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UNOPPOSED MOTION TO SEAL CLASS
CASE NO. 21-MD-02992-GPC-MSB
CERTIFICATION 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
Attorneys for Defendant
BANK OF AMERICA, N.A.
[ADDITIONAL COUNSEL LISTED IN
SIGNATURE BLOCK]
UNITED STATED 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
DEFENDANT’S UNOPPOSED
MOTION TO SEAL PORTIONS OF
CLASS CERTIFICATION ORDER
Ctrm: 2D – 2nd Floor
Judge: Hon. Gonzalo P. Curiel
Case 3:21-md-02992-GPC-MSB Document 495 Filed 06/20/25 PageID.29057 Page
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UNOPPOSED MOTION TO SEAL CLASS
CASE NO. 21-MD-02992-GPC-MSB
CERTIFICATION ORDER
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PLEASE TAKE NOTICE that, pursuant to Local Civil Rule 79.2(c),
Defendant Bank of America, N.A. (“Defendant” or “BANA”) hereby submits this
Unopposed Motion to Seal Portions of the Class Certification Order as set forth in
the concurrently lodged under seal Exhibit A to this Motion. In particular, BANA
seeks to seal, and Plaintiffs do not oppose the sealing of, portions of the Order
Granting
Plaintiffs’
Motion
for
Class
Certification;
Appointing
Class
Representatives; and Appointing Co-Lead Counsel dated June 16, 2025 (the “Order”)
because compelling reasons support sealing of those portions of the Order.
Pursuant to the Court’s direction, the Parties met and conferred regarding
which portions of the Order are confidential and warrant sealing, and the Parties have
agreed on the portions of the Order that are confidential and should remain sealed.
Those portions that the Parties propose sealing are highlighted in the concurrently
lodged Exhibit A.
As previously stated in BANA’s motions to seal submitted in connection with
class certification briefing, the public’s right to inspect and copy judicial records is
not absolute, and a party faced with the disclosure of confidential or proprietary
information may seek to file the documents under seal to avoid disclosure of business
information that might result in competitive harm or be used for improper purposes.
See Nixon v. Warner Commc’ns, Inc., 435 U.S. 589, 598 (1978) (denying disclosure);
Local Civ. R. 79.2(c). Accordingly, the Parties filed various motions to seal (the
“Motions to Seal,” ECF Nos. 328, 337, 344, 347, 376, 383, 384, 394) certain
documents (or portions thereof) in connection with briefing on Plaintiffs’ Motion for
Class Certification (ECF Nos. 324, 349, 378). The Court largely granted those
Motions to Seal, finding compelling reasons to seal documents concerning BANA’s
fraud detection and prevention policies and strategies, BANA’s analyses of claims
fraud and potential strategies to combat that fraud, and BANA’s Remediation Plans
with the regulators and documents showing BANA’s implementation of those Plans,
among other categories of confidential information. See ECF Nos. 365, 381, 390,
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UNOPPOSED MOTION TO SEAL CLASS
CASE NO. 21-MD-02992-GPC-MSB
CERTIFICATION ORDER
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391, 397 (the “Sealing Orders”).
Consistent with the Court’s Sealing Orders, there are compelling reasons to
seal portions of the Order at issue here, which reflect topics that are likely to cause
particularized competitive harm to BANA and which could potentially enable future
fraud, and thus pose a danger to BANA’s business and the public. See, e.g., East
West Bank v. Shanker, 2021 WL 3112452, at *18-19 (N.D. Cal. July 22, 2021)
(finding compelling reasons to seal where public disclosure of EWB’s confidential
onboarding processes, verification of customer identities and fraud prevention
measures would “harm [the bank’s] competitive standing”); Soria v. U.S. Bank N.A.,
2019 WL 8167925, at *4 (C.D. Cal. Apr. 25, 2019) (finding compelling reasons to
seal bank’s internal procedures for investigating fraud because there was a
“significant danger that someone could improperly use this information to commit
fraud and avoid detection”).
