BANA - EDD MDL - Brys Decl. ISO Opp to Pls Ex Parte re Oversized Reply

Source document: BANA - EDD MDL - Brys Decl. ISO Opp to Pls Ex Parte re Oversized Reply; document type: Attorney declaration.

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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

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. 3:21-MD-02992-GPC-MSB
DECLARATION OF LAURA G.
BRYS IN SUPPORT OF
DEFENDANT’S OPPOSITION TO
PLAINTIFFS’ MOTION FOR
CLASS CERTIFICATION

Case 3:21-md-02992-GPC-MSB     Document 370-1     Filed 11/19/24     PageID.13778
Page 1 of 3

BRYS DECL. ISO OPP. TO OVERSIZED
REPLY
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CASE NO. 21-MD-02992-GPC-MSB

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I,
Laura Brys, state and declare as follows:
1.
I am an attorney licensed to practice before this Court.
2.
I am a senior attorney at Goodwin Procter LLP, attorneys of record for
Defendant BANK OF AMERICA, N.A. (“BANA”) in this action.
3.
I make this declaration in support of Defendant’s Opposition to
Plaintiff’s Ex Parte Application (the “Application”) to File a 30-Page Reply Brief.  I
have personal knowledge of the matters set forth in this Declaration and/or upon a
review of non-privileged records kept by Goodwin Procter LLP in the regular course
of its business, and if called upon to do so, I could and would testify competently to
same.
4.
On February 28, 2024, counsel for BANA sent an email to Plaintiffs’
counsel, proposing page limits of thirty-five pages for the class certification motion
and opposition, and fifteen pages for reply.  Alternatively, in that email, counsel for
BANA stated that BANA would not oppose a request for forty-five pages for the
motion and opposition, and twenty pages for reply (the “Agreed Limits”).  The
parties, thus, agreed nine months ago to the Agreed Limits.
5.
On July 24, 2024, Plaintiffs’ counsel sent an email “following up on our
prior agreement regarding page limits” and emailed a draft Joint Motion to expand
page limits for the class certification briefs to the Agreed Limits (45-45-20) from
February.  Plaintiffs’ counsel then filed the Joint Motion, which the Court entered,
with BANA’s consent.
6.
On October 28, 2024, Plaintiffs’ counsel sent an email stating that
Plaintiffs intended to seek a two-week extension of their class certification reply
deadline.
7.
On October 29, 2024, counsel for BANA responded, requesting a copy
of the proposed motion and grounds for requesting an extension to assess whether
BANA can consent to Plaintiffs’ request.  Plaintiffs never provided a copy of the
Case 3:21-md-02992-GPC-MSB     Document 370-1     Filed 11/19/24     PageID.13779
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BRYS DECL. ISO OPP. TO CLASS CERT
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CASE NO. 21-MD-02992-GPC-MSB

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motion or grounds for the extension of time.
8.
On November 18, 2024 at 8:28 p.m., Plaintiffs’ counsel advised BANA
via email that they intended to seek a 10-page expansion of page limits for their reply
brief.
9.
On November 19, 2024 at 10:55 a.m., counsel for BANA advised
Plaintiffs’ counsel via email that BANA opposed their requested relief.
10.
The parties had agreed to the 45-45-20 Agreed Limits since February
2024.  We do not believe good cause exists to expand the Agreed Limits based on
Plaintiffs’ Application.

I declare under the penalty of perjury that the foregoing is true and correct.
Executed on this 19th day of November, 2024.

By:
s/ Laura G. Brys

LAURA G. BRYS

Case 3:21-md-02992-GPC-MSB     Document 370-1     Filed 11/19/24     PageID.13780
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