ORDER Resetting Mandatory Settlement Conference.… — Bofa Ca Unemployment (Dkt. 712)

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U.S. District Court for the Southern District of California · No. 3:21-md-02992-GPC-MSB · Doc. 712 · 2026-05-21 · Docket on CourtListener

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UNITED STATES DISTRICT COURT 
SOUTHERN DISTRICT OF CALIFORNIA 
 
IN RE: BANK OF AMERICA CALIFORNIA 
UNEMPLOYMENT BENEFITS LITIGATION 
 
Case No.:  21md2992-GPC (MSB) 
 
ORDER RESETTING MANDATORY 
SETTLEMENT CONFERENCE 
 
 
After conferring with counsel of record for the parties, the Court RESETS the 
Mandatory Settlement Conference to May 21, 2026, at 9:30 a.m., in the chambers of 
Magistrate Judge Michael S. Berg located at 221 West Broadway, second floor, San 
Diego, CA 92101.  Upon arrival, parties should check in with Judge Berg’s chambers 
using the callbox located by the second-floor elevators.  All discussions at the 
Mandatory Settlement Conference will be informal, off-the-record, privileged, and 
confidential.  Counsel for any non-English speaking party is responsible for arranging for 
the appearance of an interpreter at the conference. 
1. 
Personal Appearance of Parties Required:  All named parties, party 
representatives, claims adjusters for insured defendants, and the principal attorney(s) 
responsible for the litigation, must be present in person and prepared to discuss and 
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resolve the case.1  Counsel appearing without their clients (whether or not counsel has 
been given settlement authority) will be cause for immediate imposition of sanctions 
and may also result in the immediate termination of the conference. 
2. 
Full Settlement Authority Required:  A party or party representative 
with full settlement authority must be present at the conference.  Retained outside 
corporate counsel must not appear on behalf of a corporation as the party 
representative who has the authority to negotiate and enter into a settlement.  A 
government entity may be excused from this requirement so long as the government 
attorney who attends the Mandatory Settlement Conference has (1) primary 
responsibility for handling the case, and (2) authority to negotiate and recommend 
settlement offers to the government official(s) having ultimate settlement authority. 
 
3. 
Confidential Settlement Statements Required:  By 
May 14, 2026, the parties shall submit directly to Magistrate Judge Berg’s chambers (via 
hand delivery or by e-mail to the Court at efile_berg@casd.uscourts.gov), confidential 
settlement statements.  The statements are limited to ten (10) pages, plus an additional 
ten (10) pages of exhibits.  Each party’s settlement statement must outline (1) 
significant facts established during discovery and the effect these facts have on the 
issues in the case; (2) counsel’s insights regarding how best to reach settlement; (3) a 
specific demand/offer for settlement; and (4) any previous settlement negotiations or 
mediation efforts.  The Mandatory Settlement Conference statement must not merely 
repeat what was contained in the Early Neutral Evaluation brief or any earlier 
settlement brief.  To the extent specific discovery responses, portions of deposition 
testimony, or expert reports are pertinent to the Court’s evaluation of the matter, these 
documents must be attached as exhibits.  Evidence supporting or refuting either party’s 
claim for damages must also be identified and included as an exhibit.  A general 
 
1 Because the proceedings are stayed as to the Individual Plaintiffs [ECF No. 506], the Individual 
Plaintiffs and their counsel are EXCUSED from the Mandatory Settlement Conference.   
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statement, such as a party will “negotiate in good faith,” is not a specific demand or 
offer.  The settlement statement should be submitted confidentially and need not be 
shared with other parties.   
4. 
Requests to Continue a Mandatory Settlement Conference:   
Any request to continue the Mandatory Settlement Conference, or request for relief 
from any of the provisions or requirements of this Order, must be sought by a written 
application.  Absent good cause, requests for continuances will not be considered 
unless submitted in writing no fewer than seven (7) calendar days prior to the 
scheduled conference. 
If the case is settled in its entirety before the scheduled date of the conference, 
counsel and any unrepresented parties must still appear in person, unless a written 
joint notice confirming the complete settlement of the case is filed no fewer than 
twenty-four (24) hours before the scheduled conference. 
IT IS SO ORDERED. 
Dated:  March 12, 2026 
 
 
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