Discovery, and Motion

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
SAN DIEGO DIVISION
IN RE: BANK OF AMERICA
CALIFORNIA UNEMPLOYMENT
BENEFITS LITIGATION
Case No. 21-md-02992-LAB

ORDER:
1) SETTING STATUS
CONFERENCE;
2) REQUIRING STATUS
REPORT;
3) ESTABLISHING
PROCEDURES FOR FILING
AND DOCKETING;
4) ASSIGNING MAGISTRATE
JUDGE; and
5) STAYING DEADLINES,
DISCOVERY, AND MOTION
PRACTICE

 Pursuant to 28 U.S.C. § 1407, the Judicial Panel on Multidistrict Litigation
(“JPML”) has transferred to this Court certain civil actions from multiple districts
involving one or more common questions of fact for coordinated and consolidated
pretrial proceedings. (ECF No. 1.)
The Court will hold a Status Conference in this matter on July 19, 2021 at
11:30 a.m. in Courtroom 14A in the James M. Carter and Judith N. Keep United
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States Courthouse at 333 West Broadway, San Diego, CA 92101. At the Status
Conference, the Court will discuss with counsel the status of these cases in addition
to the following issues:
A. The proposed organizational structure governing each group of parties
whose interests are similarly aligned, including the appointment of lead,
liaison, and/or coordinating counsel. In this regard:
1) Counsel for each Plaintiff should immediately confer to discuss a
proposed organizational structure and the selection of a plaintiffs’
steering committee (“PSC”) and lead, liaison, and/or coordinating
counsel. If an agreement can be reached, plaintiffs’ counsel must
submit a recommended organizational structure and list of the
selected lead, liaison, and/or coordinating counsel and the PSC
members no later than July 6, 2021. Alternatively, if an agreement
cannot be reached, the Court will determine a process and set a
timeline for selection of the PSC and lead, liaison, and/or
coordinating counsel at the Status Conference.
2) The duties and responsibilities of the PSC will be set by the Court
in a future order.
B. Whether a master consolidated complaint or complaints will help
facilitate or focus this case for dispositive motions and/or for trial. Any
such master consolidated complaint should omit pendent state claims.
C. Suggestions on the content and timing for submission of a proposed
Case Management Order (“CMO”).
D. Counsel’s proposed schedule for resolution of future dispositive
motions.
In the interim, the Court ORDERS:
A. Counsel for defendants must prepare and file a joint list of all related
cases pending in state or federal court that have not yet joined this MDL
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matter and, to the extent known, the status of those cases. This list must
be submitted no later than July 6, 2021. Counsel for the defendants must
also promptly notify plaintiffs’ counsel in the cases not joined of this
pending Status Conference.
B. Any party may submit proposed agenda items for the July 19, 2021
Status Conference by filing a list of such items no later than
July 6, 2021. Any such list must not exceed two pages, without
attachments, and must consist of bullet point items, without argument
or legal analysis, reasoning, or justification.
C. All attorneys of record for parties who appeared in the transferor court
prior to transfer of this MDL need not enter an additional appearance
before this Court. Counsel who did not appear in a related action prior
to the consolidation and who are not a member of the Bar of this Court
may be admitted pro hac vice upon the proper filings with the Clerk of
the Court as provided by the Local Rules of this District. An attorney
admitted pro hac vice for the MDL shall be admitted pro hac vice for
all member cases without the need for further pro hac vice motions or
fees. All counsel are expected to familiarize themselves with prior court
orders and proceedings from this Court, as well as the Local Rules of
the Southern District of California (https://www.casd.uscourts.gov/
assets/pdf/rules/2021.03.24%20Local%20Rules.pdf).
D. All the parties shall comply with the Electronic Case Filing (“ECF”)
Administrative Policies and Procedures Manual for this District
(https://www.casd.uscourts.gov/ assets/pdf/attorney/Electronic%20Ca
se%20Filing%20Procedures%20Manual.pdf)
for
all
documents
submitted for filing before this Court. Service through ECF shall be
deemed sufficient with no additional service required. Additionally, the
Court establishes the following procedure for filing and docketing:
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1) Case No. 21-MD-2992 is designated as the lead case for all
related California unemployment benefits claims against Bank of
America.
2) All filings related to the MDL that are generally applicable to all
related cases are to be filed only in the lead case, 21-MD-2992.
Non-exhaustive examples include discovery disputes and
scheduling motions.
3) Filings that are specific to an individual plaintiff and that are not
generally applicable to the MDL proceedings are to be filed only
in the individual case assigned at filing. Non-exhaustive examples
include joint or unopposed motions to file an amended complaint
and motions to substitute plaintiff.
4) As of the date of this order, all new complaints involving
unemployment claims against Bank of America must be filed
individually and given their own individual case number at the
time of filing. Counsel must indicate at the time of filing that such
complaints are related to 21-MD-2992.
5) Minute entries for hearings generally applicable to all
proceedings (e.g., motion hearings, status and case management
conferences) will be docketed in the lead case, 21-MD-2992.
6) Minute entries for hearings that are not generally applicable will
only be docketed in the individual case only, and not as part of
the lead case.
7) Court orders that are generally applicable to all MDL cases will
be docketed in the designated lead case only. No other
generally applicable orders will be docketed in the individual
cases following issuance of this order.
8) Court orders that are applicable only to an individual plaintiff will
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be docketed in the individual case only.
9) Counsel not already associated with Case No. 21-MD-2992 are
instructed file a notice of appearance in the lead case and the
appropriate individual case(s).
E. All deadlines (including but not limited to those for responsive
pleadings), all discovery, and all motion practice are STAYED until
after entry of the CMO.
F. All parties shall take reasonable steps to preserve documents and other
records, including electronic documents, containing information
potentially relevant to the subject matter of this litigation.
G. Counsel may appear at the July 19, 2021 Status Conference in person or
by telephone. The parties and party representatives need not participate.
If counsel wish to participate by telephone, they must confer with other
counsel of record and create an agreed-upon plan to set up a conference
call to accommodate all interested counsel and circulate that plan among
all known counsel. This plan and a list of all counsel participating by
telephone must be submitted to the Court no later than July 6, 2021.
Finally, the Court assigns Judge Michael S. Berg to serve as the magistrate
judge on the MDL and all member cases.

IT IS SO ORDERED.

Dated: June 15, 2021

Hon. Larry Alan Burns
United States District Judge

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