Declaration of Connie K. Chan — In re Bank of America California Unemployment Benefits Litigation (Dkt. 378-2, 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. 378-2 · 2024-11-21 · Docket on CourtListener

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SUPP. CHAN DECL. IN SUPPORT OF PLAINTIFFS’ MOTION FOR CLASS 
CERTIFICATION 
Case No.: 3:21-md-02992-GPC-MSB
 
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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 
IN RE BANK OF AMERICA 
CALIFORNIA UNEMPLOYMENT 
BENEFITS LITIGATION 
Case No. 3:21-md-02992-GPC-MSB 
 
SUPPLEMENTAL DECLARATION OF 
CONNIE K. CHAN IN SUPPORT OF 
PLAINTIFFS’ MOTION FOR CLASS 
CERTIFICATION 
 
Judge: Hon. Gonzalo P. Curiel 
Ctrm:  2D (2nd Floor) 
Date: 
January 17, 2025 
 
Time:    1:30pm 
This Document Relates to All Actions 
 
 
 
Case 3:21-md-02992-GPC-MSB     Document 378-2     Filed 11/21/24     PageID.14232 
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SUPP. CHAN DECL. IN SUPPORT OF PLAINTIFFS’ MOTION FOR CLASS 
CERTIFICATION 
Case No.: 3:21-md-02992-GPC-MSB
 
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SUPPLEMENTAL DECLARATION OF CONNIE K. CHAN 
I, Connie K. Chan, hereby declare as follows: 
1. 
I am a partner at the law firm of Altshuler Berzon LLP, co-lead counsel for 
Plaintiffs and the putative classes in this action. I submit this supplemental declaration in 
support of Plaintiffs’ Motion for Class Certification. I have personal knowledge of the 
facts set forth in this declaration and if called as a witness in this action, I could and 
would testify competently to these facts. 
2. 
Attached hereto as Exhibit 158 is a true and correct copy of the Expert 
Rebuttal Report of William Abernathy in Support of Plaintiff’s Motion for Class 
Certification, and appendices thereto (“Abernathy Reb”). 
3. 
Attached hereto as Exhibit 159 is a true and correct copy of the Expert 
Rebuttal Report of J. Daniel Kreis in Support of Plaintiff’s Motion for Class 
Certification, and appendices thereto (“Regan Reb”). 
4. 
Attached hereto as Exhibit 160 is a true and correct copy of the Expert 
Rebuttal Report of Jane Cloninger in Support of Plaintiff’s Motion for Class 
Certification, and appendices thereto (“Cloninger Reb”). 
5. 
Attached hereto as Exhibit 161 is a true and correct copy of the Expert 
Rebuttal Report of Jay Minnucci in Support of Plaintiff’s Motion for Class Certification, 
and appendices thereto (“Minnucci Reb”). 
6. 
Attached hereto as Exhibit 162 is a true and correct copy of the Expert 
Rebuttal Report of Greg J. Regan, CPA/CFF, CFE in Support of Plaintiff’s Motion for 
Class Certification, and appendices thereto (“Regan Reb”). 
7. 
Attached hereto as Exhibit 163 is a true and correct copy of the Office of the 
Comptroller of the Currency (“OCC”) Civil Money Penalty Order against Bank of 
America, N.A., File No. AAENF-2022-22, filed on July 14, 2022. 
8. 
Attached hereto as Exhibit 164 is a true and correct copy of a document 
produced by the Bank in this action Bates-stamped BANA_EDD_MDL-00057504-06.  
Case 3:21-md-02992-GPC-MSB     Document 378-2     Filed 11/21/24     PageID.14233 
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SUPP. CHAN DECL. IN SUPPORT OF PLAINTIFFS’ MOTION FOR CLASS 
CERTIFICATION 
Case No.: 3:21-md-02992-GPC-MSB
 
