Exhibit 55 — In re Bank of America California Unemployment Benefits Litigation (Dkt. 350-56, 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. 350-56 · 2024-10-24 · Docket on CourtListener

Full text

EXHIBIT 55 
Case 3:21-md-02992-GPC-MSB     Document 350-56     Filed 10/24/24     PageID.11399 
Page 1 of 15

3b'ii~1Wo~TAH C o..t-N, 
I hereby certify that the document to 
which this certificate is attached is a 
full, true and correct copy of the 
original filed in the Utah State Courts. 
this 
day of 
_ ~ 
_ 
20 
. 
FIRST DISTRICT - CACHE 
WIT;~s1 my hand an~al 
&I: 
-
01_s_R_1c_r;_J,-UV--<E::;:NliLE~
0/an,,%nT~}-----
CACHE COUNTY, STATE OF UTAH 
.....-'I: 
:-..... 
CLERK 
-/ l 
MINUTES 
STATE OF UTAH, 
Plaintiff, 
SENTENCE, JUDGMENT, COMMITMENT 
VS. 
JORDAN TYMOTHY ADERS, 
Defendant. 
PRESENT 
Clerk: janetfr 
Prosecutor: HARMS, CLARK 
Defendant Present 
The defendant is not in custody 
Defendant's Attorney(s): MCGINNIS, MICHAEL 
DEFENDANT INFORMATION 
Date of birth: 
 
Audio 
Case No: 211100532 FS 
Judge: ANGELA FONNESBECK 
Date: August 23, 2021 
Tape Number: Courtroom 1 Tape Count: 4:28-4:51 
CHARGES 
1. BURGLARY OF A VEHICLE - Class A Misdemeanor Plea: Guilty - Disposition: 05/24/21 Guilty 
2. UNLAWFUL ACQUISITION OF A FINANCIAL CARD WITHOUT CONSENT - 3rd Degree Felony 
Plea: Guilty - Disposition: 05/24/21 Guilty 
5. UNLAWFUL USE OF A FINANCIAL TRANSACTION CARD - Class A Misdemeanor Plea: Guilty -
Disposition: 05/24/21 Guilty 
HEARING 
Cases called: 211100527, 211100528, 211100529, 211100532, 211100536. 
Defendant is present for sentencing. Counsel give their statements and recommendations for 
sentencing. 
The defendant addresses the Court. 
The Court imposes sentence: 
09-01-2021 09:22 AM 
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eASE NUMBER: 211100532 State Felony 
SENTENCE PRISON 
Based on the defendant's conviction of UNLAWFUL ACQUISITION OF A FINANCIAL CARD 
WITHOUT CONSENT a 3rd Degree Felony, the defendant is sentenced to an indeterminate term of 
not to exceed five years in the Utah State Prison. 
The prison term is suspended. 
SENTENCE JAIL 
Based on the defendant's conviction of BURGLARY OF A VEHICLE a Class A Misdemeanor, the 
defendant is sentenced to a term of 364 day(s) The total time suspended for this charge is 364 
day(s). 
Based on the defendant's conviction of UNLAWFUL USE OF A FINANCIAL TRANSACTION CARD 
a Class A Misdemeanor, the defendant is sentenced to a term of 364 day(s) The total time 
suspended for this charge is 364 day(s). 
SENTENCE JAIL CONCURRENT/CONSECUTIVE NOTE 
The Court orders that should jail be imposed in the future, for violation of probation; cases 
211100527, 211100528, and 211100529 will run concurrently with each other, but consecutively to 
cases 211100532, 211100536, which are concurrent with each other. 
ORDER OF PROBATION 
The defendant is placed on probation for 24 month(s). 
Probation is to be supervised by CACHE COUNTY SHERIFF'S OFFICE. 
Defendant will enter into agreement with Probation and abide by all terms and conditions. 
Do not consume or possess any alcohol or drugs. Do not frequent any place where alcohol is 
served or consumed including bars, parties, liquor stores. 
Submit to alcohol & drug testing and urinalysis upon request of law enforcement, probation officer or 
substance abuse counselor. 
Complete Moral Reconation Therapy or cognitive behavioral course as directed by probation. 
Complete a substance abuse assessment and recommended treatment. 
Be compliant with the requirements for a medical marijuana card. 
Be employed, or in schooling, or community service, or a combination thereof, to be engaged up to 
40 hours per week. 
Complete mental health treatment at Bear River Mental Health. 
Zero tolerance probation. 
