Court filing
MOTION to File Documents Under Seal — Bofa Ca Unemployment (Dkt. 657)
Summary
Bank of America, N.A.'s motion to seal documents filed with its opposition to the plaintiffs' Daubert motion to exclude certain testimony of Victor Stango, in In re Bank of America California Unemployment Benefits Litigation, Case No. 21-MD-02992-GPC-MSB, U.S. District Court for the Southern District of California, filed 02/05/26 as Document 657 (8 pages). The bank seeks to seal certain exhibits to the Hoyle Declaration and references to them in its opposition, noting that exhibits HX 41 and 42 were already sealed in connection with its motion to exclude the plaintiffs' expert Greg J. Regan. It argues that compelling reasons apply to papers on motions to exclude expert testimony and that the court's earlier sealing orders support sealing the same material.
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Cite this document
“MOTION to File Documents Under Seal — Bofa Ca Unemployment (Dkt. 657).”
Original at ecf.casd.uscourts.gov, No. 3:21-md-02992-GPC-MSB, Doc. 657. Archived at Pandemic Darlings, https://pandemicdarlings.com/court-filings/full-docket-bofa-ca-unemployment-casd-709615/2026-02-05-gov-uscourts-casd-709615-657-0-gov-uscourts-casd-709615-657-0/
, SHA-256 0f32977a2ca02ed704e08aea4f4a435faef8ba1e47382aa3717527c838625537.Full text
Case 3:21-md-02992-GPC-MSB Document 657 Filed 02/05/26 PageID.55774 Page
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1 JAMES W. MCGARRY (pro hac vice)
JMcGarry@goodwinlaw.com
2 GOODWIN PROCTER LLP
3 100 Northern Avenue
Boston, MA 02210
4 Tel.: +1 617 570 1000
Fax: +1 617 523 1231
5
SABRINA M. ROSE-SMITH (pro hac vice)
6 SRoseSmith@goodwinlaw.com
7 MATTHEW L. RIFFEE (pro hac vice)
MRiffee@goodwinlaw.com
8 GOODWIN PROCTER LLP
1900 N Street, NW
9 Washington, DC 20036
10 Tel.: +1 202 346 4000
Fax: +1 202 346 4444
11
Attorneys for Defendant
12 BANK OF AMERICA, N.A.
13 [ADDITIONAL COUNSEL LISTED IN SIGNATURE BLOCK]
14
UNITED STATES DISTRICT COURT
15
FOR THE SOUTHERN DISTRICT OF CALIFORNIA
16
SAN DIEGO DIVISION
17
18 IN RE: BANK OF AMERICA Case No. 21-MD-02992-GPC-MSB
CALIFORNIA UNEMPLOYMENT DEFENDANT BANK OF AMERICA,
19 BENEFITS LITIGATION N.A.’S MOTION TO SEAL
20 DOCUMENTS FILED IN
OPPOSITION TO PLAINTIFFS’
21 DAUBERT MOTION TO EXCLUDE
CERTAIN TESTIMONY OF VICTOR
22 STANGO
23
Ctrm: 12A – 12th Floor
24 Judge: Hon. Gonzalo P. Curiel
25
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27
28
GOODWIN PROCTER LLP
ATTORNEYS AT LAW
BANA’S MOT. TO SEAL STANGO OPP. CASE NO. 3:21-MD-02992-GPC-MSB
Case 3:21-md-02992-GPC-MSB Document 657 Filed 02/05/26 PageID.55775 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) hereby submits this Notice
3 and Motion to Seal (Motion) certain documents and portions of other documents 1 in
4 connection with BANA’s Opposition (Opposition) to Plaintiffs’ Daubert Motion to
5 Exclude Certain Testimony of Victor Stango. In particular, BANA seeks to seal
6 certain Hoyle Declaration Exhibits 2 (in whole or in part) because compelling reasons
7 supports sealing of the identified documents or portions thereof, as well as any
8 references to those exhibits in BANA’s Opposition and the Hoyle Declaration filed
9 in support. Consistent with the Court’s prior sealing orders finding compelling
10 reasons to seal certain exhibits filed with BANA’s Daubert Motions (ECF 598, 599,
11 600, 601, 602) and BANA’s Motion for Partial Summary Judgment (ECF 603),
12 BANA also seeks to seal references within its Opposition and the Hoyle Declaration
13 to the contents of those already-filed and sealed exhibits or portions thereof.3
14 As previously stated in BANA’s motions to seal submitted in connection with
15 class certification briefing and argument (ECF 328, 337, 344, 347, 383, 418, 451)
16 and BANA’s motions to seal submitted in connection with summary judgment
17 briefing (ECF 577, 579, 581, 583, 585, 587), the public’s right to inspect and copy
18 judicial records is not absolute, and a party faced with the disclosure of confidential
19 or proprietary information may seek to file the documents under seal to avoid
20 disclosure of business information that might result in competitive harm or be used
21 for improper purposes. See Nixon v. Warner Commc’ns, Inc., 435 U.S. 589, 598
22
23 1
Defendants’ Exhibits to the Declaration of Lindsay E. Hoyle in Support of the
Opposition to Plaintiffs’ Daubert Motion to Exclude Certain Testimony of Victor
24 Stango shall be referred to as “HX” in this Motion and the forthcoming Opposition
and supporting documents. Plaintiffs’ Exhibits to the Declaration of James Baltzer in
25 Support of Plaintiffs’ Daubert Motion to Exclude Certain Testimony of Victor
Stango shall be referred to as “BX” in this Opposition and supporting documents.
