Court filing
Exhibit 76 — In re Bank of America California Unemployment Benefits Litigation (Dkt. 350-77, S.D. Cal. No. 3:21-md-02992)
Filed October 24, 2024 in In re Bank of America California Unemployment Benefits Litigation; one of 1415 filings from this case.
Record facts
| Court | U.S. District Court for the Southern District of California |
|---|---|
| Filed | 2024-10-24 |
U.S. District Court for the Southern District of California · No. 3:21-md-02992-GPC-MSB · Doc. 350-77 · 2024-10-24 · Docket on CourtListener
Full text
EXHIBIT 76 Case 3:21-md-02992-GPC-MSB Document 350-77 Filed 10/24/24 PageID.11481 Page 1 of 6 PLAINTIFF’S OBJECTIONS AND SUPPLEMENTAL RESPONSES TO BANA’S FIRST SET OF INTERROGATORIES AND ADMISSIONS Case No. 3:21-md-02992-LAB-MSB 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 Case No. 3:21-md-02992-LAB-MSB PLAINTIFF SEANTE GLASSFLOWERS’ OBJECTIONS AND SUPPLEMENTAL RESPONSES TO BANK OF AMERICA, N.A.’S FIRST SET OF INTERROGATORIES AND ADMISSIONS This Document Relates to All Actions Judge: Hon. Gonzalo P. Curiel Case 3:21-md-02992-GPC-MSB Document 350-77 Filed 10/24/24 PageID.11482 Page 2 of 6 PLAINTIFF’S OBJECTIONS AND SUPPLEMENTAL RESPONSES TO BANA’S FIRST SET OF INTERROGATORIES AND ADMISSIONS Case No. 3:21-md-02992-LAB-MSB 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 does not recall the dates of her EDD benefits, but she recalls that she began receiving benefits from the start of the COVID-19 Pandemic until the end of the COVID-19 Pandemic when she had to return to work (around 2022). She worked as an independent contractor for Instawork as a Chef. She made between $24,000.000-$48,000.00 the six months prior to applying for EDD benefits. She 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, or control. Accordingly, Plaintiff will provide information relating to whether Plaintiff requested to receive EDD BENEFITS by check from January 1, 2020 to present. Case 3:21-md-02992-GPC-MSB Document 350-77 Filed 10/24/24 PageID.11483 Page 3 of 6 PLAINTIFF’S OBJECTIONS AND SUPPLEMENTAL RESPONSES TO BANA’S FIRST SET OF INTERROGATORIES AND ADMISSIONS Case No. 3:21-md-02992-LAB-MSB 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 EDD advising her via phone that she would be receiving her benefits by paper check once her account was found to be compromised and they were investigating. However, she does not recall the date of that phone call. In addition, she was told that she would be receiving all future payments by check until her benefits ended. 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 to time and to the extent it seeks information that is neither relevant to any claim or defense in this action, nor proportional to the needs of this case. Case 3:21-md-02992-GPC-MSB Document 350-77 Filed 10/24/24 PageID.11484 Page 4 of 6 PLAINTIFF’S OBJECTIONS AND SUPPLEMENTAL RESPONSES TO BANA’S FIRST SET OF INTERROGATORIES AND ADMISSIONS Case No. 3:21-md-02992-LAB-MSB 26 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. 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 350-77 Filed 10/24/24 PageID.11485 Page 5 of 6 In re Bank of America California Unemployment Benefits Litigation Case No. 3:21-md-02992-LAB-MSB VERIFICATION I, chef SeanteGlassFlower,.sdeclare: 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 15 2024 17:28 PDT Case 3:21-md-02992-GPC-MSB Document 350-77 Filed 10/24/24 PageID.11486 Page 6 of 6
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