Declaration of Brian Danitz — In re Bank of America California Unemployment Benefits Litigation (Dkt. 413-1, S.D. Cal. No. 3:21-md-02992)

Summary

Declaration of Brian Danitz, Document 413-1, filed 02/07/25 in In re Bank of America California Unemployment Benefits Litigation, Case No. 3:21-md-02992-GPC-MSB (S.D. Cal.), in support of a Joint Motion to Extend Time Re: Expert Disclosures and Pretrial Motions. He says the parties exchanged expert designations on January 27, 2025 and that plaintiffs then learned an additional expert, Prof. Chloe East of the University of Colorado, a labor economist, was available. Defendant said on February 6, 2025 it would not contest the designation as untimely if the parties jointly request a 14-day extension. The proposed schedule moves expert designation to February 10, 2025, expert discovery cutoff to April 25, 2025 and the pretrial motions cutoff to May 28, 2025.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Record facts

Full text

Decl of Brian Danitz ISO Joint Mtn. to Extend Time Re: Expert Disclosures and Pretrial Motions;  
Case No. 3:21-md-02992-GPC-MSB
 
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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 
 
DECLARATION OF BRIAN DANITZ 
IN SUPPORT OF JOINT MOTION TO 
EXTEND TIME RE: EXPERT 
DISCLOSURES AND PRETRIAL 
MOTIONS 
 
Judge: Hon. Gonzalo P. Curiel 
Ctrm: 2D (2nd Floor)
 
This Document Relates to All Actions 
 
 
Case 3:21-md-02992-GPC-MSB     Document 413-1     Filed 02/07/25     PageID.25274 
Page 1 of 3

 
Decl of Brian Danitz ISO Joint Mtn. to Extend Time Re: Expert Disclosures and Pretrial Motions;  
Case No. 3:21-md-02992-GPC-MSB
1
 
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
I, BRIAN DANITZ, declare as follows: 
1. 
I am a partner at the law firm of Cotchett, Pitre & McCarthy, LLP, Co-Lead 
Counsel for Plaintiffs and the Proposed Class in this multi-district litigation. I submit this 
declaration in support of the Joint Motion to Extend Time Re: Expert Disclosures and 
Pretrial Motions. I have personal knowledge of the matters stated herein and, if called as 
a witness, I could and would testify competently thereto.  
2. 
On January 27, 2025, the Parties exchanged expert designations. Several 
days later, but prior to the February 3 date for rebuttal expert designations, Plaintiffs 
learned of the availability of an additional expert, Prof. Chloe East of the University of 
Colorado, a labor economist whom Plaintiffs would like to designate as an expert for 
their case-in-chief.  
3. 
On February 3, 2025, the Parties met and conferred and agreed to continue 
the time for rebuttal expert designations.  Plaintiffs served Defendant with a 
Supplemental Expert Designation for Prof. East that same day.  
4. 
On February 6, 2025, Defendant stated it would not contest Plaintiffs’ 
designation of Prof. East on timeliness grounds provided the Parties jointly request a 14-
day extension of existing expert and pretrial motion deadlines. The Parties agreed to 
request that the Court extend the expert and pretrial motion deadlines as follows: 
 
Event  
Current Date 
Proposed Date 
Expert Designation  
January 27, 2025 
February 10, 2025 
Rebuttal Expert Designation  
February 3, 2025 
February 17, 2025 
Expert Disclosures  
February 18, 2025 
March 4, 2025 
Rebuttal Expert Disclosures  
March 14, 2025 
March 28, 2025 
Expert Discovery Cutoff  
April 11, 2025 
April 25, 2025 
Pretrial Motions Cutoff  
May 14, 2025 
May 28, 2025 
Case 3:21-md-02992-GPC-MSB     Document 413-1     Filed 02/07/25     PageID.25275 
Page 2 of 3

 
Decl of Brian Danitz ISO Joint Mtn. to Extend Time Re: Expert Disclosures and Pretrial Motions;  
Case No. 3:21-md-02992-GPC-MSB
2
 
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
I declare under penalty of perjury that the foregoing is true and correct. Executed 
on February 7, 2025 at Burlingame, California. 
 
 
 
 
 
 
 
 
 
/s/ Brian Danitz 
 
 
 
 
 
 
 
 
 
 
    Brian Danitz 
Case 3:21-md-02992-GPC-MSB     Document 413-1     Filed 02/07/25     PageID.25276 
Page 3 of 3

File and source

File

gov.uscourts.casd.709615.413.1.pdf

Size

368,044 bytes

SHA-256

c0e4376fc82fd7b9068a465322be763624fe08ac57cd8ccb815e217047f03b87

Our copy

gov.uscourts.casd.709615.413.1.pdf

Original

PACER (login required)