End Of Order - Signature at the Top of the First Page 
09-01-2021 09:22 AM 
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Case 3:21-md-02992-GPC-MSB     Document 350-56     Filed 10/24/24     PageID.11401 
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CASE NUMBER: 211100532 State Felony 
CERTIFICATE OF NOTIFICATION 
I certify that a copy of the attached document was sent to the following people for case 211100532 
by the method and on the date specified. 
EMAIL: COUNTY PROBATION probation@cachesheriff.org 
09/01/21 
/s/ JANET REESE 
Date: _______ _ 
Signature 
09-01-2021 09:22 AM 
Page 3 of 3 
Case 3:21-md-02992-GPC-MSB     Document 350-56     Filed 10/24/24     PageID.11402 
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STATF OF IITAH I" __ C'' 
COUNTY UF 
~ 
_JI:> 0 
1 hereby certify that the document to 
which this certificate is attached 1s a 
full, true and correct copy of th~ 
original filed in the Utah State Courts. 
WITN,Ir; my hand a11d seal 
:'= 
this 
day of 
&cl , ill •~ 
20-Z,.':(._. 
-d 
FIRST DISTRICT - CACHE 
-
rn_sr_R_,c_r,_Ju,.,vE::::N~IL~E C;..D+U-J.RT¼la-----CLffi'f-CHE COUNTY, STATE OF UTAH 
~ 
MINUTES 
STATE OF UTAH, 
Plaintiff, 
SENTENCE, JUDGMENT, COMMITMENT 
vs. 
JORDAN TYMOTHY ADERS, 
Defendant. 
PRESENT 
Clerk: janetfr 
Prosecutor: HARMS, CLARK 
Defendant Present 
The defendant is not in custody 
Defendant's Attorney(s): MCGINNIS, MICHAEL 
DEFENDANT INFORMATION 
Date of birth: 
 
Audio 
Case No: 211100528 FS 
Judge: ANGELA FONNESBECK 
Date: August 23, 2021 
Tape Number: Courtroom 1 Tape Count: 4:28-4:51 
CHARGES 
2. UNLAWFUL ACQUISITION OF A FINANCIAL CARD WITHOUT CONSENT (amended) - Class A 
Misdemeanor Plea: Guilty - Disposition: 05/24/21 Guilty 
3. UNLAWFUL ACQUISITION OF A FINANCIAL CARD WITHOUT CONSENT - 3rd Degree Felony 
Plea: Guilty - Disposition: 05/24/21 Guilty 
7. BURGLARY OF A VEHICLE - Class A Misdemeanor Plea: Guilty- Disposition: 05/24/21 Guilty 
HEARING 
Cases called: 211100527, 211100528, 211100529, 211100532, 211100536. 
Defendant is present for sentencing. Counsel give their statements and recommendations for 
sentencing. 
The defendant addresses the Court. 
The Court imposes sentence: 
09-01-2021 09:22 AM 
Page 1 of 4 
Case 3:21-md-02992-GPC-MSB     Document 350-56     Filed 10/24/24     PageID.11403 
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CASE NUMBER: 211100528 State Felony 
SENTENCE PRISON 
Based on the defendant's conviction of UNLAWFUL ACQUISITION OF A FINANCIAL CARD 
WITHOUT CONSENT a 3rd Degree Felony, the defendant is sentenced to an indeterminate term of 
not to exceed five years in the Utah State Prison. 
The prison term is suspended. 
SENTENCE JAIL 
Based on the defendant's conviction of UNLAWFUL ACQUISITION OF A FINANCIAL CARD 
WITHOUT CONSENT a Class A Misdemeanor, the defendant is sentenced to a term of 364 day(s) 
The total time suspended for this charge is 364 day(s). 
Based on the defendant's conviction of BURGLARY OF A VEHICLE a Class A Misdemeanor, the 
defendant is sentenced to a term of 364 day(s) The total time suspended for this charge is 364 
day(s). 
SENTENCE JAIL CONCURRENT/CONSECUTIVE NOTE 
The Court orders that should jail be imposed in the future, for violation of probation, that cases 
211100527, 211100528, and 211100529 will run concurrently with each other, but consecutively to 
cases211100532,211100536. 
Restitution Amount: $40.00 Plus Interest 
Pay in behalf of: AN DAL YN HALL 
ORDER OF PROBATION 
The defendant is placed on probation for 24 month(s). 
Probation is to be supervised by CACHE COUNTY SHERIFF'S OFFICE. 
Defendant will enter into agreement with Probation and abide by all terms and conditions. 
Do not consume or possess any alcohol or drugs. Do not frequent any place where alcohol is 
served or consumed including bars, parties, liquor stores. 
