Exhibit 15 — In re Bank of America California Unemployment Benefits Litigation (Dkt. 386-5, S.D. Cal. No. 3:21-md-02992)

Record facts

U.S. District Court for the Southern District of California · No. 3:21-md-02992-GPC-MSB · Doc. 386-5 · 2024-12-02 · Docket on CourtListener

Full text

Corrected 
Exhibit 15
Case 3:21-md-02992-GPC-MSB     Document 386-5     Filed 12/02/24     PageID.20592 
Page 1 of 10

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          THE UNITED STATES DISTRICT COURT
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           SOUTHERN DISTRICT OF CALIFORNIA
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IN RE BANK OF AMERICA       )
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CALIFORNIA UNEMPLOYMENT     ) Case No.:
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BENEFITS LITIGATION         ) 3:21-md-02992-LAB-MSB
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----------------------------)
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  ************************************************
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            VIDEOTAPED ORAL DEPOSITION OF
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                BANK OF AMERICA, N.A.
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    BY AND THROUGH ITS DESIGNATED REPRESENTATIVE
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                 ROBERT A. CHESTNUT
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                  FEBRUARY 8, 2024
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  ************************************************
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     On the 8th day of February, 2024, at 9:09 a.m.,
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the videotaped oral deposition of the above-named
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witness was taken at the instance of the Class
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Plaintiffs, before Michelle L. Munroe, Certified
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Shorthand Reporter in and for the State of Texas, at
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Jones Day, 2727 N. Harwood Street, Suite 500, Dallas,
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Texas, pursuant to Notice and the agreement
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hereinafter set forth.
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Case 3:21-md-02992-GPC-MSB     Document 386-5     Filed 12/02/24     PageID.20593 
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                A  P  P  E  A  R  A  N  C  E  S
2
F O R  T H E  P L A I N T I F F S  A N D  T H E  P R O P O S E D  C L A S S :
3
     A n d r e w  F .  K i r t l e y
     B l a i r  K i t t l e
4
     B r i a n  D a n i t z   ( v i a  Z o o m )
     K a r i n  B .  S w o p e   ( v i a  Z o o m )
5
     C O T C H E T T  P I T R E  &  M C C A R T H Y ,  L L P
     8 4 0  M a l c o l m  R o a d
6
     S u i t e  2 0 0
     B u r l i n g a m e ,  C a l i f o r n i a   9 4 0 1 0
7
     a k i r t l e y @ c p m l e g a l . c o m
     b k i t t l e @ c p m l e g a l . c o m
8
          -  A N D  -
9
     S t a c e y  M .  L e y t o n   ( v i a  Z o o m )
1 0
     C o n n i e  K .  C h a n   ( v i a  Z o o m )
     M i c h a e l  R u b i n   ( v i a  Z o o m )
1 1
     A L T S H U L E R  B E R Z O N  L L P
     1 7 7  P o s t  S t r e e t
1 2
     S u i t e  3 0 0
     S a n  F r a n c i s c o ,  C a l i f o r n i a   9 4 1 0 8
1 3
     s l e y t o n @ a l t b e r . c o m
     c c h a n @ a l t b e r . c o m
1 4
1 5
F O R  B A N K  O F  A M E R I C A ,  N . A .  A N D  T H E  W I T N E S S :
1 6
     L i n d s a y  E .  H o y l e
     A n n e  B a y l y  B u c k
1 7
     G O O D W I N  P R O C T E R  L L P
     T h e  N e w  Y o r k  T i m e s  B u i l d i n g
1 8
     6 2 0  E i g h t h  A v e n u e
     N e w  Y o r k ,  N e w  Y o r k   1 0 0 1 8
1 9
     l h o y l e @ g o o d w i n l a w . c o m
     a b u c k @ g o o d w i n l a w . c o m
2 0
2 1
F O R  T H E  I N D I V I D U A L  P L A I N T I F F S :
2 2
     J o s h u a  B .  S w i g a r t   ( v i a  Z o o m )
     I l a n a  P l a t k i e w i c z   ( v i a  Z o o m )
2 3
     S W I G A R T  L A W  G R O U P  A P C
     2 2 2 1  C a m i n o  d e l  R i o  S
2 4
     S u i t e  3 0 8
     S a n  D i e g o ,  C a l i f o r n i a   9 2 1 0 8
2 5
     j o s h @ s w i g a r t l a w g r o u p . c o m
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          A  P  P  E  A  R  A  N  C  E  S  ( c o n t i n u e d )
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A L S O  P R E S E N T :
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     P h i l  H a l l ,  V i d e o  T e c h n i c i a n
     D a n i e l  S h a y   ( v i a  Z o o m )
4
5
6
7
8
9
1 0
1 1
1 2
1 3
1 4
1 5
1 6
1 7
1 8
1 9
2 0
2 1
2 2
2 3
2 4
2 5
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Case 3:21-md-02992-GPC-MSB     Document 386-5     Filed 12/02/24     PageID.20595 
