Court filing

MOTION to File Documents Under Seal — Bofa Ca Unemployment (Dkt. 463)

No. 3:21-md-02992-GPC-MSB · Doc. 463 · Docket on CourtListener

Summary

Plaintiffs' motion to file documents under seal, filed April 25, 2025 as Document 463 in In re Bank of America California Unemployment Benefits Litigation, Case No. 3:21-md-02992-GPC-MSB, in the U.S. District Court for the Southern District of California. Brought under Local Rule 79.2 and Section 12.5 of the Stipulated Protective Order (ECF 82), it relates to the plaintiffs' opposition to the defendant's motion for a protective order. It asks the court to seal portions of the opposition brief, portions of Exhibits 40-41, 49-54 to the Declaration of Brian Danitz, and the entirety of Exhibits 1-39, 42-48, and 55-65. The motion states that Bank of America designated these materials Confidential or Highly Confidential and that they reference fraud detection and prevention strategies and EDD cardholder information. Co-lead counsel for the plaintiffs sign it.

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 Case 3:21-md-02992-GPC-MSB          Document 463      Filed 04/25/25      PageID.27073   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 VASTI S. MONTIEL (SBN 346409)                 COLIN C. JONES (SBN 354301)
   vmontiel@cpmlegal.com                         cjones@altber.com
 6 CAROLINE A. YUEN (SBN 354388)                 CAROLINE HUNSICKER (SBN 356917)
 7 cyuen@cpmlegal.com                            chunsicker@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
11
   Co-Lead Counsel for Plaintiffs and the Proposed Class
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13                           UNITED STATES DISTRICT COURT
14                         SOUTHERN DISTRICT OF CALIFORNIA
15
   IN RE BANK OF AMERICA                            Case No. 3:21-md-02992-GPC-MSB
16 CALIFORNIA UNEMPLOYMENT
   BENEFITS LITIGATION                              PLAINTIFFS’ MOTION TO FILE
17
                                                    DOCUMENTS UNDER SEAL IN
18                                                  SUPPORT OF OPPOSITION TO
                                                    DEFENDANT’S MOTION FOR A
19
                                                    PROTECTIVE ORDER
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21                                                  Judge:      Hon. Gonzalo P. Curiel
     This Document Relates to All Actions           Ctrm:       2D (2nd Floor)
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     Motion to File Documents Under Seal; Case No. 3:21-md-02992-GPC-MSB
 Case 3:21-md-02992-GPC-MSB          Document 463      Filed 04/25/25      PageID.27074   Page
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 1         Pursuant to Local Rule 79.2 and Section 12.5 of the Stipulated Protective Order
 2 (ECF 82) in this case and the Court’s Civil Pretrial & Trial Procedures, Plaintiffs move to
 3 file documents under seal in connection with Plaintiffs’ Opposition (the “Opposition”) to
 4 Defendant’s Motion for a Protective Order (the “Motion”). In particular, Plaintiffs seek to
 5 seal portions of the Opposition brief, portions of Exhibits 40-41, 49-54 attached to the
 6 Declaration of Brian Danitz in support of the Opposition (“Declaration”), and the entirety
 7 of Declaration Exhibits 1-39, 42-48, and 55-65. Plaintiffs tailored this motion pursuant to
 8 the prior Court’s Orders on the parties’ motions to seal in this case. Portions of documents
 9 lodged provisionally under seal are highlighted yellow.
10         Although there is a strong presumption in favor of public access to court records,
11 Nixon v. Warner Commc'ns, Inc., 435 U.S. 589, 597 (1978), the public has a reduced
12 interest in accessing non-dispositive motions that are “‘unrelated, or only tangentially
13 related, to the underlying cause of action,’” Kamakana v. City & Cnty. of Honolulu, 447
14 F.3d 1172, 1178 (9th Cir. 2006) (quoting Foltz v. State Farm Mut. Auto. Ins. Co., 331 F.3d
15 1122, 1135 (9th Cir. 2003)). Because a motion for a protective order is a non-dispositive
16 motion that is only tangentially related to the merits of the case, parties must show only
17 “good cause” to justify sealing. See, e.g., BAE Sys. San Diego Ship Repair Inc. v. United
18 States, 670 F. Supp. 3d 1064, 1069 (S.D. Cal. 2023) (good cause found to seal exhibits
19 containing confidential information filed in connection with apex discovery dispute).
20         The following documents were designated by Defendant Bank of America as
21 Confidential or Highly Confidential under the Stipulated Protective Order in the case:
22 Exhibits 1-39, 42-48, and 55-65. These exhibits reference confidential business