26 2
Exhibits HX 41 and 42 were previously sealed by this Court (ECF 602) in
connection with BANA’s Motion to Exclude the Purported Expert Opinions of Greg
27 J. Regan (ECF 567). BANA refiles these exhibits as a courtesy for the Court.
3
BANA incorporates by reference Plaintiffs’ Motion to File Documents Under Seal
28 (ECF 618) in connection with Plaintiffs’ Daubert Motion to Exclude Certain
GOODWIN PROCTER LLP
Testimony of Victor Stango (Stango Motion, ECF 569).
ATTORNEYS AT LAW 1
BANA’S MOT. TO SEAL STANGO OPP. CASE NO. 3:21-MD-02992-GPC-MSB
Case 3:21-md-02992-GPC-MSB Document 657 Filed 02/05/26 PageID.55776 Page
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1 (1978) (denying disclosure); Local Civ. R. 79.2(c). A party seeking to seal documents
2 filed in connection with a motion to exclude expert testimony must show “compelling
3 reasons” to seal, as such motions may be effectively “dispositive of a motion for
4 summary judgment.” Lust ex rel. Lust v. Merrell Dow Pharm., Inc., 89 F.3d 594, 597
5 (9th Cir. 1996) (noting that Daubert ruling was dispositive); see Rink v. Cheminova,
6 Inc., 400 F.3d 1286, 1288 (11th Cir. 2005) (affirming a grant of summary judgment
7 on grounds that plaintiff failed to prove causation after the plaintiff's expert was
8 excluded under Daubert).
9 Courts, including this Court, consistently seal documents where—as here—
10 disclosure of confidential business information risks competitive harm to the litigant
11 or improper use of the information such as to commit fraud. ECF 603; see e.g., E.W.
12 Bank v. Shanker, 2021 WL 3112452, *18-19 (N.D. Cal. July 22, 2021) (finding
13 compelling reasons to seal confidential onboarding processes, verification of
14 customer identities, and fraud prevention measures); Soria v. U.S. Bank N.A., 2019
15 WL 8167925, *4 (C.D. Cal. Apr. 25, 2019) (finding compelling reasons to seal
16 internal fraud investigation procedures because there was a “significant danger that
17 someone could improperly use this information to commit fraud and avoid
18 detection.”). Indeed, this Court largely granted the Parties’ prior motions to seal,
19 finding good cause or compelling reasons to seal documents concerning the same
20 topics that BANA now seeks to seal, including but not limited to, BANA’s fraud
21 detection and prevention strategies and policies, BANA’s claim review and
22 compensation policies, and BANA’s implementation of the Remediation Plan and
23 Addenda. See ECF 266, 293, 365, 381, 390, 391, 397, 421, 466, 467, 548, 598, 599,
24 600, 601, 602, 603, 638, 639, 641, 642 (Sealing Orders). Those prior rulings are
25 sufficient grounds alone to grant sealing here. See Lundstrom v. Young, 2022 WL
26 15524624, *17 (S.D. Cal. Oct. 27, 2022) (J. Curiel) (considering prior sealing of
27 exhibits when granting motion to seal); Workplace Techs. Rsch., Inc. v. Project
28 Mgmt. Inst., Inc., 2021 WL 6091272, *3 (S.D. Cal. Oct. 20, 2021) (sealing references
GOODWIN PROCTER LLP
ATTORNEYS AT LAW 2
BANA’S MOT. TO SEAL STANGO OPP. CASE NO. 3:21-MD-02992-GPC-MSB
Case 3:21-md-02992-GPC-MSB Document 657 Filed 02/05/26 PageID.55777 Page
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1 to document that court already granted sealing of).
