ORDER LIFTING STAY — Bofa Ca Unemployment (Dkt. 492)

Summary

An Order Lifting Stay filed June 5, 2025 as Document 492 in In re: Bank of America California Unemployment Benefits Litigation, Case No. 21MD2992-GPC(MSB), in the U.S. District Court for the Southern District of California. The order recounts that on March 28, 2025 the court granted in part a stay pending the Supreme Court's review of Lab'y Corp. of Am. Holdings v. Davis, No. 24-0304 (Dkt. No. 448). It states that on June 5, 2025 the Supreme Court dismissed that case as "improvidently granted", leaving Olean Wholesale Grocery Cooperative, Inc. v. Bumble Bee Foods LLC, 31 F. 4th 651, binding on the court. The court therefore lifts the stay and states that it will issue its ruling on the plaintiff's motion for class certification. The order runs two pages.

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

Full text

 Case 3:21-md-02992-GPC-MSB         Document 492     Filed 06/05/25   PageID.28955   Page
                                          1 of 2


 1
 2
 3
 4
 5
 6
 7
 8                           UNITED STATES DISTRICT COURT
 9                         SOUTHERN DISTRICT OF CALIFORNIA
10
11   IN RE: BANK OF AMERICA                          Case No.: 21MD2992-GPC(MSB)
     CALIFORNIA UNEMPLOYMENT
12
     BENEFITS LITIGATION,                            ORDER LIFTING STAY
13
14
15
16
17         On March 28, 2025, the Court granted in part a stay of the case pending the United
18   States Supreme Court review of Lab’y Corp. of Am. Holdings v. Davis, No. 24-0304.
19   (Dkt. No. 448.) On June 5, 2025, the Supreme Court dismissed the case as
20   “improvidently granted” and did to address the question of “[w]hether a federal court
21   may certify a damages class pursuant to Federal Rule of Civil Procedure 23 when the
22   class includes both injured and uninjured class members.” Lab’y Corp., No. 24-0304,
23   slip. op. at 1-2 (U.S. June 5, 2025). As such, the case of Olean Wholesale Grocery
24   Cooperative, Inc. v. Bumble Bee Foods LLC, 31 F. 4th 651, 669 (2024) remains binding
25   ///
26   ///
27   ///
28   ///

                                                 1
                                                                             21MD2992-GPC(MSB)
 Case 3:21-md-02992-GPC-MSB           Document 492      Filed 06/05/25   PageID.28956     Page
                                            2 of 2


 1   on this Court. Accordingly, the Court lifts the stay in this case and will issue out its
 2   ruling on Plaintiff’s motion for class certification.
 3         IT IS SO ORDERED.
 4   Dated: June 5, 2025
 5
 6
 7
 8
 9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

                                                    2
                                                                                 21MD2992-GPC(MSB)


File and source

File

gov.uscourts.casd.709615.492.0.pdf

Size

151,915 bytes

SHA-256

cd7d129453c57ccaa33b01fd74499e11a9ba91fffbedc43df708d65ef7cc98c4

Our copy

gov.uscourts.casd.709615.492.0.pdf

Original

PACER (login required)