BANA EDD - Anderson Decl. ISO Opposition to Plaintiffs' Objections to ESI Order

Summary

Declaration of Dustin Anderson, executed May 31, 2024 and filed as Document 287-2 in In re Bank of America California Unemployment Benefits Litigation, Case No. 21-MD-02992-GPC-MSB, U.S. District Court for the Southern District of California, in support of the bank's opposition to plaintiffs' objections to the magistrate judge's April 24, 2024 discovery order. Anderson, a Bank of America senior vice president in eDiscovery Legal, states that the bank has produced more than 275,000 documents and that its vendor hired more than 400 contract reviewers and expended $7.150 million to date. He says the bank is reviewing electronic documents from three more senior executives, with vendor estimates of $150,000 to $210,000, and that plaintiffs seek two more custodians, estimated at $135,000 to $170,000.

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ANDERSON DECL. ISO OPP. TO OBJS. AND MOT.

CASE NO. 21-MD-02992-GPC-MSB
TO REV. DISCOVERY ORDER
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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

YVONNE W. CHAN (pro hac vice)
YChan@jonesday.com
JONES DAY
100 High Street
Boston, MA  02110
Tel.: +1 617 960 3939
Fax: +1 617 449 6999
Attorneys for Defendant
BANK OF AMERICA, N.A.

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-GPC-MSB
DECLARATION OF DUSTIN
ANDERSON IN SUPPORT OF
DEFENDANT’S OPPOSITION TO
PLAINTIFFS’ OBJECTIONS TO
AND MOTION TO REVERSE IN
PART MAGISTRATE JUDGE’S
APRIL 24, 2024 DISCOVERY
ORDER

Date:
July 19, 2024
Time:
1:30 p.m.
Ctrm:
2D
Judge:
Hon. Gonzalo P. Curiel
Case 3:21-md-02992-GPC-MSB     Document 287-2     Filed 05/31/24     PageID.2961     Page
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ANDERSON DECL. ISO OPP. TO OBJS. AND MOT.
CASE NO. 21-MD-02992-GPC-MSB
TO REV. DISCOVERY ORDER
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Filed/Lodged Concurrently with:
1. Mem. of Points and Auth. ISO
Opp. to Obj. and Mot. to Rev.
Discovery Order
2. Declaration of Michelle L. Briggs
Case 3:21-md-02992-GPC-MSB     Document 287-2     Filed 05/31/24     PageID.2962     Page
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ANDERSON DECL. ISO OPP. TO OBJS. AND MOT.

CASE NO. 21-MD-02992-GPC-MSB
TO REV. DISCOVERY ORDER

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I, Dustin Anderson, state and declare as follows:
1.
I am employed by Bank of America, N.A. (“BANA”) as Senior Vice
President and Group Operations Manager within eDiscovery Legal.  In my role, my
responsibilities include overseeing Electronic Discovery data collection requests.
2.
I have personal knowledge of the facts stated herein 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’
Objections to and Motion to Reverse in Part Magistrate Judge’s April 24, 2024
Discovery Order.
4.
In connection with the parties’ previous agreement regarding ESI
discovery and the Court’s direction, BANA has produced more than 275,000
documents to date.
5.
To complete the prior ESI review in compliance with the schedule set
by the Court, BANA’s ESI discovery vendor hired more than 400 contract reviewers
and expended $7.150 million to date in the processing, hosting, review, redaction,
production and privilege log costs.  This does not include outside counsel expenses.
6.
BANA is  currently in the process of reviewing and producing ESI from
three additional senior executive custodians, including BANA’s former Chief
Operations and Technology Officer, Catherine Bessant, BANA’s President of
Regional Banking, Dean Athanasia, and BANA’s Head of Client Services and Credit
Assistance, Christine Channels.
7.
BANA requested cost estimates from its ESI vendor, Consilio, for the
total vendor costs, including processing, hosting, review, redaction, production and
privilege log costs, associated with ESI discovery from these three custodians.
8.
I understand from counsel that, among other things, Plaintiffs in this
litigation continue to seek ESI from two additional top executive custodians,
including BANA’s CEO Brian Moynihan and former President of Global Banking
Case 3:21-md-02992-GPC-MSB     Document 287-2     Filed 05/31/24     PageID.2963     Page
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ANDERSON DECL. ISO OPP. TO OBJS. AND MOT.

CASE NO. 21-MD-02992-GPC-MSB
TO REV. DISCOVERY ORDER

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and Markets and COO Thomas Montag.
9.
BANA also requested cost estimates Consilio for the total vendor costs,
including processing, hosting, review, redaction, production and privilege log costs,
associated with ESI discovery from these two custodians.
10.
For purposes of preparing the requested estimates, BANA instructed
Consilio to consider BANA’s preliminary review of Bessant, Athanasia, and
Channels’ ESI identified by BANA’s reasonable search terms.  Based on this
preliminary review, BANA anticipates a smaller review population than for prior
custodians—both due to de-duplication and fewer documents identified by search
terms—and fewer documents to redact and log for privilege than for prior custodians.
11.
Based on these considerations, Consilio estimates a cost of between
$150,000 and $210,000 to perform the hosting, review, redactions, productions and
privilege logs associated with ESI from Bessant, Athanasia, and Channels.
12.
Based on these considerations, Consilio estimates a cost of between
$135,000 and $170,000 to perform the hosting, review, redactions, productions and
privilege logs associated with ESI from Moynihan and Montag.

I declare under penalty of perjury under the laws of the United States that the
foregoing is true and correct.  Executed on May 31, 2024, in Charlotte, North
Carolina.

By:
DUSTIN ANDERSON

Case 3:21-md-02992-GPC-MSB     Document 287-2     Filed 05/31/24     PageID.2964     Page
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