2 Consistent with this Court’s Sealing Orders, there are compelling reasons to
3 seal the confidential documents and testimony at issue here (or references thereto),
4 as well as substantive discussions of already sealed exhibits filed in connection the
5 Stango Motion, because each document reflects topics that are likely to cause
6 particularized competitive harm to BANA and which could potentially enable future
7 fraud, and thus pose a danger to BANA’s business and the public. See, e.g., Soria,
8 2019 WL 8167925, *4 (finding compelling reasons to seal bank’s internal procedures
9 for investigating fraud because there was a “significant danger that someone could
10 improperly use this information to commit fraud and avoid detection”). Each
11 document was also properly designated as “Confidential” or “Highly Confidential –
12 Attorneys’ Eyes Only” under the Protective Order entered by this Court. See BAE
13 Systems, 670 F. Supp. 3d at 1069 (finding good cause to seal certain exhibits filed in
14 connection with an apex discovery dispute because “information in the exhibits fits
15 within ‘confidential information’ in the protective order”).
16 Specifically, the Confidential documents and testimony that BANA seeks to
17 seal include, but are not limited to, the following categories of documents and
18 information, for which this Court has already found compelling reasons to seal:
19 • HX 41, HX 41.A, HX 48, and HX 49 reflect confidential BANA fraud
20 detection and prevention strategies and policies, including the Claim
21 Fraud Filter, and other current and former fraud strategies that could be
22 misused by fraudsters to perpetrate future fraud or could be used by
23 another financial institution to BANA’s competitive disadvantage (see
24 Amended Sealing Order (ECF 365) at 5-6, 12; Sealing Order (ECF 598,
25 599, 600, 601, 602, 603));
26 • HX 41, HX 41.A, HX 48, and HX 49 reflect confidential BANA
27 documents pertaining to BANA’s Remediation Plan and Addenda with
28 the Office of the Comptroller of the Currency (OCC) and the Consumer
GOODWIN PROCTER LLP
ATTORNEYS AT LAW 3
BANA’S MOT. TO SEAL STANGO OPP. CASE NO. 3:21-MD-02992-GPC-MSB
Case 3:21-md-02992-GPC-MSB Document 657 Filed 02/05/26 PageID.55778 Page
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1 Financial Protection Bureau (CFPB)—which were designated Highly
2 Confidential – Attorneys’ Eyes Only at those regulators’ requests—
3 which this Court has found compelling reasons to seal (see Amended
4 Sealing Order (ECF 365) at 14–16; Sealing Orders (ECF 598, 599, 600,
5 601, 602, 603));
6 • HX 42 reflects BANA’s interrogatory responses and data provided
7 therein reflecting any reconsideration by BANA of those claims and any
8 compensation paid as a result (see ECF 365 at 5-9, 12 (finding
9 compelling reasons to seal); Sealing Orders (ECF 602, 603)); and
10 • HX 41, HX 41.A, HX 48, and HX 49 reflect expert reports and excerpts
11 of experts’ deposition testimony, which include discussions of BANA’s
12 confidential documents, many of which contain the confidential
13 information described above, including but not limited to: BANA’s
14 handling of unauthorized transaction claims and reconsiderations. This
15 information could be misused by fraudsters to perpetrate future fraud or
16 could be used by another financial institution to BANA’s competitive
17 disadvantage (see Amended Sealing Order (ECF 365) at 5-9, 12; Sealing
18 Orders (ECF 598, 599, 601, 602, 603)).
19 BANA has also provisionally redacted and sealed portions of the Opposition
20 and Hoyle Declaration that quote, describe or reflect descriptions of the confidential
21 documents, testimony and topics identified above, for which the Parties have
22 previously sought to seal in connection with BANA’s summary judgment briefings
23 (ECF 577, 579, 581, 583, 585, 587) and the Stango Motion (ECF 569). These
24 provisional redactions and seals are consistent with the terms of the Stipulated
25 Protective Order (ECF 82, § 3), with this Court’s prior Sealing Orders (ECF 266,
26 293, 365, 381, 390, 391, 397, 421, 466, 467, 548, 598, 599, 600, 601, 602, 603), and
27 with rulings in this Circuit. See, e.g., Darisse v. Nest Labs, Inc., 2016 WL 11474174,
28 at *2 (N.D. Cal. June 2, 2016) (sealing class certification motion and declarations
GOODWIN PROCTER LLP
ATTORNEYS AT LAW 4
BANA’S MOT. TO SEAL STANGO OPP. CASE NO. 3:21-MD-02992-GPC-MSB
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1 that quote or reference confidential exhibits). For the reasons discussed above, there
2 are compelling reasons to seal quotes from and discussions of those topics, testimony
3 and documents discussed in the Parties’ briefing. See supra at 3-4.
