Court filing
MOTION to File Documents Under Seal — Bofa Ca Unemployment (Dkt. 495)
Summary
Bank of America, N.A.'s unopposed motion to seal portions of the class certification order, filed 06/20/25 as Document 495 in In re Bank of America California Unemployment Benefits Litigation, Case No. 21-MD-02992-GPC-MSB. The bank seeks to seal parts of the order granting plaintiffs' motion for class certification, appointing class representatives and appointing co-lead counsel dated June 16, 2025, and says plaintiffs do not oppose. It says the parties met and conferred and agreed on the portions to seal, which are highlighted in an exhibit lodged under seal. It argues the passages come from previously sealed material on its fraud prevention strategies, claims analysis work and call center operations, and that disclosure could cause competitive harm or enable future fraud. Advocacy document; claims are Bank of America's.
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Cite this document
“MOTION to File Documents Under Seal — Bofa Ca Unemployment (Dkt. 495).”
Original at ecf.casd.uscourts.gov, No. 3:21-md-02992-GPC-MSB, Doc. 495. Archived at Pandemic Darlings, https://pandemicdarlings.com/court-filings/full-docket-bofa-ca-unemployment-casd-709615/2025-06-20-gov-uscourts-casd-709615-495-0-gov-uscourts-casd-709615-495-0/
, SHA-256 54ab8df6ebc84b182b39c8e19f305207e91c3d149d84678713e397314f225be2.Full text
Case 3:21-md-02992-GPC-MSB Document 495 Filed 06/20/25 PageID.29057 Page
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1 JAMES W. MCGARRY (pro hac vice)
JMcGarry@goodwinlaw.com
2 GOODWIN PROCTER LLP
100 Northern Avenue
3 Boston, MA 02210
Tel.: +1 617 570 1000
4 Fax: +1 617 523 1231
5 SABRINA M. ROSE-SMITH (pro hac
vice)
6 SRoseSmith@goodwinlaw.com
MATTHEW L. RIFFEE (pro hac vice)
7 MRiffee@goodwinlaw.com
GOODWIN PROCTER LLP
8 1900 N Street, NW
Washington, DC 20036
9 Tel.: +1 202 346 4000
Fax: +1 202 346 4444
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Attorneys for Defendant
11 BANK OF AMERICA, N.A.
12 [ADDITIONAL COUNSEL LISTED IN
SIGNATURE BLOCK]
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UNITED STATED DISTRICT COURT
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SOUTHERN DISTRICT OF CALIFORNIA
15 SAN DIEGO DIVISION
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IN RE: BANK OF AMERICA Case No. 21-MD-02992-GPC-MSB
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CALIFORNIA UNEMPLOYMENT DEFENDANT’S UNOPPOSED
18 BENEFITS LITIGATION MOTION TO SEAL PORTIONS OF
CLASS CERTIFICATION ORDER
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20 Ctrm: 2D – 2nd Floor
Judge: Hon. Gonzalo P. Curiel
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UNOPPOSED MOTION TO SEAL CLASS CASE NO. 21-MD-02992-GPC-MSB
CERTIFICATION ORDER
Case 3:21-md-02992-GPC-MSB Document 495 Filed 06/20/25 PageID.29058 Page
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1 PLEASE TAKE NOTICE that, pursuant to Local Civil Rule 79.2(c),
2 Defendant Bank of America, N.A. (“Defendant” or “BANA”) hereby submits this
3 Unopposed Motion to Seal Portions of the Class Certification Order as set forth in
4 the concurrently lodged under seal Exhibit A to this Motion. In particular, BANA
5 seeks to seal, and Plaintiffs do not oppose the sealing of, portions of the Order
6 Granting Plaintiffs’ Motion for Class Certification; Appointing Class
7 Representatives; and Appointing Co-Lead Counsel dated June 16, 2025 (the “Order”)
8 because compelling reasons support sealing of those portions of the Order.
