Declaration of Connie K. Chan (Corrected) — In re Bank of America California Unemployment Benefits Litigation (Dkt. 336-2, S.D. Cal. No. 3:21-md-02992)

Record facts

U.S. District Court for the Southern District of California · No. 3:21-md-02992-GPC-MSB · Doc. 336-2 · 2024-09-13 · Docket on CourtListener

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[CORRECTED] DECL. OF CONNIE K. CHAN IN SUPPORT OF PLAINTIFFS’ 
MOTION FOR CLASS CERTIFICATION 
Case No.: 3:21-md-02992-GPC-MSB
 
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JOSEPH W. COTCHETT (SBN 36324) 
jcotchett@cpmlegal.com 
BRIAN DANITZ (SBN 247403) 
bdanitz@cpmlegal.com 
KARIN B. SWOPE (Pro Hac Vice) 
kswope@cpmlegal.com 
BLAIR V. KITTLE (SBN 336367) 
bkittle@cpmlegal.com 
VASTI S. MONTIEL (SBN 346409) 
vmontiel@cpmlegal.com 
COTCHETT, PITRE & McCARTHY, LLP 
840 Malcolm Road, Suite 200 
Burlingame, CA 94010 
Telephone: (650) 697-6000 
Fax: (650) 697-0577 
MICHAEL RUBIN (SBN 80618) 
mrubin@altber.com 
STACEY M. LEYTON (SBN 203827) 
sleyton@altber.com 
CONNIE K. CHAN (SBN 284230) 
cchan@altber.com 
KATHERINE G. BASS (SBN 344748) 
kbass@altber.com 
COLIN C. JONES (SBN 354301) 
cjones@altber.com 
ALTSHULER BERZON LLP 
177 Post Street, Suite 300 
San Francisco, CA 94108 
Telephone: (415) 421-7151 
Fax: (415) 362-8064 
Co-Lead Counsel for Plaintiffs and the Proposed Class  
 
 
UNITED STATES DISTRICT COURT 
SOUTHERN DISTRICT OF CALIFORNIA 
IN RE BANK OF AMERICA 
CALIFORNIA UNEMPLOYMENT 
BENEFITS LITIGATION 
Case No. 3:21-md-02992-GPC-MSB 
 
[CORRECTED] DECLARATION OF 
CONNIE K. CHAN IN SUPPORT OF 
PLAINTIFFS’ MOTION FOR CLASS 
CERTIFICATION 
 
Judge: Hon. Gonzalo P. Curiel 
Ctrm:  2D (2nd Floor) 
Date: 
January 17, 2025 
 
Time:    1:30pm 
This Document Relates to All Actions 
 
 
 
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[CORRECTED] DECL. OF CONNIE K. CHAN IN SUPPORT OF PLAINTIFFS’ 
MOTION FOR CLASS CERTIFICATION 
Case No.: 3:21-md-02992-GPC-MSB
 
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[CORRECTED] DECLARATION OF CONNIE K. CHAN 
I, Connie K. Chan, hereby declare as follows: 
1. 
I am a partner at the law firm of Altshuler Berzon LLP, co-lead counsel for 
Plaintiffs and the putative classes in this action. I submit this declaration in support of 
Plaintiffs’ Motion for Class Certification. I have personal knowledge of the facts set forth 
in this declaration and if called as a witness in this action, I could and would testify 
competently to these facts. 
2. 
Attached hereto as Exhibit 1 is a true and correct copy of the Expert Report 
of J. Daniel Kreis in Support of Plaintiffs’ Motion for Class Certification, and appendices 
thereto.  
3. 
Attached hereto as Exhibit 2 is a true and correct copy of the Expert Report 
of Jane Cloninger in Support of Plaintiffs’ Motion for Class Certification, and appendices 
thereto. 
4. 
Attached hereto as Exhibit 3 is a true and correct copy of the Expert Report 
of Jay Minnucci in Support of Plaintiffs’ Motion for Class Certification, and appendices 
thereto. 
5. 
Attached hereto as Exhibit 4 is a true and correct copy of the Expert Report 
of Greg J. Regan, CPA/CFF, CFE in Support of Plaintiffs’ Motion for Class Certification, 
and appendices thereto. 
6. 
Attached hereto as Exhibit 5 is a true and correct copy of the Declaration of 
proposed class representative Plaintiff Kuang Ting Chong (“Chong Dec.”). 
7. 
Attached hereto as Exhibit 6 is a true and correct copy of the Declaration of 
proposed class representative Plaintiff Candace Koole (“Koole Dec.”). 
8. 
Attached hereto as Exhibit 7 is a true and correct copy of the Declaration of 
proposed class representative Plaintiff Lindsey McClure (“McClure Dec.”). 
9. 
Attached hereto as Exhibit 8 is a true and correct copy of the Declaration of 
proposed class representative Plaintiff Azuri Moon (“Moon Dec.”) 
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[CORRECTED] DECL. OF CONNIE K. CHAN IN SUPPORT OF PLAINTIFFS’ 
MOTION FOR CLASS CERTIFICATION 
Case No.: 3:21-md-02992-GPC-MSB
 
