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Home Court filings Bofa Ca Unemployment In re: Bank of America California Unemployment Benefits Litigation — S.D. Cal., No. 21-md-02992 Exhibit 2 — In re Bank of America California Unemployment Benefits Litigation (Dkt. 611-4, S.D. Cal. No. 3:21-md-02992)

Court filing

Exhibit 2 — In re Bank of America California Unemployment Benefits Litigation (Dkt. 611-4, S.D. Cal. No. 3:21-md-02992)

Filed January 8, 2026 in In re Bank of America California Unemployment Benefits Litigation; one of 1415 filings from this case.

Record facts

CourtU.S. District Court for the Southern District of California
Filed2026-01-08

U.S. District Court for the Southern District of California · No. 3:21-md-02992-GPC-MSB · Doc. 611-4 · 2026-01-08 · Docket on CourtListener

Full text

Exhibit 2 
Case 3:21-md-02992-GPC-MSB     Document 611-4     Filed 01/08/26     PageID.43368 
Page 1 of 19

1
               UNITED STATES DISTRICT COURT
              SOUTHERN DISTRICT OF CALIFORNIA
2
                     SAN DIEGO DIVISION
3
 Civil Action No. 21-MD-02992-GPC-MSB
 ____________________________________________________________
4
 IN RE:  BANK OF AMERICA CALIFORNIA
5
 UNEMPLOYMENT BENEFITS LITIGATION
 ____________________________________________________________
6
7
      VIDEO DEPOSITION OF CHLOE NOEL EAST, Ph.D.
8
                      May 15, 2025
 ____________________________________________________________
9
10
 APPEARANCES:
 ON BEHALF OF THE PLAINTIFFS:
11
           CAROLINE HUNSICKER, ESQ.
           CONNIE K. CHAN, ESQ. (via remote)
12
           Altshuler Berzon LLP
           177 Post Street, Suite 300
13
           San Francisco, California  94108
           Phone:  415-421-7151
14
           Email:  chunsicker@altshulerberzon.com
           Email:  cchan@altber.com
15
16
           and
           JOSHUA B. SWIGART, ESQ. (via remote)
17
           ILANA PLATKIEWICZ, ESQ. (via remote)
           Swigart Law Group, APC
18
           2221 Camino Del Rio S, Suite 308
           San Diego, California  92108
19
           Phone:  866-219-3343
           Email:  josh@swigartlawgroup.com
20
           Email:  ilana@swigartlawgroup.com
21
22
23
24
25
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1
 APPEARANCES (cont.):
2
 ON BEHALF OF THE PLAINTIFFS (cont.):
           BRIAN DANITZ, ESQ. (via remote)
3
           Cotchett, Pitre & McCarthy, LLP
           840 Malcolm Road, Suite 200
4
           Burlingame, California  94010
           Phone:  650-697-6000
5
           Email:  bdanitz@cpmlegal.com
6
           and
7
           COLIN M. JONES, ESQ. (via remote)
           Wilshire Law Firm PLC
8
           3055 Wilshire Boulevard, 12th Floor
           Los Angeles, California 90010
9
           Phone:  213-381-9988
           Email:  colin@wilshirelawfirm.com
10
11
 ON BEHALF OF THE DEFENDANT, BANK OF AMERICA:
           LAURA G. BRYS, ESQ.
12
           KELSI QUARLES, ESQ. (via remote)
           Goodwin Procter LLP
13
           601 South Figueroa Street, Suite 4100
           Los Angeles, California  90017
14
           Phone:  213-426-2500
           Email:  lbrys@goodwinlaw.com
15
           Email:  kquarles@goodwinlaw.com
16
           and
17
           ETHAN SHUCHART, ESQ.