Submit to alcohol & drug testing and urinalysis upon request of law enforcement, probation officer or 
substance abuse counselor. 
Complete Moral Reconation Therapy or cognitive behavioral course as directed by probation. 
Complete a substance abuse assessment and recommended treatment. 
Be compliant with the requirements for a medical marijuana card. 
Be employed, or in schooling, or community service, or a combination thereof, to be engaged up to 
40 hours per week. 
Complete mental health treatment at Bear River Mental Health. 
Zero tolerance probation. 
Pay $40 restitution to Andalyn Hall, through First District Court, for case 211100528. The cash bail 
received in case 211100527 of $40 is ordered to be forfeited to the restitution in this case. 
09-01-2021 09:22 AM 
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Case 3:21-md-02992-GPC-MSB     Document 350-56     Filed 10/24/24     PageID.11404 
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• 
CASE NUMBER: 211100528 State Felony 
End Of Order• Signature at the Top of the First Page 
09-01-2021 09:22 AM 
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Case 3:21-md-02992-GPC-MSB     Document 350-56     Filed 10/24/24     PageID.11405 
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• 
CASE NUMBER: 211100528 State Felony 
CERTIFICATE OF NOTIFICATION 
I certify that a copy of the attached document was sent to the following people for case 211100528 
by the method and on the date specified. 
EMAIL: COUNTY PROBATION probation@cachesheriff.org 
09/01/21 
/s/ JANET REESE 
Date: _______ _ 
Signature 
09-01-2021 09:22 AM 
Page 4 of 4 
Case 3:21-md-02992-GPC-MSB     Document 350-56     Filed 10/24/24     PageID.11406 
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STATE OF UTAH, 
vs. 
IN THE FIRST JUDICIAL DISTRICT COURT 
CACHE COUNTY, STATE OF UTAH 
Plaintiff, 
Defendant. 
STATEMENT OF DEFENDANT 
IN SUPPORT OF GUILTY PLEA 
AND CERTIFICATEOF COUNSEL 
Case No. '.q. ) 11 oo'po)q_ 
Judge: 
<;;t\llOO>~'t 0 
ol 11' 0 5~~ 
I. ::;s-:0T"Glci.\'\ ~ 
~ 
. hereby acknowledge and certify that I have been advised 
of and that I understand the following facts and rights: 
Waiver of Preliminary Hearing 
I understand that I am waiving my right to a preliminary hearing. A preliminary hearing is a 
procedure to determine probable cause and to inform an accused of the charges against him or her. 
Competent evidence which shows probable cause that the charged crime was committed and that the 
defendant committed it is sufficient to hold an accused to answer. The evidence does not have to be 
sufficient for a conviction at trial. 
I understand that at a preliminary hearing. an accused has the right to be represented by 
counsel. If an accused cannot afford an attorney. one will be appointed to represent him or her. 
I understand that an accused may call and compel witnesses to testify on his or her behalf, 
and confront and cross examine any witnesses the state may call to testify. I understand that an 
accused may testify on his or her behalf, or remain silent and say nothing. In order to proceed with 
my plea today, I waive my preliminary hearing. 
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lloOS~fA. 
ltoos,Q3. 
IIOO'SS'fc. 
D. 
Notification of Charges 
I am pleading guilty or no contest to the following crime(s): 
Crime & Statutory 
Provision 
Degree 
-rbe.PJ- b
1v ~,'v,11-5 ~ 
~~~~{fa-Jd3p 
-:me£-\ 
frM 
Code 
Punishment: Min/Max 
and/or Minimum Mandatory 
I have received a copy of the (Amended) Information against me. I have read it, or had it 
read to me, and I understand the nature and the elements of crime(s) to which I am pleading guilty or 
no contest. 
The elements of the crime(s) to which I am pleading guilty or no contest are: 
C(Y1 
I understand that by pleading guilty I will be admitting that I committed the crime(s) listed 
above. Or, if! am pleading no contest, I am not contesting that I committed the foregoing crime(s). 
I stipulate and agree or, if I am pleading no contest, I do not dispute or contest that the following 
facts describe my conduct and the conduct of other persons for which I am criminally liable. These 
facts provide a basis for the court to accept my guilty or no contest plea and prove the elements of 
the crime(s) to which I am pleading guilty or no contest: 
2 
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Waiver of Constitutional Rights 
I am entering this plea voluntarily. I understand that I have the following rights under the 
constitutions of Utah and of the United States. I also understand that ifI plead guilty or no contest, I 
will give up all the following rights: 
Counsel: I know that I have the right to be represented by an attorney and that if I cannot 
afford one, an attorney will be appointed by the court at no cost to me. I understand that I might 
later, if the judge determined that I was able, be required to pay for the appointed lawyer's service to 
me. 
