Court filing
MOTION to File Documents Under Seal — Bofa Ca Unemployment (Dkt. 621)
No. 3:21-md-02992-GPC-MSB · Doc. 621 · Docket on CourtListener
Summary
The plaintiffs' motion to file documents under seal, filed January 8, 2026 as Document 621 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. Brought under Local Rule 79.2 and the Stipulated Protective Order (ECF 82), it concerns materials filed with the plaintiffs' opposition to the bank's motion to exclude certain expert opinions. It lists 15 items, including expert reports, deposition excerpts of the bank's corporate designees, bank documents designated confidential, and plaintiffs' interrogatory responses containing phone numbers and email addresses. Several items discuss documents the court sealed in its December 11, 2025 order (Dkt. 598). The motion is signed by Brian Danitz and Michael Rubin as co-lead counsel for the plaintiffs and the class.
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Case 3:21-md-02992-GPC-MSB Document 621 Filed 01/08/26 PageID.44460 Page
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1 JOSEPH W. COTCHETT (SBN 36324) MICHAEL RUBIN (SBN 80618)
jcotchett@cpmlegal.com mrubin@altber.com
2 BRIAN DANITZ (SBN 247403) STACEY M. LEYTON (SBN 203827)
3 bdanitz@cpmlegal.com sleyton@altber.com
KARIN B. SWOPE (Pro Hac Vice) CONNIE K. CHAN (SBN 284230)
4 kswope@cpmlegal.com cchan@altber.com
5 VASTI S. MONTIEL (SBN 346409) JAMES BALTZER (SBN 332232)
vmontiel@cpmlegal.com jbaltzer@altber.com
6 CAROLINE A. YUEN (SBN 354388) KATHERINE BASS (SBN 344748)
7 cyuen@cpmlegal.com kbass@altber.com
COTCHETT, PITRE & McCARTHY, LLP ALTSHULER BERZON LLP
8 840 Malcolm Road, Suite 200 177 Post Street, Suite 300
9 Burlingame, CA 94010 San Francisco, CA 94108
Telephone: (650) 697-6000 Telephone: (415) 421-7151
10 Fax: (650) 697-0577 Fax: (415) 362-8064
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Co-Lead Counsel for Plaintiffs and the Class
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14 UNITED STATES DISTRICT COURT
15 SOUTHERN DISTRICT OF CALIFORNIA
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IN RE BANK OF AMERICA Case No. 3:21-md-02992-GPC-MSB
17 CALIFORNIA UNEMPLOYMENT
BENEFITS LITIGATION MOTION TO FILE DOCUMENTS
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UNDER SEAL RE: PLAINTIFFS’
19 OPPOSITION TO DEFENDANT’S
MOTION TO EXCLUDE CERTAIN
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EXPERT OPINIONS OF
21 JANE CLONINGER
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Judge: Hon. Gonzalo P. Curiel
23 Ctrm: 2D (2nd Floor)
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25 This Document Relates to All Actions
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Motion to File Documents Under Seal; Case No. 3:21-md-02992-GPC-MSB
Case 3:21-md-02992-GPC-MSB Document 621 Filed 01/08/26 PageID.44461 Page
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1 MOTION TO FILE DOCUMENTS UNDER SEAL
2 Pursuant to Local Rule 79.2 and Section 12.5 of the Stipulated Protective Order
3 (ECF 82) in this case and the Court’s Civil Pretrial & Trial Procedures, Plaintiffs move to
4 file under seal the following:
5 1. Portions of the March 4, 2025 Expert Report of Jane Cloninger, attached as
6 Exhibit A to the Declaration of Katherine Bass in Support of Plaintiffs’
7 Opposition to Defendant’s Motion to Exclude Certain Expert Opinions of Jane
8 Cloninger (“Bass Declaration”), which discuss or quote documents Defendant
9 Bank of America, N.A. (the “Bank”) has designated as confidential or highly
10 confidential and that the Court sealed in its December 11, 2025 order (Dkt. 598).
11 2. Portions of the April 4, 2025 Expert Rebuttal Report of Jane Cloninger, attached
12 as Exhibit B to the Bass Declaration, which discuss or quote documents
13 Defendant Bank of America, N.A. (the “Bank”) has designated as confidential or
14 highly confidential and that the Court sealed in its December 11, 2025 order (Dkt.
15 598).
16 3. The March 4, 2025 Expert Report of Pamela Joseph, attached as Exhibit C to the
17 Bass Declaration, which the Bank has designated confidential in its entirety.
18 4. Portions of Plaintiff Roland Oosthuizen’s Supplemental Objections and
19 Response to the Bank’s First Set of Interrogatories, attached as Exhibit D to the
20 Bass Declaration, which have been designated confidential pursuant to the
21 Stipulated Protective Order and contain personal information, including Plaintiff
22 Oosthuizen’s phone number and email address. “[C]ourts frequently seal
23 personal contact information, such as email addresses and phone numbers.”
