DECLARATION re 349 Response in Opposition to Motion (Declaration of Laura Brys in… — Bofa Ca Unemployment (Dkt. 350)

Record facts

U.S. District Court for the Southern District of California · No. 3:21-md-02992-GPC-MSB · Doc. 350 · 2024-10-24 · 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. 3:21-md-02992-GPC-MSB 
DECLARATION OF LAURA BRYS 
IN SUPPORT OF DEFENDANT’S 
OPPOSITION TO PLAINTIFFS’ 
MOTION FOR CLASS 
CERTIFICATION 
Date: January 17, 2025 
Time: 1:30 p.m. 
Ctrm: 2D – 2nd Floor 
Judge: Hon. Gonzalo P. Curiel 
FILED PROVISIONALLY UNDER 
SEAL PURSUANT TO 
STIPULATED PROTECTIVE 
ORDER
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I, 
Laura Brys, state and declare as follows: 
1. 
I am an attorney licensed to practice before this Court.  
2. 
I am a senior attorney at Goodwin Procter LLP, attorneys of record for 
Defendant BANK OF AMERICA, N.A. (“BANA”) in this action.  
3. 
I make this declaration in support of Defendant’s Opposition to 
Plaintiff’s Motion for Class Certification. I have personal knowledge of the matters 
set forth in this Declaration and/or upon a review of non-privileged records kept by 
Goodwin Procter LLP in the regular course of its business, and if called upon to do 
so, I could and would testify competently to same.   
Expert Reports and Declarations 
4. 
Attached hereto as Exhibit 1 is a true and correct copy of the Expert 
Report of Professor Victor Stango in support of Defendant’s Opposition to Plaintiffs’ 
Motion for Class Certification, and appendices thereto, and dated October 24, 2024. 
5. 
Attached hereto as Exhibit 2 is a true and correct copy of the Expert 
Declaration of Teresa A. Pesce in support of Defendant’s Opposition to Plaintiffs’ 
Motion for Class Certification, and appendices thereto, and dated October 24, 2024.  
6. 
Attached hereto as Exhibit 3 is a true and correct copy of the Expert 
Declaration of Russell Cronan in support of Defendant’s Opposition to Plaintiffs’ 
Motion for Class Certification, and appendices thereto, and dated October 24, 2024. 
7. 
Attached hereto as Exhibit 4 is a true and correct copy of the Expert 
Declaration of Pamela Joseph in support of Defendant’s Opposition to Plaintiffs’ 
Motion for Class Certification, and appendices thereto, and dated October 24, 2024. 
8. 
Attached hereto as Exhibit 5 is a true and correct copy of the Expert 
Declaration of Stephen Hindle in support of Defendant’s Opposition to Plaintiffs’ 
Motion for Class Certification, and appendices thereto, and dated October 24, 2024. 
Fact Declarations 
9. 
Attached hereto as Exhibit 6 is a true and correct copy of the 
Declaration of Michael J. Letson in support of Defendant’s Opposition to Plaintiffs’ 
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Motion for Class Certification  and dated October 23, 2024. 
10.
Attached hereto as Exhibit 7 is a true and correct copy of the
Declaration of William M. Martin in support of Defendant’s Opposition to Plaintiffs’ 
Motion for Class Certification and dated October 23, 2024.  
11.
Attached hereto as Exhibit 8 is a true and correct copy of the
Declaration of Jennifer Lennon in support of Defendant’s Opposition to Plaintiffs’ 
Motion for Class Certification  and dated October 23, 2024.  
12.
Attached hereto as Exhibit 9 is a true and correct copy of the
Declaration of Kelley Lorenzen in support of Defendant’s Opposition to Plaintiffs’ 
Motion for Class Certification and dated October 24, 2024.  
Additional Documents 
13.
Attached hereto as Exhibit 10 is a true and correct copy of a publicly
available article by Patrick McGreevy titled “California unemployment fraud could 
top $9 billion, double previous estimate, expert warns” published online by the L.A. 
Times and dated January 15, 2021.  
14.
Attached hereto as Exhibit 11 is a true and correct copy of an article by
David Manoucheri titled “Analysis shows California EDD fraud at $32.6 billion and 
counting” published by KCRA3 and dated October 6, 2022.  
15.
Attached hereto as Exhibit 12 
. 
16.
Attached hereto as Exhibit 13 is a true and correct copy of a publicly
available report from the California Legislative Analyst’s Office titled “Legislative 
Oversight of Ongoing Challenges at EDD,” presented to the California Assembly 
Budget Subcommittee No. 4 on State Administration and dated January 26, 2021.  
17.
Attached hereto as Exhibit 14 is a true and correct copy of a publicly
available report of the U.S. House of Representatives Oversight Committee titled 
“Examining Widespread Fraud in Pandemic Unemployment Relief Programs” and 
dated September 10, 2024.  
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18. 
Attached hereto as Exhibit 15 is a true and correct copy of a publicly 
available article by Matt Weidinger titled “New Report Details Lessons from 
Massive Pandemic Unemployment Fraud,” published by the American Enterprise 
Institute and dated September 11, 2024. 
19. 
Attached hereto Exhibit 16 is a true and correct copy of a publicly 
available report by the Employment Development Department (“EDD”) titled “2020 
Fraud Deterrence and Detection Activities” prepared for the California Legislature 
and dated June 2021.  
20. 
Attached hereto Exhibit 17 is a true and correct copy of a publicly 
available letter from Elaine M. Howle, California State Auditor, to the Governor and 
Legislative Leaders of California and dated November 19, 2020.  
21. 
Attached hereto as Exhibit 18 is a true and correct copy of excerpts of 
the official transcript of Plaintiffs’ deposition of BANA’s Rule 30(b)(6) designee, 
William Golden, taken on February 22, 2024.  
22. 
Attached hereto as Exhibit 19 
 
