Court filing
Exhibit PX41 — In re Bank of America California Unemployment Benefits Litigation (Dkt. 634-42, S.D. Cal. No. 3:21-md-02992)
Filed January 9, 2026 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 | 2026-01-09 |
U.S. District Court for the Southern District of California · No. 3:21-md-02992-GPC-MSB · Doc. 634-42 · 2026-01-09 · Docket on CourtListener
Full text
PX 41
Case 3:21-md-02992-GPC-MSB Document 634-42 Filed 01/09/26 PageID.53618
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CONFIDENTIAL
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UNITED STATES DISTRICT COURT
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SOUTHERN DISTRICT OF CALIFORNIA
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SAN DIEGO DIVISION
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IN RE: BANK OF AMERICA )
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CALIFORNIA UNEMPLOYMENT ) 21-MD-02992-LAB-MSB
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BENEFITS LITIGATION ) CONFIDENTIAL
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_________________________)
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VIDEO DEPOSITION OF LINDSAY McCLURE
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MARCH 12, 2024
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Reported by: Rosalie A. Kramm, CSR No. 5469, RPR, CRR
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CONFIDENTIAL
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APPEARANCES
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FOR THE PLAINTIFFS:
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COTCHETT, PITRE & McCARTHY LLP
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BY: VASTI S. MONTIEL, ESQ.
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BY: BRIAN DANITZ, ESQ. (Appearing Remotely)
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840 Malcolm Road, Suite 200
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Burlingame, California 94010
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650.697.6000
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vmontiel@cpmlegal.com
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- and -
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COTCHETT, PITRE & McCARTHY LLP
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BY: KARIN B. SWOPE, ESQ. (Appearing Remotely)
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999 North Northlake Way, Suite 215
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Seattle, Washington 98103
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206.802.1272
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kswope@cpmlegal.com
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- and -
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BOTTINI & BOTTINI
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BY: AARON P. ARNZEN, ESQ.
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7817 Ivanhoe Avenue, Suite 102
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La Jolla, California 92037-4541
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858.914.2001
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aarnzen@bottinilaw.com
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- and -
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CONFIDENTIAL
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I N D E X (continued)
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ALTSHULER BERZON LLP
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BY: CONNIE K. CHAN, ESQ. (Appearing Remotely)
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BY: COLIN CLEMENTE JONES, ESQ. (Appearing Remotely)
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177 Post Street, Suite 300
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San Francisco, California 94108
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415.421.7151
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cchan@altshulerberzon.com
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cjones@altshulerberzon.com
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- and -
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CASEY GERRY
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BY: GAYLE BLATT, ESQ.
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110 Laurel Street
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San Diego, California 92103
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619.815.5226
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gmb@cglaw.com
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FOR THE DEFENDANT BANK OF AMERICA:
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GOODWIN PROCTER LLP
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BY: ANGELICA RANKINS, ESQ.
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1900 N Street NW
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WASHINGTON, DC 20036
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202.346.4000
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arankins@goodwinlaw.com
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CONFIDENTIAL
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I N D E X (continued)
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FOR THE DEFENDANT BANK OF AMERICA:
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GOODWIN PROCTER LLP
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BY: VALERIE A. HAGGANS, ESQ.
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BY: ETHAN SHUCHART, ESQ. (Appearing Remotely)
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620 Eighth Avenue
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New York, New York 10018
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212.459.7255
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vhaggans@goodwinlaw.com
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eshuchart@goodwinlaw.com
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- and -
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GOODWIN PROCTER LLP
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BY: KATAHDIN RENDINO, ESQ. (Appearing Remotely)
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601 Marshall Street
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Redwood City, California 94063
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650.752.3408
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krendino@goodwinlaw.com
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- and -
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GOODWIN PROCTER LLP
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BY: MARIE MacCUNE, ESQ. (Appearing Remotely)
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100 Northern Avenue
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Boston, Massachusetts 02210
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617.570.1131
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mmaccune@goodwinlaw.com
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CONFIDENTIAL
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A P P E A R A N C E S ( c o n t i n u e d )
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T H E L E G A L V I D E O G R A P H E R : G R E G G E I S M A N
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CONFIDENTIAL
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MARCH 12, 2024 TUESDAY 10:00 A.M. SAN DIEGO, CALIFORNIA
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THE VIDEOTAPE OPERATOR: Good morning. We're 10:09:17
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going on the record at 10:09 a.m. on Tuesday, March 12th, 10:09:18
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2024. Please note this -- the microphones are sensitive 10:09:24
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and may pick up whispering and private conversations. 10:09:29
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Please mute your phones at this time. Audio and video 10:09:33
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recording will continue to take place unless all parties 10:09:37
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agree to go off the record. 10:09:40
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This is Media Unit 1 of the Video Recorded 10:09:42
