Exhibit HX 51 — In re Bank of America California Unemployment Benefits Litigation (Dkt. 675-3, S.D. Cal. No. 3:21-md-02992)

Record facts

U.S. District Court for the Southern District of California · No. 3:21-md-02992-GPC-MSB · Doc. 675-3 · 2026-02-20 · Docket on CourtListener

Full text

HX 51
REDACTED VERSION 
OF DOCUMENT 
SOUGHT TO BE 
SEALED PURSUANT 
TO STIPULATED 
PROTECTIVE ORDER
Case 3:21-md-02992-GPC-MSB     Document 675-3     Filed 02/20/26     PageID.58836 
Page 1 of 14

1
         UNITED STATES DISTRICT COURT
2
       SOUTHERN DISTRICT OF CALIFORNIA
3
              SAN DIEGO DIVISION
                  -   -   -
4
IN RE:  BANK OF AMERICA   : CASE NO.
5
CALIFORNIA UNEMPLOYMENT   : 21-MD-02992-GPC-MSB
6
BENEFITS LITIGATION       :
7
__________________________
8
9
10
11
               Oral deposition of JAY
12
          MINNUCCI, taken pursuant to Notice,
13
          held at Goodwin Proctor LLP, 3025
14
          John F. Kennedy Boulevard, 8th
15
          Floor, Philadelphia, Pennsylvania
16
          19104, beginning at approximately
17
          9:30 a.m., before Mary Hammond, a
18
          Certified Shorthand Reporter and
19
          Notary Public in the state of
20
          Pennsylvania, April 23, 2025.
21
22
23
JOB No. 7288941
24
PAGES 1 - 460
Page 1
Veritext Legal Solutions
Calendar-CA@veritext.com 866-299-5127
Case 3:21-md-02992-GPC-MSB     Document 675-3     Filed 02/20/26     PageID.58837 
Page 2 of 14

1
clients that I -- you know, that I wouldn't
2
necessarily call consulting, but they would
3
ask a question.
4
          I've always told my clients, "Look,
5
you got to" -- "you need an hour of my time"
6
-- if it's a past client, that's -- it comes
7
free of charge, you know, so I'll answer
8
their questions.  So if I included those, it
9
would be a fair bit more.
10
     Q.   Do you recall which clients
11
specifically to the extent you're able to say
12
that you consulted with during that time
13
period, March 2020 through the end of 2020?
14
     A.   Well -- well, I have non-disclosure
15
agreements, so I can't say who.
16
     Q.   Generally, can you say what
17
industries they were in?
18
     A.   I spoke with people in property and
19
casualty insurance companies, utilities, the
20
-- the telecom providers, mobile network
21
operators, I guess, would be a greater
22
description.
23
     Q.   Okay.
24
          Any large Bank's -- Bank's or
Page 60
Veritext Legal Solutions
Calendar-CA@veritext.com 866-299-5127
Case 3:21-md-02992-GPC-MSB     Document 675-3     Filed 02/20/26     PageID.58838 
Page 3 of 14

1
financial institutions, like Bank of America,
2
during that time period, March 2020 through
3
the end of 2020?
4
     A.   During that time period, I don't
5
recall that, no.
6
     Q.   Okay.
7
          Do you know or recall approximately
8
how large those six to eight call centers
9
that you may have consulted with in
10
March 2020 through the end of 2020 were in
11
terms of FTEs, Full Time Equivalents?
12
     A.   Sure.
13
          Most -- most all of them were in
14
the hundreds.  I don't think any were over a
15
thousand.  And that's combined.  It includes,
16
you know, various call centers, some of which
17
include claim call centers in those as well.
18
     Q.   What types of claims?
19
     A.   Well --
20
     Q.   Property casualty claims?
21
     A.   But in this -- in this case, it
22
would have been property casualty claims.
23
That industry utilizes what they call First
24
Notice Of Laws, FNOL, call centers that
Page 61
Veritext Legal Solutions
Calendar-CA@veritext.com 866-299-5127
Case 3:21-md-02992-GPC-MSB     Document 675-3     Filed 02/20/26     PageID.58839 
Page 4 of 14