           Goodwin Procter LLP
18
           100 Northern Avenue
           Boston, Massachusetts 02210
19
           Phone:  917-229-7837
           Email:  eshuchart@goodwinlaw.com
20
21
 Also Present:  Dustin Brown, videographer
22
23
24
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1
           PURSUANT TO WRITTEN NOTICE and the appropriate
2
 rules of civil procedure, the video deposition of
3
 CHLOE NOEL EAST, Ph.D., called for examination by the
4
 Defendant, Bank of America, was taken at Courtyard Denver
5
 Airport, 6901 Tower Road, Denver, Colorado, commencing at
6
 9:05 AM on May 15, 2025, before Deanna Baysinger, a Notary
7
 Public and Registered Professional Reporter in and for the
8
 State of Colorado.
9
10
11
12
13
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16
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21
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                         I N D E X
2
 EXAMINATION:                                           PAGE
3
 By Ms. Brys                                          7, 178
 By Ms. Hunsicker                                        171
4
5
6
7
 EXHIBITS:                                              PAGE
8
 Exhibit 1    Defendant Bank of America, N.A.'s            9
9
              Third Amended Notice of Deposition to
              Plaintiffs' Expert Chloe East
10
 Exhibit 2    Expert Report of Chloe N. East dated        23
11
              3/4/25
12
 Exhibit 3    Plaintiffs' Supplemental Expert             24
              Designation
13
 Exhibit 4    Plaintiffs' Rebuttal Expert                 25
14
              Designations
15
 Exhibit 5    Expert Report of Victor Stango dated        25
              10/24/24
16
 Exhibit 6    Expert Report of Victor Stango dated        26
17
              4/4/25
18
 Exhibit 7    Expert Report of Professor Justin           27
              McCrary, Ph.D., dated 4/4/25
19
 Exhibit 8    Expert Report of Greg J. Regan,             37
20
              CPA/CFF, CFE dated 3/4/25
21
 Exhibit 9    Article titled Spending and                 63
              Job-Finding Impacts of Expanded
22
              Unemployment Benefits:  Evidence from
              Administrative Micro Data by Peter
23
              Ganong, Fiona Greig, Pascal Noel,
              Daniel M. Sullivan, and Joseph Vavra
24
25
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 EXHIBITS (cont.):                                      PAGE
2
 Exhibit 10   Article titled U.S. Unemployment            68
3
              Insurance Replacement Rates During the
              Pandemic by Peter Ganong, Pascal Noel,
4
              and Joseph Vavra
5
 Exhibit 11   Article titled Consumer Spending            68
              during Unemployment Positive and
6
              Normative Implications by Peter Ganong
              and Pascal Noel
7
 Exhibit 12   Discussion Paper titled Impacts of the      84
8
              COVID-19 Pandemic and the CARES Act on
              Earnings and Inequality dated August
9
              2020
10
 Exhibit 13   NBER Working Paper Series, How Did          86
              U.S. Consumers Use Their Stimulus
11
              Payments? Dated August 2020
12
 Exhibit 14   Article titled U.S. Economic Recovery       90
              in the Wake of COVID-19:  Successes
13
              and Challenges by Labonte and
              Weinstock
14
 Exhibit 15   Article titled Reexamining the              92
15
              Consumption Smoothing Benefits of
              Unemployment Insurance by East and
16
              Kuka
17
 Exhibit 16   Paper titled The Safety Net and Job         98
              Loss:  How Much Insurance Do Public
18
              Programs Provide? dated 8/29/24
19
 Exhibit 17   Expert Report of David I. Levine dated     162
              3/4/25
20
21
22
23
24
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                   P R O C E E D I N G S
2
                THE VIDEOGRAPHER:  Good morning.  We are      09:04AM
3
 on record at 9:05 AM on May 15, 2025.  This is the video     09:05AM
4
 recorded deposition of Chloe East.                           09:05AM
5
                My name is Dustin Brown here with our         09:05AM
6
 court reporter Deanna Baysinger.                             09:05AM
7
                This deposition is being held at              09:05AM
8
 6901 Tower Road in Denver, Colorado.                         09:05AM
9
                Caption of the case is Bank of America        09:05AM
10
 California Unemployment Litigation.                          09:05AM
11
                Please note that audio and video recording    09:05AM
12
 will take place unless all parties agree to go off           09:05AM
13
 record.                                                      09:05AM
14
                Counsel will now introduce themselves         09:05AM
15
 beginning with the noticing attorney.                        09:05AM
16
                Thank you.                                    09:05AM
17
                MS. BRYS:  Good morning.  I'm Laura Brys      09:05AM
18
 of Goodwin Procter, counsel for Defendant, Bank of           09:05AM
19
 America.                                                     09:05AM
20
                MR. SHUCHART:  Good morning.  Ethan           09:05AM
21
 Shuchart also with Goodwin Procter on behalf of              09:06AM
22
 Defendant, Bank of America.                                  09:06AM
23
                MS. HUNSICKER:  I'm Caroline Hunsicker        09:06AM
24
 with Altshuler Berzon on behalf of Plaintiffs.               09:06AM
25
                MS. CHAN:  Good morning.  Connie Chan of      09:06AM