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STATE OF TEXAS   )
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COUNTY OF DALLAS )
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     I, Michelle L. Munroe, Certified Shorthand
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Reporter in and for the State of Texas, certify that
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the foregoing deposition of ROBERT A. CHESTNUT was
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reported stenographically by me at the time and place
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indicated, said witness having been placed under oath
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by me, and that the deposition is a true record of
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the testimony given by the witness;
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     That the amount of time used by each party at
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the deposition is as follows:
     Mr. Kirtley  -    5 hours, 26 minutes
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     I further certify that I am neither counsel for
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nor related to any party in this cause and am not
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financially interested in its outcome.
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     Given under my hand on this the 21st day
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of February, 2024.
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19
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                  <%16958,Signature%>
                  Michelle L. Munroe, CSR No. 6011
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                  Commission expires 1-31-26
                  Firm Registration #571
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                  VERITEXT LEGAL SOLUTIONS
                  300 Throckmorton Street, Suite 1600
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                  Fort Worth, Texas  76102
                  817.336.3042  telephone
25
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Case 3:21-md-02992-GPC-MSB     Document 386-5     Filed 12/02/24     PageID.20596 
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In re Bank of America California Unemployment Benefits Litigation 
Case No. 3:21-MD-02992-LAB-MSB 
Errata for Deposition of Robert Chestnut, February 8, 2024 
Page 
Line(s) 
Change 
Reason 
13 
8-10 
Change “Are you the only one asking questions that will 
be asking me questions . . .” to “Are you the only one 
asking questions -- that will be asking me questions . . .” 
Clarification 
18 
20-21 
Change “Bank of America ability is to analyze the 
transactions that have occurred” to “Bank of America has 
the ability to analyze the transactions that have occurred.” 
Transcription error 
19 
19-21 
Change “The application of the bank’s claim fraud filter is 
that either they had a card frozen based on . . .” to 
“Application of the bank’s claim fraud filter would mean 
that a claimant either had a card frozen based on . . .” 
Clarification 
22 
20-21 
Change “In the room virtual but with representative 
virtually, yes.” to “In the room virtually with Legal 
representation, yes.” 
Transcription error 
22 
21 
Change “representative” to “representation”  
Transcription error 
23 
14-157 
Change “client communications. Germane to this 
discussion, I think that’s really the limit of what would be 
my own personal notes related to this discussion . . .” to 
“client communications germane to this discussion. My 
own personal notes related to this discussion . . .” 
Transcription error 
24 
8-9 
Change “referencing was notes that I personally made 
with a…” to “referencing were notes that I made for 
weekly meetings...” 
Clarification 
25 
21-24 
Change “Yes. I would – just to add, the meetings started 
taking place on a weekly basis in 2020 per the bank’s 
request, and some of those, I wouldn’t say all, there would 
have been notes taken by me.” to “Yes. I will add that the 
meetings started taking place on a weekly basis in 2020 
per the bank’s request, and some but not all of those 
meetings, I would have taken notes.” 
Clarification 
30 
16-17 
Change “around the distribution ramping up distribution 
capabilities” to “around the distribution – ramping up 
distribution capabilities”  
Transcription error 
30 
22 
Replace “…and..” with “…from…” 
Transcription error 
32 
1-2 
Change “around strategies that we are certainly issuing 
prepaid cards, Bank of America, for EDD” to “around 
strategies for issuing prepaid cards -- Bank of America -- 
for EDD” 
Transcription error 
Case 3:21-md-02992-GPC-MSB     Document 386-5     Filed 12/02/24     PageID.20597 
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2 
 