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Deposition of Lindsay McLure, testifying in the matter of 10:09:42
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En Re Bank of America California Unemployment Benefits 10:09:45
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Litigation, filed in the United States District Court, 10:09:47
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Southern District of California, San Diego Division, Case 10:09:52
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No. 21-MD-02992. This deposition is being held at Meyers 10:09:54
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Nave, 600 "B" Street, Suite 1650, San Diego, California. 10:10:01
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My name is Gregg Eisman, representing Veritext, 10:10:07
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I'm the videographer. The court reporter today is 10:10:10
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Rosalie Kramm, also from the firm Veritext. 10:10:12
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I'm not related to any party in this action, 10:10:15
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nor am I financially interested in the outcome. 10:10:17
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If there are any objections to the proceeding, 10:10:20
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please state them at the time of your appearance. 10:10:22
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Counsel will now state their appearances and affiliations 10:10:24
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for the record, beginning with the noticing attorney. 10:10:28
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MS. HAGGANS: Good morning. Valerie Haggans 10:10:30
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from the law firm Goodwin Procter for Defendant Bank of 10:10:32
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America, N.A. 10:10:35
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MS. RANKINS: Angelica Rankins from Goodwin 10:10:38
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Procter for Bank of America. 10:10:38
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MS. MONTIEL: Vasti Montiel from Cotchett, 10:10:41
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Pitre & McCarthy for the Class Plaintiffs. 10:10:42
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MS. BLATT: Gayle Blatt, Casey Gerry, on behalf 10:10:46
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of the Class Plaintiffs. 10:10:49
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MR. ARNZEN: Aaron Arnzen, Bottini & Bottini, 10:10:51
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on behalf of Ms. McClure. 10:10:51
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THE VIDEOTAPE OPERATOR: And we have counsel 10:10:56
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remote, also. 10:10:57
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MS. HAGGANS: Yes. In our previous depositions 10:10:59
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the court reporter has read in the remote participants, 10:11:00
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just so that we have a record of who had attended. 10:11:04
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THE COURT REPORTER: They should announce their 10:11:07
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appearances. 10:11:07
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Counsel appearing remotely, please give your 10:11:07
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appearance now. 10:11:07
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MR. SHUCHART: Hi. This is Ethan Shuchart with 10:11:37
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Goodman Procter representing Bank of America, N.A. 10:11:39
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MR. RENDINO: This is Katahdin Rendino with 10:11:45
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Goodman Procter for Bank of America, N.A. 10:11:45
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MS. SWOPE: Karin Swope with Cotchett, Pitre & 10:11:51
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McCarthy for Class Plaintiffs. 10:11:52
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CONFIDENTIAL
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* * * 10:11:54
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10:11:54
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LINDSAY McCLURE, 10:11:54
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having been first duly sworn, testified as follows: 10:11:54
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10:11:54
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EXAMINATION 10:11:54
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BY MS. HAGGANS: 10:12:06
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Q. Good morning, Ms. McClure. 10:12:07
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A. Good morning. 10:12:08
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Q. We met earlier this morning, but I'm Valerie 10:12:10
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Haggans. I'm one of the lawyers for Bank of America, and 10:12:13
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I'm going to be taking your deposition today. 10:12:17
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A. Okay. 10:12:19
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Q. I'm going to ask you a number of questions 10:12:21
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regarding your lawsuit. Your attorney may have 10:12:24
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objections to some of those questions, but unless she 10:12:28
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instructs you not to answer, you still need to respond to 10:12:33
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my questions. 10:12:36
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A. Okay. 10:12:37
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Q. Does that make sense? 10:12:37
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A. Yes. 10:12:38
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Q. Okay. Can you please state your full name for 10:12:39
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the record. 10:12:42
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A. Lindsay Marie McClure. 10:12:43
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Q. Have you gone by any other names in your 10:12:44
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CONFIDENTIAL
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Q. When you received hard copy mail from EDD, what 12:50:57
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address did that mail come to? 12:51:05
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Q. Did you keep the hard copy mail that you 12:51:20
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received from EDD? 12:51:22
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MS. MONTIEL: Objection. Vague. 12:51:25
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THE WITNESS: Which copies? 12:51:27
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BY MS. HAGGANS: 12:51:29
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Q. Any of the documents that came to you from EDD 12:51:29
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via hard copy mail. 12:51:33
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A. I would say most of them, yes. 12:51:36
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Q. And where did you keep those? 12:51:38
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A. Stored under my bed. 12:51:40
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Q. In the box that we talked about earlier today. 12:51:42
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A. Yes. 12:51:44
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Q. Did you ever receive information from EDD about 12:51:51
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the different ways that you could receive your 12:51:57
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unemployment benefits? 12:52:00
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MS. MONTIEL: Objection. Vague as to time. 12:52:02