9 Pursuant to the Court’s direction, the Parties met and conferred regarding
10 which portions of the Order are confidential and warrant sealing, and the Parties have
11 agreed on the portions of the Order that are confidential and should remain sealed.
12 Those portions that the Parties propose sealing are highlighted in the concurrently
13 lodged Exhibit A.
14 As previously stated in BANA’s motions to seal submitted in connection with
15 class certification briefing, the public’s right to inspect and copy judicial records is
16 not absolute, and a party faced with the disclosure of confidential or proprietary
17 information may seek to file the documents under seal to avoid disclosure of business
18 information that might result in competitive harm or be used for improper purposes.
19 See Nixon v. Warner Commc’ns, Inc., 435 U.S. 589, 598 (1978) (denying disclosure);
20 Local Civ. R. 79.2(c). Accordingly, the Parties filed various motions to seal (the
21 “Motions to Seal,” ECF Nos. 328, 337, 344, 347, 376, 383, 384, 394) certain
22 documents (or portions thereof) in connection with briefing on Plaintiffs’ Motion for
23 Class Certification (ECF Nos. 324, 349, 378). The Court largely granted those
24 Motions to Seal, finding compelling reasons to seal documents concerning BANA’s
25 fraud detection and prevention policies and strategies, BANA’s analyses of claims
26 fraud and potential strategies to combat that fraud, and BANA’s Remediation Plans
27 with the regulators and documents showing BANA’s implementation of those Plans,
28 among other categories of confidential information. See ECF Nos. 365, 381, 390,
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UNOPPOSED MOTION TO SEAL CLASS CASE NO. 21-MD-02992-GPC-MSB
CERTIFICATION ORDER
Case 3:21-md-02992-GPC-MSB Document 495 Filed 06/20/25 PageID.29059 Page
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1 391, 397 (the “Sealing Orders”).
2 Consistent with the Court’s Sealing Orders, there are compelling reasons to
3 seal portions of the Order at issue here, which reflect topics that are likely to cause
4 particularized competitive harm to BANA and which could potentially enable future
5 fraud, and thus pose a danger to BANA’s business and the public. See, e.g., East
6 West Bank v. Shanker, 2021 WL 3112452, at *18-19 (N.D. Cal. July 22, 2021)
7 (finding compelling reasons to seal where public disclosure of EWB’s confidential
8 onboarding processes, verification of customer identities and fraud prevention
9 measures would “harm [the bank’s] competitive standing”); Soria v. U.S. Bank N.A.,
10 2019 WL 8167925, at *4 (C.D. Cal. Apr. 25, 2019) (finding compelling reasons to
11 seal bank’s internal procedures for investigating fraud because there was a
12 “significant danger that someone could improperly use this information to commit
13 fraud and avoid detection”).
14 The portions of the Order that BANA seeks to seal reflect information derived
15 from previously sealed documents (or portions thereof), that pertain to: confidential
16 BANA fraud prevention strategies and policies; BANA’s fraud and claims analyses;
17 BANA’s call center operations and strategies; BANA’s confidential discussions or
18 analyses of its state prepaid unemployment program operations, including but not
19 limited to, fraud volume, claims and call center operations, operational risks and
20 losses, and approval of fraud strategies; BANA’s Remediation Plans with the
21 regulators and its implementation of those Plans; and BANA’s interrogatory
22 responses and data reflecting certain populations of cardholders subject to BANA’s
23 remediation efforts. Each of those documents was designated Confidential or Highly
24 Confidential – Attorneys’ Eyes Only by BANA, and in the case of the Remediation
25 Plans, by the regulators as well. And each of those documents or potions thereof
26 have already been sealed by the Court based on a finding of compelling reasons. See
