Declaration of Gayle M. Blatt in Support of Plaintiffs' Ex Parte Request — In re BofA Unemployment Litigation (Dkt. 369-1)

Record facts

U.S. District Court for the Southern District of California · No. 3:21-md-02992-GPC-MSB · Doc. 369-1 · 2024-11-19 · Docket on CourtListener

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DECLARATION OF GAYLE M. BLATT IN SUPPORT OF PLAINTIFFS’ EX 
PARTE REQUEST TO EXTEND PAGE LIMITS FOR PLAINTIFFS’ REPLY IN 
SUPPORT OF MOTION FOR CLASS CERTIFICATION 
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JOSEPH W. COTCHETT (SBN 36324) 
jcotchett@cpmlegal.com 
BRIAN DANITZ (SBN 247403) 
bdanitz@cpmlegal.com 
KARIN B. SWOPE (Pro Hac Vice) 
kswope@cpmlegal.com 
BLAIR V. KITTLE (SBN 336367) 
bkittle@cpmlegal.com 
VASTI S. MONTIEL (SBN 346409) 
vmontiel@cpmlegal.com 
COTCHETT, PITRE & McCARTHY, LLP 
840 Malcolm Road, Suite 200 
Burlingame, CA 94010 
Telephone: (650) 697-6000 
Fax: (650) 697-0577 
MICHAEL RUBIN (SBN 80618) 
mrubin@altber.com 
STACEY M. LEYTON  
(SBN 203827) 
sleyton@altber.com 
CONNIE K. CHAN (SBN 284230) 
cchan@altber.com 
KATHERINE G. BASS  
(SBN 344748) 
kbass@altber.com 
COLIN C. JONES (SBN 354301) 
cjones@altber.com 
ALTSHULER BERZON LLP 
177 Post Street, Suite 300 
San Francisco, CA 94108 
Telephone: (415) 421-7151 
  Fax: (415) 362-8064 
 
Co-Lead Counsel for Plaintiffs and the Proposed Class 
 
UNITED STATES DISTRICT COURT 
SOUTHERN DISTRICT OF CALIFORNIA 
SAN DIEGO DIVISION 
 
IN RE BANK OF AMERICA 
CALIFORNIA UNEMPLOYMENT 
BENEFITS LITIGATION 
 
This Document Relates to All Actions 
Case No. 3:21-md-02992-GPC-MSB 
 
DECLARATION OF GAYLE M. 
BLATT IN SUPPORT OF 
PLAINTIFFS’ EX PARTE REQUEST 
TO EXTEND PAGE LIMITS FOR 
PLAINTIFFS’ REPLY IN SUPPORT 
OF MOTION FOR CLASS 
CERTIFICATION 
 
