Declaration of Lindsay E. Hoyle — Bofa Ca Unemployment (Dkt. 659.1)

Record facts

U.S. District Court for the Southern District of California · No. 3:21-md-02992-GPC-MSB · Doc. 659-1 · 2026-02-05 · Docket on CourtListener

Summary

A declaration of counsel filed February 5, 2026 as Document 659-1 in In re: Bank of America California Unemployment Benefits Litigation, No. 3:21-md-02992-GPC-MSB, in the United States District Court for the Southern District of California. Lindsay E. Hoyle, counsel of record for Bank of America, N.A., submits it in support of the bank's opposition to the plaintiffs' Daubert motion to exclude certain expert testimony. It authenticates attached exhibits: deposition excerpts taken May 19, 2025 and May 30, 2025, expert reports dated March 4, 2025 and April 4, 2025, and excerpts from the bank's interrogatory responses dated April 23, 2024. It describes Exhibit 41.A as an illustrative version of Schedule 1 whose rows are marked with dots, green shading and bold outlines to reflect groups of class members, with the data unmodified. The document is three pages, filed provisionally under seal.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Full text

HOYLE DECL. ISO STANGO OPP. 
CASE NO. 3:21-MD-02992-GPC-MSB 
 
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GOODWIN PROCTER LLP
ATTORNEYS AT LAW 
JAMES W. MCGARRY (pro hac vice) 
JMcGarry@goodwinlaw.com 
GOODWIN PROCTER LLP 
100 Northern Avenue 
Boston, MA 02210 
Tel.: +1 617 570 1000  
Fax: +1 617 523 1231 
 
SABRINA M. ROSE-SMITH (pro hac vice) 
SRoseSmith@goodwinlaw.com 
MATTHEW L. RIFFEE (pro hac vice) 
MRiffee@goodwinlaw.com 
GOODWIN PROCTER LLP 
1900 N Street, NW 
Washington, DC 20036 
Tel.: +1 202 346 4000  
Fax: +1 202 346 4444 
 
Attorneys for Defendant  
BANK OF AMERICA, N.A. 
 
 
 
[ADDITIONAL COUNSEL LISTED IN SIGNATURE BLOCK] 
UNITED STATES DISTRICT COURT 
FOR THE SOUTHERN DISTRICT OF CALIFORNIA  
SAN DIEGO DIVISION 
IN RE: BANK OF AMERICA 
CALIFORNIA UNEMPLOYMENT 
BENEFITS LITIGATION 
Case No. 21-MD-02992-GPC-MSB 
DECLARATION OF LINDSAY E. 
HOYLE IN SUPPORT OF 
DEFENDANT BANK OF AMERICA, 
N.A’S OPPOSITION TO PLAINTIFFS’ 
DAUBERT MOTION TO EXCLUDE 
CERTAIN TESTIMONY OF VICTOR 
STANGO 
Ctrm: 
12A – 12th Floor 
Judge: 
Hon. Gonzalo P. Curiel 
FILED PROVISIONALLY UNDER SEAL 
PURSUANT TO STIPULATED PROTECTIVE 
ORDER 
 
 
Case 3:21-md-02992-GPC-MSB     Document 659-1     Filed 02/05/26     PageID.57093 
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HOYLE DECL. ISO STANGO OPP. 
CASE NO. 3:21-MD-02992-GPC-MSB 
 
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GOODWIN PROCTER LLP 
ATTORNEYS AT LAW 
I, Lindsay E. Hoyle, state and declare as follows: 
1. 
I am Counsel at Goodwin Procter LLP, and counsel of record for 
Defendant Bank of America, N.A. (“BANA”) in the above-captioned lawsuit. 
2. 
I have personal knowledge of the facts set forth in this declaration, and 
if called upon to do so, I could and would competently testify thereto. 
3. 
I make this declaration in support of BANA’s Opposition to Plaintiffs’ 
Daubert Motion to Exclude Certain Testimony of Victor Stango. 
4. 
Attached hereto as Exhibit 39.A is a true and correct copy of excerpts 
from the official transcript of BANA’s deposition of Expert Greg Regan, taken on 
May 19, 2025. 
5. 
Attached hereto as Exhibit 41 is a true and correct copy of the Expert 
Report of Greg Regan, and appendices thereto, dated March 4, 2025.   
6. 
Exhibit 41 references Schedule 1, a true and correct copy of which was 
provided to BANA’s counsel, which consists of Regan’s summary of BANA’s 
Business Records as they pertain to 
 
 See HX 41 n.33. Attached hereto as Exhibit 41.A is a true and correct 
copy of an illustrative version of Schedule 1. The data contained in Schedule 1 has 
not been modified, but the rows therein have been revised: 
i. With dots to reflect the 
 class members (
%) who were 
 of making an unauthorized transaction claim;  
ii. In green to reflect the 
 class members (
%) who were 
 
 the Preliminary Injunction was entered on June 9, 
2021; and 
iii. With bold black outlines to reflect the 
 class members 
(
%) who were 
 the Consent Order was entered 
on July 14, 2022. 
The 
 class members ( %) who were 
 the Consent Order was entered 
on July 14, 2022 remain in original.  
Case 3:21-md-02992-GPC-MSB     Document 659-1     Filed 02/05/26     PageID.57094 
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HOYLE DECL. ISO STANGO OPP.  
CASE NO. 3:21-MD-02992-GPC-MSB 
 
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GOODWIN PROCTER LLP 
ATTORNEYS AT LAW 
7. 
Attached hereto as Exhibit 42 is a true and correct copy of excerpts from 
BANA’s Second Set of Responses and Objections to Plaintiff Yick’s Seventh Set of 
Interrogatories, dated April 23, 2024. 
8. 
Attached hereto as Exhibit 48 is a true and correct copy of excerpts from 
the official transcript of Plaintiffs’ deposition of Expert Victor Stango, taken on May 
30, 2025. 
9. 
Attached hereto as Exhibit 49 is a true and correct copy of the Expert 
Report of Carl Pry, and appendices thereto, dated April 4, 2025.  
I declare under penalty of perjury that the foregoing is true and correct. 
Executed on February 5, in New York, New York. 
 
/s/Lindsay E. Hoyle 
 
 
 
LINDSAY E. HOYLE 
 
Case 3:21-md-02992-GPC-MSB     Document 659-1     Filed 02/05/26     PageID.57095 
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