4 * * *
5 For the foregoing reasons and for the reasons set forth in the Court’s Sealing
6 Orders in connection with class certification briefing and argument (ECF 365, 381,
7 390, 391, 397, 421, 466, 467, 548), the Court’s Sealing Orders in connection with
8 BANA’s Daubert Motions (ECF 598, 599, 600, 601, 602), the Court’s Sealing Orders
9 in connection with BANA’s Motion for Partial Summary Judgment (ECF 603),
10 Plaintiffs’ Motions to Seal (ECF Nos. 376, 384, 394, 463, 475, 524, 527, 569, 572,
11 609, 615, 618), BANA’s prior Motions to Seal (ECF Nos. 328, 337, 344, 347, 383,
12 418, 451, 577, 579, 581, 583, 585, 587) and accompanying declarations submitted in
13 support thereof (ECF Nos. 344-1, 344-2, 344-3, 347-1, 347-2), all of which are
14 incorporated herein by reference, BANA respectfully requests that the Court grant
15 Defendant’s Motion to Seal Documents Filed in Support of its Opposition to
16 Plaintiffs’ Daubert Motion to Exclude Certain Testimony of Victor Stango because
17 compelling reasons support sealing thereof.
18
19 Dated: February 5, 2026 Respectfully submitted,
20 By: s/ Lindsay E. Hoyle
LINDSAY E. HOYLE (pro hac vice)
21 LHoyle@goodwinlaw.com
22 VALERIE A. HAGGANS (pro hac vice)
VHaggans@goodwinlaw.com
23 GOODWIN PROCTER LLP
620 Eighth Avenue
24 New York, NY 10018
Tel: +1 212 813-8800
25 Fax: +1 212 355-3333
26
JAMES W. MCGARRY (pro hac vice)
27 JMcGarry@goodwinlaw.com
GOODWIN PROCTER LLP
28 100 Northern Avenue
GOODWIN PROCTER LLP
ATTORNEYS AT LAW 5
BANA’S MOT. TO SEAL STANGO OPP. CASE NO. 3:21-MD-02992-GPC-MSB
Case 3:21-md-02992-GPC-MSB Document 657 Filed 02/05/26 PageID.55780 Page
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1 Boston, MA 02210
Tel.: +1 617 570 1000
2 Fax: +1 617 523 1231
3
SABRINA M. ROSE-SMITH (pro hac vice)
4 SRoseSmith@goodwinlaw.com
MATTHEW L. RIFFEE (pro hac vice)
5 MRiffee@goodwinlaw.com
KEITH LEVENBERG (pro hac vice)
6 KLevenberg@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 LAURA G. BRYS (SBN 242100)
11 LBrys@goodwinlaw.com
GOODWIN PROCTER LLP
12 601 S. Figueroa St., Suite 4100
Los Angeles, CA 90017
13 Tel.: +1 213 426 2500
14 Fax: +1 617 346 4444
15 YVONNE W. CHAN (pro hac vice)
YChan@jonesday.com
16 JONES DAY
100 High Street
17 Boston, MA 02110
18 Tel.: +1 617 960 3939
Fax: +1 617 449 6999
19
JANICE P. BROWN (SBN 114433)
20 jbrown@myersnave.com
MATTHEW B. NAZARETH (SBN 278405)
21 mnazareth@myersnave.com
22 MEYERS NAVE
600 B Street, Suite 1650
23 San Diego, CA 92101
24 Attorneys for Defendant
BANK OF AMERICA, N.A.
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GOODWIN PROCTER LLP
ATTORNEYS AT LAW 6
BANA’S MOT. TO SEAL STANGO OPP. CASE NO. 3:21-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 February 5, 2026. 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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9 Dated: February 5, 2026 s/ Lindsay E. Hoyle
10 LINDSAY E. HOYLE
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GOODWIN PROCTER LLP
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BANA’S MOT. TO SEAL STANGO OPP. CASE NO. 3:21-MD-02992-GPC-MSB
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