Declaration of Lindsay E. Hoyle — Bofa Ca Unemployment (Dkt. 544.1)

Record facts

U.S. District Court for the Southern District of California · No. 3:21-md-02992-GPC-MSB · Doc. 544-1 · 2025-08-08 · Docket on CourtListener

Summary

A declaration by Lindsay E. Hoyle, counsel of record for defendant Bank of America, N.A., filed August 8, 2025 as Document 544-1 in In re: Bank of America California Unemployment Benefits Litigation, No. 3:21-md-02992-GPC-MSB, in the U.S. District Court for the Southern District of California. It supports the bank's reply brief on its motion to reconsider the May 29, 2025 order on the bank's motion for a protective order, and is noticed for hearing on September 16, 2025 before Judge Gonzalo P. Curiel. The declaration states that the bank produced an organizational chart in October 2023, produced executive e-mail on July 5, 2024, and substantially completed document production by July 2024. It states that fact discovery was set to close December 12, 2024 and that plaintiffs served five deposition notices on October 11, 2024. The three-page declaration was filed provisionally under seal.

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

HOYLE DECL. ISO REPLY ISO DEFENDANT’S MOT. TO RECONSIDER                            CASE NO.: 3:21-md-02992-GPC-MSB 
 
1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
JAMES W. MCGARRY (pro hac vice) 
JMcGarry@goodwinlaw.com 
GOODWIN PROCTER LLP 
100 Northern Avenue 
Boston, MA  02210 
Tel.: +1 617 570 1000 
Fax: +1 617 523 1231 
 
SABRINA M. ROSE-SMITH (pro hac vice) 
SRoseSmith@goodwinlaw.com 
MATTHEW L. RIFFEE (pro hac vice) 
MRiffee@goodwinlaw.com 
GOODWIN PROCTER LLP 
1900 N Street, NW 
Washington, DC 20036 
Tel.: +1 202 346 4000 
Fax: +1 202 346 4444 
Attorneys for Defendant  
BANK OF AMERICA, N.A. 
 
[ADDITIONAL COUNSEL LISTED IN SIGNATURE BLOCK] 
 
 
UNITED STATES DISTRICT COURT 
SOUTHERN DISTRICT OF CALIFORNIA 
SAN DIEGO DIVISION 
IN RE: BANK OF AMERICA 
CALIFORNIA UNEMPLOYMENT 
BENEFITS LITIGATION 
 
 
 
 
 
 
 
 
 
 
 
Case No. 21-MD-02992-GPC-MSB 
DECLARATION OF LINDSAY E. 
HOYLE 
IN 
SUPPORT 
OF 
DEFENDANT’S REPLY BRIEF IN 
SUPPORT OF ITS MOTION TO 
RECONSIDER 
MAY 
29, 
2025 
ORDER GRANTING IN PART 
AND 
DENYING 
IN 
PART 
DEFENDANT’S 
MOTION 
FOR 
PROTECTIVE ORDER 
 
Date:   
September 16, 2025 
Time:   
1:30 PM 
Ctrm:   
12-A – 12th Floor  
Judge:  
Hon. Gonzalo P. Curiel 
 
 
FILED 
PROVISIONALLY 
UNDER 
SEAL 
PURSUANT TO STIPULATED PROTECTIVE 
ORDER 
Case 3:21-md-02992-GPC-MSB     Document 544-1     Filed 08/08/25     PageID.30291 
Page 1 of 3

 
1 
HOYLE DECL. ISO REPLY ISO DEFENDANT’S MOT. TO RECONSIDER                             CASE NO.: 3:21-md-02992-GPC-MSB 
 
1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
I, Lindsay E. Hoyle, state and declare as follows: 
1. 
I am Counsel at Goodwin Procter LLP, and counsel of record for 
Defendant Bank of America, N.A. (“BANA”) in the above-captioned lawsuit. 
2. 
I have personal knowledge of the facts set forth in this declaration, and 
if called upon to do so, I could and would competently testify thereto. 
3. 
I make this declaration in support of BANA’s Reply Brief in Support of 
its Motion to Reconsider May 29, 2025 Order Granting in Part and Denying in Part 
BANA’s Motion for Protective Order. 
I. 
BANA Identified Relevant Executives Years Ago.  
4. 
In October 2023, BANA produced a detailed organizational chart 
bearing Bates Number BANA_EDD_MDL-00057837. The organizational chart 
reflected that 
 
 
.  
5. 
Responsive and non-privileged emails from Ms. Bessant and Mr. 
Athanasia’s custodial files were produced to Plaintiffs more than one year ago—on 
July 5, 2024—as part of the first wave of executive ESI productions.   
II. 
Plaintiffs Waited Until the End of Fact Discovery to Notice Fact 
Depositions.  
6. 
BANA substantially completed document production by July 2024, with 
most ESI having been produced by April 2024. 
7. 
Fact discovery in this case was set to close on December 12, 2024. See 
Dkt. 302, Scheduling Order at 2. 
8. 
On October 11, 2024, Plaintiffs served deposition notices for five 
individual fact depositions, including the apex depositions of Messrs. Moynihan and 
Montag, and three other depositions, noticing the depositions to take place from 
December 2, 2024 through December 12, 2024. 
Case 3:21-md-02992-GPC-MSB     Document 544-1     Filed 08/08/25     PageID.30292 
Page 2 of 3

 
2 
HOYLE DECL. ISO REPLY ISO DEFENDANT’S MOT. TO RECONSIDER                             CASE NO.: 3:21-md-02992-GPC-MSB 
 
1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
9. 
On December 2, 2024, Plaintiffs served a deposition notice for Faiz 
Ahmad, noticing the deposition to take place on December 12, 2024. 
I declare under penalty of perjury that the foregoing is true and correct. 
Executed on August 8, 2025, in Old Greenwich, CT. 
By: /s/ Lindsay E. Hoyle 
 
LINDSAY E. HOYLE (pro hac vice) 
LHoyle@goodwinlaw.com 
GOODWIN PROCTER LLP 
620 8th Avenue 
New York, NY 10018 
Tel.: +1 212 813 8800 
Fax: +1 212 355 3333 
Attorneys for Defendant 
BANK OF AMERICA, N.A. 
Case 3:21-md-02992-GPC-MSB     Document 544-1     Filed 08/08/25     PageID.30293 
Page 3 of 3

File and source

File

gov.uscourts.casd.709615.544.1.pdf

Size

159,381 bytes

SHA-256

d205906fa623e342c9f9ece291a1b7309043ebb66a8acb069a0a6198f6df1a2e

Our copy

gov.uscourts.casd.709615.544.1.pdf

Original

PACER (login required)