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10. 
Attached hereto as Exhibit 9 is a true and correct copy of the Declaration of 
proposed class representative Plaintiff Stephanie Moore (“Moore Dec.”). 
11. 
Attached hereto as Exhibit 10 is a true and correct copy of the Declaration 
of proposed class representative Plaintiff Roland Oosthuizen (“Oosthuizen Dec.”). 
12. 
Attached hereto as Exhibit 11 is a true and correct copy of the Declaration 
of proposed class representative Plaintiff Vanessa Rivera (“Rivera Dec.”). 
13. 
Attached hereto as Exhibit 12 is a true and correct copy of the Declaration 
of proposed class representative Plaintiff J. Michael Willrich (“Willrich Dec.”). 
14. 
Attached hereto as Exhibit 13 is a true and correct copy of the Declaration 
of proposed class representative Plaintiff Alex Yuan (“Yuan Dec.”). 
15. 
Attached hereto as Exhibit 14 is a true and correct copy of excerpts from the 
transcript of Plaintiffs’ deposition of Defendant Bank of America, N.A.’s (“Defendant,” 
“BANA,” or the “Bank”) Rule 30(b)(6) designee, Shane Daniels, taken on February 6, 
2024 (“Daniels Rule 30(b)(6) Depo.”).  
16. 
Attached hereto as Exhibit 15 is a true and correct copy of excerpts from the 
transcript of Plaintiffs’ deposition of the Bank’s Rule 30(b)(6) designee, Robert Chestnut, 
taken on February 8, 2024 (“Chestnut Rule 30(b)(6) Depo.”). 
17. 
Attached hereto as Exhibit 16 is a true and correct copy of excerpts from the 
transcript of Plaintiffs’ deposition of the Bank’s Rule 30(b)(6) designee, William (“Matt”) 
Martin, taken on February 14, 2024 (“Martin Rule 30(b)(6) Depo.”). 
18. 
Attached hereto as Exhibit 17 is a true and correct copy of excerpts from the 
transcript of Plaintiffs’ deposition of the Bank’s Rule 30(b)(6) designee, Michael Letson, 
taken on February 16, 2024 (“Letson Rule 30(b)(6) Depo.”). 
19. 
Attached hereto as Exhibit 18 is a true and correct copy of excerpts from the 
transcript of Plaintiffs’ deposition of the Bank’s Rule 30(b)(6) designee, William Golden, 
taken on February 22, 2024 (“Golden Rule 30(b)(6) Depo.”).  
20. 
Attached hereto as Exhibit 19 is a true and correct copy of excerpts from the 
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[CORRECTED] DECL. OF CONNIE K. CHAN IN SUPPORT OF PLAINTIFFS’ 
MOTION FOR CLASS CERTIFICATION 
Case No.: 3:21-md-02992-GPC-MSB
 
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transcript of Plaintiffs’ deposition of the Bank’s Rule 30(b)(6) designee, Jennifer Lennon, 
taken on February 23, 2024 (“Lennon Rule 30(b)(6) Depo.”). 
21. 
Attached hereto as Exhibit 20 is a true and correct copy of excerpts from the 
transcript of Plaintiffs’ deposition of Renee Johnson, taken on May 7, 2024 (“Johnson 
Tr.”). 
22. 
Attached hereto as Exhibit 21 is a true and correct copy of Plaintiffs’ 
Revised Notice of Rule 30(b)(6) Deposition of Defendant Bank of America, which was 
marked Exhibit 1 to Plaintiffs’ Rule 30(b)(6) deposition of the Bank. 
23. 
Attached hereto as Exhibit 22 is a true and correct copy of excerpts of a 
document titled, “Response to State of California Electronic Benefits Payments RFP Vol 
I & II,” dated July 10, 2015, which was marked Exhibit 26 to the Chestnut 30(b)(6) 
Deposition. 
24. 
Attached hereto as Exhibit 23 is a true and correct copy of a Business Wire 
article titled, “Bank of America Begins Rollout of Chip Debit Cards,” dated September 
30, 2014, which was marked Exhibit 44 to the Martin 30(b)(6) Deposition. 
25. 
Attached hereto as Exhibit 24 is a true and correct copy of a document 
produced by the Bank in this action Bates-stamped BANA_EDD_MDL-00123235-36, 
which was marked Exhibit 49 to the Martin 30(b)(6) Deposition. 
26. 
Attached hereto as Exhibit 25 is a true and correct copy of a document 
produced by the Bank in this action Bates-stamped BANA_EDD_MDL-00167019–24. 
27. 
Attached hereto as Exhibit 26 is a true and correct copy of a document 
produced by the Bank in this action Bates-stamped BANA_EDD_MDL-00370150-55, 
which was marked Exhibit 46 to the Martin 30(b)(6) Deposition. 
28. 
Attached hereto as Exhibit 27 is a true and correct copy of a document 
produced by the Bank in this action Bates-stamped BANA_EDD_MDL-00351839-40, 
which was marked Exhibit 47 to the Martin 30(b)(6) Deposition. 
29. 
Attached hereto as Exhibit 28 is a true and correct copy of a document 
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[CORRECTED] DECL. OF CONNIE K. CHAN IN SUPPORT OF PLAINTIFFS’ 
MOTION FOR CLASS CERTIFICATION 
Case No.: 3:21-md-02992-GPC-MSB
 