1
teams, and, so, had to do some ramping up and
2
had to consider strategies to get them
3
through what could have amounted to a
4
one-week, a two-week, possibly even a
5
four-week period to stabilize the volume --
6
to -- to stabilize performance as their
7
capacity caught up and -- and their volume
8
level down.
9
     Q.   Okay.
10
          And did any of those call centers
11
already have any work-from-home arrangements
12
in place for -- for some or all of their --
13
their Customer Service Representatives?
14
     A.   Yeah.
15
          If memory serves me correctly, all
16
of them did.  You know, by 2020 it was fairly
17
common to at least have some people at home,
18
but that doesn't necessarily mean
19
100 percent.  You know, there were a few call
20
centers that had 100 percent, but they were
21
more the exception at that time than the
22
norm.  It was somewhat smaller than 100
23
percent.
24
     Q.   Do you know if that was common in
Page 65
Veritext Legal Solutions
Calendar-CA@veritext.com 866-299-5127
Case 3:21-md-02992-GPC-MSB     Document 675-3     Filed 02/20/26     PageID.58840 
Page 5 of 14

1
2020 for financial institutions or
2
regulated -- regulated Bank's, like Bank of
3
America?
4
     A.   Well, I know certainly some
5
financial institutions -- it depends, you
6
know, what you put in under financial
7
institutions, but, you know, 401K operators,
8
and organizations like that, I know had some
9
work-from-home people.
10
     Q.   How about -- how about national
11
banks, like -- like Bank of America?
12
     A.   Well, again, I -- during that time
13
period, I -- I did not speak to any clients
14
that were in the banking field.  I spoke to
15
clients in, you know, related industries,
16
insurance, and those types of financial
17
organizations.
18
     Q.   Okay.
19
          So turning back to -- to the extent
20
any of your clients had call volume spikes,
21
how -- do you recall how large and how
22
extended those call volumes spikes were, can
23
you give us by days, weeks, months?
24
     A.   So it varied.  I know one client
Page 66
Veritext Legal Solutions
Calendar-CA@veritext.com 866-299-5127
Case 3:21-md-02992-GPC-MSB     Document 675-3     Filed 02/20/26     PageID.58841 
Page 6 of 14

1
that.
2
     Q.   Sure.
3
          Have you ever consulted for a
4
client whose call center experienced a 30 or
5
X increase in call volume and over the course
6
of weeks or -- or months?
7
               MR. JONES:  Objection.  Vague.
8
               THE WITNESS:  So the only
9
          situation that might fit that is if
10
          I was in a call center that had
11
          just started up.  So I -- the
12
          answer is probably, but I -- but I
13
          can't -- I can't recall one at this
14
          point in time.
15
               I know I've dealt with people
16
          that really had no known -- had no
17
          way of knowing, you know, how many
18
          calls may be arriving, so we'd have
19
          to get creative on determining what
20
          the workforce planning strategy
21
          should be.
22
               MR. RIFFEE:  Okay.
23
BY MR. RIFFEE:
24
     Q.   But you haven't consulted with or
Page 114
Veritext Legal Solutions
Calendar-CA@veritext.com 866-299-5127
Case 3:21-md-02992-GPC-MSB     Document 675-3     Filed 02/20/26     PageID.58842 
Page 7 of 14

