Declaration of Laura G. Brys — In re Bank of America California Unemployment Benefits Litigation (Dkt. 370-1, 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. 370-1 · 2024-11-19 · 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 G. 
BRYS IN SUPPORT OF 
DEFENDANT’S OPPOSITION TO 
PLAINTIFFS’ MOTION FOR 
CLASS CERTIFICATION 
 
  
Case 3:21-md-02992-GPC-MSB     Document 370-1     Filed 11/19/24     PageID.13778 
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BRYS DECL. ISO OPP. TO OVERSIZED 
REPLY 
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CASE NO. 21-MD-02992-GPC-MSB 
 
 
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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 Ex Parte Application (the “Application”) to File a 30-Page Reply Brief.  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. 
4. 
On February 28, 2024, counsel for BANA sent an email to Plaintiffs’ 
counsel, proposing page limits of thirty-five pages for the class certification motion 
and opposition, and fifteen pages for reply.  Alternatively, in that email, counsel for 
BANA stated that BANA would not oppose a request for forty-five pages for the 
motion and opposition, and twenty pages for reply (the “Agreed Limits”).  The 
parties, thus, agreed nine months ago to the Agreed Limits. 
5. 
On July 24, 2024, Plaintiffs’ counsel sent an email “following up on our 
prior agreement regarding page limits” and emailed a draft Joint Motion to expand 
page limits for the class certification briefs to the Agreed Limits (45-45-20) from 
February.  Plaintiffs’ counsel then filed the Joint Motion, which the Court entered, 
with BANA’s consent. 
6. 
On October 28, 2024, Plaintiffs’ counsel sent an email stating that 
Plaintiffs intended to seek a two-week extension of their class certification reply 
deadline. 
7. 
On October 29, 2024, counsel for BANA responded, requesting a copy 
of the proposed motion and grounds for requesting an extension to assess whether 
BANA can consent to Plaintiffs’ request.  Plaintiffs never provided a copy of the 
Case 3:21-md-02992-GPC-MSB     Document 370-1     Filed 11/19/24     PageID.13779 
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BRYS DECL. ISO OPP. TO CLASS CERT 
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CASE NO. 21-MD-02992-GPC-MSB 
 
  
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motion or grounds for the extension of time. 
8. 
On November 18, 2024 at 8:28 p.m., Plaintiffs’ counsel advised BANA 
via email that they intended to seek a 10-page expansion of page limits for their reply 
brief. 
9. 
On November 19, 2024 at 10:55 a.m., counsel for BANA advised 
Plaintiffs’ counsel via email that BANA opposed their requested relief. 
10. 
The parties had agreed to the 45-45-20 Agreed Limits since February 
2024.  We do not believe good cause exists to expand the Agreed Limits based on 
Plaintiffs’ Application. 
 
I declare under the penalty of perjury that the foregoing is true and correct. 
Executed on this 19th day of November, 2024. 
 
 
By: 
s/ Laura G. Brys 
 
LAURA G. BRYS 
 
Case 3:21-md-02992-GPC-MSB     Document 370-1     Filed 11/19/24     PageID.13780 
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