I (have not) (have) waived my right to counsel. !fl have waived my right to counsel, 
I have done so knowingly, intelligently, and volw1tarily for the following reasons: 
If I have waived my right to counsel, I certify that I have read this statement and that I 
understand the nature and elements of the charge(s) and crime(s) to which I am pleading guilty orno 
contest. I also understand my rights in this case and other cases and the consequences of my guilty 
or no contest plea(s). 
!fl have not waived my right to counsel, my attorney is __________ _ 
My attorney and I have fully discussed this statement, my rights, and the consequences ofmy guilty 
or no contest plea(s). 
Jury Trial. I know that I have a right to a speedy and public trial by an impartial (unbiased) 
jury and that I will be giving up that right by pleading guilty or no contest. 
Confrontation and cross-examination of witnesses. I know that ifl were to have a jury trial, a) I 
would have the right to see and observe the witnesses who testified against me and b) my attorney, 
or myself, ifI waived my right to an attorney, would have the opportunity to cross-examine all of the 
witnesses who testified against me. 
Right to compel witnesses, I know that ifl were to have a jury trial, I could call witnesses if 
I chose to, and I would be able to obtain subpoenas requiring the attendance and testimony of those 
witnesses. If I could not afford to pay for the witnesses to appear, the state would pay those costs. 
Right to testify and privilege against self-incrimination. I know that if I were to have a 
jury trial, I would have the right to testify on my own behalf. I also know that ifl chose not to 
testify, no one could make me testify or make me give evidence against myself. I also know that if I 
chose not to testify, the jury would be told that they could not hold my refusal to testify against me. 
Presumption of innocence and burden of proof. I know that ifl do not plead guilty or no 
3 
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contest, I am presumed innocent until the state proves that I am guilty of the charged crime(s). !fl 
choose to fight the charges against me, I need only plead "not guilty," and my case will be set for a 
trial. At a trial, the state would have the burden of proving each element of the charge(s) beyond a 
reasonable doubt. If the trial is before a jury, the verdict must be unanimous, meaning that each 
juror would have to find me guilty. 
I understand that if! plead guilty or no contest, I give up the presumption of innocence and 
will be admitting that I committed the crime(s) stated above. 
Appeal. I know that under the Utah Constitution, if! were convicted by a jury or judge, I 
would have the right to appeal my conviction and sentence. If I could not afford the costs of an 
appeal, the state would pay those costs for me. I understand that I am giving up my right to appeal 
my conviction if! plead guilty or no contest. 
I know and understand that by pleading guilty or no contest I am waiving and giving up 
all the statutory and constitutional rights as explained above. 
Consequences of Entering a Guilty or No Contest Plea 
Potential penalties. I know the maximum sentence that may be imposed for each crime to 
which I am pleading guilty or no contest. I know that by pleading guilty or no contest to a crime that 
carries a mandatory penalty, I will be subjecting myself to serving a mandatory penalty for that 
crime. I know my sentence may include a prison term, fine, or both. 
I know that in addition to a fine, a ninety percent (90%) surcharge will be imposed. I also 
know that I may be ordered to make restitution to any victim(s) of my crime(s), including any 
restitution that may be owed on charges that are dismissed as part of a plea agreement. 
Consecutive/concurrent prison terms. I know that if there is more than one crime 
involved, the sentences may be imposed one after another (consecutively), or they may run at the 
same time (concurrently). I know that I may be charged an additional fine for each crime that I 
plead to. I also know that ifl am on probation or parole, or awaiting sentencing on another offense 
of which I have been convicted or which I have plead guilty or no contest, my guilty or no contest 
plea(s) now may result in consecutive sentences being imposed on me. If the offense to which I am 
now pleading guilty or no contest occurred when I was imprisoned or on parole, I know the law 
requires the court to impose consecutive sentences unless the court finds and states on the record that 
consecutive sentences would be inappropriate. 
Immigration Status: I understand and acknowledge that ifl am in the United States illegally 
or without the proper documentation, my guilty or no contest plea may affect my immigration status 
in the United States. I also understand that neither my attorney nor the Judge is an expert in 
4 
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Page 12 of 15

immigration law and I have been advised that I can consult with an immigration attorney at my own 
expense before entering a plea of guilty or no contest. By my guilty orno contest plea(s) I waive the 
opportunity to talk with an immigration attorney. 
