Court filing
Exhibit 33 — In re Bank of America California Unemployment Benefits Litigation (Dkt. 565-9, S.D. Cal. No. 3:21-md-02992)
Filed October 17, 2025 in In re Bank of America California Unemployment Benefits Litigation; one of 1415 filings from this case.
Record facts
| Court | U.S. District Court for the Southern District of California |
|---|---|
| Filed | 2025-10-17 |
U.S. District Court for the Southern District of California · No. 3:21-md-02992-GPC-MSB · Doc. 565-9 · 2025-10-17 · Docket on CourtListener
Full text
HX 33
FILED
PROVISIONALLY
UNDER SEAL WITH
REDACTIONS
PURSUANT TO
STIPULATED
PROTECTIVE ORDER
Case 3:21-md-02992-GPC-MSB Document 565-9 Filed 10/17/25 PageID.33319
Page 1 of 21
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
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SAN DIEGO DIVISION
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Civil Action No. 21-MD-02992-GPC-MSB
____________________________________________________________
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IN RE: BANK OF AMERICA CALIFORNIA
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UNEMPLOYMENT BENEFITS LITIGATION
____________________________________________________________
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7
VIDEO DEPOSITION OF CHLOE NOEL EAST, Ph.D.
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May 15, 2025
____________________________________________________________
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10
APPEARANCES:
ON BEHALF OF THE PLAINTIFFS:
11
CAROLINE HUNSICKER, ESQ.
CONNIE K. CHAN, ESQ. (via remote)
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Altshuler Berzon LLP
177 Post Street, Suite 300
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San Francisco, California 94108
Phone: 415-421-7151
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Email: chunsicker@altshulerberzon.com
Email: cchan@altber.com
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16
and
JOSHUA B. SWIGART, ESQ. (via remote)
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ILANA PLATKIEWICZ, ESQ. (via remote)
Swigart Law Group, APC
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2221 Camino Del Rio S, Suite 308
San Diego, California 92108
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Phone: 866-219-3343
Email: josh@swigartlawgroup.com
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Email: ilana@swigartlawgroup.com
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connection to individuals who are receiving UI reporting 09:27AM
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an unauthorized charge on their AT -- an unauthorized 09:27AM
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charge at an ATM on their account that includes their UI 09:27AM
4
benefits. 09:27AM
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Q. Now, I just -- I just want to clarify for 09:28AM
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purposes of the record. 09:28AM
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Are you referring to they were denied 09:28AM
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access to all of their benefits by Bank of America or they 09:28AM
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were denied benefits in connection with a claim as to an 09:28AM
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unauthorized charge at the ATM? 09:28AM
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MS. HUNSICKER: Objection. Confusing. 09:28AM
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A. My understanding is that they were denied 09:28AM
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the benefits that were in connection with the 09:28AM
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unauthorized charge. 09:28AM
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Q. (By Ms. Brys) Okay. And what is your role 09:28AM
23
in this case to the best of your understanding? 09:28AM
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A. I was asked to provide expert information 09:28AM
25
about the financial situation of UI recipients and how 09:28AM
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important UI is for individuals who are receiving it as 09:28AM
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well as the harms that will be caused as a result of 09:29AM
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denying some UI benefits and the -- and to provide an 09:29AM
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estimate of the cost faced by class members as a result 09:29AM
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of this denial. 09:29AM
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Q. And just for clarifying the record, by "UI" 09:29AM
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you mean unemployment insurance. 09:29AM
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A. Yes. Thank you. 09:29AM
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Q. Much shorter. 09:29AM
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And what you just testified to, that -- 09:29AM
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that was the assignment you were given in connection with 09:29AM
12
this case; is that accurate? 09:29AM
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A. Yes. 09:29AM
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Q. Okay. Let's mark as Exhibit 2 your expert 09:29AM
15
report. Have you seen this document before? 09:29AM
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(Exhibit Number 2 was marked.) 09:30AM
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A. Yes. 09:30AM
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Q. Does this accurately reflect your opinions 09:30AM
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in this case? 09:30AM
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A. Yes. 09:30AM
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Q. Since -- what is the date of that report? 09:30AM
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A. The date is March 4, 2025. 09:30AM
