Exhibit 75 — In re Bank of America California Unemployment Benefits Litigation (Dkt. 350-76, 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. 350-76 · 2024-10-24 · Docket on CourtListener

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EXHIBIT 75 
Case 3:21-md-02992-GPC-MSB     Document 350-76     Filed 10/24/24     PageID.11475 
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PLAINTIFF’S OBJECTIONS AND SUPPLEMENTAL RESPONSES TO
BANA’S FIRST SET OF INTERROGATORIES AND ADMISSIONS 
Case No. 3:21-md-02992-LAB-MSB 
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Joshua B. Swigart (SBN: 225557) 
Josh@SwigartLawGroup.com 
SWIGART LAW GROUP, APC 
2221 Camino del Rio S, Ste 308 
San Diego, CA  92108 
Telephone: (866) 219-3343 
Facsimile: (866) 219-8344 
Liaison Counsel for Individual Plaintiffs 
UNITED STATES DISTRICT COURT 
SOUTHERN DISTRICT OF CALIFORNIA 
IN RE BANK OF AMERICA CALIFORNIA 
UNEMPLOYMENT BENEFITS LITIGATION 
This Document Relates to All Actions 
Case No. 3:21-md-02992-LAB-MSB 
PLAINTIFF ROBERT MURPHY’S 
OBJECTIONS AND SUPPLEMENTAL 
RESPONSES TO BANK OF AMERICA, N.A.’S 
FIRST SET OF INTERROGATORIES AND 
ADMISSIONS 
Judge: Hon. Gonzalo P Curiel
Case 3:21-md-02992-GPC-MSB     Document 350-76     Filed 10/24/24     PageID.11476 
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PLAINTIFF’S OBJECTIONS AND SUPPLEMENTAL RESPONSES TO  
BANA’S FIRST SET OF INTERROGATORIES AND ADMISSIONS 
Case No. 3:21-md-02992-LAB-MSB 
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Plaintiff responds as follows: Plaintiff is willing to meet and confer with Defendant with respect 
to this Interrogatory. 
SUPPLEMENTAL RESPONSE TO INTERROGATORY NO. 1: 
Plaintiff incorporates by reference the Preliminary Statement and General Objections. 
Accordingly, Plaintiff will limit their response to the period from January 1, 2020, to 
present.  
Subject to and without waiving the foregoing objections, Plaintiff responds as follows: 
Plaintiff began receiving EDD Unemployment benefits around March of 2020.  He does not 
recall when his benefits ended. He worked as a boat mechanic prior to applying for benefits. His 
income fluctuated. He made between $10,000.00-$15,000.00 (ten thousand dollars to fifteen 
thousand dollars) in the six months prior to applying for EDD benefits. He received 
unemployment benefits.  
INTERROGATORY NO. 3: 
 
State the principal facts RELATING TO whether YOU have ever requested or attempted 
to request to receive EDD BENEFITS by check during the time period from August 1, 2016 to 
the present, or asked for information about requesting EDD BENEFITS by check, including 
when the request was made, whether the request was successful, the steps YOU took to make the 
request if it was unsuccessful, and the time period(s) during which YOU received EDD 
BENEFITS by check.  
RESPONSE TO INTERROGATORY NO. 3: 
Plaintiff incorporates by reference the Preliminary Statement and General Objections. 
 
Plaintiff objects to this Interrogatory to the extent it requests information regarding the 
“time period from August 1, 2016 to the present” as overly broad and not proportional to the 
needs of the case. Plaintiff further objects to this Interrogatory as compound and counting as 
multiple distinct interrogatories. Plaintiff further objects to this Interrogatory to the extent that it 
seeks information that is equally available to Defendant or is in Defendant’s possession, custody, 
Case 3:21-md-02992-GPC-MSB     Document 350-76     Filed 10/24/24     PageID.11477 
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PLAINTIFF’S OBJECTIONS AND SUPPLEMENTAL RESPONSES TO  
BANA’S FIRST SET OF INTERROGATORIES AND ADMISSIONS 
Case No. 3:21-md-02992-LAB-MSB 
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or control. Accordingly, Plaintiff will provide information relating to whether Plaintiff requested 
to receive EDD BENEFITS by check from January 1, 2020 to present. 
 