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produced by the Bank in this action Bates-stamped BANA_EDD_MDL-00116001-02, 
which was marked Exhibit 39 to the Chestnut 30(b)(6) Deposition.  
30. 
Attached hereto as Exhibit 29 is a true and correct copy of a document 
produced by the Bank in this action Bates-stamped BANA_EDD_MDL-00124142, which 
was marked Exhibit 40 to the Chestnut 30(b)(6) Deposition.  
31. 
Attached hereto as Exhibit 30 is a true and correct copy of a document 
produced by the Bank in this action Bates-stamped BANA_EDD_MDL-00352396-97, 
which was marked Exhibit 51 to the Martin 30(b)(6) Deposition. 
32. 
Attached hereto as Exhibit 31 is a true and correct copy of a document 
produced by the Bank in this action Bates-stamped BANA_EDD_MDL-00059312-18, 
which was marked Exhibit 54 to the Martin 30(b)(6) Deposition. 
33. 
Attached hereto as Exhibit 32 is a true and correct copy of a document 
produced by the Bank in this action Bates-stamped BANA_EDD_MDL-00228914-15. 
34. 
Attached hereto as Exhibit 33 is a true and correct copy of a document 
produced by the Bank in this action Bates-stamped BANA_EDD_MDL-00455617-19. 
35. 
Attached hereto as Exhibit 34 is a true and correct copy of a document 
produced by the Bank in this action Bates-stamped BANA_EDD_MDL-00297295. 
36. 
Attached hereto as Exhibit 35 is a true and correct copy of a document 
produced by the Bank in this action Bates-stamped BANA_EDD_MDL-00001312-30, 
which was marked Exhibit 6 to the Daniels 30(b)(6) Deposition. 
37. 
Attached hereto as Exhibit 36 is a true and correct copy of a document 
produced by the Bank in this action Bates-stamped BANA_EDD_MDL-00004535-80, 
which was marked Exhibit 5 to the Daniels 30(b)(6) Deposition. 
38. 
Attached hereto as Exhibit 37 is a true and correct copy of a document 
produced by the Bank in this action Bates-stamped BANA_EDD_MDL-00290330-34, 
which was marked Exhibit 82 to the Letson 30(b)(6) Deposition. 
39. 
Attached hereto as Exhibit 38 is a true and correct copy of a document 
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[CORRECTED] DECL. OF CONNIE K. CHAN IN SUPPORT OF PLAINTIFFS’ 
MOTION FOR CLASS CERTIFICATION 
Case No.: 3:21-md-02992-GPC-MSB
 
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produced by the Bank in this action Bates-stamped BANA_EDD_MDL-00630836. 
40. 
Attached hereto as Exhibit 39 is a true and correct copy of a document 
produced by the Bank in this action Bates-stamped BANA_EDD_MDL-00371977, which 
was marked Exhibit 83 to the Letson 30(b)(6) Deposition. 
41. 
Attached hereto as Exhibit 40 is a true and correct copy of a document 
produced by the Bank in this action Bates-stamped BANA_EDD_MDL-00372012-13.  
42. 
Attached hereto as Exhibit 41 is a true and correct copy of a document 
produced by the Bank in this action Bates-stamped BANA_EDD_MDL-00 694889-90. 
43. 
Attached hereto as Exhibit 42 is a true and correct copy of a document 
produced by the Bank in this action Bates-stamped BANA_EDD_MDL-00087760-65, 
which was marked Exhibit 75 to the Letson 30(b)(6) Deposition. 
44. 
Attached hereto as Exhibit 43 is a true and correct copy of a document 
produced by the Bank in this action Bates-stamped BANA_EDD_MDL-00087749-51, 
which was marked Exhibit 74 to the Letson 30(b)(6) Deposition. 
45. 
Attached hereto as Exhibit 44 is a true and correct copy of a document 
produced by the Bank in this action Bates-stamped BANA_EDD_MDL-00450516-18, 
which was marked Exhibit 85 to the Letson 30(b)(6) Deposition. 
46. 
Attached hereto as Exhibit 45 is a true and correct copy of a document 
produced by the Bank in this action Bates-stamped BANA_EDD_MDL-00125863-64, 
which was marked Exhibit 86 to the Letson 30(b)(6) Deposition. 
47. 
Attached hereto as Exhibit 46 is a true and correct copy of a document 
produced by the Bank in this action Bates-stamped BANA_EDD_MDL-000497802-04.   
48. 
Attached hereto as Exhibit 47 is a true and correct copy of a document 
produced by the Bank in this action Bates-stamped BANA_EDD_MDL-00100634-79, 
which was marked Exhibit 17 to the Daniels 30(b)(6) Deposition.   
49. 
Attached hereto as Exhibit 48 is a true and correct copy of a document 
produced by the Bank in this action Bates-stamped BANA_EDD_MDL-00090695-98, 
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[CORRECTED] DECL. OF CONNIE K. CHAN IN SUPPORT OF PLAINTIFFS’ 
MOTION FOR CLASS CERTIFICATION 
Case No.: 3:21-md-02992-GPC-MSB
 
