Court filing
MOTION to File Documents Under Seal (With attachments) — Bofa Ca Unemployment (Dkt. 394)
No. 3:21-md-02992-GPC-MSB · Doc. 394 · Docket on CourtListener
Summary
The plaintiffs' motion to file documents under seal, filed December 6, 2024 as Document 394 in In re Bank of America California Unemployment Benefits Litigation, No. 3:21-md-02992-GPC-MSB, in the U.S. District Court for the Southern District of California. It follows the court's sealing order of November 15, 2024 and concerns Exhibits 1, 2, 14, 16, 18, 19 and 20 to the Corrected Declaration of Connie Chan in support of class certification. The motion states the parties agreed the original redactions to Exhibits 1, 2, 14, 16, 18 and 20 needed no change, while Exhibit 19, a deposition excerpt, is refiled with modified redactions. It says the redacted material reflects information the bank designated Confidential or Highly Confidential, including fraud detection strategies and material designated by the CFPB and OCC. It is signed by Brian Danitz and Michael Rubin.
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Case 3:21-md-02992-GPC-MSB Document 394 Filed 12/06/24 PageID.23982 Page
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1 JOSEPH W. COTCHETT (SBN 36324) MICHAEL RUBIN (SBN 80618)
jcotchett@cpmlegal.com mrubin@altber.com
2 BRIAN DANITZ (SBN 247403) STACEY M. LEYTON (SBN 203827)
3 bdanitz@cpmlegal.com sleyton@altber.com
KARIN B. SWOPE (Pro Hac Vice) CONNIE K. CHAN (SBN 284230)
4 kswope@cpmlegal.com cchan@altber.com
5 BLAIR V. KITTLE (SBN 336367) KATHERINE G. BASS (SBN 344748)
bkittle@cpmlegal.com kbass@altber.com
6 VASTI S. MONTIEL (SBN 346409) COLIN C. JONES (SBN 354301)
7 vmontiel@cpmlegal.com cjones@altber.com
COTCHETT, PITRE & McCARTHY, LLP ALTSHULER BERZON LLP
8 840 Malcolm Road, Suite 200 177 Post Street, Suite 300
9 Burlingame, CA 94010 San Francisco, CA 94108
Telephone: (650) 697-6000 Telephone: (415) 421-7151
10 Fax: (650) 697-0577 Fax: (415) 362-8064
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Co-Lead Counsel for Plaintiffs and the Proposed Class
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14 UNITED STATES DISTRICT COURT
15 SOUTHERN DISTRICT OF CALIFORNIA
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IN RE BANK OF AMERICA Case No. 3:21-md-02992-GPC-MSB
17 CALIFORNIA UNEMPLOYMENT
BENEFITS LITIGATION MOTION TO FILE DOCUMENTS
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UNDER SEAL RE: EXHIBITS 1, 2, 14,
19 16, 18, 19, 20 TO CORRECTED
DECLARATION OF CONNIE CHAN
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IN SUPPORT OF MOTION FOR
21 CLASS CERTIFICATION
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Judge: Hon. Gonzalo P. Curiel
23 This Document Relates to All Actions Ctrm: 2D (2nd Floor)
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Motion to File Documents Under Seal re: Exhibits 1, 2, 14, 16, 18, 19 and 20 to Corrected Decl. of
Connie Chan ISO Motion for Class Certification; Case No. 3:21-md-02992-GPC-MSB
Case 3:21-md-02992-GPC-MSB Document 394 Filed 12/06/24 PageID.23983 Page
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1 MOTION TO FILE DOCUMENTS UNDER SEAL
2 On November 15, 2024, the Court issued an order granting in part and denying in
3 part the motion to seal materials relating to Plaintiffs’ Motion for Class Certification (ECF
4 365; the “Order”). Pursuant to the Order, the Parties met and conferred and, on December
5 2, 2024, Plaintiffs moved to file documents with modified redactions under seal (ECF
6 384). On December 5, 2024, the Court issued its order granting the motion to seal as to
7 Plaintiffs’ Memorandum of Points and Authorities (“P&As”) and the following exhibits
8 (“Ex.”) attached to the Corrected Declaration of Connie K. Chan (ECF 336-2; the
9 “Declaration”):