Subject to and without waiving the foregoing objections, Plaintiff responds as follows: 
Plaintiff did not request payment by check as all EDD benefits administered by Bank of America 
were required to be sent electronically. 
SUPPLEMENTAL RESPONSE TO INTERROGATORY NO. 3: 
Plaintiff incorporates by reference the Preliminary Statement and General Objections. 
Subject to and without waiving the foregoing objections, Plaintiff responds as follows: 
Plaintiff recalls the process to receive EDD benefits via check was frustrating as he had to verify 
his identity, and it was a long process. Once he was verified, he received the benefits via check 
about three weeks later. He received the paper checks until the end of his eligibility (he does not 
recall the date). 
INTERROGATORY NO. 4: 
 
State the principal facts RELATING TO whether YOU, or PERSONS acting on YOUR 
behalf, have ever authorized another PERSON to access or make TRANSACTIONS on YOUR 
ACCOUNT (including YOUR CARD), including IDENTIFYING that PERSON, the date(s) 
authority was given to that PERSON, the duration of their authority (i.e., whether that authority 
was ever revoked), the reason YOU gave that PERSON authority to use YOUR CARD, the 
intended purchase and/or purchase amount by the PERSON using YOUR CARD, and whether 
YOU disclosed YOUR pin to any other PERSON identified in response to this Interrogatory. 
RESPONSE TO INTERROGATORY NO. 4: 
 
Plaintiff incorporates by reference the Preliminary Statement and General Objections. 
 
Plaintiff objects to this Interrogatory as vague and ambiguous to the extent it asks for the 
principal facts “RELATING TO” whether YOU, or a PERSON acting on YOUR behalf, have 
ever “authorized” another person to “access . . . YOUR ACCOUNT.” Plaintiff also objects to 
this Interrogatory as compound and counting as multiple distinct interrogatories. Plaintiff further 
objects to this Interrogatory as overly broad and unduly burdensome because it is not limited as 
Case 3:21-md-02992-GPC-MSB     Document 350-76     Filed 10/24/24     PageID.11478 
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PLAINTIFF’S OBJECTIONS AND SUPPLEMENTAL RESPONSES TO  
BANA’S FIRST SET OF INTERROGATORIES AND ADMISSIONS 
Case No. 3:21-md-02992-LAB-MSB 
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REQUEST FOR ADMISSION NO. 6: 
 
Admit that YOUR personal information was compromised by a THIRD PARTY since 
January 2019. 
RESPONSE TO ADMISSION NO. 6: 
Plaintiff incorporates by reference the Preliminary Statement and General Objections. 
Plaintiff objects to the use of “compromised” and “was compromised . . . since” as vague 
and ambiguous. Plaintiff further objects to this Request as it is overbroad in that it requests 
information irrelevant to the issues in this litigation. 
Subject to and without waiving the foregoing objections, Plaintiff responds as follows: 
Plaintiff admits that the unauthorized transactions on Plaintiff’s EDD Debit Card account 
reflected a compromise of Plaintiff’s personal information. 
SUPPLEMENTAL RESPONSE TO ADMISSION NO. 6: 
Plaintiff incorporates by reference the Preliminary Statement and General Objections. 
Subject to and without waiving the foregoing objections, Plaintiff responds as follows: 
Plaintiff denies knowing his personal information was compromised by a third party since 
January 2019. However, he tried to use his card and all his money in the account was gone. He 
called Bank of America and was told his money was taken out in another town. Then, Plaintiff 
was locked out of his account. 
 
 
 
 
Dated:  July 17, 2024 
SWIGART LAW GROUP, APC 
 
By:  
 /s/ Joshua B. Swigart  
 
JOSHUA B. SWIGART 
 
 
 
Liaison Counsel for Individual Plaintiffs  
 
Case 3:21-md-02992-GPC-MSB     Document 350-76     Filed 10/24/24     PageID.11479 
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I, 
In re Bank of America California Unemployment Benefits Litigation 
Case No. 3:21-md-02992-LAB-MSB 
VERIFICATION 
Robert murphy 
, declare: 
I am one of the individual Plaintiffs in the above-entitled action, and I have been 
authorized to make this verification. 
I have read the foregoing responses to: 
1. SUPPLEMENTAL RESPONSES TO BANK OF AMERICA, N.A.'S 
FIRST SET OF INTERROGATORIES AND ADMISSIONS 
I know the contents thereof; the same is true of my own knowledge, except as to those 
matters which are therein stated on information and belief, and, as to those matters, I believe 
them to be true. 
I declare under penalty of perjury under the laws of the State of California that the 
foregoing is true and correct. 
Executed in the State of California on 
Jul 17 2024 00:05 PDT 
Case 3:21-md-02992-GPC-MSB     Document 350-76     Filed 10/24/24     PageID.11480 
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