23 information, including Bank fraud detection and prevention strategies, analyses of Bank
24 programming, and the confidential account or personal information of EDD cardholders
25 that contacted the Bank regarding their personal hardship. See E.W. Bank v. Shanker, 2021
26 WL 3112452, at *18–19 (N.D. Cal. July 22, 2021) (finding compelling reasons to seal
27 fraud prevention measures); Stiner v. Brookdale Senior Living, Inc., 2022 WL 1180216, at
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     Motion to File Documents Under Seal; Case No. 3:21-md-02992-GPC-MSB                         1
 Case 3:21-md-02992-GPC-MSB          Document 463      Filed 04/25/25      PageID.27075   Page
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 1 *2 (N.D. Cal. Mar. 30, 2022). The Court has previously granted motions to seal documents
 2 containing such information. ECF 266, 293, 365, 381, 390, 391, 397, 421.
 3         Plaintiffs also seek to seal portions of Exhibits 40-41, 49-54 which are excerpts of
 4 Bank employees’ deposition testimony which Defendant has designated as Confidential or
 5 Highly Confidential under the Stipulated Protective Order. The materials reference
 6 confidential business information, including Bank fraud detection and prevention strategies
 7 and other confidential business information and is consistent with the information which
 8 the Court has previously ordered to be sealed. See ECF 365, 381; Lundstrom v. Young,
 9 2022 WL 15524624, at *17 (S.D. Cal. Oct. 27, 2022) (J. Curiel) (prior sealed documents
10 considered when evaluating new motion to seal).
11         Plaintiffs also seek to seal portions of their Memorandum of Points and Authorities
12 in Opposition to Defendant’s Motion for Protective Order (“Plaintiffs’ MPA”) that quote
13 or reference the above exhibits that they seek to seal, including the deposition testimony of
14 Bank employees that Defendant has designated Confidential or Highly Confidential.
15         Accordingly, Plaintiffs request that the Court seal portions of the Opposition brief,
16 portions of Exhibits 40-41, 49-54 attached to the Declaration in support of the Opposition,
17 and the entirety of Declaration Exhibits 1-39, 42-48, and 55-65.
18                                           Respectfully submitted,
19 Dated: April 25, 2025                     COTCHETT, PITRE & McCARTHY, LLP
20
                                             By:    /s/ Brian Danitz
21                                                  JOSEPH W. COTCHETT
22                                                  BRIAN DANITZ
                                                    KARIN B. SWOPE
23                                                  DAVID G. HOLLENBERG
24                                                  BLAIR V. KITTLE
                                                    VASTI S. MONTIEL
25                                                  CAROLINE A. YUEN
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                                              Co-Lead Counsel for Plaintiffs and the
27                                            Proposed Class
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     Motion to File Documents Under Seal; Case No. 3:21-md-02992-GPC-MSB                         2
 Case 3:21-md-02992-GPC-MSB          Document 463      Filed 04/25/25      PageID.27076   Page
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 1 Dated: April 25, 2025               ALTSHULER BERZON LLP
 2
                                             By:    /s/ Michael Rubin
 3                                                  MICHAEL RUBIN
 4                                                  STACEY M. LEYTON
                                                    CONNIE K. CHAN
 5                                                  JAMES BALTZER
 6                                                  COLIN C. JONES
                                                    CAROLINE HUNSICKER
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                                             Co-Lead Counsel for Plaintiffs and the
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                                             Proposed Class
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     Motion to File Documents Under Seal; Case No. 3:21-md-02992-GPC-MSB                         3
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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: April 25, 2025                            /s/ Brian Danitz
 7                                                     Brian Danitz

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     Motion to File Documents Under Seal; Case No. 3:21-md-02992-GPC-MSB                         4

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