Declaration of Don Robart — In re Bank of America California Unemployment Benefits Litigation (Dkt. 344-2, S.D. Cal. No. 3:21-md-02992)

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U.S. District Court for the Southern District of California · No. 3:21-md-02992-GPC-MSB · Doc. 344-2 · 2024-10-03 · Docket on CourtListener

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JAMES W. MCGARRY (pro hac vice) 
JMcGarry@goodwinlaw.com 
GOODWIN PROCTER LLP 
100 Northern Avenue 
Boston, MA  02210 
Tel.: +1 617 570 1000 
Fax: +1 617 523 1231 
SABRINA M. ROSE-SMITH (pro hac vice) 
SRoseSmith@goodwinlaw.com 
MATTHEW L. RIFFEE (pro hac vice) 
MRiffee@goodwinlaw.com 
GOODWIN PROCTER LLP 
1900 N Street, NW 
Washington, DC 20036 
Tel.: +1 202 346 4000 
Fax: +1 202 346 4444 
Attorneys for Defendant  
BANK OF AMERICA, N.A. 
 
UNITED STATES DISTRICT COURT 
SOUTHERN DISTRICT OF CALIFORNIA –  
SAN DIEGO DIVISION 
 
IN RE: BANK OF AMERICA 
CALIFORNIA UNEMPLOYMENT 
BENEFITS LITIGATION 
Case No. 21-MD-02992-GPC-MSB 
 
DECLARATION OF DON 
ROBART IN SUPPORT OF 
DEFENDANT BANK OF 
AMERICA, N.A.’S  MOTIONS TO 
SEAL DOCUMENTS FILED IN 
SUPPORT OF PLAINTIFFS’ 
MOTION FOR CLASS 
CERTIFICATION 
 
Ctrm:   
2D – 2nd Floor      
Judge:  
Hon. Gonzalo P. Curiel 
 
 
 
 
Case 3:21-md-02992-GPC-MSB     Document 344-2     Filed 10/03/24     PageID.7983     Page
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DECLARATION OF DON ROBART 
 ISO MOTIONS TO SEAL 
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CASE NO. 21-MD-02992-LAB-MSB 
 
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I, Don Robart, declare as follows: 
1. 
I am employed by Bank of America, N.A. (“BANA”) as an Operations 
Executive in Claims Processing.  I make this declaration based upon personal 
knowledge and belief, upon BANA’s records maintained in the ordinary course and 
scope of business, and upon information gathered from other BANA employees.  If 
called to testify as to any of the matters set forth in this declaration, I could and would 
competently testify thereto. 
2. 
In my capacity as Operations Executive in Claim Processing, my 
responsibilities include leading group operations managers and other employees 
handling fraud and billing disputes, complaints, and correspondence with 
cardholders, and overseeing updates to and implementation of BANA’s policies, 
procedures, trainings and practices relating to claims review and investigation.   
BANA’s Claims Review Policies, Procedures, and Strategies 
3. 
It is my understanding that BANA continues to utilize some of the same 
or similar policies, procedures, practices or strategies for claims intake, claims 
review, and authentication that are or were applicable to the EDD program in its other 
prepaid, consumer and commercial products and services.  For example, certain 
aspects of BANA’s prepaid Adequate Investigation Standard Operating Procedures 
(“AISOP”) are currently utilized in connection with claims review in other prepaid 
card programs, as well as other lines business, including BANA’s consumer and 
commercial products.  Updated versions of BANA’s claims review processes and 
trainings that implemented the AISOP and other BANA policies and procedures are 
also still being utilized by BANA today to review prepaid claims, and certain aspects 
of those processes and trainings are similarly utilized to review claims in BANA’s 
other lines of business and products.   
4. 
BANA invested in the development of those policies, procedures and 
practices, and if disclosed to the public, then other financial institutions would gain 
access to that information at no cost and use it to their advantage and BANA’s 
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DECLARATION OF DON ROBART 
 ISO MOTIONS TO SEAL 
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CASE NO. 21-MD-02992-LAB-MSB 
 
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disadvantage.  Additionally, if BANA’s confidential processes or procedures were 
disclosed, they would be less effective because individuals who may wish to 
perpetrate fraud could potentially use them to get around BANA’s fraud prevention, 
claims review, and authentication procedures—placing both BANA and its 
customers at risk. 
5. 
How BANA structures its organization to detect and deter claims fraud, 
handle claims, and authenticate cardholders is also commercially sensitive 
information that BANA does not disclose.  Disclosure of such information could 
provide potential fraudsters with insight into BANA’s organization that could be used 
to evade detection and commit claims fraud against BANA.  The information could 
also be replicated by other financial institutions to BANA’s competitive detriment.    
 
I declare under the penalty of perjury that the foregoing is true and correct. 
Executed on this 3rd day of October, 2024. 
 
 
 
 
 
 
 
 
By:  s/ Don Robart_________ 
  
 
 
 
 
 
 
DON ROBART 
 
 
 
 
 
 
 
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 ISO MOTIONS TO SEAL 
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CASE NO. 21-MD-02992-LAB-MSB 
 
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SIGNATURE CERTIFICATION 
Pursuant to Section 2(f)(4) of the Electronic Case Filing Administrative 
Policies and Procedures Manual, I hereby certify that the content of this document is 
acceptable to Don Robart, and that I have obtained Don Robart’s electronic signature 
in the filing of this document.   
 
 
Dated: 
10/3/2024 
 
/s/ James W. McGarry 
 
 
 
James W. McGarry 
 
 
 
 
 
Case 3:21-md-02992-GPC-MSB     Document 344-2     Filed 10/03/24     PageID.7986     Page
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