1
worked with a call center -- an existing call
2
center that experienced a 30 to 40 X increase
3
in call volume over the span of weeks or
4
months, correct?
5
               MR. JONES:  Objection.  Vague.
6
               THE WITNESS:  Yeah, I -- I
7
          believe that to be correct.
8
BY MR. RIFFEE:
9
     Q.   To your knowledge, had you ever
10
managed -- or, I'm sorry.
11
          To your knowledge, have you ever
12
consulted with a client whose call center was
13
specifically being targeted by criminals or
14
fraudsters?
15
               MR. JONES:  Objection.  Vague.
16
               THE WITNESS:  Yeah, I think
17
          many of the call centers I've
18
          consulted with have -- have to deal
19
          with criminals and -- and
20
          fraudsters.
21
BY MR. RIFFEE:
22
     Q.   To your knowledge, have you ever
23
consulted or worked with a client that over
24
the course of -- of months or a year was
Page 115
Veritext Legal Solutions
Calendar-CA@veritext.com 866-299-5127
Case 3:21-md-02992-GPC-MSB     Document 675-3     Filed 02/20/26     PageID.58843 
Page 8 of 14

 
 
     
   
 
 
 
 
 
 
 
 
 
 
 
 
 
          
 
 
 
 
 
 
     
   
 
 
 
 
 
 
     
   
 
 
 
 
 
 
 
 
 
 
 
 
     
   
 
 
 
 
 
 
     
   
 
 
 
 
 
 
 
 
 
 
 
     
   
 
     
   
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
               
 
  
               
 
  
 
 
 
 
Page 193
Veritext Legal Solutions
Calendar-CA@veritext.com 866-299-5127
I 
• 
1111 
I 
I 
1111 
I 
• 
I 
I 
I 
-
I 
I • 
• • 
• 
1111 -
-
1111 
1111 1111 
-
1111• 
-
1111 • 
-
1111 -
1111 
• --···-· 
-
• 
1111----•1111 
• -·-·-· 
• • • . -
• • 
• 
1111•1111----
• 
-
-
1111 1111 
1111 1111 • 
1111• 
. -
• 
1111 -
1111 
. ·-
---
• 
• • • • 
• • • 
--
-•--1111 
-
1111 -
-
1111 
-···· 
Case 3:21-md-02992-GPC-MSB     Document 675-3     Filed 02/20/26     PageID.58844 
Page 9 of 14

 
 
 
          
 
 
 
          
 
 
 
 
          
 
 
 
 
 
 
 
  
 
               
 
 
 
 
 
          
 
 
 
          
 
 
 
 
 
          
 
 
 
 
 
 
m
 
 
 
          
 
 
 
     
   
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
               
 
  
 
 
               
 
  
 
 
 
 
 
 
 
          
 
 
 
 
 
          
 
 
 
 
 
Page 194
Veritext Legal Solutions
Calendar-CA@veritext.com 866-299-5127
I 
--
I 
I 
---
-
I 
1111 -
I 
1111 1111 -
1111 1111 
I 
1111 
■-
I 
I 
--■1111--
I 
■ 
■ 
■ 
-
-
1111 1111 -
■ 
-■ 
I 
1111-
■ 
1111-
■ 
■ 
-
-
■ ■ 1111 
■ 
■ 1111 1111 -
■ 
■-
■ ■-
-1111 
-
■ -
1111 ■ 1111 
■-
■ 
■ 
1111 -
■ 
1111 
■ 
1111 
■ 1111 -
■ 
1111 -
■ ■ 1111 
■ 
-
·--1111 
■ 
1111 
1111 ■ 1111 1111 
Case 3:21-md-02992-GPC-MSB     Document 675-3     Filed 02/20/26     PageID.58845 
Page 10 of 14

1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
C-E-R-T-I-F-I-C-A-T-I-0-N 
I hereby certify that the 
witness was duly sworn in for this 
deposition matter by the Court 
Reporter . 
Mary Hammond 
April 23, 2025 
(The foregoing certification of 
this transcript does not apply to 
any reproduction of the same by any 
means, unless under the direct 
control and/or supervision of the 
Certified Shorthand Reporter . ) 
Veritext Legal Solutions 
Calendar-CA@veritext.com 866-299-5127 
Page 458 
Case 3:21-md-02992-GPC-MSB     Document 675-3     Filed 02/20/26     PageID.58846 
Page 11 of 14

