasmine and Arthur. Thank you again for taking the time to speak with me today about the subpoena to
TTEC. Attached are the documents I promised to send.
Frank A. Bottini, Esq.
fbottini@bottinilaw.com
BOTTINI & BOTTINI, INC.
7817 Ivanhoe Avenue, Suite 102
La Jolla, CA 92037
Tel: 858.914.2001
Fax: 858.914-2002
www.bottinilaw.com
The information contained in this email may be confidential and/or legally privileged. It has been sent for the sole use of the intended recipient(s).
If the reader of this message is not an intended recipient, you are hereby notified that any unauthorized review, use, disclosure, dissemination,
distribution, or copying of this communication, or any of its contents, is strictly prohibited. If you have received this communication in error, please
contact the sender by reply email and destroy all copies of the original message.
From: Wetherell, Jasmine (Perkins Coie) <JWetherell@perkinscoie.com>
Sent: Wednesday, November 22, 2023 4:00 PM
To: Frank Bottini <fbottini@bottinilaw.com>
Cc: Anne Beste <abeste@bottinilaw.com>; Rooney, Arthur (Perkins Coie) <ARooney@perkinscoie.com>
Subject: RE: In re Bank of America California Unemployment Benefits Litigation; Case No. 3:21‐md‐2992‐LAB‐MSB
Counsel:
Please see the attached correspondence regarding the subpoena to TTEC Government Solutions, LLC.
Thank you,
Jasmine
Jasmine W. Wetherell | Perkins Coie LLP
COUNSEL
1888 Century Park East Suite 1700
Los Angeles, CA 90067-1721
D. +1.310.788.3294
F. +1.310.843.1269
E. JWetherell@perkinscoie.com
From: Wetherell, Jasmine (LOS)
Sent: Wednesday, November 22, 2023 9:58 AM
To: Frank Bottini <fbottini@bottinilaw.com>; Rooney, Arthur (CHI) <ARooney@perkinscoie.com>
Cc: Anne Beste <abeste@bottinilaw.com>
Subject: RE: In re Bank of America California Unemployment Benefits Litigation; Case No. 3:21‐md‐2992‐LAB‐MSB
Hi Frank,
Let’s aim for 11 am PST on 11/29. I can circulate a meeting invite for us.
Exhibit 4
044
Case 3:21-md-02992-GPC-MSB Document 220-2 Filed 02/14/24 PageID.2328 Page
48 of 55
3
Thanks,
Jasmine
Jasmine W. Wetherell | Perkins Coie LLP
COUNSEL
1888 Century Park East Suite 1700
Los Angeles, CA 90067-1721
D. +1.310.788.3294
F. +1.310.843.1269
E. JWetherell@perkinscoie.com
From: Frank Bottini <fbottini@bottinilaw.com>
Sent: Wednesday, November 22, 2023 9:42 AM
To: Rooney, Arthur (CHI) <ARooney@perkinscoie.com>
Cc: Anne Beste <abeste@bottinilaw.com>; Wetherell, Jasmine (LOS) <JWetherell@perkinscoie.com>
Subject: RE: In re Bank of America California Unemployment Benefits Litigation; Case No. 3:21‐md‐2992‐LAB‐MSB
Yes. How about 11:00 a.m. PST or 2:00 p.m. PST next Wed?
From: Rooney, Arthur (Perkins Coie) <ARooney@perkinscoie.com>
Sent: Wednesday, November 22, 2023 7:03 AM
To: Frank Bottini <fbottini@bottinilaw.com>
Cc: Anne Beste <abeste@bottinilaw.com>; Wetherell, Jasmine (Perkins Coie) <JWetherell@perkinscoie.com>
Subject: RE: In re Bank of America California Unemployment Benefits Litigation; Case No. 3:21‐md‐2992‐LAB‐MSB
Hi Mr. Bottini,
I’m copying Jasmine, who is also helping on this matter.
Do you have any availability on Wednesday? My Monday and Tuesday are really bad…
Arthur
Arthur Rooney | Perkins Coie LLP
PARTNER
110 North Wacker, Suite 3400
Chicago, IL 60606-1511
D. +1.312.263.5071
F. +1.312.324.9516
E. ARooney@perkinscoie.com
From: Frank Bottini <fbottini@bottinilaw.com>
Sent: Tuesday, November 21, 2023 1:55 PM
To: Rooney, Arthur (CHI) <ARooney@perkinscoie.com>
Cc: Anne Beste <abeste@bottinilaw.com>
Subject: FW: In re Bank of America California Unemployment Benefits Litigation; Case No. 3:21‐md‐2992‐LAB‐MSB
Hello Mr. Rooney. I wanted to touch base on the subpoena. Can we have a call next Monday or Tuesday to discuss? Let
us know if there are some good times to speak. Many thanks.
Frank A. Bottini, Esq.
fbottini@bottinilaw.com
BOTTINI & BOTTINI, INC.
