Unopposed Motion to Extend Time to File Reply Briefs — Blue Flame Medical v. Chain Bridge Bank (4th Cir.)

Summary

An unopposed motion to extend time to file reply briefs, filed February 18, 2022 as Doc: 38, in the United States Court of Appeals for the Fourth Circuit, Blue Flame Medical LLC v. Chain Bridge Bank, N.A., No. 21-2218 (L) and No. 21-2219. Plaintiff-Appellant Blue Flame Medical LLC asks for a 14-day extension, to and including March 14, 2022, and JPMorgan Chase Bank, N.A. joins for its own reply brief. The motion states that all other parties consent, that the appellees' briefing was of unusual length in a multiparty appeal, and that counsel has overlapping deadlines in other matters. The signature lines carry /s/ Eric F. Citron and /s/ Alan Schoenfeld.

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Full text

IN THE UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

Blue Flame Medical LLC,
Plaintiff-Appellant,
v.
Chain Bridge Bank, N.A.,
Defendant and Third-Party Plaintiff-Appellee,
John J. Brough; David M. Evinger,
Defendants-Appellees,
v.
JPMorgan Chase Bank, N.A.,
Third-Party Defendant.

No. 21-2218 (L)
(1:20-cv-00658-LMB-IDD)

Blue Flame Medical LLC,
Plaintiff,
v.
Chain Bridge Bank, N.A.,
Defendant and Third-Party Plaintiff-Appellee,
John J. Brough; David M. Evinger,
Defendants,
v.
JPMorgan Chase Bank, N.A.,
Third-Party Defendant-Appellant.

No. 21-2219
(1:20-cv-00658-LMB-IDD)

UNOPPOSED MOTION TO EXTEND TIME TO FILE REPLY BRIEFS
Plaintiff-Appellant Blue Flame Medical LLC respectfully moves this Court,
pursuant to Federal Rules of Appellate Procedure 26(b) and 31 and Local Rule 31(c),
for a 14-day extension of time to file its brief, from Monday, February 28, 2020, to
Monday, March 14, 2020.  All other parties have consented to this motion.  Third-
USCA4 Appeal: 21-2218      Doc: 38            Filed: 02/18/2022      Pg: 1 of 6

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Party Defendant-Appellant JPMorgan Chase Bank, N.A. joins in this motion for ex-
tension for its reply brief, currently due the same day as Plaintiff-Appellant’s reply
brief, to avoid a staggered briefing schedule.
For Plaintiff-Appellant, the brief extension of time requested is supported by
extraordinary circumstances.  The briefing from the appellees was of unusual length
because this case involves a multiparty appeal, requiring additional time to consider,
research, and respond to all the arguments raised.  Moreover, the current deadline
falls during an unusually busy period for attorneys handling this matter.  In addition
to several non-public matters, the time for preparing the reply brief in this matter
overlaps with the following public deadlines:
 A petition for a writ of certiorari to the Ninth Circuit in City of Oakland v.
Oakland Raiders, due March 2, 2022.
 A reply brief in U.S. Wholesale Outlet & Distribution Inc. v. Innovation
Ventures, LLC, No. 21-55397 (9th Cir.), due March 2, 2022.
 A response and reply brief in Sonterra Capital Master Fund, Ltd. v. UBS
AG, No. 19-2979 (2d Cir.), due March 18, 2022.
 A response brief in In re Roundup Products Liability Litigation, No. 21-
16228 (9th Cir.), due March 25, 2022.
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 A petition for a writ of certiorari to the Second Circuit in Schwab Short-
Term Bond Market Fund v. Lloyds Banking Group PLC (In re LIBOR-
Based Financial Instruments Antitrust Litigation), due March 30, 2022.
 An opening brief in Ivie v. AstraZeneca Pharmaceuticals LP, No. 21-
35978 (9th Cir.), due April 4, 2022.
Given the complexity of the issues in this case and these overlapping commit-
ments, the brief extension of time requested is necessary to prepare a concise and
fully developed brief that will be maximally helpful to the Court in considering this
matter.  And as indicated by all parties’ consent, no prejudice to any party will result
from the requested extension.  Pursuant to Local Rule 25(a)(9), undersigned counsel
for Blue Flame Medical LLC represents that he has the consent of JPMorgan Chase
Bank, N.A. to file this joint motion on their behalf.

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CONCLUSION
For the foregoing reasons, Blue Flame Medical LLC and JPMorgan Chase
Bank, N.A. respectfully request that the time to file the reply briefs be extended by
14 days to and including March 14, 2022.

February 18, 2022
Respectfully submitted,

/s/ Eric F. Citron

/s/ Alan Schoenfeld

Alan Schoenfeld
WILMER CUTLER PICKERING HALE
AND DORR LLP
7 World Trade Center
250 Greenwich St.
New York, NY 10007
(212) 230-8800
Counsel for Third-Party Defend-
ant-Appellant JPMorgan
Chase Bank, N.A.
Eric F. Citron
Kathleen Foley
GOLDSTEIN & RUSSELL, P.C.
7475 Wisconsin Avenue, Suite 850
Bethesda, MD 20814
(202) 362-0636
Counsel for Plaintiff-Appellant
Blue Flame Medical LLC

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CERTIFICATE OF COMPLIANCE
In accordance with Fed. R. App. P. 32(g)(1), the undersigned certifies that this
motion complies with the type-volume limit of Fed. R. App. P. 27(d)(2) because this
motion contains 429 words, excluding the parts of the motion exempted by Fed.
R. App. P. 32(f).
This motion complies with the typeface requirements of Fed. R. App.
P. 32(a)(5) and the type style requirements of Fed. R. App. P 32(a)(6) because this
document has been prepared in a proportionally spaced typeface using Microsoft
Word 2016, Times New Roman, 14-pt font.

/s/ Eric F. Citron

February 18, 2022

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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 Court of Appeals for the Fourth Circuit by using the
appellate CM/ECF system on February 18, 2022.  All participants in the case are
registered CM/ECF users and service will be accomplished by the appellate
CM/ECF system.

/s/ Eric F. Citron

February 18, 2022

USCA4 Appeal: 21-2218      Doc: 38            Filed: 02/18/2022      Pg: 6 of 6

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