24 Lovejoy v. Transdev Servs., Inc., 2025 WL 2646159, at *2 (S.D. Cal. Sept. 15,
25 2025) (quoting Canchola v. Allstate Ins. Co., No. 8:23-CV-00734, 2024 WL
26 5275024, at *3 (C.D. Cal. Oct. 8, 2024) (collecting cases)); see also Nursing
27 Home Pension Fund v. Oracle Corp., No. C01-00988 MJJ, 2007 WL 3232267,
28 at *2 (N.D. Cal. Nov. 1, 2007) (“The Ninth Circuit has found that compelling
Motion to File Documents Under Seal; Case No. 3:21-md-02992-GPC-MSB 1
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1 reasons exist to keep personal information confidential to protect an individual's
2 privacy interest and to prevent exposure to harm or identity theft.”) (citing Foltz
3 v. State Farm Mut. Auto. Ins. Co., 331 F.3d 1122, 1134 (9th Cir. 2003) and
4 Kamakana v. City & Cnty. of Honolulu, 477 F.3d 1172, 1184 (9th Cir. 2006)).
5 5. Portions from the transcript of Plaintiffs’ deposition of the Bank’s Rule 30(b)(6)
6 designee, William Martin, attached as Exhibit E to the Bass Declaration, which
7 the Bank has designated as confidential or highly confidential.
8 6. Portions from the transcript of Plaintiffs’ deposition of the Bank’s Rule 30(b)(6)
9 designee, Michael Letson, attached as Exhibit F to the Bass Declaration, which
10 the Bank has designated as confidential or highly confidential.
11 7. The document produced by the Bank in this action Bates-stamped
12 BANA_EDD_MDL-00452826, attached as Exhibit G to the Bass Declaration,
13 which the Bank has designated confidential in its entirety.
14 8. The document produced by the Bank in this action Bates-stamped
15 BANA_EDD_MDL-00630754, attached as Exhibit H to the Bass Declaration,
16 which the Bank has designated confidential in its entirety.
17 9. Portions from the transcript of Defendant’s deposition of Plaintiffs’ expert Jane
18 Cloninger, attached as Exhibit I to the Bass Declaration, which the Bank has
19 designated as confidential or highly confidential and that the Court sealed in its
20 December 11, 2025 order (Dkt. 598).
21 10.Defendant’s Responses and Objections to Plaintiff’s Fourth Set of
22 Interrogatories, attached as Exhibit J to the Bass Declaration, which the Bank has
23 designated confidential pursuant to the Stipulated Protective Order.
24 11.The document produced by the Bank in this action Bates-stamped
25 BANA_EDD_MDL-00166345, attached as Exhibit K to the Bass Declaration,
26 which the Bank has designated confidential in its entirety.
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Motion to File Documents Under Seal; Case No. 3:21-md-02992-GPC-MSB 2
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1 12.Portions from the transcript of Plaintiffs’ deposition of the Bank’s Rule 30(b)(6)
2 designee, Shane Daniels, attached as Exhibit L to the Bass Declaration, which
3 the Bank has designated as confidential or highly confidential.
4 13.Portions of Plaintiff Candace Koole’s Objections and Supplemental Responses
5 to the Bank’s First Set of Interrogatories, attached as Exhibit M to the Bass
6 Declaration, which the Bank has designated confidential and contain personal
7 information, including Plaintiff Koole’s phone number and email address. See
8 Lovejoy, 2025 WL 2646159, at *2.
9 14.Portions of the April 4, 2025 Expert Rebuttal Report of Natalie Loebner, attached
10 as Exhibit N to the Bass Declaration, which quotes or discusses documents the
11 Bank has designated as confidential or highly confidential.
12 15.Portions of Plaintiffs’ Opposition to Defendant’s Motion to Exclude Certain
13 Expert Opinions of Jane Cloninger, which quote or discuss the portions of Exhibit
14 A to N of the Bass Declaration or portions of the Bank’s Daubert Motion (ECF
15 563) that the Bank has designated confidential or highly confidential or that the
16 Court has already ordered sealed.
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19 Respectfully submitted,
20 Dated: January 8, 2025 COTCHETT, PITRE & McCARTHY, LLP
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By: /s/ Brian Danitz
22 JOSEPH W. COTCHETT
BRIAN DANITZ
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KARIN B. SWOPE
24 BLAIR V. KITTLE
VASTI S. MONTIEL
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CAROLINE A. YUEN
26 REGINA WANG
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1 Dated: January 8, 2025 ALTSHULER BERZON LLP
2 By: /s/ Michael Rubin
3 MICHAEL RUBIN
STACEY M. LEYTON
4 CONNIE K. CHAN
5 JAMES BALTZER
KATHERINE BASS
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Co-Lead Counsel for Plaintiffs and the Class
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Motion to File Documents Under Seal; Case No. 3:21-md-02992-GPC-MSB 4
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1 SIGNATURE ATTESTATION
2 Pursuant to section 2(f)(4) of the Electronic Case Filing Administrative Policies and
3 Procedures Manual, I, Brian Danitz, attest that the other signatories listed, and on whose
4 behalf this filing is submitted, concur in the filing content and have authorized this filing.
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6 Dated: January 8, 2026 /s/ Brian Danitz
7 Brian Danitz
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Motion to File Documents Under Seal; Case No. 3:21-md-02992-GPC-MSB 5
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