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Motion to File Documents Under Seal re: Plaintiffs’ Reply ISO Motion for Class Certification;
Case No. 3:21-md-02992-GPC-MSB
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JOSEPH W. COTCHETT (SBN 36324)
jcotchett@cpmlegal.com
BRIAN DANITZ (SBN 247403)
bdanitz@cpmlegal.com
KARIN B. SWOPE (Pro Hac Vice)
kswope@cpmlegal.com
BLAIR V. KITTLE (SBN 336367)
akirtley@cpmlegal.com
VASTI S. MONTIEL (SBN 346409)
vmontiel@cpmlegal.com
COTCHETT, PITRE & McCARTHY, LLP
840 Malcolm Road, Suite 200
Burlingame, CA 94010
Telephone: (650) 697-6000
Fax: (650) 697-0577
MICHAEL RUBIN (SBN 80618)
mrubin@altber.com
STACEY M. LEYTON (SBN 203827)
sleyton@altber.com
CONNIE K. CHAN (SBN 284230)
cchan@altber.com
KATHERINE G. BASS (SBN 344748)
kbass@altber.com
COLIN C. JONES (SBN 354301)
cjones@altber.com
ALTSHULER BERZON LLP
177 Post Street, Suite 300
San Francisco, CA 94108
Telephone: (415) 421-7151
Fax: (415) 362-8064
Co-Lead Counsel for Plaintiffs and the Proposed Class
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
IN RE BANK OF AMERICA
CALIFORNIA UNEMPLOYMENT
BENEFITS LITIGATION
Case No. 3:21-md-02992-GPC-MSB
MOTION TO FILE DOCUMENTS
UNDER SEAL RE: PLAINTIFFS’
REPLY IN SUPPORT OF MOTION
FOR CLASS CERTIFICATION
Judge: Hon. Gonzalo P. Curiel
Ctrm: 2D (2nd Floor)
This Document Relates to All Actions
Case 3:21-md-02992-GPC-MSB Document 376 Filed 11/21/24 PageID.13922 Page
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Motion to File Documents Under Seal re: Plaintiffs’ Reply ISO Motion for Class Certification;
Case No. 3:21-md-02992-GPC-MSB
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MOTION TO FILE DOCUMENTS UNDER SEAL
Pursuant to Local Rule 79.2 and Section 12.5 of the Stipulated Protective Order
(ECF 82) in this case and the Court’s Civil Pretrial & Trial Procedures, Plaintiffs move to
file under seal (1) portions of Plaintiffs’ Reply in support of Plaintiffs’ Motion for Class
Certification (“Motion”); (2) portions of the Index of Exhibits and Exhibits 158-162, 174,
and 178 attached to the Supplemental Declaration of Connie K. Chan in support of the
Reply (“Supplemental Declaration”); and (3) Exhibits 164-168, 177, 179, and 180-183
attached to the Supplemental Declaration in full.
Plaintiffs tailored this motion pursuant to the guidance provided by the Court’s Order
granting in part and denying in part Motions to Seal materials relating to Plaintiffs’ Motion
for Class Certification (ECF 365), and in compliance with the Stipulated Protective Order
in this case. Portions of documents lodged provisionally under seal designated Confidential
are highlighted yellow and those designated Highly Confidential are highlighted green.
I.
LEGAL STANDARD
There is a strong presumption in favor of public access to court records. Nixon v.
Warner Commc'ns, Inc., 435 U.S. 589, 597 (1978) (“[T]he courts of this country recognize
a general right to inspect and copy public records and documents, including judicial records
and documents.” (cleaned up)); see also Kamakana v. City & Cnty. of Honolulu, 447 F.3d
1172, 1178 (9th Cir. 2006) (“Unless a particular court record is one ‘traditionally kept
secret,’ a ‘strong presumption in favor of access’ is the starting point.”). This presumption
in favor of access is at its strongest when the documents sought to be sealed are “more than
tangentially related to the merits of a case,” such as a class certification motion. Nia v. Bank
of Am., N.A., No. 21-cv-1799-BAS-BGS, 2024 WL 171659, at *2 (S.D. Cal. Jan. 12, 2024).
The party seeking to seal a court record has the burden of “articulat[ing] compelling reasons
[to seal a document] supported by specific factual findings . . . that outweigh the general
history of access and the public policies favoring disclosure, such as the public interest in
understanding the judicial process.” Kamakana, 447 F.3d at 1178-79 (cleaned up).