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which was marked Exhibit 55 to the Martin 30(b)(6) Deposition. 
50. 
Attached hereto as Exhibit 49 is a true and correct copy of excerpts of 
Defendant’s Responses and Objections to Plaintiffs’ Fourth Set of Interrogatories, served 
on Plaintiffs January 2, 2024, along with associated exhibits and verification, which were 
marked Exhibits 143, 143-09, 143-10, and 143-11 to the Lennon 30(b)(6) Deposition. 
51. 
Attached hereto as Exhibit 50 is a true and correct copy of a document 
produced by the Bank in this action Bates-stamped BANA_EDD_MDL-00090640-47, 
which was marked Exhibit 61 to the Martin 30(b)(6) Deposition. 
52. 
Attached hereto as Exhibit 51 is a true and correct copy of a document 
produced by the Bank in this action Bates-stamped BANA_EDD_MDL-00159125. 
53. 
Attached hereto as Exhibit 52 is a true and correct copy of a document 
produced by the Bank in this action Bates-stamped BANA_EDD_MDL-00012790, which 
was marked Exhibit 15 to the Daniels 30(b)(6) Deposition. 
54. 
Attached hereto as Exhibit 53 is a true and correct copy of documents 
produced and subsequently reproduced without a confidentiality designation by the Bank 
in this action Bates-stamped BANA_EDD_MDL-00411205, BANA_EDD_MDL-
00556094, BANA_EDD_MDL-00556122, BANA_EDD_MDL-00556152, 
BANA_EDD_MDL-00556324, BANA_EDD_MDL-00558991, BANA_EDD_MDL-
00558996, BANA_EDD_MDL-00559094, BANA_EDD_MDL-00559101, and 
documents produced by Plaintiffs Bates-stamped PLFF00000008, and 
Yuan_A_0000003-4, which were marked Exhibit 16 to the Daniels 30(b)(6) Deposition. 
55. 
Attached hereto as Exhibit 54 is a true and correct copy of a document 
produced by the Bank in this action Bates-stamped BANA_EDD_MDL-00273305-07, 
which was marked Exhibit 91 to the Letson 30(b)(6) Deposition. 
56. 
Attached hereto as Exhibit 55 is a true and correct copy of a document 
produced by the Bank in this action Bates-stamped BANA_EDD_MDL-00163307-08, 
which was marked Exhibit 52 to the Martin 30(b)(6) Deposition. 
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[CORRECTED] DECL. OF CONNIE K. CHAN IN SUPPORT OF PLAINTIFFS’ 
MOTION FOR CLASS CERTIFICATION 
Case No.: 3:21-md-02992-GPC-MSB
 
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57. 
Attached hereto as Exhibit 56 is a true and correct copy of a document 
produced by the Bank in this action Bates-stamped BANA_EDD_MDL-00172469-73, 
which was marked Exhibit 53 to the Martin 30(b)(6) Deposition. 
58. 
Attached hereto as Exhibit 57 is a true and correct copy of a document 
produced by the Bank in this action Bates-stamped BANA_EDD_MDL-00107327-35, 
which was marked Exhibit 63 to the Martin 30(b)(6) Deposition.  
59. 
Attached hereto as Exhibit 58 is a true and correct copy of a document 
produced by the Bank in this action Bates-stamped BANA_EDD_MDL-00090683-86, 
which was marked Exhibit 64 to the Martin 30(b)(6) Deposition.   
60. 
Attached hereto as Exhibit 59 is a true and correct copy of excerpts of 
Defendant’s Responses and Objections to Plaintiffs’ Third Set of Interrogatories, served 
on Plaintiffs December 21, 2023, and Supplemental Exhibit 6 to Defendant’s Response to 
Interrogatory No. 21, which were marked Exhibits 139 and 140-6, respectively, to the 
Lennon 30(b)(6) Deposition. 
61. 
Attached hereto as Exhibit 60 is a true and correct copy of a document 
produced by the Bank identifying the Plaintiff Card Alias IDs for Exhibits 1-5 to 
Defendant’s Responses to Plaintiffs’ Interrogatories Nos. 2-6, 14-15 (First Set), which 
was marked Exhibit 135-7 to the Lennon 30(b)(6) Deposition. 
62. 
Attached hereto as Exhibit 61 is a true and correct copy of a document 
produced by Plaintiffs in this action Bates-stamped Moore_S_0000367.  
63. 
Attached hereto as Exhibit 62 is a true and correct copy of a document 
produced by Plaintiffs in this action Bates-stamped PLFF00000011. 
64. 
Attached hereto as Exhibit 63 is a true and correct copy of excerpts of a 
document titled, “Employment Development Department Strike Team Detailed 
Assessment and Recommendations,” dated September 16, 2020, which was marked 
Exhibit 36 to the Chestnut 30(b)(6) Deposition.  
65. 
Attached hereto as Exhibit 64 is a true and correct copy of a document 
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[CORRECTED] DECL. OF CONNIE K. CHAN IN SUPPORT OF PLAINTIFFS’ 
MOTION FOR CLASS CERTIFICATION 
Case No.: 3:21-md-02992-GPC-MSB
 
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produced by the Bank in this action Bates-stamped BANA_EDD_MDL-00090721-26, 
which was marked Exhibit 59 to the Martin 30(b)(6) Deposition.  
66. 
Attached hereto as Exhibit 65 is a true and correct copy of a document 
produced by the Bank in this action Bates-stamped BANA_EDD_MDL-00452786-802, 
which was marked Exhibit 58 to the Martin 30(b)(6) Deposition.    
67. 
Attached hereto as Exhibit 66 is a true and correct copy of a document 
produced by the Bank in this action Bates-stamped BANA_EDD_MDL-00874570-71. 
68. 
Attached hereto as Exhibit 67 is a true and correct copy of a document 
produced by the Bank in this action Bates-stamped BANA_EDD_MDL-00452826-27, 
which was marked Exhibit 69 to the Letson 30(b)(6) Deposition.  
69. 
Attached hereto as Exhibit 68 is a true and correct copy of a document 
produced by the Bank in this action Bates-stamped BANA_EDD_MDL-00630754-58. 
70. 
Attached hereto as Exhibit 69 is a true and correct copy of a document 
produced by the Bank in this action Bates-stamped BANA_EDD_MDL-00347350. 
71. 
Attached hereto as Exhibit 70 is a true and correct copy of the Order Re 
Preliminary Injunction in Yick v. Bank of America, Case No. 21-cv-00376-VC, filed on 
May 17, 2021.  
72. 
Attached hereto as Exhibit 71 is a true and correct copy of the Preliminary 
Injunction in Yick v. Bank of America, Case No. 21-cv-00376-VC, filed on June 2, 2021.   
73. 
Attached hereto as Exhibit 72 is a true and correct copy of the Consumer 
Financial Protection Bureau Consent Order against Bank of America, N.A., File No. 
2022-CFPB-0004, filed on July 14, 2022. 
74. 
Attached hereto as Exhibit 73 is a true and correct copy of the Office of the 
Comptroller of the Currency Consent Order against Bank of America, N.A., File No. AA-
ENF-2022-21, filed on July 14, 2022. 
75. 
Attached hereto as Exhibit 74 is a true and correct copy of a document 
produced by the Bank in this action Bates-stamped BANA_EDD_MDL-00102554-77, 
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[CORRECTED] DECL. OF CONNIE K. CHAN IN SUPPORT OF PLAINTIFFS’ 
MOTION FOR CLASS CERTIFICATION 
Case No.: 3:21-md-02992-GPC-MSB
 
