Order Issuing Amended SCHEDULING ORDER. Mandatory Settlement Conference set for… — Bofa Ca Unemployment (Dkt. 521)

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U.S. District Court for the Southern District of California · No. 3:21-md-02992-GPC-MSB · Doc. 521 · 2025-07-17 · Docket on CourtListener

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UNITED STATES DISTRICT COURT 
SOUTHERN DISTRICT OF CALIFORNIA 
 
IN RE: BANK OF AMERICA 
CALIFORNIA UNEMPLOYMENT 
BENEFITS LITIGATION 
 
Case No.:  21md2992-GPC (MSB) 
 
ORDER ISSUING AMENDED 
SCHEDULING ORDER 
 
A Zoom Case Management Conference was held on July 17, 2025.  (ECF No. 
519.)  After consulting with the attorneys of record and the chambers of the Honorable 
Gonzalo P. Curiel, the Court ISSUES the following Amended Scheduling Order: 
1. 
The depositions of CEO Moynihan and COO Montag must be completed by 
September 30, 2025, following the guidelines outlined in ECF No. 487.    
2. 
All pretrial motions, including those addressing Daubert issues related to 
dispositive motions must be filed by October 17, 2025.  Pursuant to Honorable Gonzalo 
P. Curiel’s Civil Pretrial & Trial Procedures, all motions for summary judgment shall be 
accompanied by a separate statement of undisputed material facts.  Any opposition to a 
summary judgment motion shall include a response to the separate statement of 
undisputed material facts.  Counsel for the moving party must obtain a motion hearing 
date from the law clerk of the judge who will hear the motion.  Motion papers MUST be 
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filed and served the same day of obtaining a motion hearing date from chambers. A 
briefing schedule will be issued once a motion has been filed.  The period of time 
between the date you request a motion date and the hearing date may vary.  Please plan 
accordingly.  Failure to make a timely request for a motion date may result in the motion 
not being heard. 
3. 
A Mandatory Settlement Conference shall be conducted on March 30, 2026, 
at 9:30 a.m., in the chambers of Magistrate Judge Michael S. Berg located at 221 West 
Broadway, second floor, San Diego, CA 92101.  Upon arrival, parties should check in 
with Judge Berg’s chambers using the callbox located by the second-floor elevators.  All 
discussions at the Mandatory Settlement Conference will be informal, off-the-record, 
privileged, and confidential.  Counsel for any non-English speaking party is responsible 
for arranging for the appearance of an interpreter at the conference. 
a. 
Personal Appearance of Parties Required:  All named parties, party 
representatives, claims adjusters for insured defendants, and the principal attorney(s) 
responsible for the litigation, must be present in person and prepared to discuss and 
resolve the case.  Counsel appearing without their clients (whether or not counsel has 
been given settlement authority) will be cause for immediate imposition of sanctions and 
may also result in the immediate termination of the conference. 
b. 
Full Settlement Authority Required:  A party or party 
representative with full settlement authority must be present at the conference.  Retained 
outside corporate counsel must not appear on behalf of a corporation as the party 
representative who has the authority to negotiate and enter into a settlement.  A 
government entity may be excused from this requirement so long as the government 
attorney who attends the Mandatory Settlement Conference has (1) primary responsibility 
for handling the case, and (2) authority to negotiate and recommend settlement offers to 
the government official(s) having ultimate settlement authority.  
/ / 
/ / 
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c. 
Confidential Settlement Statements Required:  By 
March 23, 2026, the parties shall submit directly to Magistrate Judge Berg’s chambers 
(via hand delivery or by e-mail to the Court at efile_berg@casd.uscourts.gov), 
confidential settlement statements.  The statements are limited to ten (10) pages, plus an 
additional ten (10) pages of exhibits.  Each party’s settlement statement must outline (1) 
significant facts established during discovery and the effect these facts have on the issues 
in the case; (2) counsel’s insights regarding how best to reach settlement; (3) a specific 
demand/offer for settlement; and (4) any previous settlement negotiations or mediation 
efforts.  The Mandatory Settlement Conference statement must not merely repeat what 
was contained in the Early Neutral Evaluation conference brief or any earlier settlement 
