Protective Order
- Date
- 2025-10-17
Summary
DX 7, filed October 17, 2025 as Document 591-8 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, is a redacted version of a declaration sought to be sealed under the stipulated protective order. It is the declaration of an expert retained by defendant Bank of America, N.A., filed in support of its motion for partial summary judgment before Judge Gonzalo P. Curiel, with a hearing date of April 17, 2026. The declarant states he would testify to the opinions in his April 4, 2025 Expert Report and updates those opinions based on supplemental interrogatory data as of September 29, 2025. The updated figures on class members are redacted. Counsel for the bank are Goodwin Procter LLP.
Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
Full text
Case 3:21-md-02992-GPC-MSB Document 591-8 Filed 10/17/25 PageID.40732
Page 1 of 6
DX 7
REDACTED VERSION OF
DOCUMENT SOUGHT TO
BE SEALED PURSUANT TO
STIPULATED
PROTECTIVE ORDER
Case 3:21-md-02992-GPC-MSB Document 591-8 Filed 10/17/25 PageID.40733
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.
11
12
UNITED STATES DISTRICT COURT
13
FOR THE SOUTHERN DISTRICT OF CALIFORNIA
14
SAN DIEGO DIVISION
15
16 IN RE: BANK OF AMERICA Case No. 21-MD-02992-GPC-MSB
CALIFORNIA UNEMPLOYMENT
17 BENEFITS LITIGATION DECLARATION OF VICTOR
STANGO IN SUPPORT OF
18 DEFENDANT BANK OF
AMERICA, N.A.’S MOTION FOR
19 PARTIAL SUMMARY JUDGMENT
20 Date: April 17, 2026
21 Time: 1:30 p.m.
Ctrm: 12A – 12th Floor
22 Judge: Hon. Gonzalo P. Curiel
23 FILED PROVISIONALLY UNDER SEAL
PURSUANT TO STIPULATED PROTECTIVE
24 ORDER
25
26
27
28
GOODWIN PROCTER LLP
ATTORNEYS AT LAW
STANGO DECL. ISO MOT. FOR PARTIAL SJ CASE NO. 21-MD-02992-GPC-MSB
Case 3:21-md-02992-GPC-MSB Document 591-8 Filed 10/17/25 PageID.40734
Page 3 of 6
1 I, Victor Stango, declare and state as follows:
2 1. I am over 18 years of age and am competent to testify in this matter. I make
3 this declaration in support of Defendant Bank of America, N.A.’s (BANA) Motion
4 for Partial Summary Judgment.
5 2. I have been retained by BANA to serve as an expert in this case.
6 3. If called as a witness at trial, I would testify to each and all of the opinions
7 and statements contained in my April 4, 2025 Expert Report in this matter (Expert
8 Report), a true and correct copy of which is attached to the Declaration of Laura G.
9 Brys (Brys Dec.) as DX 7.A.
10 4. The contents of my Expert Report are based on my personal knowledge,
11 education, training, academic research, and professional industry experience in the
12 consumer behavior industry, as well as the information and documents made
13 available to me in this action, as listed in the report itself.
14 5. Since submitting my Expert Report, I understand that BANA has updated
15 certain data
16 as of September 29, 2025. This includes updates to data that
17 BANA previously provided in response to Interrogatories Nos. 2, 4, 5, 6, 14, 15, 21,
18 and 46, which I understand Plaintiffs’ expert Greg Regan relied on, in part, to identify
19 members of the Claim Denial, Credit Rescission, Account Freeze, Customer Service,
20 and EMV Chip Classes (collectively, Classes) and to calculate their alleged damages,
21 and which I relied on in my Expert Report to rebut Mr. Regan’s opinions and to offer
22 certain opinions based on my review and understanding of the data.
23 6. To the extent I relied on this data in my Expert Report (see, e.g., DX ¶¶ 21
24 & n.25, 33 & n.49, 64, 69, 72, 73, 74 & n.144, 76, 82, 83 & n. 162, 84-87, 89, 90 &
25 n. 170, 91, 96 & App’x B), I update my opinions only to reflect the following based
26 on the supplemental data and information available to me as of the date of this
27 declaration:
28
GOODWIN PROCTER LLP
ATTORNEYS AT LAW
1
STANGO DECL. ISO MOT. FOR PARTIAL SJ CASE NO. 21-MD-02992-GPC-MSB
Case 3:21-md-02992-GPC-MSB Document 591-8 Filed 10/17/25 PageID.40735
Page 4 of 6
1 a. I understand that on June 16, 2025, the Court issued an order
2 certifying certain classes of EDD cardholders.
3 b. Consistent with the opinions offered in my Expert Report (¶¶ 9, 21,
4 24, 33, 35, 64, 71, 72, 74), based on my review and analysis of the
5 supplemental data contained in BANA’s Second Revised Second
6 Supplemental Response to Interrogatory Nos. 2, 4, 5, 6, 14 and 15
7 (Set 1), BANA’s First Supplemental Response to Interrogatory No.