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which was marked Exhibit 132 to the Lennon 30(b)(6) Deposition. 
76. 
Attached hereto as Exhibit 75 is a true and correct copy of a document 
produced by the Bank in this action Bates-stamped BANA_EDD_MDL-00225375-93, 
which was marked Exhibit 79 to the Letson 30(b)(6) Deposition.   
77. 
Attached hereto as Exhibit 76 is a true and correct copy of a document 
produced by the Bank in this action Bates-stamped BANA_EDD_MDL-00536398-406.  
78. 
Attached hereto as Exhibit 77 is a true and correct copy of a document 
produced by the Bank in this action Bates-stamped BANA_EDD_MDL-00118438, which 
was marked Exhibit 105 to the Golden 30(b)(6) Deposition.  
79. 
Attached hereto as Exhibit 78 is a true and correct copy of a document 
produced by the Bank in this action Bates-stamped BANA_EDD_MDL-00129422-26. 
80. 
Attached hereto as Exhibit 79 is a true and correct copy of a document 
produced by the Bank in this action Bates-stamped BANA_EDD_MDL-00012738-39, 
which was marked Exhibit 2 to the Daniels 30(b)(6) Deposition.  
81. 
Attached hereto as Exhibit 80 is a true and correct copy of a document 
produced by the Bank in this action Bates-stamped BANA_ EDD_MDL-00003887-911, 
which was marked Exhibit 182 to the Johnson Deposition. 
82. 
Attached hereto as Exhibit 81 is a true and correct copy of a document 
produced by the Bank in this action Bates-stamped BANA_EDD_MDL-00592324-30, 
which was marked Exhibit 80 to the Letson 30(b)(6) Deposition. 
83. 
Attached hereto as Exhibit 82 is a true and correct copy of excerpts of a 
document produced by the Bank in this action Bates-stamped BANA_EDD_MDL-
00559693-980.  
84. 
Attached hereto as Exhibit 83 is a true and correct copy of a document 
produced by the Bank in this action Bates-stamped BANA_EDD_MDL-00100506-29, 
which was marked Exhibit 7 to the Daniels 30(b)(6) Deposition.  
85. 
Attached hereto as Exhibit 84 is a true and correct copy of a document 
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[CORRECTED] DECL. OF CONNIE K. CHAN IN SUPPORT OF PLAINTIFFS’ 
MOTION FOR CLASS CERTIFICATION 
Case No.: 3:21-md-02992-GPC-MSB
 
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produced by the Bank in this action Bates-stamped BANA_EDD_MDL-00006482-535, 
which was marked Exhibit 181 to the Johnson Deposition. 
86. 
Attached hereto as Exhibit 85 is a true and correct copy of a document 
produced by the Bank in this action Bates-stamped BANA_EDD_MDL-00718756-70.  
87. 
Attached hereto as Exhibit 86 is a true and correct copy of a document 
produced by the Bank in this action Bates-stamped BANA_EDD_MDL-00003912-37, 
which was marked Exhibit 183 to the Johnson Deposition. 
88. 
Attached hereto as Exhibit 87 is a true and correct copy of a document 
produced by the Bank in this action Bates-stamped BANA_EDD_MDL-00100616-33, 
which was marked Exhibit 9 to the Daniels 30(b)(6) Deposition.  
89. 
Attached hereto as Exhibit 88 is a true and correct copy of a document 
produced by the Bank in this action Bates-stamped BANA_EDD_MDL-00125177-79, a 
copy of which was marked Exhibit 68 to the Letson 30(b)(6) Deposition. 
90. 
Attached hereto as Exhibit 89 is a true and correct copy of a document 
produced by the Bank in this action Bates-stamped BANA_EDD_MDL-00057504-06, 
which was marked Exhibit 45 to the Martin 30(b)(6) Deposition.    
91. 
Attached hereto as Exhibit 90 is a true and correct copy of a document 
produced by the Bank in this action Bates-stamped BANA_EDD_MDL-00218256. 
92. 
Attached hereto as Exhibit 91 is a true and correct copy of a document 
produced by the Bank in this action Bates-stamped BANA_EDD_MDL-00125919-23, 
which was marked Exhibit 60 to the Martin 30(b)(6) Deposition.  
93. 
Attached hereto as Exhibit 92 is a true and correct copy of a document 
produced by the Bank in this action Bates-stamped BANA_EDD_MDL-00570333-34, 
which was marked Exhibit 156 to the Johnson Deposition. 
94. 
Attached hereto as Exhibit 93 is a true and correct copy of a document 
produced by the Bank in this action Bates-stamped BANA_EDD_MDL-00517105-26, a 
copy of which was marked Exhibit 23 to the Daniels 30(b)(6) Deposition. 
Case 3:21-md-02992-GPC-MSB     Document 336-2     Filed 09/13/24     PageID.7835     Page
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11 
[CORRECTED] DECL. OF CONNIE K. CHAN IN SUPPORT OF PLAINTIFFS’ 
MOTION FOR CLASS CERTIFICATION 
Case No.: 3:21-md-02992-GPC-MSB
 
