Court filing
MOTION to File Documents Under Seal (With attachments)(Danitz, Brian) (jmo). **QC… — Bofa Ca Unemployment (Dkt. 630)
No. 3:21-md-02992-GPC-MSB · Doc. 630 · Docket on CourtListener
Summary
Plaintiffs' motion to file documents under seal relating to their opposition to Bank of America, N.A.'s motion for partial summary judgment, filed January 9, 2026 as Doc. 630 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, with a hearing date of April 17, 2026. The plaintiffs ask to seal portions of their opposition brief, exhibit index, statements of facts and many exhibits attached to the Chan Declaration, and their evidentiary objections in full. They cite plaintiffs' personal financial information in supplemental interrogatory responses and material the bank designated Confidential or Highly Confidential, including expert reports, excerpts of depositions of the bank's designees and bank documents. The 9-page motion is signed by Brian Danitz and Michael Rubin.
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Case 3:21-md-02992-GPC-MSB Document 630 Filed 01/09/26 PageID.46688 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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13 UNITED STATES DISTRICT COURT
14 SOUTHERN DISTRICT OF CALIFORNIA
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IN RE BANK OF AMERICA Case No. 3:21-md-02992-GPC-MSB
16 CALIFORNIA UNEMPLOYMENT
BENEFITS LITIGATION MOTION TO FILE DOCUMENTS
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UNDER SEAL RE: PLAINTIFFS’
18 OPPOSITION TO DEFENDANT’S
MOTION FOR PARTIAL SUMMARY
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JUDGMENT
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21 Date: April 17, 2026
This Document Relates to All Actions Time: 1:30 p.m.
22 Judge: Hon. Gonzalo P. Curiel
Ctrm: 2D (2nd Floor)
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Motion to File Documents Under Seal; Case No. 3:21-md-02992-GPC-MSB
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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 (1) portions of Plaintiffs’ Opposition to Defendant’s Motion for Partial
5 Summary Judgment (“MPSJ Opposition”); (2) portions of the Index of PX Exhibits
6 attached to the Declaration of Connie K. Chan in support of the MPSJ Opposition (“Chan
7 Declaration”); (3) portions of Plaintiffs’ Response to Defendant Bank of America, N.A.
8 (the “Bank”) Separate Statement; (4) portions of Plaintiffs’ Additional Statement of Facts
9 in Opposition to MPSJ; (5) Plaintiffs’ Objections to Defendant’s Evidence in Support of
10 MPSJ in full; and (6) portions of PX 1-5, 8-32, 41, 230, 232, and 298 attached to the Chan
11 Declaration; and (7) PX 33, 35, 39, 42-55, 57-116, 118-125, 127-142, 144-154, 156-160,
12 162-208, 213-223, 227-229, 233-257, 259-278, 280-287, 289, and 290-292, 297 attached
13 to the Chan Declaration in full.
14 Plaintiffs tailored this motion pursuant to the guidance provided by the Court’s Order
15 granting in part and denying in part Motions to Seal materials relating to Plaintiffs’ Motion
16 for Class Certification (ECF 365), and in compliance with the Stipulated Protective Order
17 in this case. Portions of documents lodged provisionally under seal designated Confidential
18 are highlighted yellow and those designated Highly Confidential are highlighted green.