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Q. As you sit here today, do you have anything 09:30AM
24
you would like to change or amend from your report? 09:30AM
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A. No. 09:30AM
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Q. Do you intend to offer any additional 09:30AM
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opinions beyond what's contained in your report? 09:30AM
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A. Not as I sit here today, no. 09:30AM
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Q. So as you sit here today, the report, 09:30AM
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Exhibit 2, in front of you, accurately reflects your 09:30AM
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opinions that you intend to offer as of today in this 09:30AM
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case? 09:30AM
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A. Yes. Although I did review the two 09:30AM
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rebuttal reports by the Bank of America experts and have 09:31AM
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some thoughts based on those reports that may come up 09:31AM
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today as well. 09:31AM
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Q. Well, just for purposes of the record, 09:31AM
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let's put in the designations first and then I will 09:31AM
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clarify which reports you reviewed just so we can get that 09:31AM
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clear. 09:31AM
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A. Uh-hmm. 09:31AM
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Q. So let's do Plaintiffs' Supplemental Expert 09:31AM
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Designation as Exhibit 3. Have you seen this document 09:31AM
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before? 09:31AM
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(Exhibit Number 3 was marked.) 09:31AM
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A. Yes. 09:31AM
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Q. Does this accurately reflect your retention 09:31AM
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by Plaintiffs? 09:31AM
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A. Yes. 09:32AM
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Q. Okay. What's the date of this designation? 09:32AM
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about this deposition? 09:58AM
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A. Several times. I don't remember the dates 09:58AM
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but several times over the last month or so. 09:58AM
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Q. Okay. Okay. Now, looking at exhibit -- 09:58AM
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strike that. 09:58AM
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Looking at Exhibit 2, Appendix B, have you 09:58AM
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reviewed any documents that have been filed and served in 09:59AM
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this case in connection with your expert report? 09:59AM
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A. The only case documents I reviewed are the 09:59AM
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ones listed under case materials except for the ones 09:59AM
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since -- on and since March 4, 2025. 09:59AM
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Q. And when you say except for the ones on and 09:59AM
13
since March 4, 2025, are you referring to the expert 09:59AM
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reports that we've otherwise introduced today? 09:59AM
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A. Yes. Thank you. 09:59AM
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Q. Have you referred -- have you reviewed any 09:59AM
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additional documents pertaining to this case in connection 09:59AM
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with your representation of Plaintiffs in this action? 09:59AM
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A. No. 09:59AM
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Q. Have you reviewed the complaint in this 09:59AM
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case? 10:00AM
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A. No. 10:00AM
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Q. Have you reviewed any motions that were 10:00AM
24
filed in this case? 10:00AM
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A. No. 10:00AM
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Q. Any discovery responses? 10:00AM
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A. No. 10:00AM
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Q. Any deposition transcripts? 10:00AM
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A. No. 10:00AM
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Q. Are you aware that this litigation is 10:00AM
6
proceeding as a class action? 10:00AM
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A. Yes. 10:00AM
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Q. And what is your understanding as to that? 10:00AM
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MS. HUNSICKER: Objection. Vague. 10:00AM
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A. Can you clarify the question? 10:00AM
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Q. (By Ms. Brys) Is this a case in which 10:00AM
12
representatives are seeking to represent a class of 10:00AM
13
individuals? 10:00AM
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A. Yes, that's my understanding. 10:00AM
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Q. So in your materials considered at 10:00AM