7817 Ivanhoe Avenue, Suite 102
La Jolla, CA 92037
Tel: 858.914.2001
Fax: 858.914-2002
Exhibit 4
045
Case 3:21-md-02992-GPC-MSB Document 220-2 Filed 02/14/24 PageID.2329 Page
49 of 55
4
www.bottinilaw.com
The information contained in this email may be confidential and/or legally privileged. It has been sent for the sole use of the intended recipient(s).
If the reader of this message is not an intended recipient, you are hereby notified that any unauthorized review, use, disclosure, dissemination,
distribution, or copying of this communication, or any of its contents, is strictly prohibited. If you have received this communication in error, please
contact the sender by reply email and destroy all copies of the original message.
From: Stephanie Ammirati <sammirati@bottinilaw.com>
Sent: Thursday, November 9, 2023 10:21 AM
To: ARooney@perkinscoie.com
Cc: Frank Bottini <fbottini@bottinilaw.com>
Subject: In re Bank of America California Unemployment Benefits Litigation; Case No. 3:21‐md‐2992‐LAB‐MSB
Dear Counsel: Attached please find a copy of Plaintiffs’ Subpoena to TTEC Government Solutions,
LLC regarding the above‐entitled matter.
Best Regards,
Stephanie M. Ammirati
sammirati@bottinilaw.com
BOTTINI & BOTTINI, INC.
7817 Ivanhoe Avenue, Suite 102 • La Jolla, CA 92037
Tel: 858.926-2609
Fax: 858.914-2002
www.bottinilaw.com
The information contained in this email may be confidential and/or legally privileged. It has been sent for the sole use of the intended recipient(s).
If the reader of this message is not an intended recipient, you are hereby notified that any unauthorized review, use, disclosure, dissemination,
distribution, or copying of this communication, or any of its contents, is strictly prohibited. If you have received this communication in error, please
contact the sender by reply email and destroy all copies of the original message.
NOTICE: This communication may contain privileged or other confidential information. If you have received it in error, please advise the sender by reply email and
immediately delete the message and any attachments without copying or disclosing the contents. Thank you.
NOTICE: This communication may contain privileged or other confidential information. If you have received it in error, please advise the sender by reply email and
immediately delete the message and any attachments without copying or disclosing the contents. Thank you.
Exhibit 4
046
Case 3:21-md-02992-GPC-MSB Document 220-2 Filed 02/14/24 PageID.2330 Page
50 of 55
EXHIBIT 5
EXHIBIT 5
Exhibit 5
047
Case 3:21-md-02992-GPC-MSB Document 220-2 Filed 02/14/24 PageID.2331 Page
51 of 55
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
JENNIFER YICK, et al.,
Plaintiffs,
v.
BANK OF AMERICA, N.A.,
Defendant.
Case No. 21-cv-00376-VC
ORDER RE PRELIMINARY
INJUNCTION
Re: Dkt. No. 64
Because of the time-sensitivity involved, this ruling assumes that the reader is familiar
with the applicable legal standards, the parties’ arguments, the evidence in the record, and the
discussion that took place at the preliminary injunction hearing on May 13, 2021.
1. The plaintiffs have demonstrated a strong likelihood of success on their claims that
Bank of America (BofA) has violated, and continues to violate, the Electronic Fund Transfers
Act by failing to conduct an adequate, good faith investigation when cardholders report
unauthorized charges, and often simply freezing cardholder accounts based on a faulty screening
process. 15 U.S.C. § 1693f. This has resulted (and will likely continue to result) in the improper
denial of cardholders’ reimbursement claims for unauthorized charges, the unlawful deprivation
of provisional credits for such charges, and the inability to access benefits to which cardholders
are entitled. For similar reasons, the plaintiffs have demonstrated a strong likelihood of success
on their claims that BofA is systematically breaching its contracts with cardholders and violating
California’s Unfair Competition Law.
2. Provisional certification of a class of all cardholders who call to report unauthorized
charges to their accounts is warranted for purposes of a preliminary injunction. See, e.g., Zepeda
Case 3:21-cv-00376-VC Document 89 Filed 05/17/21 Page 1 of 4
Exhibit 5
048
Case 3:21-md-02992-GPC-MSB Document 220-2 Filed 02/14/24 PageID.2332 Page
52 of 55
2
Rivas v. Jennings, 445 F. Supp. 3d 36, 39 (N.D. Cal. 2020); Saravia v. Sessions, 280 F. Supp. 3d
1168, 1201-05 (N.D. Cal. 2017), affirmed as Saravia for A.H. v. Sessions, 905 F.3d 1137 (9th
Cir. 2018).
3. BofA is wrong to argue that the named plaintiffs or the class are categorically barred
from obtaining interim relief. There is Article III standing because many of the named plaintiffs
were being injured by the conduct described in Section 1 at the time they filed their lawsuits, and
some of the named plaintiffs continue to suffer injury today. Buckeye Tree Lodge v. Expedia,
Inc., 2020 WL 5372246, at *2 (N.D. Cal. Sept. 9, 2020); see Friends of the Earth, Inc. v.
