Declaration of Lindsay E. Hoyle — Bofa Ca Unemployment (Dkt. 563.2)

Record facts

U.S. District Court for the Southern District of California · No. 3:21-md-02992-GPC-MSB · Doc. 563-2 · 2025-10-17 · Docket on CourtListener

Summary

A declaration of Lindsay E. Hoyle, counsel of record for defendant Bank of America, N.A., filed October 17, 2025 as Document 563-2 in In re: Bank of America California Unemployment Benefits Litigation, No. 3:21-md-02992-GPC-MSB, in the Southern District of California. It supports the defendant's motion to exclude the purported expert opinions of the plaintiffs' expert and authenticates the attached exhibits. Exhibit 1 is the expert report dated March 4, 2025, Exhibit 2 the rebuttal report dated April 4, 2025, and Exhibit 3 excerpts from the transcript of that expert's deposition, taken June 11, 2025. Six further exhibits are documents the defendant produced, each identified by a Bates number. The cover page notes a hearing date of April 17, 2026 before Judge Gonzalo P. Curiel and states that the exhibits are filed provisionally under seal pursuant to a stipulated protective order.

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 MOT. TO EXCLUDE CLONINGER 
 
CASE NO.: 21-MD-02992-GPC-MSB
 
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GOODWIN PROCTER LLP 
ATTORNEYS AT LAW 
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. 
 
UNITED STATES DISTRICT COURT 
FOR THE 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 MOTION TO 
EXCLUDE THE PURPORTED 
EXPERT OPINIONS OF JANE 
CLONINGER 
 
Date:   
April 17, 2026 
Time:   
1:30 p.m. 
Ctrm:   
12A – 12th Floor  
Judge:  
Hon. Gonzalo P. Curiel 
 
EXHIBITS FILED PROVISIONALLY UNDER 
SEAL PURSUANT TO STIPULATED 
PROTECTIVE ORDER 
Case 3:21-md-02992-GPC-MSB     Document 563-2     Filed 10/17/25     PageID.32533 
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HOYLE DEC. ISO MOT. TO EXCLUDE CLONINGER 
 
CASE NO. 21-MD-02992-GPC-MSB 
 
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GOODWIN PROCTER LLP 
ATTORNEYS AT LAW 
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 Motion to Exclude the 
Purported Expert Opinions of Jane Cloninger. 
4. 
Attached hereto as Exhibit 1 is a true and correct copy of the Expert 
Report of Jane Cloninger, and appendices thereto, dated March 4, 2025.  
5. 
Attached hereto as Exhibit 2 is a true and correct copy of the Expert 
Rebuttal Report of Jane Cloninger, and appendices thereto, dated April 4, 2025.  
6. 
Attached hereto as Exhibit 3 is a true and correct copy of excerpts from 
the official transcript of BANA’s deposition of Plaintiffs’ expert Jane Cloninger, 
taken on June 11, 2025.  
7. 
Attached hereto as Exhibit 4 is a true and correct copy of a document 
produced by BANA in this action Bates stamped BANA_EDD_MDL-00700098.  
8. 
Attached hereto as Exhibit 5 is a true and correct copy of a document 
produced by BANA in this action Bates stamped BANA_EDD_MDL-00232665.  
9. 
Attached hereto as Exhibit 6 is a true and correct copy of a document 
produced by BANA in this action Bates stamped BANA_EDD_MDL-00624545. 
10. 
Attached hereto as Exhibit 7 is a true and correct copy of a document 
produced by BANA in this action Bates stamped BANA_EDD_MDL-00351839.  
11. 
Attached hereto as Exhibit 8 is a true and correct copy of a document 
produced by BANA in this action Bates stamped BANA_EDD_MDL-00102964.  
12. 
Attached hereto as Exhibit 9 is a true and correct copy of a document 
produced by BANA in this action Bates stamped BANA_EDD_MDL-00059687.  
/ / /  
/ / / 
Case 3:21-md-02992-GPC-MSB     Document 563-2     Filed 10/17/25     PageID.32534 
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HOYLE DEC. ISO MOT. TO EXCLUDE CLONINGER 
 
CASE NO.: 21-MD-02992-GPC-MSB
 
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GOODWIN PROCTER LLP 
ATTORNEYS AT LAW 
I declare under penalty of perjury that the foregoing is true and correct. 
Executed on October 17, 2025, in Old Greenwich, CT. 
/s/ Lindsay E. Hoyle 
 
 
LINDSAY E. HOYLE 
 
Case 3:21-md-02992-GPC-MSB     Document 563-2     Filed 10/17/25     PageID.32535 
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