16
Appendix B, who provided you with the materials that are 10:00AM
17
listed here? 10:00AM
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A. If you're referring to the case materials, 10:00AM
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that came to me from Plaintiffs' counsel. 10:01AM
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Q. Did you request these materials? 10:01AM
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A. No. They were provided to me for 10:01AM
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background information for preparing my report. 10:01AM
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Q. Did you request any additional materials 10:01AM
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besides those provided to you under case materials? 10:01AM
25
A. No. 10:01AM
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well as the 2024 Peter Ganong, et al. paper. 11:18AM
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Q. Okay. And then in addition to the CARES 11:18AM
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Act, are you familiar with the Pandemic Unemployment 11:19AM
4
Assistance Program? 11:19AM
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A. Yes. 11:19AM
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Q. What is that program? 11:19AM
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A. I believe, if I'm remembering correctly, 11:19AM
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this is the $300 supplement that was issued beginning in 11:19AM
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January 2021. 11:19AM
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Q. And to the extent it's your understanding 11:19AM
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that it is an additional supplement that was issued, would 11:19AM
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that include -- would that increase a -- would that check 11:19AM
13
increase a recipient's liquidity? 11:19AM
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A. Yes, it would increase the recipient's 11:19AM
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liquidity although, again, the evidence that I reviewed 11:19AM
16
suggests that it's not drastically changing households' 11:19AM
17
finances and that they're still in a difficult financial 11:20AM
18
situation. 11:20AM
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Q. Likewise, are you familiar with the Federal 11:20AM
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Pandemic Unemployment Compensation Program? 11:20AM
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A. I am forgetting the details of that one. 11:20AM
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Q. I'm representing that it initially provided 11:20AM
23
an additional 600 per week. 11:20AM
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To the extent I make that representation 11:20AM
25
and UI benefits supplements for up to four months, does 11:20AM
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that refresh your recollection as to that program? 11:20AM
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A. Yes. Thank you. 11:20AM
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Q. Is it your understanding that that program 11:20AM
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would increase the check recipient's liquidity? 11:20AM
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A. Yes. This increase would increase the UI 11:20AM
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recipient's liquidity. 11:20AM
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And again, all the statistical analyses 11:20AM
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that I've done and the literature that I've reviewed 11:20AM
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suggests that households still remain in a difficult 11:21AM
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financial situation overall. 11:21AM
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Q. Likewise, are you aware of the Pandemic 11:21AM
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Emergency Unemployment Compensation Program? 11:21AM
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A. I'm forgetting the -- the details of that 11:21AM
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one as well. If you could remind me, please. 11:21AM
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Q. If I could represent to you that it 11:21AM
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provided an additional 13 weeks of UI benefits between 11:21AM
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March 29, 2020, and December 26, 2020, and then it was 11:21AM
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subsequently reinstated, does that refresh your 11:21AM
19
recollection as to additional benefits that were provided 11:21AM
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under this program? 11:21AM
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A. Yes. Thank you. 11:21AM
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Q. Is it your understanding as to whether that 11:21AM
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would, in fact, increase the recipients of that program's 11:21AM
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liquidity? 11:21AM
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MS. HUNSICKER: Objection. Vague. 11:21AM
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A. Relative to not having any unemployment 11:21AM
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insurance benefits, having more unemployment insurance 11:22AM
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benefits would increase the household's liquidity. 11:22AM
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Although again, I did not see any evidence of big changes 11:22AM
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in household finances and households are still in a 11:22AM