34 
15 
Change “respond to bank” to “respond to the bank” 
Transcription error 
34 
20 
Change “…of our transactional information that we 
collect, we” to “…of our transactional information that we 
collected, we” 
Transcription error 
36 
10 
Change “…, but I can tell you that the bank and the…” to 
“…, but I can tell you that the bank’s…” 
Transcription error 
36 
12 
Change “California” to “California’s” 
Transcription error 
38 
10-12 
Change “the Bank of America’s obligations as a financial 
institution and the cardholder agreement” to “Bank of 
America’s obligations as a financial institution under the 
cardholder agreement” 
Transcription error 
39 
18 
Change “my responsibilities.” to “my responsibilities?”  
Transcription error 
41 
1-2 
Change “definition of the SLA but requirements of the 
contract.” to “definition of the SLA but they are 
requirements of the contract.” 
Transcription error 
42 
4-5 
Change “that were in existence today” to “that is in 
existence today” 
Transcription error 
43 
4 
Change “as agreed by the bank had” to “as agreed by the 
bank -- had" 
Transcription error 
45 
12 
Change “and accepted by EDD” to “that was accepted by 
EDD”  
Transcription error 
47 
12-14 
Change “I would just add that that’s based on market 
conditions, so to understand that that float amount is going 
to adjust with the rate environment.” to “I would just add 
that it’s based on market conditions, so to understand that 
the float amount is going to adjust with the rate 
environment.” 
Transcription error 
52 
5 
Change “we still use the claims fraud filter” to “we still 
used the claims fraud filter” 
Transcription error 
52 
15 
Change “fraud’s claim filter” to “fraud claim filter”  
Transcription error 
53 
1 
Change “fraud’s claim filter” to “fraud claim filter”  
Transcription error 
56 
25 
Change “Yes. It’s the -- it is the client, EDD’s,…” to 
“Yes. It’s the client’s, EDD’s…” 
Transcription error 
61 
12-13 
Change “Specific to revenue share, there were 
conversations I was present for.” to “Specific to revenue 
share, there were conversations I was not present for.” 
Transcription error 
64 
9 
Change “The – albeit…” to “There was, albeit a lower 
level of fraud than…” 
Clarification 
68 
5 
Change “accept it” to “accepted”  
Transcription error 
Case 3:21-md-02992-GPC-MSB     Document 386-5     Filed 12/02/24     PageID.20598 
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3 
 