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23. 
Attached hereto as Exhibit 20 
 
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24. 
Attached hereto as Exhibit 21 
 
.  
25. 
Attached hereto as Exhibit 22 is a true and correct copy of a document 
produced by BANA in this action Bates stamped BANA_EDD_MDL-00440225. 
26. 
Attached hereto as Exhibit 23 is a true and correct copy of excerpts of 
BANA’s Responses to Plaintiff Jennifer Yick’s Fourth Set of Interrogatories.   
27. 
Attached hereto as Exhibit 24 is a true and correct copy of excerpts of 
the official transcript of Plaintiffs’ deposition of BANA’s Rule 30(b)(6) designee, 
Robert A. Chestnut, taken on February 8, 2024.  
28. 
Attached hereto as Exhibit 25 
 
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29. 
Attached hereto as Exhibit 26 
 
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30. 
Attached hereto as Exhibit 27 
 
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31. 
Attached hereto as Exhibit 28 
 
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32. 
Attached hereto as Exhibit 29 is a true and correct copy of excerpts of 
the official transcript of Plaintiffs’ deposition of Renee Johnson, taken on May 7, 
2024.  
33. 
Attached hereto as Exhibit 30 
 
 
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34. 
Attached hereto as Exhibit 31 
 
 
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35. 
Attached hereto as Exhibit 32 
 
 
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36. 
Attached hereto as Exhibit 33 
 
 
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37. 
Attached hereto as Exhibit 34 is a true and correct copy of an excerpt 
of Plaintiff Quoc Huynh’s Responses to BANA’s First Set of Interrogatories Directed 
to Plaintiffs.  
38. 
Attached hereto as Exhibit 35 
 
 
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39. 
Attached hereto as Exhibit 36 
 
 
.  
40. 
Attached hereto as Exhibit 37 is a true and correct copy of an excerpt 
from Plaintiff Ann Perez’s Responses to BANA’s First Set of Interrogatories 
Directed to Plaintiffs.   
41. 
 Attached hereto as Exhibit 38 
 