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difficult financial situation. 11:22AM
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Q. (By Ms. Brys) Are you aware of the 11:22AM
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COVID-Related Tax Relief Act of 2020? 11:22AM
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A. I'm forgetting the details of that one. 11:22AM
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Q. To clarify, it provided -- does it refresh 11:22AM
11
your recollection if I state that it provided an 11:22AM
12
additional $600 for eligible individuals and up to $600 11:22AM
13
for qualifying children under the age of 17? Does that 11:22AM
14
refresh your recollection? 11:22AM
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A. Yes, it does. 11:22AM
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Can I ask a follow-up question? Can you 11:22AM
17
remind me of the timing of that one? 11:22AM
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Q. The date of that one. Plot twist. Hold on 11:22AM
19
a second. January 2021. 11:22AM
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A. Okay. Perfect. 11:23AM
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Q. I believe it was enacted in late December 11:23AM
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2020. 11:23AM
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A. Thank you. That does refresh my memory. 11:23AM
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Q. And in your opinion, would recipients of 11:23AM
25
those additional funds, would that increase their 11:23AM
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liquidity? 11:23AM
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A. Yes, that would increase their liquidity. 11:23AM
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Although all the data that I analyzed and 11:23AM
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the literature that I reviewed suggests that it doesn't 11:23AM
5
increase their liquidity by enough to get them out of 11:23AM
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their difficult financial situation. 11:23AM
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Q. Are you also familiar with the American 11:23AM
8
Rescue Plan Act of 2021? 11:23AM
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A. Yes. 11:23AM
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Q. So would it be accurate to say that it 11:23AM
11
provided payments of up to $1400 to eligible individuals, 11:23AM
12
$2800 for married couples filing jointly, and $1400 for 11:24AM
13
qualifying dependents? 11:24AM
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A. I don't remember those numbers off the top 11:24AM
15
of my head but that sounds reasonable to me. 11:24AM
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Q. And would those additional funds that were 11:24AM
17
provided to those recipients, would that increase their 11:24AM
18
liquidity? 11:24AM
19
A. It would increase their liquidity. 11:24AM
20
Although, the data that I reviewed and the 11:24AM
21
literature that I reviewed suggests that it would not 11:24AM
22
increase their liquidity to a point to get them out of 11:24AM
23
their difficult financial situation. 11:24AM
24
Q. Are you also familiar with the Golden State 11:24AM
25
Stimulus Program? 11:24AM
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A. I do not remember the details of that one. 11:24AM
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Q. If I represented to you that California 11:24AM
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offered two rounds of stimulus payments to low-income 11:24AM
4
individuals during the pandemic, does that refresh your 11:24AM
5
recollection? 11:24AM
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A. Yes. 11:24AM
7
Q. Would recipients of those additional funds, 11:24AM
8
would that increase their liquidity through receipt of 11:25AM
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those funds? 11:25AM
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A. Yes. 11:25AM
11
Although all the data that I analyzed and 11:25AM
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the literature that I reviewed suggests that households 11:25AM
13
still remain in a difficult financial situation. 11:25AM
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Q. And are you familiar with the fact that 11:25AM
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California had a statewide moratoria on disconnection of 11:25AM
16
essential services for nonpayment and waiver of fees for 11:25AM
17
late payments during the COVID era? 11:25AM
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A. Yes. 11:25AM
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Q. What impact would that have on an 11:25AM
20
individual household's liquidity? 11:25AM
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A. Hypothetically, that program could reduce 11:25AM
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household expenses. 11:25AM
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Although, all the data that I reviewed and 11:25AM
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the literature that I've reviewed suggests that 11:25AM
25
households remain in a difficult financial situation. 11:25AM
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A. Well, for this analysis, I was focused on 01:58PM
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getting a sense about what are the borrowing options 01:58PM
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available to UI recipients to get a sense about the 01:58PM
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borrowing costs, and so I wanted to include different 01:58PM
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types of potential borrowing. 01:58PM
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Q. Did you include individuals who marked by 01:58PM
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selling something? 01:58PM
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A. Yes. 01:58PM