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95. 
Attached hereto as Exhibit 94 is a true and correct copy of a document 
produced by the Bank in this action Bates-stamped BANA_EDD_MDL-00159469-74, 
which was marked Exhibit 100 to the Letson 30(b)(6) Deposition.  
96. 
Attached hereto as Exhibit 95 is a true and correct copy of a document 
produced by the Bank in this action Bates-stamped BANA_EDD_MDL-00592192-94, a 
copy of which was marked Exhibit 166 to the Johnson Deposition.  
97. 
Attached hereto as Exhibit 96 is a true and correct copy of a document 
produced by the Bank in this action Bates-stamped BANA_EDD_MDL-00090135-43. 
98. 
Attached hereto as Exhibit 97 is a true and correct copy of a document 
produced by the Bank in this action Bates-stamped BANA_EDD_MDL-00406128-30, 
which was marked Exhibit 96 to the Letson 30(b)(6) Deposition.  
99. 
Attached hereto as Exhibit 98 is a true and correct copy of excerpts of 
Defendant’s First Responses and Objections to Plaintiffs’ Seventh Set of Interrogatories, 
along with associated exhibits and verification.  
100. Attached hereto as Exhibit 99 is a true and correct copy of a document 
produced by the Bank in this action Bates-stamped BANA_EDD_MDL-00547571-77, 
which was marked Exhibit 98 to the Letson 30(b)(6) Deposition.  
101. Attached hereto as Exhibit 100 is a true and correct copy of a document 
produced by the Bank in this action Bates-stamped BANA_EDD_MDL-00572766-70, 
which was marked Exhibit 177 to the Johnson Deposition.  
102. Attached hereto as Exhibit 101 is a true and correct copy of a document 
produced by the Bank in this action Bates-stamped BANA_EDD_MDL-00510141-48, 
which was marked Exhibit 137 to the Lennon 30(b)(6) Deposition.  
103. Attached hereto as Exhibit 102 is a true and correct copy of a document 
produced by the Bank in this action Bates-stamped BANA_EDD_MDL-00158953, which 
was marked Exhibit 18 to the Daniels 30(b)(6) Deposition. 
104. Attached hereto as Exhibit 103 is a true and correct copy of a document the 
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12 of 18

 
12 
[CORRECTED] DECL. OF CONNIE K. CHAN IN SUPPORT OF PLAINTIFFS’ 
MOTION FOR CLASS CERTIFICATION 
Case No.: 3:21-md-02992-GPC-MSB
 
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Bank produced Bates-stamped BANA_EDD_MDL-00518186-91, a copy of which was 
marked Exhibit 27 to the Chestnut 30(b)(6) Deposition, and subsequently reproduced by 
the Bank without a confidentiality designation.  
105. Attached hereto as Exhibit 104 is a true and correct copy of a document 
produced by the Bank in this action Bates-stamped BANA_EDD_MDL-00663724-45, 
which was marked Exhibit 14 to the Daniels 30(b)(6) Deposition.  
106. Attached hereto as Exhibit 105 is a true and correct copy of a document 
produced by the Bank in this action Bates-stamped BANA_EDD_MDL-00169912-15, 
which was marked Exhibit 84 to the Letson 30(b)(6) Deposition.  
107. Attached hereto as Exhibit 106 is a true and correct copy of a document 
produced by the Bank in this action Bates-stamped BANA_EDD_MDL-00293818-21, 
which was marked Exhibit 89 to the Letson 30(b)(6) Deposition.  
108. Attached hereto as Exhibit 107 is a true and correct copy of a document 
produced by the Bank in this action Bates-stamped BANA_EDD_MDL-00104742-46, 
which was marked Exhibit 48 to the Martin 30(b)(6) Deposition.  
109. Attached hereto as Exhibit 108 is a true and correct copy of a document 
produced by the Bank in this action Bates-stamped BANA_EDD_MDL-00102937. 
110. Attached hereto as Exhibit 109 is a true and correct copy of a document 
produced by the Bank in this action Bates-stamped BANA_EDD_MDL-00389851-65. 
111. Attached hereto as Exhibit 110 is a true and correct copy of a document 
produced by the Bank in this action Bates-stamped BANA_EDD_MDL-00059687-90. 
112. Attached hereto as Exhibit 111 is a true and correct copy of a document 
produced by the Bank in this action Bates-stamped BANA_EDD_MDL-00171972-73. 
113. Attached hereto as Exhibit 112 is a true and correct copy of excerpts of a 
report titled, “The US Contact Center Decision-Makers’ Guide 2021,” 13th Edition, 
published by ContactBabel in 2021.  
114. Attached hereto as Exhibit 113 is a true and correct copy of excerpts of a 
Case 3:21-md-02992-GPC-MSB     Document 336-2     Filed 09/13/24     PageID.7837     Page
13 of 18

 
13 
[CORRECTED] DECL. OF CONNIE K. CHAN IN SUPPORT OF PLAINTIFFS’ 
MOTION FOR CLASS CERTIFICATION 
Case No.: 3:21-md-02992-GPC-MSB
 