 
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42. 
Attached hereto as Exhibit 39 is a true and correct copy of an excerpt 
from Plaintiff Catarina Rodriguez’s Responses to BANA’s First Set of 
Interrogatories Directed to Plaintiffs.  
43. 
Attached hereto as Exhibit 40 
 
 
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44. 
Attached hereto as Exhibit 41 
 
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45. 
Attached hereto as Exhibit 42 
 
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46. 
Attached hereto as Exhibit 43 is a true and correct copy of excerpts of 
BANA’s Second Set of Responses to Plaintiff Jennifer Yick’s Seventh Set of 
Interrogatories. 
47. 
Attached hereto as Exhibit 44 is a true and correct copy of a letter dated 
January 29, 2024 from Plaintiffs’ counsel Karin B. Swope to Defendant’s counsel 
Matthew L. Riffee.   
48. 
Attached hereto as Exhibit 45 
 
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49. 
Attached hereto as Exhibit 46 
 
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50. 
Attached hereto as Exhibit 47 
 
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51. 
Attached hereto as Exhibit 48 is a true and correct copy of a document 
produced by Plaintiff Rosemary Mathews in this action Bates stamped 
Mathews_R_0000100-01.  
52. 
Attached hereto as Exhibit 49 is a true and correct copy of a document 
produced 
by 
Plaintiff 
Brian 
Wiggins 
in 
this 
action 
Bates 
stamped 
Wiggins_B_0000196-204.  
53. 
Attached hereto as Exhibit 50 is a true and correct copy of a document 
produced by Plaintiff Clara Cajas in this action Bates stamped Cajas_C_0000383. 
54. 
Attached hereto as Exhibit 51 
 
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55. 
Attached hereto as Exhibit 52 is a true and correct copy of a document 
produced by Plaintiff Cindy Baker in this action Bates stamped Baker_C_0000360-
61.  
56. 
Attached hereto as Exhibit 53 is a true and correct copy of an excerpt 
from Plaintiff Stephanie Smith’s Responses to BANA’s First Set of Interrogatories 
Directed to Plaintiffs.  
57. 
Attached hereto as Exhibit 54 is a true and correct copy of a publicly 
available webpage from the United States Department of Labor, Office of the 
Inspector General titled “OIG Oversight of the Unemployment Insurance Program,” 
which was last updated December 15, 2023.  
58. 
Attached hereto as Exhibit 55 is a true and correct copy of publicly 
available court documents for State of Utah v. Aders, Case No. 211100532 FS (Utah 
1st Dist. Aug. 23, 2021). 
59. 
Attached hereto as Exhibit 56 is a true and correct copy of publicly 
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available court documents for People of the State of Cal. v. Gage, Case No. 
SC120916 A (Cal. Sup. Ct.). 
60. 
Attached hereto as Exhibit 57 is a true and correct copy of publicly 
available court documents for People of the State of Cal. v. Corella, Case No. 16CR-
059780 (Cal. Sup. Ct. Dec. 12, 2001).  
61. 
Attached hereto as Exhibit 58 
 
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62. 
Attached hereto as Exhibit 59 
 
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63. 
Attached hereto as Exhibit 60 
 
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64. 
Attached hereto as Exhibit 61 
 
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65. 
Attached hereto as Exhibit 62 
 
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66. 
Attached hereto as Exhibit 63 is a true and correct copy of excerpts of 
the official transcript of BANA’s deposition of Plaintiff Jennifer Meza, taken on 
April 30, 2024.  
67. 
Attached hereto as Exhibit 64 
 
.  
68. 
Attached hereto as Exhibit 65 is a true and correct copy of an excerpt 
from Plaintiff Sara Morales’ Responses to BANA’s First Set of Interrogatories 
Directed to Plaintiffs. 
69. 
Attached hereto as Exhibit 66 
 
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70. 
Attached hereto as Exhibit 67 
 
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71. 
Attached hereto as Exhibit 68 
 
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72. 
Attached hereto as Exhibit 69 
 
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73. 
 Attached hereto as Exhibit 70 
 