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Q. And why did you include those by selling 01:58PM
10
something who marked that as their response? 01:58PM
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A. So for this -- for selling something, 01:58PM
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while it isn't a source of borrowing exactly, it is a, 01:58PM
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sort of, financial mechanism that people use to deal with 01:58PM
14
changes in their finances. So it seemed important to -- 01:58PM
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to think about that as a potential option as well. 01:58PM
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Q. And so for purposes of understanding your 01:58PM
17
opinion, you are offering the interest rate of 01:59PM
18
20.8 percent as a representative interest rate; is that 01:59PM
19
accurate? 01:59PM
20
A. Yes. 01:59PM
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Q. And is that 20.8 percent interest rate 01:59PM
22
applicable to all classes? 01:59PM
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MS. HUNSICKER: Objection. Confusing. 01:59PM
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A. All classes or all class members or... 01:59PM
25
Q. (By Ms. Brys) All -- all -- I guess we 01:59PM
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will start with all classes. So all of the claimed denial 01:59PM
2
class, the credit rescission class. Would you say that 01:59PM
3
the 20.8 percent is applicable to all different proposed 01:59PM
4
classes as you understand them? 01:59PM
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MS. HUNSICKER: Objection. Confusing. 01:59PM
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A. I would say it's applicable to the claim 01:59PM
7
denial, the credit rescission and the account freeze 01:59PM
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classes that we were discussing earlier. 01:59PM
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Q. (By Ms. Brys) And it is your opinion that 01:59PM
10
the 20.8 percent is representative to all individuals 01:59PM
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within each of those classes. 02:00PM
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A. It is my opinion that we can use 02:00PM
13
20.8 percent as a representative number of the cost faced 02:00PM
14
by class members, yes, in all three classes. 02:00PM
15
Q. So to the extent you look at, for instance, 02:00PM
16
the account freeze class, would your opinion change based 02:00PM
17
on the balance of the account at the time it was frozen? 02:00PM
18
A. No, it would not. 02:00PM
19
Q. What if the balance was negative? Would 02:00PM
20
that impact your opinion? 02:00PM
21
A. No, it would not because I'm focused on 02:00PM
22
the most common response and the cost of the most common 02:00PM
23
response. 02:00PM
24
Q. So would your opinion change if 12,000 of 02:00PM
25
the accounts were frozen for less than one week? 02:01PM
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MS. HUNSICKER: Objection. Calls for 02:01PM
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speculation. 02:01PM
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A. It's hard to say given that I haven't seen 02:01PM
4
any data that suggests that that's the case. 02:01PM
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Q. (By Ms. Brys) So even for a claim of less 02:02PM
21
than $5, you would still use the credit card borrowing 02:02PM
22
20.8 percent interest rate. 02:02PM
23
A. Yes. Because the 20.8 is representative 02:02PM
24
of the cost faced by the majority of class members. And 02:02PM
25
some will have slightly higher amounts and some will have 02:02PM
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slightly lower amounts but my goal is to provide a 02:02PM
2
representative number that can be applied to -- to all 02:02PM
3
class members. 02:02PM
11
Q. (By Ms. Brys) Is it your opinion that 02:02PM
12
those individuals would have taken on credit card debt? 02:02PM
13
MS. HUNSICKER: Objection. Calls for 02:02PM
14
speculation. 02:02PM
15
A. Again, my method is not trying to identify 02:02PM
16
which individuals would turn to credit card borrowing but 02:03PM
17
rather that most individuals returned to credit card 02:03PM
18
borrowing or some method that's more expensive than 02:03PM
19
credit card borrowing. 02:03PM
20
Q. (By Ms. Brys) But most is not all; 02:03PM
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correct? 02:03PM
22
A. Correct. 02:03PM
23
Q. I can turn to more data. 02:03PM
24
So I understand you previously referenced 02:03PM
25
the Pulse data? 02:03PM
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loss of benefits to $5 or if it is a permanent loss 02:11PM
2
because UI benefits have ended, they've expired, your 02:11PM
3
opinions are the same? 02:11PM
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A. Yes, my opinions are the same. Because 02:11PM
5
part of the value of UI benefits is that they're paid in 02:11PM
6
a timely manner because individuals need the benefits in 02:11PM
7
order to cover their spending needs. And so whether or 02:11PM
8
not it's temporary, my opinions don't change. 02:11PM
9
Q. And the amount that is lost, your opinions 02:11PM
10
don't change; is that -- 02:11PM
11
A. Correct. Uh-hmm. 02:11PM
12
Q. Do you know whether any class 02:11PM
13
representative here turned to expensive methods of 02:11PM
14
borrowing when a portion of their UI benefits were halted? 02:11PM
15
MS. HUNSICKER: Objection. Outside the 02:11PM
16
scope of the report. 02:11PM
17
A. I have seen information in the expert 02:11PM
18
report of McCrary that indicates that. 02:11PM
19
Q. (By Ms. Brys) And you understand that the 02:12PM
20
class representatives are seeking to represent the class? 02:12PM
21
MS. HUNSICKER: Objection. Calls for a 02:12PM
22
legal conclusion. 02:12PM
23
A. I do understand that, although it is 02:12PM
24
outside the area of my expertise. 02:12PM
25
Q. (By Ms. Brys) Did you review any materials 02:12PM