8 21 (Set 3) and BANA’s First Supplemental Response to
9 Interrogatory No. 46 (Set 7), all members of the Claim Denial Class
10 that may be identified using Mr. Regan’s proposed methodology for
11 identification of Claim Denial Class members
12
13
14
15
-
c. As of September 29, 2025, based on my review and analysis of the
supplemental data contained in BANA’s Second Revised Second
16 Supplemental Response to Interrogatory Nos. 2, 4, 5, 6, 14 and 15
17 (Set 1), BANA’s First Supplemental Response to Interrogatory No.
18 21 (Set 3) and BANA’s First Supplemental Response to
19 Interrogatory No. 46 (Set 7), and the methodology proposed by
20 Plaintiffs to identify class members, the total number of class
21
22
23
members is
- .
d. As of September 29, 2025, based on my review and analysis of the
supplemental data contained in BANA’s Second Revised Second
24 Supplemental Response to Interrogatory Nos. 2, 4, 5, 6, 14 and 15
25 (Set 1), BANA’s First Supplemental Response to Interrogatory No.
26 21 (Set 3) and BANA’s First Supplemental Response to
27 Interrogatory No. 46 (Set 7), BANA has provided approximately
28
GOODWIN PROCTER LLP
ATTORNEYS AT LAW
2
STANGO DECL. ISO MOT. FOR PARTIAL SJ CASE NO. 21-MD-02992-GPC-MSB
Case 3:21-md-02992-GPC-MSB Document 591-8 Filed 10/17/25 PageID.40736
Page 5 of 6
1
2
3
• to members of the Classes that may be identified using Mr.
Regan’s proposed methodology for identification of such Class
members.
4 e. As of September 29, 2025, based on my review and analysis of the
5 supplemental data contained in BANA’s Second Revised Second
6 Supplemental Response to Interrogatory Nos. 2, 4, 5, 6, 14 and 15
7 (Set 1), BANA’s First Supplemental Response to Interrogatory No.
8 21 (Set 3) and BANA’s First Supplemental Response to
9 Interrogatory No. 46 (Set 7), members of the Classes that may be
10 identified using Mr. Regan’s proposed methodology for
11 identification of such Class members
12
13
14
15
16 f. As of September 29, 2025, based on my review and analysis of the
17 supplemental data contained in BANA’s Second Revised Second
18 Supplemental Response to Interrogatory Nos. 2, 4, 5, 6, 14 and 15
19 (Set 1), BANA’s First Supplemental Response to Interrogatory No.
20 21 (Set 3) and BANA’s First Supplemental Response to
21
22
23
Interrogatory No. 46 (Set 7), only
- of those class members
g. As of September 29, 2025, based on my review and analysis of the
•
24 supplemental data contained in BANA’s Second Revised Second
25 Supplemental Response to Interrogatory Nos. 2, 4, 5, 6, 14 and 15
26 (Set 1), BANA’s First Supplemental Response to Interrogatory No.
27 21 (Set 3) and BANA’s First Supplemental Response to
28
GOODWIN PROCTER LLP
ATTORNEYS AT LAW
Interrogatory No. 46 (Set 7), of the
STANGO DECL. ISO MOT. FOR PARTIAL SJ
3
- class members whose ■
CASE NO. 21-MD-02992-GPC-MSB
Case 3:21-md-02992-GPC-MSB Document 591-8 Filed 10/17/25 PageID.40737
Page 6 of 6
1
2
3
4 h. As of September 29, 2025, based on my review and analysis of the
5 supplemental data contained in BANA 's Second Revised Second
6 Supplemental Response to Interrogatory Nos. 2, 4, 5, 6, 14 and 15
7 (Set 1), BANA's First Supplemental Response to Interrogatory No.
8 21 (Set 3) and BANA's First Supplemental Response to
9 Interrogatory No. 46 (Set 7), of the - class members -
10 of those class members -
11
12
13
14 7. I reserve the right to further supplement or amend my opinions and report
15 should new data or information become available. I also reserve the right to respond
16 to additional opinions or assumptions in the Regan Report or other plaintiff expert
17 reports if asked to do so by counsel in the future.
18
19 I, Victor Stango, declare under penalty of perjmy that the foregoing is true and
20 correct. Executed on this 16 th day of October ~ 5.
21 • \
22
23
24
25
26
27
28
CooDWIN PROCTER LU'
AT101lNEY'SAl I..AW
4
STANGO D ECL. ISO MOT. FOR PARTIAL SJ CASE No. 2l-MD-02992-GPC-MSB
File and source
- File
- gov.uscourts.casd.709615.591.8.pdf
- Size
- 430,376 bytes
- SHA-256
- 545c8c2d6a70d82b8176a323f9d683b16f60b897658bbd10a941b46d52c05d26
- Original
- PACER (login required)