Courtroom: 2D, Second Floor 
Judge: Hon. Gonzalo P. Curiel 
Case 3:21-md-02992-GPC-MSB     Document 369-1     Filed 11/19/24     PageID.13768 
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3:21-md-02992-GPC-MSB 
DECLARATION OF GAYLE M. BLATT IN SUPPORT OF PLAINTIFFS’ EX 
PARTE REQUEST TO EXTEND PAGE LIMITS FOR PLAINTIFFS’ REPLY IN 
SUPPORT OF MOTION FOR CLASS CERTIFICATION 
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I, Gayle M. Blatt, hereby declare as follows. 
1. 
I am an attorney licensed to practice law in the State of California and am 
admitted to this Court. I am a partner in the law firm of Casey Gerry Schenk 
Francavilla Blatt & Penfield LLP and am one of the counsel of record for Plaintiffs in 
this matter.  
2. 
I submit this Declaration in support of Plaintiffs’ Ex Parte Request to 
Extend Page Limits for Plaintiffs’ Reply in Support of Motion for Class Certification.  
3. 
Plaintiffs’ Reply Brief in Support of Plaintiffs’ Motion for Class 
Certification is due to be filed on November 21, 2024, in accordance with ECF No. 302.   
The currently ordered page limit is twenty (20) pages. ECF No. 306.  
4. 
 On November 18, 2024, at approximately 8:30 p.m. Co- Lead Counsel for 
Plaintiffs contacted Matthew Riffee, counsel for Defendant, and requested a stipulation 
to extend the page limit for Plaintiffs’ Reply Brief by ten pages to a total of thirty (30) 
pages.  On November 19, 2024, Plaintiffs’ Counsel were informed by Mr. Riffee that 
the Defendant was not agreeable to Plaintiffs’ request for an extension of the page limit 
for their Reply Brief, and that Defendant would oppose Plaintiffs’ request.   
5. 
On November 19, 2024, Plaintiffs’ Counsel notified Mr. Riffee of 
Plaintiffs’ intention to file this ex parte application to extend page limitations.  
6. 
Plaintiffs bring this application for good cause on the grounds that they 
require the additional pages to fully address the issues and arguments the Defendant 
raised in its opposition to plaintiffs’ class certification motion. In particular, 
Defendant’s opposition consists of the allotted forty-five (45) pages, and also includes 
five (5) expert reports, multiple declarations of Defendant’s personnel and one hundred 
twenty-two (122) exhibits, ECF Nos. 349, 350.  
7. 
Plaintiffs were not able to bring a fully noticed motion because Plaintiffs 
Reply Brief was and is scheduled to be filed less than thirty (30) days after the 
Case 3:21-md-02992-GPC-MSB     Document 369-1     Filed 11/19/24     PageID.13769 
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3:21-md-02992-GPC-MSB 
DECLARATION OF GAYLE M. BLATT IN SUPPORT OF PLAINTIFFS’ EX 
PARTE REQUEST TO EXTEND PAGE LIMITS FOR PLAINTIFFS’ REPLY IN 
SUPPORT OF MOTION FOR CLASS CERTIFICATION 
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Defendant filed its opposition brief, expert reports and exhibits, and the need for the 
excess pages was not known within the requisite time frame to bring a regularly noticed 
motion.  Upon recognition of the need for the additional pages, Plaintiffs’ Counsel 
promptly contacted counsel for Defendant to request a stipulation.  
8. 
Defendant will not suffer any prejudice if Plaintiffs’ ex parte request to 
extend the page limits is granted. Plaintiffs, on the other hand, will be prejudiced by a 
denial of their ex parte application, as addressing the totality of Defendant’s opposition 
to Plaintiffs’ motion for class certification, described in paragraph six above, warrants 
the allowance of pages in excess of the currently approved twenty (20).  
9. 
Plaintiffs respectfully request the Court extend the page limit for Plaintiffs’ 
Reply Brief in support of Plaintiffs’ Motion for Class Certification and allow Plaintiffs 
an additional ten (10) pages, for a total of thirty (30) pages. 
 
I declare under penalty of perjury under the laws of the United States that the 
foregoing is true and correct. Executed on this 19th day of November 2024, at San 
Diego, California. 
 
 
/s/ Gayle M. Blatt 
 
GAYLE M. BLATT 
 
Case 3:21-md-02992-GPC-MSB     Document 369-1     Filed 11/19/24     PageID.13770 
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3:21-md-02992-GPC-MSB 
DECLARATION OF GAYLE M. BLATT IN SUPPORT OF PLAINTIFFS’ EX 
PARTE REQUEST TO EXTEND PAGE LIMITS FOR PLAINTIFFS’ REPLY IN 
SUPPORT OF MOTION FOR CLASS CERTIFICATION 
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CERTIFICATE OF SERVICE 
I hereby certify that I electronically filed the foregoing with the clerk of the court 
for the United States District Court for the Southern District of California by using the 
CM/ECF system on November 19, 2024. I further certify that all participants in the case 
are registered CM/ECF users and that service will be accomplished by the CM/ECF 
system. I certify under penalty of perjury that the foregoing is true and correct. 
 
 
/s/ Cass L. Lazar 
 
Cass L. Lazar 
 
Case 3:21-md-02992-GPC-MSB     Document 369-1     Filed 11/19/24     PageID.13771 
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