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document produced by the Bank in this action Bates-stamped BANA_EDD_MDL-
00643363-68. 
115. Attached hereto as Exhibit 114 is a true and correct copy of Defendant’s 
Responses and Objections to Plaintiffs’ Fifth Set of Interrogatories, served on Plaintiffs 
February 2, 2024, which was marked Exhibit 141 to the Lennon 30(b)(6) Deposition.  
116. Attached hereto as Exhibit 115 is a true and correct copy of excerpts of a 
document produced by the Bank in this action Bates-stamped BANA_EDD_MDL-
00002286-2851. 
117. Attached hereto as Exhibit 116 is a true and correct copy of a document 
produced by the Bank in this action Bates-stamped BANA_EDD_MDL-00153666-75, 
which was marked Exhibit 32 to the Chestnut 30(b)(6) Deposition. 
118. Attached hereto as Exhibit 117 is a true and correct copy of an excerpt 
containing columns A and NN from the tab labeled, “ATM.POS.ACH,” and columns A 
and MK-MR from the tab labeled, “Exec Summary_CA_Only,” from a native Excel file 
produced by the Bank in this action Bates-stamped BANA_EDD_MDL-00859710. 
119. Attached hereto as Exhibit 118 is a true and correct copy of a document 
produced by the Bank in this action Bates-stamped BANA_EDD_MDL-00172236-44. 
120. Attached hereto as Exhibit 119 is a true and correct copy of a document 
produced by the Bank in this action Bates-stamped BANA_EDD_MDL-00060229-56. 
121. Attached hereto as Exhibit 120 is a true and correct copy of a document 
produced by the Bank in this action Bates-stamped BANA_EDD_MDL-00246360-63, 
which was marked Exhibit 102 to the Golden 30(b)(6) Deposition. 
122. Attached hereto as Exhibit 121 is a true and correct copy of an excerpt of a 
document produced by the Bank in this action Bates-stamped BANA_EDD_MDL-
00356313-16, which was marked Exhibit 124 to the Golden 30(b)(6) Deposition. 
123. Attached hereto as Exhibit 122 is a true and correct copy of a document 
produced by the Bank in this action Bates-stamped BANA_EDD_MDL-00171905. 
Case 3:21-md-02992-GPC-MSB     Document 336-2     Filed 09/13/24     PageID.7838     Page
14 of 18

 
14 
[CORRECTED] DECL. OF CONNIE K. CHAN IN SUPPORT OF PLAINTIFFS’ 
MOTION FOR CLASS CERTIFICATION 
Case No.: 3:21-md-02992-GPC-MSB
 
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124. Attached hereto as Exhibit 123 is a true and correct copy of excerpts of a 
document produced by the Bank in this action Bates-stamped BANA_EDD_MDL-
00013111-63, which was marked Exhibit 118 to the Golden 30(b)(6) Deposition. 
125. Attached hereto as Exhibit 124 is a true and correct copy of a document 
produced by the Bank in this action Bates-stamped BANA_EDD_MDL-00719115, which 
was marked Exhibit 103 to the Golden 30(b)(6) Deposition. 
126. Attached hereto as Exhibit 125 is a true and correct copy of a document 
produced by the Bank in this action Bates-stamped BANA_EDD_MDL-00719116, a 
copy of which was marked Exhibit 106 to the Golden 30(b)(6) Deposition. 
127. Attached hereto as Exhibit 126 is a true and correct copy of a document 
produced by the Bank in this action Bates-stamped BANA_EDD_MDL-00090040-47. 
128. Attached hereto as Exhibit 127 is a true and correct copy of a document 
produced by the Bank in this action Bates-stamped BANA_EDD_MDL-00013086-93. 
129. Attached hereto as Exhibit 128 is a true and correct copy of a document 
produced by the Bank in this action Bates-stamped BANA_EDD_MDL-00012875-85. 
130. Attached hereto as Exhibit 129 is a true and correct copy of a document 
produced by the Bank in this action Bates-stamped BANA_EDD_MDL-00012792. 
131. Attached hereto as Exhibit 130 is a true and correct copy of a document 
produced by the Bank in this action Bates-stamped BANA_EDD_MDL-00012800. 
132. Attached hereto as Exhibit 131 is a true and correct copy of excerpts of a 
report titled, “The 2023 US Contact Center Decision-Makers’ Guide,” 15th Edition, 
published by ContactBabel in 2023.  
133. Attached hereto as Exhibit 132 is a true and correct copy of a document 
produced by the Bank in this action Bates-stamped BANA_EDD_MDL-0013096-106. 
134. Attached hereto as Exhibit 133 is a true and correct copy of a document 
produced by the Bank in this action Bates-stamped BANA_EDD_MDL-00060337-39. 
135. Attached hereto as Exhibit 134 is a true and correct copy of a document 
Case 3:21-md-02992-GPC-MSB     Document 336-2     Filed 09/13/24     PageID.7839     Page
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15 
[CORRECTED] DECL. OF CONNIE K. CHAN IN SUPPORT OF PLAINTIFFS’ 
MOTION FOR CLASS CERTIFICATION 
Case No.: 3:21-md-02992-GPC-MSB
 