19 I. LEGAL STANDARD
20 There is a strong presumption in favor of public access to court records. Nixon v.
21 Warner Commc'ns, Inc., 435 U.S. 589, 597 (1978) (“[T]he courts of this country recognize
22 a general right to inspect and copy public records and documents, including judicial records
23 and documents.” (cleaned up)); see also Kamakana v. City & Cnty. of Honolulu, 447 F.3d
24 1172, 1178 (9th Cir. 2006) (“Unless a particular court record is one ‘traditionally kept
25 secret,’ a ‘strong presumption in favor of access’ is the starting point.”). The party seeking
26 to seal a court record has the burden of “articulat[ing] compelling reasons [to seal a
27 document] supported by specific factual findings . . . that outweigh the general history of
28 access and the public policies favoring disclosure, such as the public interest in
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1 understanding the judicial process.” Kamakana, 447 F.3d at 1178-79 (cleaned up). “‘In
2 general, ‘compelling reasons’ sufficient to outweigh the public’s interest in disclosure and
3 justify sealing court records exist when such ‘court files might have become a vehicle for
4 improper purposes,’ such as the use of records to gratify private spite, promote public
5 scandal, circulate libelous statements, or release trade secrets.” Kamakana, 447 F.3d at
6 1178-79, citing Nixon, 435 U.S. at 598. “[T]he strong presumption of access to judicial
7 records applies fully to dispositive pleadings, including motions for summary judgment
8 and related attachments.” Kamakana, 447 F.3d at 1179.
9 II. PLAINTIFFS’ IDENTIFYING INFORMATION
10 The public filing of “sensitive identifying information” could expose individuals to
11 harm or identity theft, and courts will seal such information. Kamakana, 447 F.3d at 1184;
12 see also Stiner v. Brookdale Senior Living, Inc., 2022 WL 1180216, at *2 (N.D. Cal. Mar.
13 30, 2022) (sealing documents with personally identifying information such as names,
14 emails, and phone numbers). Courts have also found compelling reasons to seal documents
15 relating to individuals’ private financial information. See Nia v. Bank of Am., N.A., No. 21-
16 cv-1799-BAS-BGS, 2024 WL 171659, at *6 (S.D. Cal. Jan. 12, 2024) (finding compelling
17 reason to seal document “contain[ing] personal financial information and other sensitive
18 personal information”).
19 Plaintiffs thus seek to seal the following exhibits attached to the Chan Declaration,
20 containing supplemental Plaintiff interrogatory responses which Plaintiffs designated
21 Confidential, that contain critical details about their financial status, including account
22 balances and other sensitive information:
23 PX 250 Plaintiff Oosthuizen’s Supplemental Objections and Responses to
24 Bank of America, N.A.’s First Set of Interrogatories;
25 PX 251 Plaintiff Koole’s Supplemental Objections and Responses to Bank of
26 America, N.A.’s First Set of Interrogatories;
27 PX 252 Plaintiff Moon’s Supplemental Objections and Responses to Bank of
28 America, N.A.’s First Set of Interrogatories;
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1 PX 255 Plaintiff Kuang Ting Chong’s Supplemental Objections and
2 Responses to Bank of America, N.A.’s First Set of Interrogatories;
3 PX 256 Plaintiff Stephanie Moore’s Supplemental Objections and Responses
4 to Bank of America, N.A.’s First Set of Interrogatories;
5 PX 257 Plaintiff Alex Yuan’s Supplemental Objections and Responses to
6 Bank of America, N.A.’s First Set of Interrogatories;
7 PX 259 Plaintiff Lindsay McClure’s Supplemental Objections and Responses
8 to Bank of America, N.A.’s First Set of Interrogatories;
9 PX 260 Plaintiff Vanessa Rivera’s Supplemental Objections and Responses
10 to Bank of America, N.A.’s First Set of Interrogatories.
11 Plaintiffs also seek to partially seal the following exhibits attached to the Chan
12 Declaration, containing excerpts from the transcripts of Class Plaintiffs, which Plaintiffs
13 designated Confidential pursuant to the stipulated protective order, that contain sensitive
14 personally identifying information and other sensitive information:
