14AG — In re Bank of America California Unemployment Benefits Litigation (Dkt. 591-32, S.D. Cal. No. 3:21-md-02992)

Record facts

U.S. District Court for the Southern District of California · No. 3:21-md-02992-GPC-MSB · Doc. 591-32 · 2025-10-17 · Docket on CourtListener

Full text

DX 14.AG 
REDACTED VERSION OF 
DOCUMENT SOUGHT TO 
BE SEALED PURSUANT TO 
STIPULATED 
PROTECTIVE ORDER 
Case 3:21-md-02992-GPC-MSB     Document 591-32     Filed 10/17/25     PageID.41468 
Page 1 of 11

Videotaped Deposition of
Victor Oreste Stango, III
May 30, 2025
In Re Bank of America CA Unemployment Benefits Litigation
Confidential
Case 3:21-md-02992-GPC-MSB     Document 591-32     Filed 10/17/25     PageID.41469 
Page 2 of 11

1      IN THE UNITED STATES DISTRICT COURT
2       SOUTHERN DISTRICT OF CALIFORNIA
3
 IN RE: BANK OF AMERICA    ) Case No.
4 CALIFORNIA UNEMPLOYMENT    ) 3:21-md-02992-GPC-MSB
 BENEFITS LITIGATION      )
5                )
6
7            CONFIDENTIAL
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       VIDEOTAPED EXPERT DEPOSITION OF
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        VICTOR ORESTE STANGO, III
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       _________________________________
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          Friday, May 30, 2025
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REPORTED BY:
  ANGELA KOTT, CSR 7811
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JOB NO: 10163427
Victor Oreste Stango, III
Confidential
In Re Bank of America CA Unemployment Benefits Litigation
www.aptusCR.com
Victor Oreste Stango, III
Confidential
In Re Bank of America CA Unemployment Benefits Litigation
www.aptusCR.com
Page 1
Case 3:21-md-02992-GPC-MSB     Document 591-32     Filed 10/17/25     PageID.41470 
Page 3 of 11

1    Q.
Did you ask to speak with any Bank
2
employees at any time?
3    A.
No.
4    Q.
And why did you not ask to speak with any
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Bank employees?
6    A.
I didn't think that it was necessary to
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speak with them in preparing my report.
8      MS. CHAN:
Can I get Tab 2.
9      (Whereupon, Exhibit 4 was marked for
10      identification)
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BY MS. CHAN:
12    Q.
The court reporter has handed you a
13
document that's been marked Exhibit 4.
14      Do you recognize this document?
15    A.
It appears to be a copy of my expert report
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dated April 4th.
17    Q.
And this is the report that you were
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referring to earlier when we were looking at the
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Bank's rebuttal expert designations, Exhibit 2?
20    A.
Yes.
21    Q.
This is the report that contains all of
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your opinions that you intend to offer in this case,
23
correct?
24    A.
This report and, to the extent that the
25
other report is still active, my opinions in that
Victor Oreste Stango, III
Confidential
In Re Bank of America CA Unemployment Benefits Litigation
www.aptusCR.com
Victor Oreste Stango, III
Confidential
In Re Bank of America CA Unemployment Benefits Litigation
www.aptusCR.com
Page 32
Case 3:21-md-02992-GPC-MSB     Document 591-32     Filed 10/17/25     PageID.41471 
Page 4 of 11

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report stand as well, yes.
2    Q.
Are all of the -- you anticipated my next
3
question.
4      Are all of the opinions expressed in that
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first report, the October 24th report, also
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expressed in your April 4th report?
7    A.
I believe that there are some differences
8
between them, so I would consider my opinions to be
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expressed by the entirety of what I've said in those
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two reports.
11    Q.
To the extent that there are differences
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between your October 24th report and your April 4th
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report, does your April 4th report supersede the
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opinions expressed in the October 24th report?
15    A.
I'm not sure what you mean by "supersede."
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I think that I would say that I consider both of
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them to contain my opinions.
18    Q.
If there's any inconsistency or conflict
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between the two reports, does the April 4th report
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supersede the opinions in the April -- in the
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October 24th report?
22    A.
I'm not aware of any such conflicts.
If
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there is something specific about the differences
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you'd like to discuss, then I think I'd prefer to
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take those example by example.
Victor Oreste Stango, III
Confidential
In Re Bank of America CA Unemployment Benefits Litigation
www.aptusCR.com
Victor Oreste Stango, III
Confidential
In Re Bank of America CA Unemployment Benefits Litigation
www.aptusCR.com
Page 33
Case 3:21-md-02992-GPC-MSB     Document 591-32     Filed 10/17/25     PageID.41472 
Page 5 of 11

1    Q.
So between these two reports -- strike
2
that.
3      These two reports contain all the opinions
4
that you intend to provide in this case?
5    A.
That's correct.
6    Q.
And these two reports set forth all the
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bases for all the opinions that you intend to
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provide in this case?
9    A.
That's correct.
10    Q.
Have you formed any opinions in this case
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that are not set forth in these two reports?
12    A.
No.
13    Q.
Have Bank counsel asked you to form any
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opinions in this case that are not set forth in
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these two reports?
16    A.
No.
17    Q.
If you could turn to page 2 of Exhibit 4.
18
And I'll be referring to this document as your --
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either your rebuttal report or your April 4th report
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throughout the day.
This is Exhibit 4.
21      Under Section II, "Assignment,"
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paragraph 6, it says, "I have been retained in this
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matter by Goodwin Procter LLP, counsel for Bank of
24
America.
I have been asked to review and respond to
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certain opinions expressed by Greg J. Regan in his
Victor Oreste Stango, III
Confidential
In Re Bank of America CA Unemployment Benefits Litigation
www.aptusCR.com
Victor Oreste Stango, III
Confidential
In Re Bank of America CA Unemployment Benefits Litigation
www.aptusCR.com
Page 34
Case 3:21-md-02992-GPC-MSB     Document 591-32     Filed 10/17/25     PageID.41473 
Page 6 of 11