74 
17-18 
Change “…suspicious, which is not a response --- 
enrollment, not a responsibility for the bank.” to 
“…suspicious, which is not a responsibility of the bank’s.” 
Transcription error 
76 
23 
Change “so that there was” to “so there were” 
Transcription error 
79 
2 
Change “Bank -- Yes. Bank of America…” to “Yes, Bank 
of America…” 
Transcription error 
81 
25 
Change “ability before they can clear” to “ability to block 
them before they can clear” 
Clarification  
93 
11 
Change “fraud’s claim filter” to “fraud claim filter”  
Transcription error 
99 
1 
Change “filter.” to “filter?” 
Transcription error 
100 
9-11 
Change “We communicated a fraud claims filter strategy, 
yes, to – definitively I know we did on the 28th of 
September.” to “We communicated a fraud claims filter 
strategy, definitively I know we did on the 28th of 
September.” 
Transcription error 
101 
15-19 
Change “I don’t have in my -- in my knowledge, I don’t 
have a definitive time frame other than to generally speak 
that we had been discussing…” to “I don’t have a 
definitive time frame other than to generally say that we 
had been discussing…” 
Clarification 
113 
25 
Change “but would have been on there” to “but one would 
have been on there” 
Transcription error  
114 
13 
Change “there was multitude of people” to “there was a 
multitude of people” 
Transcription error 
115 
7-8 
Change “…specifically on this date is because not always 
would all of their representatives attend.” to “. . 
.specifically on this date because not always would all of 
their representatives attend.” 
Transcription error 
117 
16-18 
Change “I can’t speak to the nature of her specific, but in 
general speaking, that is the point of her sentence.” to “I 
can’t speak to the nature of her specific point, but in 
general speaking, that is the point of her sentence.” 
Transcription error 
119 
22 
Change “I understand the definitions of the word.” to “I 
understand the definitions of the words.” 
Transcription error 
120 
7-8 
Change “in a high degree” to “to a high degree”  
Transcription error 
127 
1 
Change “frauds in the form” to “fraud in the form”  
Transcription error 
132 
3-4 
Change “transparency into is” to “transparency into as” 
Transcription error 
149 
13 
Change “I can’t testify that each -- that there…” to “I 
can’t testify that there…” 
Clarification 
153 
17 
Change “asking that broadly email” to “asking that, 
broadly, email”  
Transcription error 
Case 3:21-md-02992-GPC-MSB     Document 386-5     Filed 12/02/24     PageID.20599 
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4 
 
166 
11-12 
Change “conversations about John Lawlor’s in” to 
“conversations above John Lawlor in” 
Transcription error 
168 
8 
Change “defining specifically about” to “talking 
specifically about” 
Transcription error 
169 
14-16 
Change “the three forms under the terms of the contract 
that the bank generates revenue” to “the three forms of 
revenue the bank generates under the terms of the 
contract” 
Transcription error 
170 
3-8 
Change “It depends on what fed fund’s effective rate. So 
not to be evasive, when the fed fund’s effective rate -- it 
floats set by the federal government. There is the floor. So  
depending upon what the fed fund’s effective rate, it could 
be a 50/50 split” ” to “It depends on what fed fund’s 
effective rate is. So -- not to be evasive -- when the fed 
fund’s effective rate is high enough -- it floats set by the 
federal government. There is the floor. So, depending 
upon what the fed fund’s effective rate is, it could be a 
50/50 split.”  
Transcription error 
175 
5 
Change “card” to “cards” 
Transcription error 
181 
1 
Change “cut and paste” to “cut and pasted” 
Transcription error 
184 
15-18 
Change “This is a meeting where a variety of topics were 
discussed by the card product team that this was -- EMV -
- not the first time it was discussed -- was one of the 
topics” to “This was a meeting where a variety of topics 
were discussed by the card product team that included 
EMV. This was not the first time it was discussed. It was 
one of the topics.” 
Clarification 
188 
15 
Change “in” to “into”  
Transcription error 
188 
22 
Change “…understanding or, slash, agreement…” to 
“…understanding or establishing an agreement…” 
Transcription error 
189 
11-12 
Change “Any new or reissued card would be an EMV chip 
technology employed.” to “Any new or reissued card 
would be EMV chip technology employed.”.” 
Transcription error 
198 
13 
Change “approve” to “approval” 
Transcription error 
198 
23 
Change “product team discussing” to “product teams – 
discussing” 
Transcription error 
200 
22 
Change “producing” to “presenting” 
Transcription error 
201 
12 
Change “process, that would” to “process; that would”  
Transcription error 
 
 
 
Case 3:21-md-02992-GPC-MSB     Document 386-5     Filed 12/02/24     PageID.20600 
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5 
 
In accordance with the Rules of Civil Procedure, I have read the entire transcript of my 
testimony or it has been read to me.  I have listed my changes on the above Errata Sheet, listing 
page and line numbers.  I request that these changes be entered as part of the record of my 
testimony, and request and authorize that this Errata Sheet be appended to the transcript of my 
testimony and be incorporated therein. 
Executed this 22 day of March, 2024. 
                                                                         
 
                                                                          Robert A. Chestnut 
 
Case 3:21-md-02992-GPC-MSB     Document 386-5     Filed 12/02/24     PageID.20601 
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