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Home Court filings In re: Bank of America California Unemployment Benefits Litigation — S.D. Cal., No. 21-md-02992 MOTION to File Documents Under Seal — Bofa Ca Unemployment (Dkt. 495)

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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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“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.

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Case 3:21-md-02992-GPC-MSB   Document 495   Filed 06/20/25   PageID.29057   Page
                                   1 of 6


  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
 10
       Attorneys for Defendant
 11    BANK OF AMERICA, N.A.
 12    [ADDITIONAL COUNSEL LISTED IN
       SIGNATURE BLOCK]
 13
                        UNITED STATED DISTRICT COURT
 14
                      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
 19
 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,
                                                 1
       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
                                                2
       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.
  9
                                                    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
 21
                                                    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
 25
                                                    VALERIE A. HAGGANS (pro hac
 26                                                 vice)
                                                    VHaggans@goodwinlaw.com
 27                                                 LINDSAY E. HOYLE (pro hac vice)
                                                    LHoyle@goodwinlaw.com
 28                                                 GOODWIN PROCTER LLP
                                               3
       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
  1
  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.

  8
  9
 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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