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DECLARATION OF MICHAEL RUBIN IN SUPPORT OF JOINT MOTION FOR LEAVE TO
APPEAR BY ZOOM AT MARCH 28 STATUS CONFERENCE AND HEARING ON
DEFENDANT’S MOTION TO STAY
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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)
bkittle@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
SAN DIEGO DIVISION
IN RE BANK OF AMERICA
CALIFORNIA UNEMPLOYMENT
BENEFITS LITIGATION
This Document Relates to All Actions
Case No. 3:21-md-02992-GPC-MSB
DECLARATION OF MICHAEL
RUBIN IN SUPPORT OF JOINT
MOTION FOR LEAVE TO APPEAR
BY ZOOM AT MARCH 28 STATUS
CONFERENCE AND HEARING ON
DEFENDANT’S MOTION TO STAY
Hearing Date: March 28, 2025
Time: 1:30 p.m.
Courtroom: 2D, Second Floor
Judge: Hon. Gonzalo P. Curiel
Case 3:21-md-02992-GPC-MSB Document 442-1 Filed 03/26/25 PageID.25753
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3:21-md-02992-GPC-MSB
DECLARATION OF MICHAEL RUBIN IN SUPPORT OF JOINT MOTION FOR LEAVE TO
APPEAR BY ZOOM AT MARCH 28 STATUS CONFERENCE AND HEARING ON
DEFENDANT’S MOTION TO STAY
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I, Michael Rubin, hereby declare as follows:
1.
I am an attorney licensed to practice law in the State of California. I am a
partner in the law firm of Altshuler Berzon LLP, and am co-lead counsel for Plaintiffs
and the proposed class in this matter.
2.
I submit this declaration in support of this joint motion to have the
upcoming status conference and hearing on Defendant’s Motion to Stay Pending
Supreme Court Review conducted solely by Zoom.
3.
I have long been planning to present the argument for Plaintiffs on the
Bank’s motion.
4.
Plaintiffs’ counsel had previously understood the docket entry at ECF 423
to indicate that both the status conference and hearing on Defendant’s stay motion
would be conducted via Zoom on March 28. Upon receiving the Court’s March 24,
2025 order regarding the March 28 in-person hearing, Plaintiffs’ counsel realized they
had misconstrued the prior docket entry.
5.
Unfortunately, I am unable to travel to San Diego for an in-person hearing
on March 28, 2025 due to a medical appointment and other scheduling conflicts that
day.
6.
On March 24, 2025, shortly after reviewing the Court’s order regarding the
in-person hearing, I reached out to Defendant’s counsel and asked whether they would
oppose Plaintiff’s request to have both the status conference and the hearing on the
Bank’s motion conducted by Zoom. The Bank’s lead counsel, Jim McGarry, responded
that, as a personal accommodation to me, the Bank would not oppose Plaintiffs’ request
for leave to conduct the hearing on the Bank’s motion exclusively by Zoom.
7.
I then reached out to the Court’s courtroom deputy, Andrew Sacco, to
request that both the status conference and the hearing on the Bank’s motion be
conducted by Zoom. Mr. Sacco responded on March 25, 2025 at 8:44 a.m. and advised
the parties to make this request by way of a joint motion.
Case 3:21-md-02992-GPC-MSB Document 442-1 Filed 03/26/25 PageID.25754
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DECLARATION OF MICHAEL RUBIN IN SUPPORT OF JOINT MOTION FOR LEAVE TO
APPEAR BY ZOOM AT MARCH 28 STATUS CONFERENCE AND HEARING ON
DEFENDANT’S MOTION TO STAY
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8.
I was not able to bring a fully noticed motion as the circumstances giving
rise to this request arose outside the requisite time frame to bring a regularly noticed
motion.
I declare under penalty of perjury under the laws of the United States that the
foregoing is true and correct. Executed on this 26th day of March 2025, at Berkeley,
California.
/s/ Michael Rubin
MICHAEL RUBIN
Case 3:21-md-02992-GPC-MSB Document 442-1 Filed 03/26/25 PageID.25755
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