Full text
1/28/2020 SCC
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
DOCKETING STATEMENT--CIVIL/AGENCY CASES
Directions: Counsel must make a docketing statement (civil/agency) filed entry in CM/ECF
within 14 days of docketing of the appeal, or within the due date set by the clerk=s docketing notice,
whichever is later. File with the entry the (1) docketing statement form with any extended answers
and (2) any transcript order form. Parties proceeding pro se are not required to file a docketing
statement. Opposing counsel who finds a docketing statement inaccurate or incomplete may file any
objections within 10 days of service of the docketing statement using the ECF event-docketing
statement objection/correction filed.
Appeal No. & Caption
Originating No. & Caption
Originating Court/Agency
Jurisdiction (answer any that apply)
Statute establishing jurisdiction in Court of Appeals
Time allowed for filing in Court of Appeals
Date of entry of order or judgment appealed
Date notice of appeal or petition for review filed
If cross appeal, date first appeal filed
Date of filing any post-judgment motion
Date order entered disposing of any post-judgment motion
Date of filing any motion to extend appeal period
Time for filing appeal extended to
Is appeal from final judgment or order?
F Yes
F No
If appeal is not from final judgment, why is order appealable?
Settlement (The docketing statement is used by the circuit mediator in pre-briefing review and
mediation conducted under Local Rule 33. Counsel may make a confidential request for mediation by
calling the Office of the Circuit Mediator at 843-731-9099.)
Is settlement being discussed?
F Yes
F No
21-2218, Blue Flame Medical LLC v. John Brough
1:20-cv-00658, Blue Flame Med. LLC v. Chain Bridge Bank
U.S. District Court Eastern District of Virginia
28 U.S.C. §1291
30 days
09/23/2021
10/21/2021
USCA4 Appeal: 21-2218 Doc: 22 Filed: 11/22/2021 Pg: 1 of 6
Transcript (transcript order must be attached if transcript is needed and not yet on file)
Is transcript needed for this appeal?
F Yes
F No
Has transcript been filed in district court?
F Yes
F No
Is transcript order attached?
F Yes
F No
Case Handling Requirements (answer any that apply)
Case number of any prior appeal in same case
Case number of any pending appeal in same case
Identification of any case pending in this Court or
Supreme Court raising similar issue
If abeyance or consolidation is warranted,
counsel must file an appropriate motion.
Is expedited disposition necessary?
F Yes
F No
If yes, motion to expedite must be filed.
Is oral argument necessary?
F Yes
F No
Does case involve question of first impression?
F Yes
F No
Does appeal challenge constitutionality of federal
or state statute in case to which federal or
state government is not a party
F Yes
F No
If yes, notice re: challenge to
constitutionality of law must be filed.
Nature of Case (Nature of case and disposition below. Attach additional page if necessary.)
N/A
21-2219 (consolidated)
No known cases
This suit involves claims arising out of federal regulations, as well as pendent state-law
claims. Defendants Chain Bridge Bank, N.A., John Brough, and David Evinger unlawfully
removed money from plaintiff-appellant Blue Flame Medical LLC's account at Chain Bridge
Bank, and/or never gave Blue Flame control of money that was rightfully its own, a wire
transfer of funds into an account at Chain Bridge Bank owned by Blue Flame. Defendants
violated Federal Reserve Board regulations, UCC §§4A-204(a) and 4A-404(a), codified at 12
C.F.R. Pt. 210, Subpt. B, App. B, §§4A-204(a), 4A-404(a), and/or committed common-law
conversion under Virginia law.
District court found conversion claim preempted and dismissed it orally, along with a number
of other state-law claims, on defendants' motion to dismiss. District court granted defendants'
motion for summary judgment on the UCC claims, holding (a) that UCC §4A-204(a) prohibits
only to third-party fraud, and (b) that although Blue Flame had established defendants' ilability
under UCC §4A-404(a), it had failed to raise a genuine issue of fact as to its damages.
USCA4 Appeal: 21-2218 Doc: 22 Filed: 11/22/2021 Pg: 2 of 6
Issues (Non-binding statement of issues on appeal. Attach additional page if necessary)
Adverse Parties (List adverse parties to this appeal and their attorneys; provide party=s address if the
party is not represented by counsel. Attach additional page if necessary.)