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 Altshuler Berzon also on behalf of Plaintiffs.               09:06AM
2
                  CHLOE NOEL EAST, Ph.D.,                     09:06AM
3
 called as a witness, having been first duly sworn, was       09:06AM
4
 examined and testified as follows:                           09:06AM
5
                        EXAMINATION                           09:06AM
6
 BY MS. BRYS:                                                 09:06AM
7
           Q.   Good morning, Ms. East.  Can you please       09:06AM
8
 state your full name for the record.                         09:06AM
9
           A.   Yes.  My name is Chloe Noel East.             09:06AM
10
           Q.   Are you represented by counsel here today?    09:06AM
11
           A.   Yes.                                          09:06AM
12
           Q.   Okay.  Have you ever been deposed before?     09:06AM
13
           A.   No.                                           09:06AM
14
           Q.   How many times have you been retained as an   09:06AM
15
 expert?                                                      09:06AM
16
           A.   This is the first time.                       09:06AM
17
           Q.   And who retained you in this case?            09:06AM
18
           A.   Plaintiffs' counsel.                          09:06AM
19
           Q.   So just some ground rules for today's         09:06AM
20
 deposition since you have not been deposed before.           09:06AM
21
                I'm going to try to speak as slowly as I      09:07AM
22
 can if you can also try to speak slowly so the court         09:07AM
23
 reporter can take down what's being said.                    09:07AM
24
                Also, all answers need to be verbal.  So I    09:07AM
25
 see that you're acknowledging by nodding your head, but      09:07AM
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           A.   Sorry.  I'm still not sure I'm                11:17AM
2
 understanding.  Are you referring to the UI supplement or    11:17AM
3
 the stimulus or --                                           11:17AM
4
           Q.   (By Ms. Brys)  Correct.  I'm referring to     11:17AM
5
 the stimulus check.                                          11:17AM
6
           A.   Okay.  You are referring to the stimulus      11:17AM
7
 check.                                                       11:17AM
8
           Q.   Correct.                                      11:17AM
9
           A.   So most people in the U.S., although not      11:17AM
10
 everybody in the U.S., received a stimulus check in          11:17AM
11
 April 2020 and that would include individuals who were       11:17AM
12
 unemployed and/or receiving UI benefits.                     11:17AM
13
           Q.   And would that increase the recipient's --    11:17AM
14
 the check recipient's liquidity?                             11:17AM
15
                MS. HUNSICKER:  Objection.  Incomplete        11:18AM
16
 hypothetical.                                                11:18AM
17
           A.   It would increase the recipient's             11:18AM
18
 liquidity.                                                   11:18AM
19
                However, the evidence that I've reviewed      11:18AM
20
 suggests that increase is not very large and that            11:18AM
21
 households are still in a difficult financial situation.     11:18AM
22
           Q.   (By Ms. Brys)  And what evidence did you      11:18AM
23
 review that supports that opinion?                           11:18AM
24
           A.   The evidence that I reviewed includes the     11:18AM
25
 statistical analyses that I performed for my report as       11:18AM
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 well as the 2024 Peter Ganong, et al. paper.                 11:18AM
2
           Q.   Okay.  And then in addition to the CARES      11:18AM
3
 Act, are you familiar with the Pandemic Unemployment         11:19AM
4
 Assistance Program?                                          11:19AM
5
           A.   Yes.                                          11:19AM
6
           Q.   What is that program?                         11:19AM
7
           A.   I believe, if I'm remembering correctly,      11:19AM
8
 this is the $300 supplement that was issued beginning in     11:19AM
9
 January 2021.                                                11:19AM
10
           Q.   And to the extent it's your understanding     11:19AM
11
 that it is an additional supplement that was issued, would   11:19AM
12
 that include -- would that increase a -- would that check    11:19AM
13
 increase a recipient's liquidity?                            11:19AM
14
           A.   Yes, it would increase the recipient's        11:19AM
15
 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
19
           Q.   Likewise, are you familiar with the Federal   11:20AM
20
 Pandemic Unemployment Compensation Program?                  11:20AM
21
           A.   I am forgetting the details of that one.      11:20AM
22
           Q.   I'm representing that it initially provided   11:20AM
23
 an additional 600 per week.                                  11:20AM
24
                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
2
           A.   Yes.  Thank you.                              11:20AM
3
           Q.   Is it your understanding that that program    11:20AM
4
 would increase the check recipient's liquidity?              11:20AM
5
           A.   Yes.  This increase would increase the UI     11:20AM
6
 recipient's liquidity.                                       11:20AM
7
                And again, all the statistical analyses       11:20AM
8
 that I've done and the literature that I've reviewed         11:20AM