10 Ex. 3 (Expert Report of Jay Minnucci);
11 Ex. 4 (Expert Report of Greg J. Regan);
12 Ex. 15 (Chestnut Deposition excerpts);
13 Ex. 17 (Letson Deposition excerpts);
14 Ex. 157 (Trial Plan).
15 See ECF 391.
16 This motion addresses the remaining exhibits referenced in the Court’s November
17 15, 2024 Order. After meeting and conferring and applying the guidance provided in the
18 Order, the Parties determined that the original redactions applied to the following exhibits
19 to the Declaration were appropriate and required no further modification:
20 Ex. 1 (Expert Report of J. Daniel Kreis) [public version at ECF 324-4];
21 Ex. 2 (Expert Report of Jane Cloninger) [public version at ECF 324-5];
22 Ex. 14 (Daniels Deposition excerpts) [public version at ECF 324-17];
Ex. 16 (Martin Deposition excerpts) [public version at ECF 324-19];
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Ex. 18 (Golden Deposition excerpts) [public version at ECF 324-21];
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Ex. 20 (Johnson Deposition excerpts) [public version at ECF 324-23].
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Motion to File Documents Under Seal re: Exhibits 1, 2, 14, 16, 18, 19 and 20 to Corrected Decl. 1
of Connie Chan ISO Motion for Class Certification; Case No. 3:21-md-02992-GPC-MSB
Case 3:21-md-02992-GPC-MSB Document 394 Filed 12/06/24 PageID.23984 Page
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1 The Parties further determined that the redactions applied to Ex. 19 (Lennon
2 Deposition excerpts) should be revised in accordance with the guidance provided in the
3 Order. A copy of Ex. 19 with modified redactions accompanies this motion. Materials
4 designated Confidential are highlighted yellow and materials designated Highly
5 Confidential are highlighted green.
6 I. LEGAL STANDARD
7 There is a strong presumption in favor of public access to court records. Nixon v.
8 Warner Commc’ns, Inc., 435 U.S. 589, 597 (1978) (“[T]he courts of this country recognize
9 a general right to inspect and copy public records and documents, including judicial records
10 and documents.” (cleaned up)); see also Kamakana v. City & Cnty. of Honolulu, 447 F.3d
11 1172, 1178 (9th Cir. 2006) (“Unless a particular court record is one ‘traditionally kept
12 secret,’ a ‘strong presumption in favor of access’ is the starting point.”). This presumption
13 in favor of access is at its strongest when the documents sought to be sealed are “more than
14 tangentially related to the merits of a case,” such as a class certification motion. Nia v. Bank
15 of Am., N.A., No. 21-cv-1799-BAS-BGS, 2024 WL 171659, at *2 (S.D. Cal. Jan. 12, 2024).
16 The party seeking to seal a court record has the burden of “articulat[ing] compelling reasons
17 [to seal a document] supported by specific factual findings . . . that outweigh the general
18 history of access and the public policies favoring disclosure, such as the public interest in
19 understanding the judicial process.” Kamakana, 447 F.3d at 1178-79 (cleaned up).