15 PX 41 Excerpts from the transcript of Defendant’s deposition of Lindsey
16 McClure, taken on March 12, 2024 (“McClure Dep”);
17 PX 230 Excerpts from the transcript of Defendant’s deposition of Azuri
18 Moon, taken on February 27, 2024 (“Moon Dep”).
19 III. SENSITIVE BANK INFORMATION
20 Plaintiffs seek to seal portions of their MPSJ Opposition, portions of the Index of
21 PX Exhibits, portions of Plaintiffs’ Response to the Bank’s Separate Statement, portions
22 of Plaintiffs’ Additional Statement of Facts in Opposition to MPSJ, Plaintiffs’ Objections
23 to Defendant’s Evidence in Support of MPSJ in full and the following expert reports,
24 deposition transcripts, and documents produced in this litigation attached to the Chan
25 Declaration. These materials contain information the Bank designated as Confidential
26 and/or Highly Confidential, including material that reflect or analyze the risk of future
27 fraud to the Bank, pertain to internal analyses of fraud detection strategies, risk competitor
28 disadvantage to the Bank, refer to testimony by Rule 30(b)(6) witnesses that the Bank has
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1 designated Confidential or Highly Confidential, contain deposition testimony that the Bank
2 has designated as “Confidential” pursuant to the Protective Order, and refer to materials
3 designated “Highly Confidential-Attorneys’ Eyes Only” by the Consumer Finance
4 Protection Board (“CFPB”) and Office of the Comptroller of Currency (“OCC”). This
5 Court has previously found compelling reasons to limit public access to such documents
6 because their disclosure could lead to the use of this information for an improper purpose,
7 such as future fraud, that poses harm not only to the Bank but also to the public. See ECF
8 365, 381; See, also., Xifin, Inc. v. Sunshine Pathways, LLC, 2016 WL 5930313, at *3 (S.D.
9 Cal. Oct. 12, 2016) (J. Curiel) (finding compelling reasons to seal services agreement that
10 contained detailed information about pricing structure, nature of services, system security
11 requirements, and how to use the cloud-based billing system “that could expose Plaintiff
12 to a competitive disadvantage if revealed”); Brady v. Grendene USA, Inc., 2015 WL
13 6828400, at *3 (S.D. Cal. Nov. 6, 2015) (J. Curiel) (sealing confidential business
14 information that might harm the litigants’ competitive standing including profit and loss
15 data and contractual agreements).
16 Expert Reports
17 Plaintiffs seek to seal the following exhibits attached to the Chan Declaration, which
18 contain information designated by the Bank as Confidential and/or Highly Confidential
19 under the stipulated protective order:
20 PX 1 Expert Report of J. Daniel Kreis and appendices thereto;
21 PX2 Expert Report of Jane Cloninger and appendices thereto;
22 PX 3 Expert Report of Jay Minnucci and appendices thereto;
23 PX 4 Expert Report of William J. Abernathy, Jr. and appendices thereto;
24 PX 5 Expert Report of Greg J. Regan, CPA/CFF, CFE and appendices thereto
25 PX 6 Expert Report of David I. Levine and appendices thereto;
26 PX 7 Expert Report of Chloe N. East and appendices thereto;
27 PX 8 Expert Rebuttal Report of J. Daniel Kreis and appendices thereto;
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1 PX 9 Expert Rebuttal Report of William J. Abernathy, Jr. and appendices
2 thereto;