9
 suggests that households still remain in a difficult         11:21AM
10
 financial situation overall.                                 11:21AM
11
           Q.   Likewise, are you aware of the Pandemic       11:21AM
12
 Emergency Unemployment Compensation Program?                 11:21AM
13
           A.   I'm forgetting the -- the details of that     11:21AM
14
 one as well.  If you could remind me, please.                11:21AM
15
           Q.   If I could represent to you that it           11:21AM
16
 provided an additional 13 weeks of UI benefits between       11:21AM
17
 March 29, 2020, and December 26, 2020, and then it was       11:21AM
18
 subsequently reinstated, does that refresh your              11:21AM
19
 recollection as to additional benefits that were provided    11:21AM
20
 under this program?                                          11:21AM
21
           A.   Yes.  Thank you.                              11:21AM
22
           Q.   Is it your understanding as to whether that   11:21AM
23
 would, in fact, increase the recipients of that program's    11:21AM
24
 liquidity?                                                   11:21AM
25
                MS. HUNSICKER:  Objection.  Vague.            11:21AM
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           A.   Relative to not having any unemployment       11:21AM
2
 insurance benefits, having more unemployment insurance       11:22AM
3
 benefits would increase the household's liquidity.           11:22AM
4
 Although again, I did not see any evidence of big changes    11:22AM
5
 in household finances and households are still in a          11:22AM
6
 difficult financial situation.                               11:22AM
7
           Q.   (By Ms. Brys)  Are you aware of the           11:22AM
8
 COVID-Related Tax Relief Act of 2020?                        11:22AM
9
           A.   I'm forgetting the details of that one.       11:22AM
10
           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
15
           A.   Yes, it does.                                 11:22AM
16
                Can I ask a follow-up question?  Can you      11:22AM
17
 remind me of the timing of that one?                         11:22AM
18
           Q.   The date of that one.  Plot twist.  Hold on   11:22AM
19
 a second.  January 2021.                                     11:22AM
20
           A.   Okay.  Perfect.                               11:23AM
21
           Q.   I believe it was enacted in late December     11:23AM
22
 2020.                                                        11:23AM
23
           A.   Thank you.  That does refresh my memory.      11:23AM
24
           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
2
           A.   Yes, that would increase their liquidity.     11:23AM
3
                Although all the data that I analyzed and     11:23AM
4
 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
6
 their difficult financial situation.                         11:23AM
7
           Q.   Are you also familiar with the American       11:23AM
8
 Rescue Plan Act of 2021?                                     11:23AM
9
           A.   Yes.                                          11:23AM
10
           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
14
           A.   I don't remember those numbers off the top    11:24AM
15
 of my head but that sounds reasonable to me.                 11:24AM
16
           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
2
           Q.   If I represented to you that California       11:24AM
3
 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
6
           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
9
 those funds?                                                 11:25AM
10
           A.   Yes.                                          11:25AM
11
                Although all the data that I analyzed and     11:25AM
12
 the literature that I reviewed suggests that households      11:25AM
13
 still remain in a difficult financial situation.             11:25AM
14
           Q.   And are you familiar with the fact that       11:25AM
15
 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
18
           A.   Yes.                                          11:25AM
19
           Q.   What impact would that have on an             11:25AM
20
 individual household's liquidity?                            11:25AM
21
           A.   Hypothetically, that program could reduce     11:25AM
22
 household expenses.                                          11:25AM
23
                Although, all the data that I reviewed and    11:25AM
24
 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.   I read the beginning of it but did not        11:54AM
2
 read the entire thing in detail.                             11:54AM
3
           Q.   To your knowledge during the pandemic, were   11:54AM
4
 spending rates the same as they were for U.S. households     11:54AM
5
 before the pandemic?                                         11:54AM
6
                MS. HUNSICKER:  Objection.  Vague.            11:54AM
7
           A.   What do you mean by "spending rates"?         11:54AM
8
           Q.   (By Ms. Brys)  Was there an increase in       11:54AM
9
 savings by U.S. households during the pandemic?              11:54AM
10
           A.   For households as a whole, yes, my            11:54AM
11
 understanding is that there was an increase in savings       11:55AM
12
 rates.                                                       11:55AM
13
           Q.   Do you have any understanding as to whether   11:55AM
14
 there was a change in saving rates for households that       11:55AM
15
