BANA EDD - Unopposed Motion to Continue Hearing Date and Issue Amended Schedule

Summary

Bank of America, N.A. filed an unopposed motion on April 15, 2026 (Document 716) in the Southern District of California asking the court to continue the May 1, 2026 motions hearing date and amend the scheduling order in In re Bank of America California Unemployment Benefits Litigation. The motion says counsel for BANA, including lead counsel who will argue the summary judgment motion, are unavailable on May 1 because of pre-planned business travel and mandatory business meetings. It asks that the Pretrial Motions be heard on May 21 or June 5, 2026 and that the Pretrial Conference be continued to July 24, 2026. Plaintiffs do not oppose the request as a professional courtesy, though their preference is to proceed on May 1, or as soon after as the court is available.

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Case No. 21-MD-02992-GPC-MSB
UNOPPOSED MOTION TO CONTINUE MAY 1, 2026 HEARING DATE & AMEND SCHEDULING 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 STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
SAN DIEGO DIVISION
IN RE BANK OF AMERICA
CALIFORNIA UNEMPLOYMENT
BENEFITS LITIGATION
Case No. 3:21-md-02992-GPC-MSB

BANK OF AMERICA, N.A.’S
UNOPPOSED MOTION TO
CONTINUE THE MAY 1, 2026
MOTIONS HEARING DATE AND
TO AMEND THE SCHEDULING
ORDER

This Document Relates to All Actions

Courtroom: 12A – 12th Floor
Judge: Hon. Gonzalo P. Curiel
Case 3:21-md-02992-GPC-MSB     Document 716     Filed 04/15/26     PageID.60266     Page
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Case No. 21-MD-02992-GPC-MSB
UNOPPOSED MOTION TO CONTINUE MAY 1, 2026 HEARING DATE & AMEND SCHEDULING ORDER

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WHEREAS, on July 17, 2025, the Court issued an Amended Scheduling Order
(ECF 521), setting deadlines for pretrial motions, including those addressing Daubert
issues related to dispositive motions (“Pretrial Motions”), and the final Pretrial
Conference on June 5, 2026;
WHEREAS, on October 14, 2025, the Court issued its Amended Order re:
Joint Motion to Set a Briefing Schedule and to Extend Page Limits for Defendant’s
Motion for Partial Summary Judgment (“Amended Order,” ECF 560), which set
April 17, 2026 as the hearing on Pretrial Motions;
WHEREAS, on October 17, 2025, pursuant to the Amended Order, Bank of
America, N.A. (“BANA”) filed its Motion for Partial Summary Judgment (ECF 589)
and five Motions to Exclude (ECF 563-67), and Plaintiffs filed their Motion to
Exclude (ECF 571);
WHEREAS, on March 29, 2026, the Court vacated the April 17, 2026 hearing
on the Pretrial Motions and rescheduled it for May 1, 2026;
WHEREAS, counsel for BANA, including its lead counsel who will be
arguing its summary judgment motion, are unavailable to appear for a hearing on
May 1, 2026 due to pre-planned business travel and mandatory business meetings on
that date that cannot be rescheduled, and are also unavailable on other Fridays in May
2026 due to preexisting professional conflicts (including previously scheduled court
hearings, mediations, and work-related travel) and personal conflicts (including
family graduations and a commencement speech);
WHEREAS, the parties have met and conferred regarding their mutual
availability and confirmed that they can be available on May 21 or June 5 for a
rescheduled Pretrial Motions hearing, and on July 24, 2026 for a rescheduled final
Pretrial Conference;
WHEREAS, Plaintiffs’ preference is to proceed with the hearing on BANA’s
Motion for Partial Summary Judgment and the Motions to Exclude on May 1, or as
soon thereafter as the Court is available (including any of the following three Fridays
Case 3:21-md-02992-GPC-MSB     Document 716     Filed 04/15/26     PageID.60267     Page
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Case No. 21-MD-02992-GPC-MSB
UNOPPOSED MOTION TO CONTINUE MAY 1, 2026 HEARING DATE & AMEND SCHEDULING ORDER

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in May 2026), but as a professional courtesy, Plaintiffs do not oppose the Bank’s
request to continue the Pretrial Motions hearing to May 21 or, if the Court is not
available on May 21, to June 5, or the Court’s next available date, and to continue
the final Pretrial Conference to July 24, 2026, with pretrial disclosures to be due June
26, 2026;
NOW THEREFORE, BANA hereby moves to and respectfully requests that
the Court reschedule the hearing on Pretrial Motions currently scheduled for May 1,
2026 and the Pretrial Conference currently scheduled for June 5, 2026, and issue an
Amended Scheduling Order as follows:
1.
The Pretrial Motions shall be heard on May 21, 2026 or June 5, 2026 at
1:30 p.m. as determined by the Court, or the Court’s next available date
when counsel for both parties can be available;
2.
Counsel shall comply with the pre-trial disclosure requirements of Fed.
R. Civ. P. 26(a)(3) by June 26, 2026;
3.
Counsel shall meet and take the action required by Local Rule 16.1(f)(4)
by July 6, 2026;
4.
By July 10, 2026, Plaintiffs’ counsel must provide opposing counsel
with the proposed pretrial order for review and approval;
5.
The Proposed Final Pretrial Conference Order, including objections to
any other parties’ Fed. R. Civ. P. 26(a)(3) Pretrial Disclosures, shall be
prepared, served, and lodged with the Court by July 17, 2026; and
6.
The Pretrial Conference shall be continued to July 24, 2026 at 1:30 p.m.

Case 3:21-md-02992-GPC-MSB     Document 716     Filed 04/15/26     PageID.60268     Page
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Case No. 21-MD-02992-GPC-MSB
UNOPPOSED MOTION TO CONTINUE MAY 1, 2026 HEARING DATE & AMEND SCHEDULING ORDER

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Dated:  April 15, 2026
By:
Respectfully submitted,
_/s/ Matthew L. Riffee______________
SABRINA M. ROSE-SMITH (pro hac vice)
SRoseSmith@goodwinlaw.com
MATTHEW L. RIFFEE (pro hac vice)
MRiffee@goodwinlaw.com
KEITH LEVENBERG (pro hac vice)
KLevenberg@goodwinlaw.com
GOODWIN PROCTER LLP
1900 N St. NW
Washington, DC 20036
Tel: +1 202 346 4000
Fax: +1 202 346 4444

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

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
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
Case 3:21-md-02992-GPC-MSB     Document 716     Filed 04/15/26     PageID.60269     Page
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UNOPPOSED MOTION TO CONTINUE MAY 1, 2026 HEARING DATE & AMEND SCHEDULING ORDER

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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 CONTINUE MAY 1, 2026 HEARING DATE & AMEND SCHEDULING 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 April 15, 2026. 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: April 15, 2026
 /s/ Matthew L. Riffee

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