brief.  To the extent specific discovery responses, portions of deposition testimony, or 
expert reports are pertinent to the Court’s evaluation of the matter, these documents must 
be attached as exhibits.  Evidence supporting or refuting either party’s claim for damages 
must also be identified and included as an exhibit.  A general statement, such as a party 
will “negotiate in good faith,” is not a specific demand or offer.  The settlement 
statement should be submitted confidentially and need not be shared with other parties.   
d. 
Requests to Continue a Mandatory Settlement Conference:   
Any request to continue the Mandatory Settlement Conference, or request for relief from 
any of the provisions or requirements of this Order, must be sought by a written 
application.  Absent good cause, requests for continuances will not be considered 
unless submitted in writing no fewer than seven (7) calendar days prior to the 
scheduled conference. 
If the case is settled in its entirety before the scheduled date of the conference, 
counsel and any unrepresented parties must still appear in person, unless a written 
joint notice confirming the complete settlement of the case is filed no fewer than 
twenty-four (24) hours before the scheduled conference. 
4. 
Pursuant to Honorable Gonzalo P. Curiel’s Civil Pretrial & Trial Procedures, 
the parties are excused from the requirement of Local Rule 16.1(f)(2)(a); no Memoranda 
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of Law or Contentions of Fact are to be filed. 
5. 
Counsel shall comply with the pre-trial disclosure requirements of Fed. R. 
Civ. P. 26(a)(3) by May 8, 2026.  Failure to comply with these disclosure requirements 
could result in evidence preclusion or other sanctions under Fed. R. Civ. P. 37. 
6. 
Counsel shall meet and take the action required by Local Rule 16.1(f)(4) by 
May 15, 2026.  At this meeting, counsel shall discuss and attempt to enter into 
stipulations and agreements resulting in simplification of the triable issues. Counsel shall 
exchange copies and/or display all exhibits other than those to be used for impeachment.  
The exhibits shall be prepared in accordance with Local Rule 16.1(f)(4)(c).  Counsel shall 
note any objections they have to any other parties’ Pretrial Disclosures under Fed. R. Civ. 
P. 26(a)(3).  Counsel shall cooperate in the preparation of the proposed pretrial 
conference order. 
7. 
Plaintiffs’ counsel will be responsible for preparing the pretrial order and 
arranging the meetings of counsel pursuant to Civil Local Rule 16.1(f).  By May 22, 
2026, Plaintiffs’ counsel must provide opposing counsel with the proposed pretrial order 
for review and approval.  Opposing counsel must communicate promptly with Plaintiffs’ 
counsel concerning any objections to form or content of the pretrial order, and both 
parties shall attempt promptly to resolve their differences, if any, concerning the order. 
8. 
The Proposed Final Pretrial Conference Order, including objections to any 
other parties’ Fed. R. Civ. P. 26(a)(3) Pretrial Disclosures shall be prepared, served and 
lodged with the assigned district judge by May 29, 2026, and shall be in the form 
prescribed in and comply with Local Rule 16.1(f)(6). 
9. 
The final Pretrial Conference is scheduled on the calendar of the Honorable 
Gonzalo P. Curiel on June 5, 2026 at 1:30 p.m.  The Court will set a trial date during 
the pretrial conference.  The Court will also schedule a motion in limine hearing date 
during the pretrial conference. 
10. 
The parties must review the chambers’ rules for the assigned district judge 
and magistrate judge. 
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11. 
A post trial settlement conference before a magistrate judge may be held 
within 30 days of verdict in the case. 
12. 
The dates and times set forth herein will not be modified except for good 
cause shown. 
13. 
Briefs or memoranda in support of or in opposition to all motions noticed for 
the same motion day shall not exceed twenty-five (25) pages in length, per party, without 
leave of the judge who will hear the motion.  No reply memorandum shall exceed ten 
(10) pages without leave of a district court judge.  Briefs and memoranda exceeding ten 
(10) pages in length shall have a table of contents and a table of authorities cited. 
14. 
Plaintiffs’ counsel shall serve a copy of this order on all parties that enter 
this case hereafter. 
IT IS SO ORDERED. 
Dated:  July 17, 2025 
 
 
 
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