Victor Oreste Stango, III
Confidential
In Re Bank of America CA Unemployment Benefits Litigation
www.aptusCR.com
Victor Oreste Stango, III
Confidential
In Re Bank of America CA Unemployment Benefits Litigation
www.aptusCR.com
Page 101
Case 3:21-md-02992-GPC-MSB     Document 591-32     Filed 10/17/25     PageID.41474 
Page 7 of 11

Confidential 
Victor Oreste Stango, Ill 
In Re Bank of America CA Unemployment Benefits Litigation 
9 
MS. CHAN: 
Can I get Tab 26. 
10 
(Whereupon, Exhibit 7 was marked for 
11 
identification) 
12 
BY MS. CHAN: 
13 
Q. 
The court reporter has handed you a 
14 
document that's been marked Exhibit 7. 
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Have you seen this document before? 
16 
17 
A. 
Yes. 
Q. 
This is the expert rebuttal report of Carl 
18 
Pry dated April 4th, 2025, correct? 
A. 
Yes. 
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20 
Q. 
And you cite this report in footnote 151 of 
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your report, correct? 
22 
A. 
Yes. 
23 
Q. 
Can you turn to paragraph 49 of Mr. Pry's 
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report. 
It's on page 24. 
25 
A. 
I'm there. 
www.aptusCR.com 
Page 102 
Case 3:21-md-02992-GPC-MSB     Document 591-32     Filed 10/17/25     PageID.41475 
Page 8 of 11

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became examining their situations as of the time
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period for which I had data.
3    Q.
So up until the moment that the funds are
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returned, the cardholder has lost the funds,
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correct, from a damages perspective?
6    A.
That could be true or it could not be true.
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I think you're asking about a hypothetical different
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from the situation I examined in my report.
9    Q.
Why would that not be true?
10    A.
Other things could have changed.
I think
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you're asking me to consider a hypothetical, and,
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again, my focus in my report was to consider the
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analysis in the Regan report as of the time period
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that he undertook it and look at it from the vantage
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point of the time period when I wrote my report,
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during which consumers had had their funds returned
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to them.
Victor Oreste Stango, III
Confidential
In Re Bank of America CA Unemployment Benefits Litigation
www.aptusCR.com
Victor Oreste Stango, III
Confidential
In Re Bank of America CA Unemployment Benefits Litigation
www.aptusCR.com
Page 122
Case 3:21-md-02992-GPC-MSB     Document 591-32     Filed 10/17/25     PageID.41476 
Page 9 of 11

7
BY MS. CHAN:
8    Q.
So you were not asked to consider that
9
possibility?
10    A.
I think that's correct, yes.
11    Q.
And if you were asked to offer an opinion
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as to whether the principal amount of that
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cardholder's claim is part of their damages, what
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would your opinion be?
15      MS. BRYS:
Objection.
Outside the scope.
16
Incomplete hypothetical.
17      THE WITNESS:
I'm not sure.
I don't have
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an opinion about that.
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BY MS. CHAN:
20    Q.
Are you qualified to offer such an opinion?
21    A.
It's possible that I could offer such an
22
opinion.
But again, at a minimum, that would
23
require a hypothetical that were specified, data and
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time to undertake an analysis.
25    Q.
So can you turn to page 32 of your report.
Victor Oreste Stango, III
Confidential
In Re Bank of America CA Unemployment Benefits Litigation
www.aptusCR.com
Victor Oreste Stango, III
Confidential
In Re Bank of America CA Unemployment Benefits Litigation
www.aptusCR.com
Page 123
Case 3:21-md-02992-GPC-MSB     Document 591-32     Filed 10/17/25     PageID.41477 
Page 10 of 11

1         CERTIFICATE OF REPORTER
2      I, ANGELA T. KOTT, Certified Shorthand
3
Reporter, hereby certify that the witness in the
4
forgoing deposition was duly sworn to tell the
5
truth, the whole truth and nothing but the truth in
6
the within-entitled cause;
7      That said deposition was taken down in
8
shorthand by me, a disinterested person, at the time
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and place therein stated, and that the testimony of
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the said witness was thereafter reduced to
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typewriting, by computer, under my direction and
12
supervision;
13      That before completion of the deposition,
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review of the transcript [X] was [] was not
15
requested.
If requested, any changes made by the
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deponent (and provided to the reporter) during the
17
period allowed are appended hereto.
18      I further certify that I am not of counsel
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or attorney for either or any of the parties to the
20
said deposition, nor in any way interested in the
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event of this cause, and that I am not related to
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any of the parties thereto.
23            Dated:
June 8, 2025.
24           ___________________________
25           ANGELA T. KOTT, CSR 7811
Victor Oreste Stango, III
Confidential
In Re Bank of America CA Unemployment Benefits Litigation
www.aptusCR.com
Victor Oreste Stango, III
Confidential
In Re Bank of America CA Unemployment Benefits Litigation
www.aptusCR.com
Page 281
Case 3:21-md-02992-GPC-MSB     Document 591-32     Filed 10/17/25     PageID.41478 
Page 11 of 11

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