Laidlaw Environmental Services (TOC), Inc., 528 U.S. 167, 184 (2000). And the evidence
presented by BofA in response to this preliminary injunction motion does not refute the
plaintiffs’ strong showing that class members are likely to suffer similar violations in the future.
4. The harm being suffered by the class members is irreparable. The class is comprised of
people who depend on unemployment benefits to get through the pandemic. As the plaintiffs’
evidence shows, continued denial of these benefits will seriously hinder the ability of many class
members to feed their families and keep a roof over their heads. Thus, although the general rule
is that financial harm is not “irreparable” (because plaintiffs can generally recoup the money if
they ultimately prevail), this is precisely the type of case where the exception to the general rule
applies. Just as companies can establish irreparable harm by showing that losing money will
likely cause them to shut down, human beings can establish irreparable harm by showing that
losing wages or benefits will likely cause them to be evicted, go hungry, or be denied necessary
medical care. Cf. Carrillo v. Schneider Logistics, Inc., 823 F. Supp. 2d 1040, 1045 (C.D. Cal.
2011) (“Because plaintiffs are low-wage workers, and lost wages or delays in compensation
threaten or impair their ability to meet basic needs, such harms are irreparable.”); see also United
Steelworkers of America, AFL-CIO v. Fort Pitt Steel Casting, Division of Conval-Penn, Division
of Conval Corp., 598 F.2d 1273, 1280 (3d Cir. 1979).1
1 In some cases involving wages or benefits, courts have intoned the general rule about financial
injury without acknowledging the exception, perhaps because the exception did not apply on
Case 3:21-cv-00376-VC Document 89 Filed 05/17/21 Page 2 of 4
Exhibit 5
049
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53 of 55
3
5. The balance of hardships and the public interest almost certainly support some form of
preliminary injunctive relief. See, e.g., Golden Gate Restaurant Association v. City & County of
San Francisco, 512 F.3d 1112, 1126 (9th Cir. 2008) (“‘Faced with . . . a conflict between
financial concerns and preventable human suffering, we have little difficulty concluding that the
balance of hardships tips decidedly’ in favor of the latter.” (quoting Lopez v. Heckler, 713 F.2d
1432, 1437 (9th Cir. 1983))). But it ultimately depends on the nature of the relief sought. At the
hearing, the Court suggested that the parties participate in a settlement conference with a
Magistrate Judge to carefully review and discuss the plaintiffs’ proposed preliminary injunction
to ensure that it does not interfere with BofA’s operations more than is necessary to sufficiently
minimize the risk of innocent cardholders being improperly deprived of their benefits, and also
to carefully review and discuss the proposed injunction to ensure that it does not unduly hinder
BofA from freezing the accounts of people who are likely to have obtained their cards through
fraud. Both sides accepted this invitation. Accordingly, the case is referred to Judge Sallie Kim
for a settlement conference to take place on May 26 and May 27, 2021. The parties are ordered
to work as much as possible before the conference, including with one another, to maximize the
chances of coming out of the conference with a joint proposal. A joint proposal or competing
proposals should be filed with the Court no later than May 28. As stated at the hearing, BofA’s
participation in this conference, which is designed primarily to ensure that any relief ordered is
not overbroad, does not constitute a waiver of its right to challenge the validity any preliminary
injunction that is ultimately issued.
those facts. See, e.g., Hale v. Wood, 89 F.3d 840 (8th Cir. 1996) (“Hale failed to establish a
threat of irreparable harm because the injuries he alleged as the basis for his claim for relief—
wrongfully withheld wages, statutorily inadequate wages, and termination of his work
assignment—were compensable through his section 1983 claim for money damages.”); Johnson
v. City of San Francisco, 2010 WL 3078635, at *3 (N.D. Cal. Aug. 5, 2010) (“Lost wages alone
do not constitute a claim for irreparable harm as money damages would be sufficient to remedy
the wrong should one ultimately be found to have been committed.”); see also Ahuruonye v. U.S.
Department of Interior, 312 F. Supp. 3d 1, 23-24 (D.D.C. 2018). But those cases should not be
read to suggest that the loss of wages or benefits can never constitute irreparable harm. When a
case involves the deprivation of wages or benefits to low-income people living hand to mouth, a
preliminary injunction may well be warranted (depending, of course, upon the strength of the
plaintiffs’ claims on the merits and other factors).
Case 3:21-cv-00376-VC Document 89 Filed 05/17/21 Page 3 of 4
Exhibit 5
050
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54 of 55
4
IT IS SO ORDERED.
Dated: May 17, 2021
______________________________________
VINCE CHHABRIA
United States District Judge
Case 3:21-cv-00376-VC Document 89 Filed 05/17/21 Page 4 of 4
Exhibit 5
051
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