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produced by the Bank in this action Bates-stamped BANA_EDD_MDL-00106092-94, 
which was marked Exhibit 104 to the Golden 30(b)(6) Deposition. 
136. Attached hereto as Exhibit 135 is a true and correct copy of a document 
produced by the Bank in this action Bates-stamped BANA_EDD_MDL-00382181-88. 
137. Attached hereto as Exhibit 136 is a true and correct copy of a document 
produced by the Bank in this action Bates-stamped BANA_EDD_MDL-00352985-87. 
138. Attached hereto as Exhibit 137 is a true and correct copy of a document 
produced by the Bank in this action Bates-stamped BANA_EDD_MDL-00288637-41, 
which was marked Exhibit 122 to the Golden 30(b)(6) Deposition. 
139. Attached hereto as Exhibit 138 is a true and correct copy of a document 
produced by the Bank in this action Bates-stamped BANA_EDD_MDL-00424944-49. 
140. Attached hereto as Exhibit 139 is a true and correct copy of a document 
produced by the Bank in this action Bates-stamped BANA_EDD_MDL-00718992-9004. 
141. Attached hereto as Exhibit 140 is a true and correct copy of a document 
produced by the Bank in this action Bates-stamped BANA_EDD_MDL-00021102-36.  
142. Attached hereto as Exhibit 141 is a true and correct copy of a document 
produced by the Bank in this action Bates-stamped BANA_EDD_MDL-00571307-10.  
143. Attached hereto as Exhibit 142 is a true and correct copy of a document 
produced by the Bank in this action Bates-stamped BANA_EDD_MDL-00417487-90, a 
copy of which was marked Exhibit 93 to the Letson 30(b)(6) Deposition. 
144. Attached hereto as Exhibit 143 is a true and correct copy of a document 
produced by the Bank in this action Bates-stamped BANA_EDD_MDL-00077223-25, a 
copy of which was marked Exhibit 25 to the Daniels 30(b)(6) Deposition. 
145. Attached hereto as Exhibit 144 is a true and correct copy of a document 
produced by the Bank in this action Bates-stamped BANA_EDD_MDL-00205620-29. 
146. Attached hereto as Exhibit 145 is a true and correct copy of a document 
produced by the Bank in this action Bates-stamped BANA_EDD_MDL-00125186-87, 
Case 3:21-md-02992-GPC-MSB     Document 336-2     Filed 09/13/24     PageID.7840     Page
16 of 18

 
16 
[CORRECTED] DECL. OF CONNIE K. CHAN IN SUPPORT OF PLAINTIFFS’ 
MOTION FOR CLASS CERTIFICATION 
Case No.: 3:21-md-02992-GPC-MSB
 
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which was marked Exhibit 138 to the Lennon 30(b)(6) Deposition. 
147. Attached hereto as Exhibit 146 is a true and correct copy of excerpts of 
Defendant’s Revised Second Supplemental Responses and Objections to Plaintiffs’ First 
Set of Interrogatories (Nos. 2-6), along with associated revised exhibits and verification, 
which were marked Exhibits 136, 136-1, 136-2, 136-3, and 136-6, respectively, to the 
Lennon 30(b)(6) Deposition.  
148. Attached hereto as Exhibit 147 is a true and correct copy of a document 
produced by the Bank in this action Bates-stamped BANA_EDD_MDL-00102544-77, a 
copy of which was marked Exhibit 132 to the Lennon 30(b)(6) Deposition; 
BANA_EDD_MDL-00102520-43, a copy of which was marked Exhibit 133 to the 
Lennon 30(b)(6) Deposition; and BANA_EDD_MDL-00102578-87, a copy of which was 
marked Exhibit 134 to the Lennon 30(b)(6) Deposition. 
149. Attached hereto as Exhibit 148 is a true and correct copy of a document 
produced by the Bank in this action Bates-stamped BANA_EDD_MDL-00282498-523. 
150. Attached hereto as Exhibit 149 is a true and correct copy of a 3-page 
document produced by the California Employment Development Department in response 
to a Public Records Act request. 
151. Attached hereto as Exhibit 150 is a true and correct copy of a document 
produced by the Bank in this action Bates-stamped BANA_EDD_MDL-00057837-78, a 
copy of which was marked Exhibit 42 to the Martin 30(b)(6) Deposition, and excerpts of 
the same, which were marked Exhibit 66 to the Letson 30(b)(6) Deposition. 
152. Attached hereto as Exhibit 151 is a true and correct copy of a document 
produced by the Bank in this action Bates-stamped BANA_EDD_MDL-00103075-83, 
which was marked Exhibit 123 to the Golden 30(b)(6) Deposition.  
153. Attached hereto as Exhibit 152 is a true and correct copy of a document 
produced by the Bank in this action Bates-stamped BANA_EDD_MDL-00012816-74. 
154. Attached hereto as Exhibit 153 is a true and correct copy of a document 
Case 3:21-md-02992-GPC-MSB     Document 336-2     Filed 09/13/24     PageID.7841     Page
17 of 18

 
17 
[CORRECTED] DECL. OF CONNIE K. CHAN IN SUPPORT OF PLAINTIFFS’ 
MOTION FOR CLASS CERTIFICATION 
Case No.: 3:21-md-02992-GPC-MSB
 
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produced by the Bank in this action Bates-stamped BANA_EDD_MDL-00421427-28. 
155. Attached hereto as Exhibit 154 is a true and correct copy of a document 
produced by the Bank in this action Bates-stamped BANA_EDD_MDL-00015042-44. 
156. Attached hereto as Exhibit 155 is a true and correct copy of a document 
produced by the Bank in this action Bates-stamped BANA_EDD_MDL-0087742-43, 
which was marked Exhibit 81 to the Letson 30(b)(6) Deposition. 
157. Attached hereto as Exhibit 156 is a true and correct copy of a document 
produced by the Bank in this action Bates-stamped BANA_EDD_MDL-00426935-39. 
158. Attached hereto as Exhibit 157 is Class Plaintiffs’ Proposed Trial Plan. 
 
I declare under penalty of perjury that that the foregoing is true and correct.  
Executed this 12th day of September, 2024 in Burlingame, California. 
 
 
 
 
 
 
s/ Connie K. Chan  
 
 
 
 
 
 
Connie K. Chan 
 
Case 3:21-md-02992-GPC-MSB     Document 336-2     Filed 09/13/24     PageID.7842     Page
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