Court filing
NOTICE of Joinder by Bank of America, N.A. re 569 MOTION to File Documents Under Seal — Bofa Ca Unemployment (Dkt. 595)
No. 3:21-md-02992-GPC-MSB · Doc. 595 · Docket on CourtListener
Summary
Bank of America, N.A.'s joinder in the plaintiffs' motion to file documents under seal (ECF 569), filed October 29, 2025 as Document 595 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. The motion to seal relates to the plaintiffs' Daubert motion to exclude certain expert testimony (ECF 571). Under Local Civil Rule 79.2(c), the bank asks the court to seal Exhibits 1 and 3 in their entirety, an expert report and excerpted deposition testimony, and portions of the Daubert motion. It argues the exhibits discuss fraud volume, claims and call center operations in its state prepaid unemployment program, its Remediation Plans with the OCC and CFPB, and individual EDD cardholder account and claim information. The joinder is signed by James W. McGarry of Goodwin Procter LLP.
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Case 3:21-md-02992-GPC-MSB Document 595 Filed 10/29/25 PageID.43242 Page
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1 JAMES W. MCGARRY (pro hac vice)
JMcGarry@goodwinlaw.com
2 GOODWIN PROCTER LLP
100 Northern Avenue
3 Boston, MA 02210
Tel.: +1 617 570 1000
4 Fax: +1 617 523 1231
5 SABRINA M. ROSE-SMITH (pro hac vice)
SRoseSmith@goodwinlaw.com
6 MATTHEW L. RIFFEE (pro hac vice)
MRiffee@goodwinlaw.com
7 GOODWIN PROCTER LLP
1900 N Street, NW
8 Washington, DC 20036
Tel.: +1 202 346 4000
9 Fax: +1 202 346 4444
10 Attorneys for Defendant
BANK OF AMERICA, N.A.
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12 [ADDITIONAL COUNSEL LISTED IN SIGNATURE BLOCK]
13 UNITED STATES DISTRICT COURT
14 SOUTHERN DISTRICT OF CALIFORNIA
15 SAN DIEGO DIVISION
16 IN RE: BANK OF AMERICA Case No. 21-MD-02992-GPC-MSB
CALIFORNIA UNEMPLOYMENT
17 BENEFITS LITIGATION DEFENDANT’S JOINDER IN
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PLAINTIFFS’ MOTION TO FILE
DOCUMENTS UNDER SEAL
19 (ECF 569)
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Ctrm: 12A – 12th Floor
21 Judge: Hon. Gonzalo P. Curiel
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DEFENDANT’S JOINDER IN PLAINTIFFS’ MOTION TO SEAL CASE NO. 21-MD-02992-GPC-MSB
Case 3:21-md-02992-GPC-MSB Document 595 Filed 10/29/25 PageID.43243 Page
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1 PLEASE TAKE NOTICE that, pursuant to Local Civil Rule 79.2(c),
2 Defendant Bank of America, N.A. (“Defendant” or “BANA”) submits this Joinder in
3 Plaintiffs’ Motion to File Documents Under Seal (ECF 569) (“Defendant’s Sealing
4 Joinder”) submitted in connection with Plaintiffs’ Daubert Motion to Exclude
5 Certain Testimony of Victor Stango (ECF 571) (“Plaintiffs’ Motion to Exclude”).1
6 In particular, BANA seeks to seal Plaintiffs’ Exhibits 1 and 3 in their entirety and
7 portions of Plaintiffs’ Motion to Exclude because compelling reasons support sealing
8 of the identified documents or portions thereof.
9 As previously stated in BANA’s motions to seal submitted in connection with
10 summary judgment briefing (ECF 577, 579, 581, 583, 585, 587), the public’s right to
11 inspect and copy judicial records is not absolute, and a party faced with the disclosure
12 of confidential or proprietary information may seek to file the documents under seal
13 to avoid disclosure of business information that might result in competitive harm or
14 be used for improper purposes. See Nixon v. Warner Commc’ns, Inc., 435 U.S. 589,
15 598 (1978) (denying disclosure); Local Civ. R. 79.2(c). There are compelling reasons
16 to seal the documents at issue here—each of which contain information that qualifies
17 as “Protected Material” pursuant to the Parties’ Stipulated Protective Order
18 (“Protective Order”), entered by the Court on September 24, 2021 (ECF No. 82)—
19 because each pertains to topics that are likely to cause particularized competitive
20 harm to BANA and which could potentially enable future fraud, which poses a danger
21 to BANA’s business and the public. See, e.g., East West Bank v. Shanker, 2021 WL
22 3112452, at *18-19 (N.D. Cal. July 22, 2021) (finding compelling reasons to seal
23 where public disclosure of EWB’s confidential onboarding processes, verification of
24 customer identities and fraud prevention measures would “harm [the bank’s]
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This Joinder is based on and incorporates by reference Plaintiffs’ Motion to Seal
(ECF 569) and the grounds stated therein for the sealing of Plaintiffs’ Motion to
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Exclude, in part, and Exhibits 1 and 3 in their entirety, Defendant’s prior sealing
motions (ECF 577, 579, 581, 583, 585, 587), and accompanying declarations
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submitted in support, all pleadings and papers on file in this action, oral argument if
requested by the Court, and any such other matters that the Court deems appropriate.