Adverse Party:
Attorney:
Address:
E-mail:
Phone:
Adverse Party:
Attorney:
Address:
E-mail:
Phone:
Adverse Parties (continued)
Adverse Party:
Attorney:
Address:
E-mail:
Phone:
Adverse Party:
Attorney:
Address:
E-mail:
Phone:
Whether the district court erred in holding that Blue Flame's conversion claim was preempted.
Whether the distrcit court erred in holding that UCC §4A-204(a) addresses only third-party
frauds not detected by banks in making wire transfers.
Whether the district court erred in holding Blue Flame had failed to raise a genuine issue of
fact as to its damages resulting from defendants' violation of UCC §4A-404(a).
Please see attached
USCA4 Appeal: 21-2218 Doc: 22 Filed: 11/22/2021 Pg: 3 of 6
Appellant (Attach additional page if necessary.)
Name:
Attorney:
Address:
E-mail:
Phone:
Name:
Attorney:
Address:
E-mail:
Phone:
Appellant (continued)
Name:
Attorney:
Address:
E-mail:
Phone:
Name:
Attorney:
Address:
E-mail:
Phone:
Signature: ____________________________________
Date: ___________________
Counsel for: _____________________________________________________________
Certificate of Service (required for parties served outside CM/ECF): I certify that this
document was served on ____________ by [ ] personal delivery; [ ] mail; [ ] third-party
commercial carrier; or [ ] email (with written consent) on the following persons at the
addresses or email addresses shown:
Signature:
Date:
Please see attached
/s/Eric F. Citron
11.22.2021
Blue Flame Medical LLC
USCA4 Appeal: 21-2218 Doc: 22 Filed: 11/22/2021 Pg: 4 of 6
ADVERSE PARTIES
JOHN J. BROUGH
Defendant - Appellee
Donald Burke
Direct: 202-775-4500
Email: dburke@robbinsrussell.com
[COR NTC Retained]
ROBBINS, RUSSELL, ENGLERT, ORSECK
& UNTEREINER LLP
4th Floor
2000 K Street, NW
Washington, DC 20006
Matthew Michael Madden
Direct: 202-775-4500
Email: mmadden@robbinsrussell.com
[COR NTC Retained]
ROBBINS, RUSSELL, ENGLERT, ORSECK
& UNTEREINER LLP
4th Floor
2000 K Street, NW
Washington, DC 20006
Gary Andrew Orseck
Direct: 202-775-4500
Email: gorseck@robbinsrussell.com
[COR NTC Retained]
ROBBINS, RUSSELL, ENGLERT, ORSECK
& UNTEREINER LLP
4th Floor
2000 K Street, NW
Washington, DC 20006
DAVID M. EVINGER
Defendant - Appellee
Donald Burke
Direct: 202-775-4500
[COR NTC Retained]
(see above)
Matthew Michael Madden
Direct: 202-775-4500
[COR NTC Retained]
(see above)
Gary Andrew Orseck
Direct: 202-775-4500
[COR NTC Retained]
(see above)
USCA4 Appeal: 21-2218 Doc: 22 Filed: 11/22/2021 Pg: 5 of 6
CHAIN BRIDGE BANK, N.A.
Defendant and 3rd-
Party Plaintiff - Appellee
Donald Burke
Direct: 202-775-4500
[COR NTC Retained]
(see above)
Matthew Michael Madden
Direct: 202-775-4500
[COR NTC Retained]
(see above)
Gary Andrew Orseck
Direct: 202-775-4500
[COR NTC Retained]
(see above)
APPELLANT
BLUE FLAME MEDICAL LLC
Plaintiff - Appellant
Eric Franklin Citron
Direct: 202-362-0636
Email: ecitron@goldsteinrussell.com
[COR NTC Retained]
GOLDSTEIN & RUSSELL, PC
Suite 850
7475 Wisconsin Avenue
Bethesda, MD 20814
Kathleen Foley
Direct: 202-362-0636
Email: kfoley@goldsteinrussell.com
[COR NTC Retained]
GOLDSTEIN & RUSSELL, PC
Suite 850
7475 Wisconsin Avenue
Bethesda, MD 20814
USCA4 Appeal: 21-2218 Doc: 22 Filed: 11/22/2021 Pg: 6 of 6