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74. 
Attached hereto as Exhibit 71 
 
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75. 
Attached hereto as Exhibit 72 
 
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76. 
Attached hereto as Exhibit 73 
 
 
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77. 
Attached hereto as Exhibit 74 is a true and correct copy of an excerpt 
from Plaintiff Evett Johnson’s Responses to BANA’s First Set of Interrogatories 
Directed to Plaintiffs.  
78. 
Attached hereto as Exhibit 75 is a true and correct copy of an excerpt 
from Plaintiff Robert Murphy’s Supplemental Responses to BANA’s First Set of 
Interrogatories Directed to Plaintiffs.  
79. 
Attached hereto as Exhibit 76 is a true and correct copy of an excerpt 
from Plaintiff Seante Glassflowers’ Supplemental Responses to BANA’s First Set of 
Interrogatories Directed to Plaintiffs.  
80. 
Attached hereto as Exhibit 77 
 
 
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81. 
Attached hereto as Exhibit 78 
 
 
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82. 
Attached hereto as Exhibit 79 is a true and correct copy of the publicly 
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available testimony of Larry D. Turner before the United States House of 
Representatives Committee on Ways and Means given on February 8, 2023.  
83. 
Attached hereto as Exhibit 80 
 
 
 
 
  
84. 
Attached hereto as Exhibit 81 
 
 
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85. 
Attached hereto as Exhibit 82 
 
 
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86. 
Attached hereto as Exhibit 83 is a true and correct copy of a publicly 
available article by Brian Faler titled “Unemployment assistance to millionaires 
soared during pandemic,” published by Politico and dated November 22, 2022.  
87. 
Attached hereto as Exhibit 84 
 
 
.  
88. 
Attached hereto as Exhibit 85 is a true and correct copy of excerpts of 
BANA’s Revised Supplemental Responses to Plaintiff Jennifer Yick’s First Set of 
Interrogatories.  
89. 
Attached hereto as Exhibit 86 is a true and correct copy of Exhibit 4 to 
BANA’s Revised Supplemental Responses to Plaintiff Jennifer Yick’s First Set of 
Interrogatories. 
90. 
Attached hereto as Exhibit 87 is a true and correct copy of a publicly 
available report by the United States Government Accountability Office dated March 
17, 2022.  
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91. 
Attached hereto as Exhibit 88 is a true and correct copy of a publicly 
available report by the California State Auditor titled “Weaknesses in EDD’s 
Approach” and dated January 2021.  
92. 
Attached hereto as Exhibit 89 is a true and correct copy of a publicly 
available report by the California State Auditor titled “EDD’s Poor Planning and 
Ineffective Management Left It Unprepared to Assist Californians Unemployed by 
COVID-19 Shutdowns” dated January 2021. 
93. 
Attached hereto as Exhibit 90 is a true and correct copy of a publicly 
available letter to the California State Auditor dated January 28, 2021. 
94. 
Attached hereto as Exhibit 91 is a true and correct copy of a publicly 
available article by Milbourn published by the Orange County Register and dated 
March 16, 2021.  
95. 
Attached hereto as Exhibit 92 is a true and correct copy of a collection 
of publicly available press releases by the Financial Crimes Network dated between 
March 16, 2020 and February 24, 2021. 
96. 
Attached hereto as Exhibit 93 is a true and correct copy of a publicly 
available report by the Office of the Comptroller of Currency titled “Semi-Annual 
Risk Perspective” dated Spring 2021.   
97. 
Attached hereto as Exhibit 94 is a true and correct copy of a press 
release from the United States Department of Justice titled “COVID-19 Fraud 
Enforcement Task Force 2024 Report” and dated April 9, 2024.  
98. 
Attached hereto as Exhibit 95 is a true and correct copy of a publicly 
available press release by the DOJ’s National Unemployment Insurance Fraud Task 
Force titled “Unemployment Insurance Fraud Consumer Protection Guide” and dated 
September 21, 2020.  
99. 
Attached hereto as Exhibit 96 is a true and correct copy of a publicly 
available bulletin by the United States Secret Service dated May 14, 2020.  
100. Attached hereto as Exhibit 97 is a true and correct copy of excerpts of 
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the official transcript of Plaintiffs’ deposition of BANA’s Rule 30(b)(6) designee, 
Michael J. Letson, taken on February 16, 2024.  
101. Attached hereto as Exhibit 98 is a true and correct copy of excerpts of 
the official transcript of Plaintiffs’ deposition of BANA’s Rule 30(b)(6) designee, 
Shane Daniels, taken on February 6, 2024.  
102. Attached hereto as Exhibit 99 
 