/ /
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Motion to File Documents Under Seal re: Plaintiffs’ Reply ISO Motion for Class Certification;
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II.
PLAINTIFFS’ IDENTIFYING INFORMATION
The public filing of “sensitive identifying information” could expose individuals to
harm or identity theft, and courts will seal such information. Kamakana, 447 F.3d at 1184;
see also Stiner v. Brookdale Senior Living, Inc., No. 17-cv-03962-HSG, 2022 WL
1180216, at *2 (N.D. Cal. Mar. 30, 2022) (sealing documents with personally identifying
information such as names, emails, and phone numbers).
Here, Plaintiffs seek to seal the following exhibits attached to the Supplemental
Declaration which contain PII and which the Bank has designated Confidential:
• Exhibit 167 (name, card account number, claim number; designated Confidential);
• Exhibit 177 (Bank email with multiple recipients including consumer name and id
number and agent name and PRC ID number; designated Confidential).
Plaintiffs also seek to seal portions of the following exhibits to the Supplemental
Declaration:
• Exhibit 174 (customer names together with card alias ids, Bank agent names
together with PRC ID numbers of agents);
• Exhibit 178 (Visa Account History including cardholder’s address, government ID,
DOB, account number, identification numbers and Visa client number for the Bank).
Courts have also found compelling reasons to seal documents relating to individuals’
private financial information. See Nia v. Bank of Am., N.A., No. 21-cv-1799-BAS-BGS,
2024 WL 171659, at *6 (S.D. Cal. Jan. 12, 2024) (finding compelling reason to seal
document “contain[ing] personal financial information and other sensitive personal
information”).
Plaintiffs thus seek to seal the following exhibits attached to the Supplemental
Declaration, containing supplemental Plaintiff interrogatory responses which Plaintiffs
designated Confidential, that contain critical details about their financial status, including
account balances and other sensitive information:
• Exhibit 181 (Candace Koole Supplemental Interrogatory Responses);
• Exhibit 182 (Lindsay McClure Supplemental Interrogatory Responses);
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• Exhibit 183 (Vanessa Rivera Supplemental Interrogatory Respones).
III.
SENSITIVE BANK INFORMATION
Plaintiffs seek to seal portions of their Reply, the Index of Exhibits, and the
following expert rebuttal reports attached to the Supplemental Declaration: William
Abernathy (Ex. 158), J. Daniel Kreis (Ex. 159), Jane Cloninger (Ex. 160), Jay Minnucci
(Ex. 161), and Greg J. Regan (Ex. 162).
Plaintiffs also seek to seal the following exhibits attached to the Supplemental
Declaration which were designated by the Bank as Confidential and/or Highly
Confidential: Exhibits 164, 165, 166, 167, 168, 179, 180.
These materials contain information the Bank designated as Confidential and/or
Highly Confidential, including material that reflect or analyze the risk of future fraud to
the Bank, pertain to internal analyses of fraud detection strategies, risk competitor
disadvantage to the Bank, refer to testimony by Rule 30(b)(6) witnesses that the Bank has
designated Confidential or Highly Confidential, and refer to materials designated “Highly
Confidential-Attorneys’ Eyes Only” by the Consumer Finance Protection Board (“CFPB”)
and Office of the Comptroller of Currency (“OCC”).
Respectfully submitted,
Dated: November 21, 2024
COTCHETT, PITRE & McCARTHY, LLP
By: /s/ Brian Danitz
JOSEPH W. COTCHETT
BRIAN DANITZ
KARIN B. SWOPE
DAVID G. HOLLENBERG
BLAIR V. KITTLE
VASTI S. MONTIEL
Co-Lead Counsel for Plaintiffs and the
Proposed Class
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Dated: November 21, 2024
ALTSHULER BERZON LLP
By: /s/ Michael Rubin
MICHAEL RUBIN
STACEY M. LEYTON
CONNIE K. CHAN
JAMES BALTZER
KATHERINE G. BASS
COLIN C. JONES
Co-Lead Counsel for Plaintiffs and the
Proposed Class
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SIGNATURE ATTESTATION
Pursuant to section 2(f)(4) of the Electronic Case Filing Administrative Policies and
Procedures Manual, I, Brian Danitz, attest that the other signatories listed, and on whose
behalf this filing is submitted, concur in the filing content and have authorized this filing.
Dated: November 21, 2024
/s/ Brian Danitz
Brian Danitz
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