Declaration of Michael Rubin in Support of Joint Motion for Leave to Appear by Zoom — In re BofA Unemployment Litigation (Dkt. 442-1)

Summary

Declaration of Michael Rubin, a partner at Altshuler Berzon LLP and co-lead counsel for the plaintiffs, supporting a joint motion to appear by Zoom at the March 28 status conference and hearing, in In re Bank of America California Unemployment Benefits Litigation, Case No. 3:21-md-02992-GPC-MSB, U.S. District Court for the Southern District of California, filed 03/26/25 as Document 442-1 (3 pages). The hearing concerned Bank of America's motion to stay pending Supreme Court review, which Rubin planned to argue. He says counsel had misread a docket entry as setting both events by Zoom, and that he cannot travel to San Diego that day. He adds that the bank's lead counsel did not oppose the request as a personal accommodation, and that the courtroom deputy asked for a joint motion.

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DECLARATION OF MICHAEL RUBIN IN SUPPORT OF JOINT MOTION FOR LEAVE TO 
APPEAR BY ZOOM AT MARCH 28 STATUS CONFERENCE AND HEARING ON 
DEFENDANT’S MOTION TO STAY 
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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 
SAN DIEGO DIVISION 
 
IN RE BANK OF AMERICA 
CALIFORNIA UNEMPLOYMENT 
BENEFITS LITIGATION 
This Document Relates to All Actions 
Case No. 3:21-md-02992-GPC-MSB 
DECLARATION OF MICHAEL 
RUBIN IN SUPPORT OF JOINT 
MOTION FOR LEAVE TO APPEAR 
BY ZOOM AT MARCH 28 STATUS 
CONFERENCE AND HEARING ON 
DEFENDANT’S MOTION TO STAY 
 
Hearing Date: March 28, 2025 
Time: 1:30 p.m.  
Courtroom: 2D, Second Floor 
Judge: Hon. Gonzalo P. Curiel 
Case 3:21-md-02992-GPC-MSB     Document 442-1     Filed 03/26/25     PageID.25753 
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3:21-md-02992-GPC-MSB 
DECLARATION OF MICHAEL RUBIN IN SUPPORT OF JOINT MOTION FOR LEAVE TO 
APPEAR BY ZOOM AT MARCH 28 STATUS CONFERENCE AND HEARING ON 
DEFENDANT’S MOTION TO STAY 
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I, Michael Rubin, hereby declare as follows:  
1. 
I am an attorney licensed to practice law in the State of California. I am a 
partner in the law firm of Altshuler Berzon LLP, and am co-lead counsel for Plaintiffs 
and the proposed class in this matter.  
2. 
I submit this declaration in support of this joint motion to have the 
upcoming status conference and hearing on Defendant’s Motion to Stay Pending 
Supreme Court Review conducted solely by Zoom.  
3. 
I have long been planning to present the argument for Plaintiffs on the 
Bank’s motion.   
4. 
Plaintiffs’ counsel had previously understood the docket entry at ECF 423 
to indicate that both the status conference and hearing on Defendant’s stay motion 
would be conducted via Zoom on March 28. Upon receiving the Court’s March 24, 
2025 order regarding the March 28 in-person hearing, Plaintiffs’ counsel realized they 
had misconstrued the prior docket entry.  
5. 
Unfortunately, I am unable to travel to San Diego for an in-person hearing 
on March 28, 2025 due to a medical appointment and other scheduling conflicts that 
day. 
6. 
On March 24, 2025, shortly after reviewing the Court’s order regarding the 
in-person hearing, I reached out to Defendant’s counsel and asked whether they would 
oppose Plaintiff’s request to have both the status conference and the hearing on the 
Bank’s motion conducted by Zoom. The Bank’s lead counsel, Jim McGarry, responded 
that, as a personal accommodation to me, the Bank would not oppose Plaintiffs’ request 
for leave to conduct the hearing on the Bank’s motion exclusively by Zoom. 
7. 
I then reached out to the Court’s courtroom deputy, Andrew Sacco, to 
request that both the status conference and the hearing on the Bank’s motion be 
conducted by Zoom. Mr. Sacco responded on March 25, 2025 at 8:44 a.m. and advised 
the parties to make this request by way of a joint motion.  
Case 3:21-md-02992-GPC-MSB     Document 442-1     Filed 03/26/25     PageID.25754 
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3:21-md-02992-GPC-MSB 
DECLARATION OF MICHAEL RUBIN IN SUPPORT OF JOINT MOTION FOR LEAVE TO 
APPEAR BY ZOOM AT MARCH 28 STATUS CONFERENCE AND HEARING ON 
DEFENDANT’S MOTION TO STAY 
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8. 
I was not able to bring a fully noticed motion as the circumstances giving 
rise to this request arose outside the requisite time frame to bring a regularly noticed 
motion.   
I declare under penalty of perjury under the laws of the United States that the 
foregoing is true and correct. Executed on this 26th day of March 2025, at Berkeley, 
California. 
 
/s/ Michael Rubin 
 
MICHAEL RUBIN 
 
Case 3:21-md-02992-GPC-MSB     Document 442-1     Filed 03/26/25     PageID.25755 
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