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9. 
Attached hereto as Exhibit 165 is a true and correct copy of a document 
produced by the Bank in this action Bates-stamped BANA_EDD_MDL-00431011-14.  
10. 
Attached hereto as Exhibit 166 is a true and correct copy of a document 
produced by the Bank in this action Bates-stamped BANA_EDD_MDL-00205593-97.  
11. 
Attached hereto as Exhibit 167 is a true and correct copy of a document 
produced by the Bank in this action Bates-stamped BANA_EDD_MDL-00001199.  
12. 
Attached hereto as Exhibit 168 is a true and correct copy of a document 
produced by the Bank in this action Bates-stamped BANA_EDD_MDL-00166345. 
13. 
Attached hereto as Exhibit 169 is a true and correct copy of excerpts of a 
report titled, “US Contact Center Verticals: Finance,” published by ContactBabel in 
2024. 
14. 
Attached hereto as Exhibit 170 is a true and correct copy of the Declaration 
of William Golden, dated October 21, 2021, filed in this case and produced by the Bank 
in this action Bates-stamped BANA_EDD_MDL-00001361-63. 
15. 
Attached hereto as Exhibit 171 is a true and correct copy of excerpts of a 
document titled, “Response to State of California Electronic Benefits Payment | 
Solicitation RFP No. 65466, Vol I – EBP Service Proposal | MASTER COPY,” dated 
July 10, 2015, which was marked Exhibit 26 to Plaintiffs’ deposition of the Bank’s 
30(b)(6) designee, Robert Chestnut, taken on February 8, 2024. 
16. 
Attached hereto as Exhibit 172 is a true and correct copy of excerpts of a 
report titled, “The US Contact Center Decision-Makers’ Guide 2021,” 13th Edition, 
published by ContactBabel in 2021. 
17. 
Attached hereto as Exhibit 173 is a true and correct copy of excerpts of a 
report titled, “US Contact Center Verticals: Outsourcing,” published by ContactBabel in 
2024. 
18. 
Attached hereto as Exhibit 174 is a true and correct copy of a document 
produced by the Bank in this action Bates-stamped BANA_EDD_MDL-00001044. 
Case 3:21-md-02992-GPC-MSB     Document 378-2     Filed 11/21/24     PageID.14234 
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SUPP. CHAN DECL. IN SUPPORT OF PLAINTIFFS’ MOTION FOR CLASS 
CERTIFICATION 
Case No.: 3:21-md-02992-GPC-MSB
 
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19. 
Attached hereto as Exhibit 175 is a true and correct copy of a letter from 
Bank Counsel re “In re BANA California Unemployment Litig. - Call center data,” sent 
on February 2, 2024. 
20. 
Attached hereto as Exhibit 176 is a true and correct copy of excerpts of a 
report titled, “Avaya Call Management System Database Items and Calculations,” 
published July 2016. 
21. 
Attached hereto as Exhibit 177 is a true and correct copy of a document 
produced by the Bank in this action Bates-stamped BANA_EDD_MDL-00190443-44. 
22. 
Attached hereto as Exhibit 178 is a true and correct copy of a document 
produced by the Bank in this action Bates-stamped BANA_EDD_MDL-00056916, which 
has been partially redacted to protect confidential and personal identifying information. 
23. 
Attached hereto as Exhibit 179 is a true and correct copy of excerpts from 
the transcript of Plaintiffs’ deposition of the Bank’s 30(b)(6) designee, Robert Chestnut, 
taken on February 8, 2024 (“Chestnut Tr.”). 
24. 
Attached hereto as Exhibit 180 is a true and correct copy of excerpts from 
the transcript of Plaintiffs’ deposition of the Bank’s 30(b)(6) designee, Jennifer Lennon, 
taken on February 23, 2024 (“Lennon Tr.”). 
25. 
Attached hereto as Exhibit 181 is a true and correct copy of excerpts of 
Plaintiff Candace Koole’s Objections and Supplemental Responses to Bank of America 
N.A.’s First Set of Interrogatories (Rog No. 5). 
26. 
Attached hereto as Exhibit 182 is a true and correct copy of excerpts of 
Plaintiff Lindsay McClure’s Supplemental Objections and Responses to Bank of America 
N.A.’s First Set of Interrogatories (Rog No. 5). 
27. 
Attached hereto as Exhibit 183 is a true and correct copy of excerpts of 
Plaintiff Vanessa Rivera’s Objections and Supplemental Responses to Bank of America 
N.A.’s First Set of Interrogatories (Rog No. 3). 
 
Case 3:21-md-02992-GPC-MSB     Document 378-2     Filed 11/21/24     PageID.14235 
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SUPP. CHAN DECL. IN SUPPORT OF PLAINTIFFS’ MOTION FOR CLASS 
CERTIFICATION 
Case No.: 3:21-md-02992-GPC-MSB
 
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I declare under penalty of perjury that that the foregoing is true and correct.  
Executed this 21st day of November, 2024 in Burlingame, California. 
 
 
 
 
 
 
s/ Connie K. Chan  
 
 
 
 
 
 
Connie K. Chan 
 
Case 3:21-md-02992-GPC-MSB     Document 378-2     Filed 11/21/24     PageID.14236 
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