 collected UI benefits?                                       11:55AM
16
           A.   I -- I'm just thinking through the            11:55AM
17
 different pieces of evidence.                                11:55AM
18
                In my own analysis of the SIPP data, I        11:55AM
19
 investigated if there were big changes in net liquid         11:55AM
20
 wealth of UI recipients over the COVID pandemic era and      11:55AM
21
 did not find big changes in net liquid wealth.               11:55AM
22
           Q.   Okay.  And what do you mean by net liquid     11:55AM
23
 wealth?                                                      11:56AM
24
           A.   I mean the measure we were discussing         11:56AM
25
 earlier that is the difference between household's liquid    11:56AM
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 savings measures and their unsecured debt.                   11:56AM
2
           Q.   So would it be accurate for me to say that    11:56AM
3
 based on your analysis of the data, that the savings         11:56AM
4
 measures before and after the pandemic for UI household      11:56AM
5
 benefits recipients generally remain the same?               11:56AM
6
                MS. HUNSICKER:  Objection.  Misstates         11:56AM
7
 testimony.                                                   11:56AM
8
           A.   That's not quite how I would say it.          11:56AM
9
                I would say that the net liquid wealth        11:56AM
10
 remains similar right before the pandemic and 2020 and       11:56AM
11
 2021.                                                        11:56AM
12
           Q.   (By Ms. Brys)  Okay.  So looking at           11:56AM
13
 Exhibit 13, Paragraph 2 --                                   11:57AM
14
           A.   Yes.                                          11:57AM
15
           Q.   -- so based on your review of this article,   11:57AM
16
 does this familiarize you with the fact that survey data     11:57AM
17
 indicates that U.S. households reported spending only        11:57AM
18
 approximately 40 percent of their first stimulus check       11:57AM
19
 with 30 percent being saved and another 30 percent used to   11:58AM
20
 pay down debt?                                               11:58AM
21
           A.   Yes.                                          11:58AM
22
           Q.   Okay.  Are you aware that according to the    11:58AM
23
 Federal Reserve Bank of New York Survey of Consumer          11:58AM
24
 Expectations, respondents reported that they had saved or    11:58AM
25
 expected to save 36.4 percent of the first round of          11:58AM
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Case 3:21-md-02992-GPC-MSB     Document 611-4     Filed 01/08/26     PageID.43383 
Page 16 of 19

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 care.  And so this -- applying the credit card interest      02:20PM
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 rate to the full population is a conservative estimate       02:20PM
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 for the many people who have to cut consumption.             02:20PM
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           Q.   And then in connection with this opinion,     02:20PM
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 what evidence or data did you rely upon?                     02:20PM
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           A.   What do you mean "this opinion"?  Which       02:20PM
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 opinion?                                                     02:20PM
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           Q.   The credit card interest -- the credit        02:20PM
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 interest rate as a conservative measure of the opportunity   02:20PM
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 cost of lost funds.                                          02:20PM
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           A.   For this, I relied on a lot of different      02:20PM
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 things, which is why I'm being a little slow in              02:20PM
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 answering.                                                   02:20PM
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                The literature that I reviewed all shows      02:20PM
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 that people cut consumption when UI benefits are less        02:20PM
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 generous or when UI benefits run out.  And the analysis      02:21PM
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 that I did suggests that the most common responses are       02:21PM
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 borrowing on a credit card or some more expensive            02:21PM
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 borrowing or -- I should say the most common responses       02:21PM
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 are borrowing on credit card or cutting consumption,         02:21PM
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 which will be even more expensive.                           02:21PM
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           Q.   And then you opine in Paragraph 36 that the   02:21PM
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 median recipient had a good credit score.                    02:21PM
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           A.   Yes.                                          02:21PM