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DEFENDANT’S JOINDER IN PLAINTIFFS’ MOTION TO SEAL CASE NO. 21-MD-02992-GPC-MSB
Case 3:21-md-02992-GPC-MSB Document 595 Filed 10/29/25 PageID.43244 Page
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1 competitive standing”); Soria v. U.S. Bank N.A., 2019 WL 8167925, at *4 (C.D. Cal.
2 Apr. 25, 2019) (finding compelling reasons to seal bank’s internal procedures for
3 investigating fraud because there was a “significant danger that someone could
4 improperly use this information to commit fraud and avoid detection”).
5 Moreover, each of the Exhibits that Plaintiffs and BANA seek to seal reflect
6 information pertaining to BANA’s confidential fraud analyses, BANA’s revenue
7 share with EDD, BANA’s Remediation Plans or BANA’s implementation of the
8 Plans, or EDD cardholders’ claim information, which are the same categories of
9 information that this Court has already found compelling reasons to seal in
10 connection with briefing for class certification. See ECF 365 (Amended Sealing
11 Order); ECF 381 (Sealing Order). In particular:
12 Exhibit 1, which is the expert report of Victor Stango, contains
13 discussions of and references to: (i) BANA’s analyses of its state
14 prepaid unemployment program operations, including fraud volume and
15 claims and call center operations, and operational risks and losses (see
16 ECF 365 at 10–13, n. 14 (finding compelling reasons to seal); ECF 344-
17 1 (Martin Decl.) ¶¶ 3–10; ECF 344-2 (Robart Decl.) ¶ 5; ECF 347-1
18 (Martin Decl.) ¶¶ 1-12), (ii) BANA’s Remediation Plan and Addenda
19 with the OCC and CFPB, and its implementation of those Plans, which
20 both agencies themselves designated as “Highly Confidential –
21 Attorneys’ Eyes Only” (see ECF 365 at 14–16 (finding compelling
22 reasons to seal); ECF 344-3 (Lennon Decl.) ¶¶ 3–4, 6), (iii) BANA’s
23 interrogatory responses and data provided therein reflecting any
24 reconsideration by BANA of those claims and any compensation paid
25 as a result (see ECF 365 at 5–9, 12 (finding compelling reasons to seal);
26 ECF 344-3 (Lennon Decl.) ¶ 4), (iv) testimony concerning aggregated
27 statistics related to EDD benefit recipients account balances, activity,
28 and fraud claims that BANA is obligated to maintain as confidential
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DEFENDANT’S JOINDER IN PLAINTIFFS’ MOTION TO SEAL CASE NO. 21-MD-02992-GPC-MSB
Case 3:21-md-02992-GPC-MSB Document 595 Filed 10/29/25 PageID.43245 Page
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1 pursuant to its agreement with EDD (ECF 324-106 at 5), and otherwise
2 would keep as confidential because its disclosure could cause
3 competitive harm to BANA or its customers (see ECF 365, 381 (finding
4 compelling reasons to seal); ECF 344-1 (Martin Decl.) ¶¶ 5, 7-10; ECF
5 344-2 (Robart Decl.) ¶¶ 4-5), and (v) individual EDD cardholder
6 account, transactions, and claim information, which often include
7 personal, sensitive, or financial information (see ECF 365, 381 (finding
8 compelling reasons to seal); ECF 344-3 (Lennon Decl.) ¶¶ 4-5), and
9 (vi) excerpts of experts’ deposition testimony, which include
10 discussions of BANA’s confidential documents, many of which contain
11 the confidential information described above, such as BANA’s handling
12 of unauthorized transaction claims and reconsiderations and BANA’s
13 contract with EDD and the responsibilities thereunder (see ECF 365,
14 381 (finding compelling reasons to seal)); and
15 Exhibit 3, which is the excerpted deposition testimony of Victor Stango,
16 contains discussions of and references to BANA’s confidential
17 documents, many of which contain the confidential information
18 described above, such as BANA’s handling of unauthorized transaction
19 claims and reconsiderations and BANA’s contract with EDD and the
20 responsibilities thereunder (see ECF 365 at 17-19 (finding compelling
21 reasons to seal); ECF 344-2 (Robart Decl.) ¶¶ 4-5).