3 PX 10 Expert Rebuttal Report of Natalie Loebner and appendices thereto;
4 PX 11 Expert Rebuttal Report of Jane Cloninger and appendices thereto;
5 PX 263 Expert Report of Greg J. Regan in Support of Plaintiffs’ Motion for
6 Class Certification, and appendices thereto dated August 29, 2024.
7 Excerpts from 30(b)(6) Deposition Transcripts
8 Plaintiffs also seek to seal the following exhibits attached to the Chan Declaration,
9 which contain excerpts the Bank designated as Confidential and/or Highly Confidential
10 under the stipulated protective order:
11 PX 12 Excerpts from the transcript of Plaintiffs’ deposition of the Bank’s Rule
12 30(b)(6) designee, Shane Daniels, taken on February 6, 2024 (“Daniels Dep”);
13 PX 13 Excerpts from the transcript of Plaintiffs’ deposition of the Bank’s Rule
14 30(b)(6) designee, Robert Chestnut, taken on February 8, 2024 (“Chestnut
15 Dep”);
16 PX 14 Excerpts from the transcript of Plaintiffs’ deposition of the Bank’s Rule
17 30(b)(6) designee, William (“Matt”) Martin, taken on February 14, 2024
18 (“Martin Dep”);
19 PX 15 Excerpts from the transcript of Plaintiffs’ deposition of the Bank’s Rule
20 30(b)(6) designee, Michael Letson, taken on February 16, 2024 (“Letson
21 Dep”);
22 PX 16 Excerpts from the transcript of Plaintiffs’ deposition of the Bank’s Rule
23 30(b)(6) designee, William Golden, taken on February 22, 2024 (“Golden
24 Dep”);
25 PX 17 Excerpts from the transcript of Plaintiffs’ deposition of the Bank’s Rule
26 30(b)(6) designee, Jennifer Lennon, taken on February 23, 2024 (“Lennon
27 Dep”).
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1 Excerpts from the Deposition Transcripts of the Bank’s witnesses
2 Plaintiffs also seek to seal the following exhibits attached to the Chan Declaration,
3 which contain excerpts the Bank has designated as Confidential and/or Highly Confidential
4 under the stipulated protective order: PX 18-28.
5 Excerpts from the Deposition Transcripts of the Plaintiffs’ Experts
6 Plaintiffs also seek to seal the following exhibits attached to the Chan Declaration,
7 which contain excerpts the Bank has designated as Confidential and/or Highly Confidential
8 under the stipulated protective order: PX 232.
Excerpts from the Deposition Transcripts of the Bank’s Experts
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Plaintiffs seek to seal the following exhibits attached to the Chan Declaration, which
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contain excerpts the Bank has designated as Confidential and/or Highly Confidential under
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the stipulated protective order: PX 30-32.
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The Bank Responses and Objections to Plaintiff Yick’s Discovery Requests
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Plaintiffs also seek to seal the following exhibits, which include the Bank’s
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Responses and Objections to Plaintiff Yick’s discovery requests and excerpts of exhibits
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attached thereto to the Chan Declaration, designated by the Bank as Confidential and/or
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Highly Confidential under the stipulated protective order: PX 72, 93, 139, 145, 204, 205,
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261, 284, 290.
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Documents Produced by the Bank
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Plaintiffs further seek to seal the following exhibits, which were designated by the
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Bank as Confidential and/or Highly Confidential under the stipulated protective order: PX
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34, 35, 39, 42-55, 57, 58, 59-71, 73-92, 94-116, 118-125, 127-138, 140-142, 144, 146-
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154, 156-160, 162-203, 206-208, 213-223, 227-229, 233-249, 253-254, 262, 264-278, 280-
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283, 285-287, 289, 292, 297.
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Additional Sensitive Bank Documents and Information
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Plaintiffs further seek to seal the following exhibits, which contain material
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designated by the Bank as Confidential and/or Highly Confidential under the stipulated
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protective order: PX 29, 33, 298.
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1 Respectfully submitted,
2 Dated: January 9, 2026 COTCHETT, PITRE & McCARTHY, LLP
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By: /s/ Brian Danitz
4 JOSEPH W. COTCHETT
BRIAN DANITZ
5 KARIN B. SWOPE
BLAIR V. KITTLE
6 VASTI S. MONTIEL
CAROLINE A. YUEN
7 REGINA WANG
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Dated: January 9, 2026 ALTSHULER BERZON LLP
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10 By: /s/ Michael Rubin
MICHAEL RUBIN
11 STACEY M. LEYTON
CONNIE K. CHAN
12 JAMES BALTZER
KATHERINE BASS
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Co-Lead Counsel for Plaintiffs and
14 the Class
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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 9, 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 8
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