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that pertained to the class representatives in connection 02:12PM
2
with your report? 02:12PM
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A. No, I did not, because I was focused on 02:12PM
4
getting a large and representative sample of UI 02:12PM
5
recipients in California. 02:12PM
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Q. So for purposes of the record, you didn't 02:12PM
7
review any of their interrogatory responses or written 02:12PM
8
discovery responses. 02:12PM
9
A. Correct. 02:12PM
10
Q. None of the documents that they produced. 02:12PM
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MS. HUNSICKER: Objection. Vague. 02:12PM
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Q. (By Ms. Brys) Did you review the documents 02:12PM
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that they produced in this case? 02:12PM
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A. I did not. 02:13PM
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Q. Did you review any of the deposition 02:13PM
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testimony that the class representatives provided? 02:13PM
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A. No. 02:13PM
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Q. And so you didn't consider any of the class 02:13PM
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representatives' responses or materials or documents in 02:13PM
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forming your opinion in this case. 02:13PM
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A. There's some sort of overall statistics 02:13PM
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that were included in the expert report of Victor Stango 02:13PM
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that I reviewed in preparing my report, but I did not 02:13PM
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review any individual level data on class members, no. 02:13PM
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the principal amount that they were denied. 03:36PM
2
Q. And the principal amount in this case for 03:36PM
3
the account freeze class related to their denied -- 03:36PM
4
delayed benefit payments would be what? 03:36PM
5
A. The amount of benefits that they were 03:37PM
6
denied access to. 03:37PM
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Q. And is it your understanding that those 03:37PM
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ongoing benefits were received right away? 03:37PM
9
A. No, it's not my understanding. 03:37PM
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Q. What is your understanding of when they 03:37PM
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were received, if at all? 03:37PM
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A. It's my understanding that there was a 03:37PM
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delay, but I don't have a good sense about the exact 03:37PM
14
length of that delay. 03:37PM
15
Q. Okay. Can you go to Paragraph 10(F) of 03:37PM
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your report, please. 03:37PM
17
Your opinion here says, In my opinion, the 03:37PM
18
average credit card interest rate of 20.8 percent is an 03:37PM
19
appropriate figure to use to calculate the cost to class 03:37PM
20
members resulting from denial of access to their 03:37PM
21
principal claim amounts and frozen account balances. 03:37PM
22
Can you explain what you mean by that, 03:37PM
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please? 03:37PM
24
A. Yes. 03:37PM
25
So in my report, I review research and 03:38PM
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conduct my own analysis to come up with the 20.8 credit
03:38PM
card interest rate as appropriate, if anything,
03:38PM
underestimate of the cost faced by class members.
And
03:38PM
because my report is focused on providing this interest
03:38PM
rate that will lead to an aggregate damages calculation,
03:38PM
the important thing is that the 20.8 percent is
03:38PM
representative of a large -- large number of class
03:38PM
members, and so there might be some class members that
03:38PM
have slightly lower interest rates that they face or
03:38PM
slightly higher interest rates that they face.
But when
03:38PM
applying this average measure to the entire class and
03:38PM
aggregating up, it will be just as good as taking those
03:38PM
slightly lower or slightly higher and aggregating all of
03:38PM
those up.
It will be -- it will lead to the same
03:39PM
estimate.
03:39PM
Q.
When you say "just as good," what do you
03:39PM
mean by that?
03:39PM
A.
I mean it will lead to the same estimate
03:39PM
of the aggregate damages.
03:39PM
Q.
Okay.
Are all -- are all proposed class
03:39PM
members individuals in California who received UI benefits
03:39PM
in 2020 or 2021?
A.
Yes.
All proposed class members are UI
recipients in California who received benefits during
2020 or 2021, which is why my analysis of the SIPP data
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03:39PM
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CERTIFICATE OF COURT REPORTER
I , DEANNA BAYSINGER, a Registered Professional
Reporter and Notary Public within and for the State of
Colorado, commissioned to administer oaths, do hereby
certify that previous to the commencement of the
examination, the witness was duly sworn by me to testify
the truth in relation to matters in controversy between
the said parties ; that the said deposition was taken in
stenotype by me at the time and place aforesaid and was
thereafter reduced to typewritten form by me ; and that
the foregoing is a true and correct transcript of my
stenotype notes thereof .
That I am not an attorney nor counsel nor in
any way connected with any attorney or counsel for any of
the parties to said action nor otherwise interested in the
outcome of this action .
My commission expires :
November 8, 2026 .
DEANNA BAYSINGER
Registered Professional Reporter
Notary Public, State of Colorado
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