27 ECF 365, 381, 390, 391, 397; see also ECF Nos. 344-1, 344-2, 344-3, 347-1, 347-2.
28 For the foregoing reasons and for the reasons set forth in the Court’s Sealing
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UNOPPOSED MOTION TO SEAL CLASS CASE NO. 21-MD-02992-GPC-MSB
CERTIFICATION ORDER
Case 3:21-md-02992-GPC-MSB Document 495 Filed 06/20/25 PageID.29060 Page
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1 Orders in connection with class certification briefing (ECF Nos. 365, 381, 390, 391,
2 397), Plaintiffs’ Motions to Seal (ECF Nos. 376, 384, 394), BANA’s prior Motions
3 to Seal (ECF Nos. 328, 337, 344, 347, 383) and accompanying declarations submitted
4 in support (ECF Nos. 344-1, 344-2, 344-3, 347-1, 347-2), and the argument presented
5 at the hearing on Plaintiffs’ Motion for Class Certification, all of which are
6 incorporated herein by reference, BANA respectfully requests that the Court grant
7 Defendant’s Unopposed Motion to Seal Portions of the Class Certification Order
8 because compelling reasons support sealing thereof.
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Respectfully submitted,
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Dated: June 20, 2025 By: s/ James W. McGarry__
12 JAMES W. MCGARRY (pro hac vice)
JMcGarry@goodwinlaw.com
13 GOODWIN PROCTER LLP
100 Northern Avenue
14 Boston, MA 02210
Tel.: +1 617 570 1000
15 Fax: +1 617 523 1231
16 SABRINA M. ROSE-SMITH (pro hac
vice)
17 SRoseSmith@goodwinlaw.com
MATTHEW L. RIFFEE (pro hac vice)
18 MRiffee@goodwinlaw.com
GOODWIN PROCTER LLP
19 1900 N St. NW
Washington, DC 20036
20 Tel: +1 202 346 4000
Fax: +1 202 346 4444
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LAURA G. BRYS (SBN 242100)
22 LBrys@goodwinlaw.com
GOODWIN PROCTER LLP
23 601 S Figueroa St., Suite 4100
Los Angeles, CA 90017
24 Tel.: +1 213 426 2500
Fax: +1 617 346 4444
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VALERIE A. HAGGANS (pro hac
26 vice)
VHaggans@goodwinlaw.com
27 LINDSAY E. HOYLE (pro hac vice)
LHoyle@goodwinlaw.com
28 GOODWIN PROCTER LLP
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UNOPPOSED MOTION TO SEAL CLASS CASE NO. 21-MD-02992-GPC-MSB
CERTIFICATION ORDER
Case 3:21-md-02992-GPC-MSB Document 495 Filed 06/20/25 PageID.29061 Page
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620 Eighth Avenue
1 New York, NY 10018
Tel: +1 212 813-8800
2 Fax: +1 212 355-3333
3 YVONNE W. CHAN (pro hac vice)
YChan@jonesday.com
4 JONES DAY
100 High Street
5 Boston, MA 02110
Tel.: +1 617 960 3939
6 Fax: +1 617 449 6999
7 JANICE P. BROWN (SBN 114433)
jbrown@myersnave.com
8 MATTHEW B. NAZARETH (SBN
278405)
9 mnazareth@myersnave.com
MEYERS NAVE
10 600 B Street, Suite 1650
San Diego, CA 92101
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Attorneys for Defendant
12 BANK OF AMERICA, N.A.
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UNOPPOSED MOTION TO SEAL CLASS CASE NO. 21-MD-02992-GPC-MSB
CERTIFICATION ORDER
Case 3:21-md-02992-GPC-MSB Document 495 Filed 06/20/25 PageID.29062 Page
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CERTIFICATE OF SERVICE
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2 I hereby certify that I electronically filed the foregoing with the clerk of the
3 court for the United States District Court for the Southern District of California by
4 using the CM/ECF system on February 12, 2025. I further certify that all participants
5 in the case are registered CM/ECF users and that service will be accomplished by the
6 CM/ECF system. I certify under penalty of perjury that the foregoing is true and
7 correct.
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10 Executed: January 20, 2025 s/ James W. McGarry
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UNOPPOSED MOTION TO SEAL CLASS CASE NO. 21-MD-02992-GPC-MSB
CERTIFICATION ORDER
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