22 Additionally, there are compelling reasons to seal portions of Plaintiffs’
23 Motion to Exclude that quote from or summarize Exhibits 1 and 3 or other
24 confidential exhibits because, as this Court has held, “[q]uotes or summary
25 descriptions from sealed exhibits should be filed under seal.” Amended Sealing
26 Order (ECF 365) at 18; see also Darisse v. Nest Labs, Inc., 2016 WL 11474174, at
27 *2 (N.D. Cal. June 2, 2016) (sealing class certification motion and declarations that
28 quote or reference confidential exhibits).
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DEFENDANT’S JOINDER IN PLAINTIFFS’ MOTION TO SEAL CASE NO. 21-MD-02992-GPC-MSB
Case 3:21-md-02992-GPC-MSB Document 595 Filed 10/29/25 PageID.43246 Page
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1 For the foregoing reasons and for the reasons set forth in the Court’s sealing
2 orders in connection with class certification briefing (ECF 365, 381, 390, 391, 397,
3 421, 431, 460, 466, 467, 477, 498, 507, 516, 531, 532, 547, 548), Plaintiffs’ Motions
4 to Seal (ECF 322, 334, 376, 384, 394, 463, 569, 572), BANA’s prior Motions to Seal
5 (ECF 328, 337, 344, 347, 383, 418, 451, 457, 470, 481, 495, 501, 511, 539, 542, 577,
6 579, 581, 583, 585, 587) and accompanying declarations submitted in support thereof
7 (ECF 344-1, 344-2, 344-3, 347-1, 347-2), all of which are incorporated herein by
8 reference, BANA respectfully requests that the Court grant Plaintiffs’ Motion to Seal
9 and Defendant’s Sealing Joinder because compelling reasons support sealing of the
10 identified documents or portions thereof.
11 Dated: October 29, 2025 Respectfully submitted,
12 By: s/ James W. McGarry__________________
13 JAMES W. MCGARRY (pro hac vice)
JMcGarry@goodwinlaw.com
14 GOODWIN PROCTER LLP
100 Northern Avenue
15 Boston, MA 02210
Tel.: +1 617 570 1000
16 Fax: +1 617 523 1231
17 SABRINA M. ROSE-SMITH (pro hac
vice)
18 SRoseSmith@goodwinlaw.com
MATTHEW L. RIFFEE (pro hac vice)
19 MRiffee@goodwinlaw.com
GOODWIN PROCTER LLP
20 1900 N St. NW
Washington, DC 20036
21 Tel: +1 202 346 4000
Fax: +1 202 346 4444
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LAURA G. BRYS (SBN 242100)
23 LBrys@goodwinlaw.com
GOODWIN PROCTER LLP
24 601 S Figueroa St., Suite 4100
Los Angeles, CA 90017
25 Tel.: +1 213 426 2500
Fax: +1 617 346 4444
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VALERIE A. HAGGANS (pro hac vice)
27 VHaggans@goodwinlaw.com
LINDSAY E. HOYLE (pro hac vice)
28 LHoyle@goodwinlaw.com
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DEFENDANT’S JOINDER IN PLAINTIFFS’ MOTION TO SEAL CASE NO. 21-MD-02992-GPC-MSB
Case 3:21-md-02992-GPC-MSB Document 595 Filed 10/29/25 PageID.43247 Page
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1 GOODWIN PROCTER LLP
620 Eighth Avenue
2 New York, NY 10018
Tel: +1 212 813-8800
3 Fax: +1 212 355-3333
4 YVONNE W. CHAN (pro hac vice)
YChan@jonesday.com
5 JONES DAY
100 High Street
6 Boston, MA 02110
Tel.: +1 617 960 3939
7 Fax: +1 617 449 6999
8 JANICE P. BROWN (SBN 114433)
jbrown@myersnave.com
9 MATTHEW B. NAZARETH (SBN
278405)
10 mnazareth@myersnave.com
MEYERS NAVE
11 600 B Street, Suite 1650
San Diego, CA 92101
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Attorneys for Defendant
13 BANK OF AMERICA, N.A.
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DEFENDANT’S JOINDER IN PLAINTIFFS’ MOTION TO SEAL CASE NO. 21-MD-02992-GPC-MSB
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1 CERTIFICATE OF SERVICE
2 I hereby certify that I electronically filed the foregoing with the clerk of the
3 court for the United States District Court for the Southern District of California by
4 using the CM/ECF system on October 29, 2025. I further certify that all participants
5 in the case are registered CM/ECF users and that service will be accomplished by the
6 CM/ECF system. I certify under penalty of perjury that the foregoing is true and
7 correct.
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10 Executed: October 29, 2025 s/ James W. McGarry
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DEFENDANT’S JOINDER IN PLAINTIFFS’ MOTION TO SEAL CASE NO. 21-MD-02992-GPC-MSB
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