ORDER Denying as Moot Discovery Motions re Individual Plaintiffs' Deposition (ECF… — Bofa Ca Unemployment (Dkt. 339)

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An order dated September 18, 2024 and filed as Document 339 in In re Bank of America California Unemployment Benefits Litigation, Case 3:21-md-02992-GPC-MSB, in the U.S. District Court for the Southern District of California. At an Informal Discovery Conference on August 20, 2024, the court had issued a tentative order letting Bank of America, N.A. proceed with ten in-person depositions of Individual Plaintiffs, and the parties then briefed the issue. On September 17, 2024, District Judge Gonzalo P. Curiel granted in part the Individual Plaintiffs' motion to stay their proceedings until a ruling on class certification. The order therefore denies as moot the bank's memorandum supporting the tentative order and the plaintiffs' motion for a protective order. It vacates the tentative order and stays all previously noticed depositions of Individual Plaintiffs.

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UNITED STATES DISTRICT COURT 
SOUTHERN DISTRICT OF CALIFORNIA 
 
IN RE: BANK OF AMERICA CALIFORNIA 
UNEMPLOYMENT BENEFITS LITIGATION 
 
Case No.:  21md2992-GPC (MSB) 
 
ORDER DENYING AS MOOT DISCOVERY 
MOTIONS RE: INDIVIDUAL PLAINTIFFS’ 
DEPOSITIONS 
 
[ECF NOS. 326 & 327] 
 
 
On August 20, 2024, the Court held an Informal Discovery Conference (“IDC”) to 
address a discovery dispute regarding the method of conducting depositions of 
Individual Plaintiffs.  (ECF No. 318.)  At the IDC, the Court issued a tentative order 
permitting Defendant Bank of America, N.A. (“Defendant”) to proceed with ten in-
person depositions of Individual Plaintiffs, pending Judge Curiel’s ruling on Individual 
Plaintiffs’ expedited motion to stay [ECF No. 311].  Counsel for Plaintiffs and the 
Proposed Class requested formal briefing on the issue, which the Court granted.  (ECF 
No. 319.)  Both parties timely filed opening briefs on September 3, 2024, and responsive 
briefs on September 6, 2024.  (ECF Nos. 326–327, 329–330.)   
 
Subsequently, on September 17, 2024, the Honorable District Judge Gonzalo P. 
Curiel issued an Order granting in part Individual Plaintiffs’ motion to stay their 
proceedings until a ruling on Plaintiffs’ class certification motion.  (ECF No. 338.)  Judge 
Case 3:21-md-02992-GPC-MSB     Document 339     Filed 09/18/24     PageID.7929     Page 1
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Curiel’s Order instructs the parties to file a joint or ex parte motion to lift or continue 
the stay within ten days of the filing of the Court’s order on class certification.  (Id. at 
14.)  Considering Judge Curiel’s ruling and the stay of Individual Plaintiffs’ cases, the 
Court DENIES as moot Defendant’s “Memorandum of Points and Authorities in Support 
of August 20, 2024 Tentative Order” [ECF No. 326] and Plaintiffs’ “Motion for Protective 
Order Re: 128 Depositions” [ECF No. 327].  The Court’s tentative order from the August 
20, 2024, IDC is VACATED, and all previously noticed depositions of Individual Plaintiffs 
are STAYED.   
 
IT IS SO ORDERED. 
Dated:  September 18, 2024 
 
 
Case 3:21-md-02992-GPC-MSB     Document 339     Filed 09/18/24     PageID.7930     Page 2
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