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103. Attached hereto as Exhibit 100 
 
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104. Attached hereto as Exhibit 101 
 
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105. Attached hereto as Exhibit 102 
 
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106. Attached hereto as Exhibit 103 
 
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107. Attached hereto as Exhibit 104 is a true and correct copy of excerpts of 
BANA’s Responses to Plaintiff Jennifer Yick’s Fifth Set of Interrogatories.  
108. Attached hereto as Exhibit 105 is Exhibit 11 to BANA’s Responses to 
Plaintiff Jennifer Yick’s Fifth Set of Interrogatories.  
109. Attached hereto as Exhibit 106 is a true and correct copy of excerpts of 
a publicly available handbook by the OCC titled “Corporate and Risk Governance” 
and dated July 2019. 
110. Attached hereto as Exhibit 107 is a true and correct copy of a publicly 
available handbook by the OCC titled “Internal Controls” and dated January 2001. 
111. Attached hereto as Exhibit 108 is a true and correct copy of a publicly 
available OCC Bulletin 2019-37 titled “Operational Risk: Fraud Risk Management 
Principles” and dated July 24, 2019. 
112. Attached hereto as Exhibit 109 is a true and correct copy of excerpts of 
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a publicly available handbook by the OCC titled “Large Bank Supervision” and dated 
July 2018. 
113. Attached hereto as Exhibit 110 is a true and correct copy of the publicly 
available 71 Fed. Reg. 1638 (Jan. 10, 2006). 
114. Attached hereto as Exhibit 111 is a true and correct copy of excerpts of 
a publicly available handbook by the OCC titled “Compliance Management 
Systems” and dated July 2019. 
115. Attached hereto as Exhibit 112 
 
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116. Attached hereto as Exhibit 113 
 
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117. Attached hereto as Exhibit 114 
 
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118. Attached hereto as Exhibit 115 
 
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119. Attached hereto as Exhibit 116 
 
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120. Attached hereto as Exhibit 117 
 
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121. Attached hereto as Exhibit 118 
 
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122. Attached hereto as Exhibit 119 is a true and correct copy of a publicly 
accessible guide by ContactBabel titled “The US Contact Center Decision-Makers’ 
Guide 2021” and dated 2021. 
123. Attached hereto as Exhibit 120 
 
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124. Attached hereto as Exhibit 121 
 
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125. Attached hereto as Exhibit 122 is a true and correct copy of excerpts of 
the official transcript of Plaintiffs’ deposition of BANA’s Rule 30(b)(6) designee, 
William Martin, taken on February 14, 2024. 
Additional Information 
126. During a status conference on January 16, 2024 that I attended, counsel 
for Plaintiffs told Magistrate Judge Berg that they intended to reduce the list of class 
representatives named in the then-operable complaint to reflect “the best” class 
representatives. 
127. Defendants’ Exhibits to this Declaration shall be referred to as “DX” in 
Defendant’s Memorandum in Opposition to Plaintiffs’ Motion for Class Certification 
and its supporting documents.  Plaintiffs’ Exhibits to the Declaration of Connie K. 
Chan in Support of Plaintiffs’ Motion for Class certification shall be referred to as 
“PX” in the Opposition and its supporting documents. 
 
I declare under the penalty of perjury that the foregoing is true and correct. 
Executed on this 24th day of October, 2024. 
 
 
By: 
 
 
LAURA BRYS 
 
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