Protective Order
- Date
- 2025-10-17
Summary
Document 591-7, filed October 17, 2025 in In re: Bank of America California Unemployment Benefits Litigation, Case No. 21-MD-02992-GPC-MSB, in the U.S. District Court for the Southern District of California, marked DX 6 and filed as a redacted version of a document sought to be sealed. It is a declaration by an Operations Executive in Claims Processing at Defendant Bank of America, N.A. (BANA), executed October 16, 2025, supporting BANA's motion for partial summary judgment set before Hon. Gonzalo P. Curiel for April 17, 2026. The declaration describes BANA business records for EDD Prepaid Debit Card Accounts under headings on call recordings, VisaPAM, claims materials and Verint ATM footage. It states that between September 13, 2020 and November 21, 2020 BANA cannot determine individual caller wait or hold times through a simple systematic data pull.
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Case 3:21-md-02992-GPC-MSB Document 591-7 Filed 10/17/25 PageID.40726
Page 1 of 6
DX 6
REDACTED VERSION
OF DOCUMENT
SOUGHT TO BE
SEALED PURSUANT
TO STIPULATED
PROTECTIVE ORDER
Case 3:21-md-02992-GPC-MSB Document 591-7 Filed 10/17/25 PageID.40727
Page 2 of 6
1 JAMES W. MCGARRY (pro hac vice)
JMcGarry@goodwinlaw.com
2 GOODWIN PROCTER LLP
100 Northern Avenue
3 Boston, MA 02210
Tel.: +1 617 570 1000
4 Fax: +1 617 523 1231
5 SABRINA M. ROSE-SMITH (pro hac vice)
SRoseSmith@goodwinlaw.com
6 MATTHEW L. RIFFEE (pro hac vice)
MRiffee@goodwinlaw.com
7 GOODWIN PROCTER LLP
1900 N Street, NW
8 Washington, DC 20036
Tel.: +1 202 346 4000
9 Fax: +1 202 346 4444
10 Attorneys for Defendant
BANK OF AMERICA, N.A.
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UNITED STATES DISTRICT COURT
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FOR THE SOUTHERN DISTRICT OF CALIFORNIA
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SAN DIEGO DIVISION
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IN RE: BANK OF AMERICA 2 Case No. 21-MD-02992-GPC-MSB
CALIFORNIA UNEMPLOYMENT
17 BENEFITS LITIGATION DECLARATION OF DON ROBART
IN SUPPORT OF DEFENDANT
18 BANK OF AMERICA, N.A.’S
MOTION FOR PARTIAL SUMMARY
19 JUDGMENT
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Date: April 17, 2026
21 Time: 1:30 p.m.
Ctrm: 12A – 12th Floor
22 Judge: Hon. Gonzalo P. Curiel
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FILED PROVISIONALLY UNDER SEAL
24 PURSUANT TO STIPULATED PROTECTIVE
ORDER
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GOODWIN PROCTER LLP
ATTORNEYS AT LAW
ROBART DECL. ISO MOT. FOR PARTIAL SJ CASE NO. 21-MD-02992-GPC-MSB
Case 3:21-md-02992-GPC-MSB Document 591-7 Filed 10/17/25 PageID.40728
Page 3 of 6 CONFIDENTIAL
1 I, Don Robart, hereby declare as follows:
2 1. I am employed by Defendant Bank of America, N.A. (BANA), a party
3 to this action, as an Operations Executive in Claims Processing. I make this
4 declaration based upon personal knowledge and belief, upon BANA’s records
5 maintained in the ordinary course and scope of business, and upon information
6 gathered from other BANA employees within the scope of their responsibilities. If
7 called to testify as to any of the matters set forth in this declaration, I could and would
8 competently testify thereto.
9 2. In my capacity as Operations Executive in Claims Processing, my
10 responsibilities include leading group operation managers and other employees
11 handling fraud and billing disputes, complaints, and correspondence with
12 cardholders, and overseeing updates to and implementation of BANA’s policies,
13 procedures, trainings, and practices relating to claims review and investigation.
14 3. I am also familiar with BANA’s record keeping processes and I have
15 access to the business records maintained by BANA in connection with its business
16 of managing prepaid debit card accounts opened by the California Employment
17 Development Department (EDD) (EDD Prepaid Debit Card Accounts or Accounts),
18 through which EDD disbursed unemployment benefits. This includes the systems of
19 record used for the purposes of
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24 documents described herein are all business records maintained by BANA in the
25 above-described manner (BANA Business Records).
26 4. The BANA Business Records are made in the regular or ordinary course
27 of business, at or near the time of the act, condition, or event to which they relate, by
28 persons employed by BANA and/or its predecessors and/or agents, who had a
GOODWIN PROCTER LLP
ATTORNEYS AT LAW
1
ROBART DECL. ISO MOT. FOR PARTIAL SJ CASE NO. 21-MD-02992-GPC-MSB
Case 3:21-md-02992-GPC-MSB Document 591-7 Filed 10/17/25 PageID.40729
Page 4 of 6 CONFIDENTIAL
1 business duty to regularly, accurately and completely take, make, and maintain such
2 records and documents. On information and belief based on my conversations with
3 my co-workers who downloaded and compiled the BANA Business Records in
4 response to Plaintiffs’ Requests for Production of Documents (Plaintiffs’ Requests),
5 BANA downloaded and compiled for production the responsive BANA Business
6 Records.
7 5. My testimony in this declaration is on information and belief based on
8 my knowledge of the systems described herein, my review of certain BANA Business
9 Records produced in response to Plaintiffs’ Requests and my conversation with
10 coworkers who compiled the responsive BANA Business Records and who possess
11 knowledge of the operation of the systems described herein.
12 The Systems Accessing BANA Business Records
13 I. Call Recordings
14 6. Customer service calls during the relevant time period were recorded
15 pursuant to BANA’s policies.
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28 Therefore, between September 13, 2020
GOODWIN PROCTER LLP
ATTORNEYS AT LAW
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ROBART DECL. ISO MOT. FOR PARTIAL SJ CASE NO. 21-MD-02992-GPC-MSB
Case 3:21-md-02992-GPC-MSB Document 591-7 Filed 10/17/25 PageID.40730
Page 5 of 6 CONFIDENTIAL
1 and November 21, 2020, Bank of America cannot determine the individual wait or
2 hold time for a caller through a simple systematic data pull of its own records.
3 II. VisaPAM
4 8. During the relevant time period, BANA used
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would
9. Additionally, BANA prepaid debit card call center representatives
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13 10. Upon information and belief, in response to Plaintiffs’ Requests as to
14 documents relating to Plaintiffs’ Accounts,
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18 III. Claims Materials and Correspondence from Wadworth
19 11. At all relevant times,
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23 IV. Verint ATM Footage
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GOODWIN PROCTER LLP
ATTORNEYS AT LAW
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ROBART DECL. ISO MOT. FOR PARTIAL SJ CASE NO. 21-MD-02992-GPC-MSB
Case 3:21-md-02992-GPC-MSB Document 591-7 Filed 10/17/25 PageID.40731
Page 6 of 6 CONFIDENTIAL
1 I declare under the penalty of perjury that the foregoing is true and correct.
2 Executed on this 16th day of October, 2025.
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5 DON ROBART
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GOODWIN PROCTER LLP
ATTORNEYS AT LAW
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ROBART DECL. ISO MOT. FOR PARTIAL SJ CASE NO. 21-MD-02992-GPC-MSB
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