Pa e # 
11 
28 
30 
30 
30 
38 
44 
50 
51 
56 
60 
61 
62 
62 
73 
93 
118 
120 
123 
140 
145 
146 
154 
155 
156 
163 
In re Bank of America California Unemployment Benefits Litigation 
Case No. 3:21-MD-02992-LAB-GPC 
Errata Sheet for April 23, 2025 Deposition of Jay Minnucci 
Line # 
Reason: 
20 
Transcri tion enor 
1 
Transcri tion enor 
7 
Transcri tion enor 
12 
Confo1m to facts 
21 
Transcri tion enor 
22 
Transcri tion enor 
7-8 
Clarification 
8 
Transcription 
en or/ clarification 
1 
Transcription enor 
5 
Clarification 
21 
Transcription 
·eater" 
en or/ clarification 
24 
"Notice of Laws" 
"Notice of Loss" 
Transcri tion Enor 
11 
"cuein " 
" 
,, 
Transcri tion Enor 
21 
"need a brown" 
"need a loan" 
Transcri tion enor 
11 
"financiality" 
"under 
Transcription Enor 
confidentiali ,, 
23 
"keep calls down" 
"keep costs down" 
Transcription 
en or/ clarification 
4 
"!delta" 
"I had" 
Transcri tion Enor 
3 
"four cases lived 
"four cases listed 
Transcription Enor 
here" 
here" 
5 
"Dilbe1i " 
"Daube1i" 
Transcri tion Enor 
13 
Confo1m to facts 
15 
Clarification 
16 
Clarification 
3 
Clarification 
11 
Clarification 
3 
Confo1m to facts 
23-24 
Transcription enor 
1 
Case 3:21-md-02992-GPC-MSB     Document 675-3     Filed 02/20/26     PageID.58847 
Page 12 of 14

Pa e # Line# 
Reason: 
180 
8-11 
Clarification 
188 
21-24 
Clarification 
192 
9 
Transcri tion Enor 
201 
24 
Transcription 
en or/ clarification 
216 
2 
"P-and-C" 
Transcri tion enor 
216 
11 
"P-and-C" 
Transcri tion enor 
232 
7 
--
Transcription 
en or/ clarification 
237 
24 
Clarification 
243 
10 
Clarification 
258 
11 
Transcri tion enor 
260 
14 
Clarification 
275 
7 
Clarification 
281 
4 
Transcription 
en or/ clarification 
330 
2 
Transcri tion enor 
344 
5 
Transcription enor 
354 
18 
Transcri tion Enor 
368 
22 
Clarification 
375 
12 
Transcri tion Enor 
378 
11 
Transcri tion Enor 
378 
15-16 
Transcription Enor 
2 
Case 3:21-md-02992-GPC-MSB     Document 675-3     Filed 02/20/26     PageID.58848 
Page 13 of 14

Pa e # Line # 
Reason: 
379 
8-9 
Transcription Enor 
379 
17 
Transcription Enor 
380 
6 
381 
392 
23 
398 
21 
In accordance with the Federal Rules of Civil Procedure, I have read the entire transcript 
of my testimony. I have listed my changes on the above errata sheet and the reasons for making 
them. I request that these changes be entered as paii of the record of my testimony, and I request 
and authorize that this e1rnta sheet be appended to the transcript of my testimony and be 
inco1porated therein. 
3 
Jay Minnucci 
July 3, 2025 
Case 3:21-md-02992-GPC-MSB     Document 675-3     Filed 02/20/26     PageID.58849 
Page 14 of 14

File and source

File

gov.uscourts.casd.709615.675.3.pdf

Size

689,871 bytes

SHA-256

417e115c18c88d826e0b55926897d1fd97c684073dd471a1f49832a4689b2348

Our copy

gov.uscourts.casd.709615.675.3.pdf

Original

PACER (login required)