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THE WITNESS: No. 12:52:03
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BY MS. HAGGANS: 12:52:04
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Q. Prior to receiving -- strike that. 12:52:10
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When you submitted your application to EDD in 12:52:20
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early 2020, were you aware that your EDD benefits would 12:52:24
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be sent to you on a prepaid card? 12:52:29
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A. Not until they sent it to me. 12:52:34
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Q. When you received the card, did you have an 12:52:39
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understanding of who it was issued from? 12:52:42
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A. Yes. 12:52:45
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MS. MONTIEL: Objection. Speculation. 12:52:46
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BY MS. HAGGANS: 12:52:47
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Q. Did you understand that it would be coming from 12:52:48
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Bank of America? 12:52:51
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A. From what it stated on the card, yes. 12:52:52
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Q. Did you have an understanding about where the 12:52:57
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money on the prepaid card would be coming from? 12:53:00
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MS. MONTIEL: Objection. Speculation. 12:53:04
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THE WITNESS: My understanding was that it was 12:53:07
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the unemployment benefits that were deposited to the 12:53:09
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card. 12:53:13
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BY MS. HAGGANS: 12:53:14
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Q. Did you ever consider receiving your 12:53:17
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unemployment benefits via checks rather than via the 12:53:19
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prepaid card? 12:53:24
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MS. MONTIEL: Objection. Vague as to time. 12:53:25
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THE WITNESS: Not until it was offered to me. 12:53:27
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BY MS. HAGGANS: 12:53:30
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Q. Okay. And when was that offered to you? 12:53:30
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A. After I was a victim of fraud. 12:53:33
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Q. Can you put a month and year on that? 12:53:39
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CONFIDENTIAL
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A. When I corresponded with EDD, they offered me 12:53:44
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the form of check at the end of December. 12:53:48
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Q. Is that December 2020? 12:53:53
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A. Yes. 12:53:54
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Q. And how did EDD make that offer to you, to 12:54:20
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receive your benefits via check? 12:54:22
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A. I reached out to them directly, stating that I 12:54:24
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did not want to keep my card with Bank of America. 12:54:27
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Q. Was that over the phone? 12:54:32
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A. Yes. 12:54:33
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Q. And what did they say in response? 12:54:40
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A. They said I should have been offered both, and 12:54:43
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I was not. 12:54:45
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Q. And then did you, in fact, ask for your 12:54:52
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benefits to be paid via check? 12:54:54
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A. Yes. 12:54:58
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Q. And did you, in fact, receive your benefits via 12:55:03
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check? 12:55:06
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A. Yes. 12:55:07
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Q. Do you remember when you received your first 12:55:12
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check for your EDD benefits? 12:55:13
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A. January of '21. 12:55:16
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Q. And did you continue to receive your benefits 12:55:25
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via check until you stopped receiving benefits when you 12:55:27
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CONFIDENTIAL
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REPORTER'S CERTIFICATE
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I, Rosalie A. Kramm, Certified Shorthand
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Reporter for the State of California, do hereby
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certify:
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That the witness named in the foregoing
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deposition was by me duly sworn; that the
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deposition was then taken before me at the time
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and place herein set forth; that the testimony
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and proceedings were reported stenographically
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by me and were transcribed through computerized
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transcription by me; that the foregoing is a
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true record of the testimony and proceedings
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taken at that time; and that I am not
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interested in the event of the action.
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Witness my hand dated March 22, 2024.
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<%18769,Signature%>
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ROSALIE A. KRAMM
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CSR 5469, RPR, CRR
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-is
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CONFIDENTIAL
I declare under penalty of perjury that the
foregoing is true and correct.
Subscribed at
San Diego
----=-----' _C_a_li_fo_m_i_a ____ , this 26th
day of
April
, 2 O 24 •
_
__,;;; ____ _
LINDSAY MCCLURE
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CONFIDENTIAL
In re Bank Of America CA Unemployment Benefits Litigation
LINDSAY MCCLURE (#6489508)
E R R A T A
S H E E T
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PAGE
LINE 10
CHANGE
McLure to McClure
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REASON Spelling Error of Last Name
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LINE 7
CHANGE February or March of 2021
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REASON I retained in January of 2021
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LINE 22
CHANGE Worked to Work
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REASON Present Tense not past tense
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LINE 6-11
CHANGE Salary to Salary & Commission
REASON Correction
PAGE
LINE
CHANGE
---
---
------------
REASON ----------------------
PAGE
LINE
CHANGE
---
---
------------
REASON ----------------------
WITNESS
26 April 2024
Date
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