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           Q.   Again, that is using the median to            02:21PM
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Case 3:21-md-02992-GPC-MSB     Document 611-4     Filed 01/08/26     PageID.43384 
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 represent the entire population because there would be       02:21PM
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 variation in which some would have a higher and some might   02:21PM
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 have a lower credit score.                                   02:21PM
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           A.   Right.  So the reason that I chose to use     02:21PM
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 a median is that when we're doing this kind of analysis      02:22PM
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 as economists, we choose a number that is representative     02:22PM
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 of most people in the population rather than focusing on     02:22PM
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 the extremes at either end of the distribution.              02:22PM
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           Q.   So to the extent somebody had a credit        02:22PM
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 score of 800, they may have a lower APR.  Would that be      02:22PM
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 accurate?                                                    02:22PM
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                MS. HUNSICKER:  Objection.  Incomplete        02:22PM
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 hypothetical.                                                02:22PM
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           A.   That would be accurate, but that is not       02:22PM
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 the most common experience of the group.                     02:22PM
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           Q.   (By Ms. Brys)  So in connection with the      02:22PM
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 preparation of your report, what is the process you used     02:23PM
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 to draft your report in this case?                           02:23PM
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                MS. HUNSICKER:  Objection.  Overbroad.        02:23PM
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           A.   The process that I used was to review the     02:23PM
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 literature on unemployment insurance and to conduct my       02:23PM
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 own statistical analyses of UI recipients' financial         02:23PM
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 conditions.                                                  02:23PM
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           Q.   (By Ms. Brys)  And then would it be           02:23PM
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 accurate to say you performed your work for this report in   02:23PM
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Case 3:21-md-02992-GPC-MSB     Document 611-4     Filed 01/08/26     PageID.43385 
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               CERTIFICATE OF COURT REPORTER
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           I, DEANNA BAYSINGER, a Registered Professional
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 Reporter and Notary Public within and for the State of
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 Colorado, commissioned to administer oaths, do hereby
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 certify that previous to the commencement of the
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 examination, the witness was duly sworn by me to testify
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 the truth in relation to matters in controversy between
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 the said parties; that the said deposition was taken in
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 stenotype by me at the time and place aforesaid and was
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 thereafter reduced to typewritten form by me; and that
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 the foregoing is a true and correct transcript of my
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 stenotype notes thereof.
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              That I am not an attorney nor counsel nor in
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 any way connected with any attorney or counsel for any of
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 the parties to said action nor otherwise interested in the
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 outcome of this action.
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                My commission expires:  November 8, 2026.
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19
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            <%22389,Signature%>
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           DEANNA BAYSINGER
           Registered Professional Reporter
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           Notary Public, State of Colorado
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