The portions of the Order that BANA seeks to seal reflect information derived
from previously sealed documents (or portions thereof), that pertain to: confidential
BANA fraud prevention strategies and policies; BANA’s fraud and claims analyses;
BANA’s call center operations and strategies; BANA’s confidential discussions or
analyses of its state prepaid unemployment program operations, including but not
limited to, fraud volume, claims and call center operations, operational risks and
losses, and approval of fraud strategies; BANA’s Remediation Plans with the
regulators and its implementation of those Plans; and BANA’s interrogatory
responses and data reflecting certain populations of cardholders subject to BANA’s
remediation efforts. Each of those documents was designated Confidential or Highly
Confidential – Attorneys’ Eyes Only by BANA, and in the case of the Remediation
Plans, by the regulators as well. And each of those documents or potions thereof
have already been sealed by the Court based on a finding of compelling reasons. See
ECF 365, 381, 390, 391, 397; see also ECF Nos. 344-1, 344-2, 344-3, 347-1, 347-2.
For the foregoing reasons and for the reasons set forth in the Court’s Sealing
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UNOPPOSED MOTION TO SEAL CLASS
CASE NO. 21-MD-02992-GPC-MSB
CERTIFICATION ORDER
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Orders in connection with class certification briefing (ECF Nos. 365, 381, 390, 391,
397), Plaintiffs’ Motions to Seal (ECF Nos. 376, 384, 394), BANA’s prior Motions
to Seal (ECF Nos. 328, 337, 344, 347, 383) and accompanying declarations submitted
in support (ECF Nos. 344-1, 344-2, 344-3, 347-1, 347-2), and the argument presented
at the hearing on Plaintiffs’ Motion for Class Certification, all of which are
incorporated herein by reference, BANA respectfully requests that the Court grant
Defendant’s Unopposed Motion to Seal Portions of the Class Certification Order
because compelling reasons support sealing thereof.
Respectfully submitted,
Dated: June 20, 2025
By:
s/ James W. McGarry__
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 St. NW
Washington, DC 20036
Tel: +1 202 346 4000
Fax: +1 202 346 4444
LAURA G. BRYS (SBN 242100)
LBrys@goodwinlaw.com
GOODWIN PROCTER LLP
601 S Figueroa St., Suite 4100
Los Angeles, CA 90017
Tel.: +1 213 426 2500
Fax: +1 617 346 4444
VALERIE A. HAGGANS (pro hac
vice)
VHaggans@goodwinlaw.com
LINDSAY E. HOYLE (pro hac vice)
LHoyle@goodwinlaw.com
GOODWIN PROCTER LLP
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UNOPPOSED MOTION TO SEAL CLASS
CASE NO. 21-MD-02992-GPC-MSB
CERTIFICATION ORDER
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620 Eighth Avenue
New York, NY 10018
Tel: +1 212 813-8800
Fax: +1 212 355-3333
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
JANICE P. BROWN (SBN 114433)
jbrown@myersnave.com
MATTHEW B. NAZARETH (SBN
278405)
mnazareth@myersnave.com
MEYERS NAVE
600 B Street, Suite 1650
San Diego, CA 92101
Attorneys for Defendant
BANK OF AMERICA, N.A.
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UNOPPOSED MOTION TO SEAL CLASS
CASE NO. 21-MD-02992-GPC-MSB
CERTIFICATION ORDER
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CERTIFICATE OF SERVICE
I hereby certify that I electronically filed the foregoing with the clerk of the
court for the United States District Court for the Southern District of California by
using the CM/ECF system on February 12, 2025. I further certify that all participants
in the case are registered CM/ECF users and that service will be accomplished by the
CM/ECF system. I certify under penalty of perjury that the foregoing is true and
correct.
Executed:
January 20, 2025
s/ James W. McGarry
Case 3:21-md-02992-GPC-MSB Document 495 Filed 06/20/25 PageID.29062 Page
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