Plea bargain. My guilty or no contest plea(s) (is/are) (is not/are not) the result of a plea 
bargain between myself and the prosecuting attorney. All the promises, duties, and provisions of the 
plea bargain, if any, are fully contained in this statement, including those explained below: 
Trial judge not bound. I know that any charge or sentencing concession or 
recommendation of probation or suspended sentence, including a reduction of the charges for 
sentencing, made or sought by either defense counsel or the prosecuting attorney are not binding on 
the judge. I also know that any opinions they express to me as to what they believe the judge may 
do are not binding on the judge. 
5 
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Defendant's Certification of Voluntariness 
I am entering this plea of my own free will and choice. No force, threat, or unlawful 
influence of any kind has been made to get me to plead guilty or no contest. No promises except 
those contained in this statement have been made to me. 
I have read this statement, or I have had it read to me by my attorney, and I understand its 
contents and adopt each statement in it as my own. I know that I am free to change or delete 
anything contained in this statement, but I do not wish to make any changes because all of the 
statements are correct. 
I am satisfied with the advice and assistance of my attorney. 
I am U:)years of age. I have attended school through the I 4-1 "- grade. I can read and 
understand the English language. Ifl do not understand English, an interpreter has been provided to 
me. I was not under the influence of any drugs, medication, or intoxicants which would impair my 
judgment when I decided to plead guilty or no contest. I am not presently under the influence of any 
drug, medication, or intoxicants which impair my judgment. 
I believe myself to be of sound and discerning mind and to be mentally capable of 
understanding these proceedings and the consequences of my plea. I am free of any mental disease, 
defect, or impairment that would prevent me from understanding what I am doing or from 
knowingly, intelligently, and voluntarily entering my plea. 
I understand that if' I want to withdraw my guilty or no contest plea(s), I must file a 
written motion to withdraw my plea(s) before sentence is announced. I understand that for a 
plea held in abeyance, a motion to withdraw from the plea agreement must be made within 30 
days of pleading guilty or no contest. I will only be allowed to withdraw my plea ifl show that 
it was not knowingly and voluntarily made. I understand that any challenge to my plea(s) 
made after sentencing must be pursued under the Post-Conviction Remedies Act in Title 78, 
Chapter 35a, and Rule 65C of the Utah Rules of Civil Procedure. 
• 
Dated this '1...t 
day of--"/......_A""c;."""f1{-----'' 201,_f_. 
6 
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• 
Certificate of Defense Attorney 
I certify that I am the attorney for ___________ __, the defendant above, 
and that I know he/she has read the statement or that I have read it to him/her; I have discussed it 
with him/her and believe that he/she fully understands the meaning of its contents and is mentally 
and physically competent. 
To the best of my knowledge and belief, after an appropriate 
investigation, the elements of the crime(s) and the factual synopsis of the defendant's criminal 
conduct are correctly stated; and these, along with the other representations and declarations made 
by the defendant in the foregoing affidavit, are accurate ~A~,..... 
/V!JJ(". ~~r 
Attorney for Defendant 
Bar No. 
/ Q:i5't > 
Certificate of Prosecuting Attorney 
I certify that I am the attorney for the State of Utah in the case against 
--------~ defendant. I have reviewed this Statement of Defendant and find that the 
factual basis of the defendant's criminal conduct which constitutes the offense(s) is true and correct 
No improper inducements, threats, or coercion to encourage a plea have been offered defendant. 
The plea negotiations are fully contained in the statement and in the attached Plea Agreement or as 
supplemented on the record before the court. There is reasonable cause to believe that the evidence 
would support the conviction of defendant for the offense(s) for which the plea(s) is/are entered and 
that the acceptance of the plea(s) would serve the public interest. 
f'-iMc. Jh~:, ~~ 
Prosecuting Attorney 
Bar No. ____ _ 
ORDER 
Based on the facts set forth in the foregoing statement and the certification of the defendant 
and counsel, and based on any oral representations in court, the court witnesses the signatures and 
finds that defendant's guilty or no contest plea(s) is/are freely, knowingly, and voluntarily made. 
IT IS HEREBY ORDERED that the defendant's guilty or no contest plea(s) to the crime(s) 
set forth in the statement be accepted and entered. 
Dated this M day of m~ 
, 2..D._'2_\ 
~lm~~Fo~TAH Cack-e, 
I hereby certify that the document to 
which this certificate is attached is a 
full, true and correct copy of the 
original filed in the Utah State Courts. 
WI~~}; my hand a~~~ea}.~.L 
this z. 
day Of-,c=,==;t"~=<CL.--
20 
. 
DISTRICT/JUVENILE COURT 
----';~~(:d,!,,ld:!,C!:::'1-------CLERK 
7 
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