20 II. DISCUSSION
21 As noted above, this motion addresses the remaining exhibits referenced in the
Court’s November 15, 2024 Order which were filed in support of Plaintiffs’ Motion for
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Class Certification. After meeting and conferring and applying the guidance provided in
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the Order, the Parties determined that the original redactions applied to the following
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exhibits to the Declaration were appropriate and required no modification:
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Ex. 1 (Expert Report of J. Daniel Kreis) [public version at ECF 324-4];
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Ex. 2 (Expert Report of Jane Cloninger) [public version at ECF 324-5];
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Ex. 14 (Daniels Deposition excerpts) [public version at ECF 324-17];
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Motion to File Documents Under Seal re: Exhibits 1, 2, 14, 16, 18, 19 and 20 to Corrected Decl. 2
of Connie Chan ISO Motion for Class Certification; Case No. 3:21-md-02992-GPC-MSB
Case 3:21-md-02992-GPC-MSB Document 394 Filed 12/06/24 PageID.23985 Page
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1 Ex. 16 (Martin Deposition excerpts) [public version at ECF 324-19];
2 Ex. 18 (Golden Deposition excerpts) [public version at ECF 324-21];
3 Ex. 20 (Johnson Deposition excerpts) [public version at ECF 324-23].
4 The Parties further determined that the redactions applied to the following document
5 should be revised in accordance with the guidance provided in the Court’s Order:
6 Ex. 19 (Lennon Deposition excerpts).
7 The redacted materials contain information the Bank designated as Confidential
8 and/or Highly Confidential, including material that reflect or analyze the risk of future
9 fraud to the Bank, pertain to internal analyses of fraud detection strategies, risk competitor
10 disadvantage to the Bank, refer to testimony by Rule 30(b)(6) witnesses that the Bank has
11 designated Confidential or Highly Confidential, and refer to materials designated “Highly
12 Confidential-Attorneys’ Eyes Only” by the Consumer Finance Protection Board (“CFPB”)
13 and Office of the Comptroller of Currency (“OCC”).
14 Accordingly, Plaintiffs request that the Court maintain portions of the following
15 materials under seal: Exhibits 1, 2, 14, 16, 18, 19 and 20 attached to the Corrected
16 Declaration of Connie Chan in support of Motion for Class Certification.
17 Respectfully submitted,
18 Dated: December 6, 2024 COTCHETT, PITRE & McCARTHY, LLP
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By: /s/ Brian Danitz
20 JOSEPH W. COTCHETT
21 BRIAN DANITZ
KARIN B. SWOPE
22 DAVID G. HOLLENBERG
23 BLAIR V. KITTLE
VASTI S. MONTIEL
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Co-Lead Counsel for Plaintiffs and the
25 Proposed Class
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Motion to File Documents Under Seal re: Exhibits 1, 2, 14, 16, 18, 19 and 20 to Corrected Decl. 3
of Connie Chan ISO Motion for Class Certification; Case No. 3:21-md-02992-GPC-MSB
Case 3:21-md-02992-GPC-MSB Document 394 Filed 12/06/24 PageID.23986 Page
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1 Dated: December 6, 2024 ALTSHULER BERZON LLP
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By: /s/ Michael Rubin
3 MICHAEL RUBIN
STACEY M. LEYTON
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CONNIE K. CHAN
5 JAMES BALTZER
KATHERINE G. BASS
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COLIN C. JONES
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Co-Lead Counsel for Plaintiffs and the
8 Proposed Class
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Motion to File Documents Under Seal re: Exhibits 1, 2, 14, 16, 18, 19 and 20 to Corrected Decl. 4
of Connie Chan ISO Motion for Class Certification; Case No. 3:21-md-02992-GPC-MSB
Case 3:21-md-02992-GPC-MSB Document 394 Filed 12/06/24 PageID.23987 Page
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1 SIGNATURE ATTESTATION
2 Pursuant to section 2(f)(4) of the Electronic Case Filing Administrative Policies and
3 Procedures Manual, I, Brian Danitz, attest that the other signatories listed, and on whose
4 behalf this filing is submitted, concur in the filing content and have authorized this filing.
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6 Dated: December 6, 2024 /s/ Brian Danitz
Brian Danitz
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Motion to File Documents Under Seal re: Exhibits 1, 2, 14, 16, 18, 19 and 20 to Corrected Decl. 5
of Connie Chan ISO Motion for Class Certification; Case No. 3:21-md-02992-GPC-MSB
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