Memorandum In Support Of
Summary
A memorandum in support of a consent motion for leave to submit audio files, filed May 5, 2021 as Document 110 in Blue Flame Medical LLC v. Chain Bridge Bank, N.A., John J. Brough and David M. Evinger, Civil Action No. 1:20-cv-00658, in the U.S. District Court for the Eastern District of Virginia, with JPMorgan Chase Bank, N.A. as third-party defendant. The parties state that Chain Bridge produced call recordings from March 2020 related to the $456,888,600 wire transfer at issue, and that they intend to use some as exhibits to competing summary judgment motions due May 6, 2021. The memorandum lists fourteen call recordings with their times and production numbers and asks leave to file them on a compact disc. It is signed by counsel for all parties.
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Case 1:20-cv-00658-LMB-IDD Document 110 Filed 05/05/21 Page 1 of 6 PageID# 855
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
(Alexandria Division)
BLUE FLAME MEDICAL LLC,
Plaintiff,
Civil Action No. 1:20-cv-00658
v.
CHAIN BRIDGE BANK, N.A.,
JOHN J. BROUGH, and
DAVID M. EVINGER,
Defendants.
CHAIN BRIDGE BANK, N.A.,
Third-Party Plaintiff,
v.
JPMORGAN CHASE BANK, N.A.,
Third-Party Defendant.
MEMORANDUM IN SUPPORT OF
CONSENT MOTION FOR LEAVE TO SUBMIT AUDIO FILES
The parties submit this Memorandum in Support of their Consent Motion for Leave to
Submit Audio Files.
I. BACKGROUND
During the course of discovery, Defendant/Third-Party Plaintiff Chain Bridge Bank, N.A.
and Defendants John Brough and David Evinger (“Chain Bridge”) produced various call
recordings from March 25 through March 27, 2020 related to the $456,888,600 wire transfer at
issue in this case. Specifically, Chain Bridge produced recordings of internal conversations
between Chain Bridge employees; a voicemail from a California representative to Chain Bridge
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representatives; and conversations between Chain Bridge representatives, on the one hand, and
JPMorgan Chase Bank, N.A. (“JPMC”) representatives, California representatives, or Blue
Flame Medical LLC (“Blue Flame”) representatives, on the other.
The parties intend to file competing summary judgment motions on May 6, 2021. As
part of their motions for summary judgment, the parties intend to include certain of these
recordings as exhibits. In accordance with local rules, the parties therefore seek leave of court to
file the audio recordings identified below on a computer disc or by any other method the Court
deems appropriate.1 The parties agree that the audio recordings to be filed are true and correct
copies of audio recordings exchanged in discovery. The parties have also agreed to waive any
hearing on this motion.
II. ARGUMENT
The Eastern District of Virginia, Alexandria Division requires that counsel request leave
of court before filing any material on computer discs with the Court. See Clerk’s Office General
Filing Tips, Alexandria Division ¶ 18, available at https://www.vaed.uscourts.gov/clerks-office-
general-filing-tips-alexandria-division. As previously stated, the parties are preparing their
motions for summary judgment, in advance of this Court’s May 6, 2021 deadline. See Dkt. 97.
In support of their motions, the parties may cite the following fourteen call recordings that Chain
Bridge produced:
Recording of call between Mike Gula (Blue Flame) and Heather Schoeppe (Chain
Bridge) ending on March 25, 2020 at 3:26:46 p.m. EDT; produced at CBB00002794.
Recording of call between Heather Schoeppe (Chain Bridge) and Joanna Williamson
(Chain Bridge) ending on March 25, 2020 at 4:30 p.m. EDT; produced at CBB00002797.
1
If the Court wishes, the parties can also send the files electronically to chambers via file
transfer.
2
Case 1:20-cv-00658-LMB-IDD Document 110 Filed 05/05/21 Page 3 of 6 PageID# 857
Recording of call between Heather Schoeppe (Chain Bridge), David Evinger (Chain
Bridge), and John Brough (Chain Bridge) ending on March 25, 2020 at 4:46 p.m. EDT;
produced at CBB00002798.
Recording of call between Heather Schoeppe (Chain Bridge) and Mike Gula (Blue
Flame) ending on March 25, 2020 at 6:17 p.m. EDT; produced at CBB00002795.
Recording of call between John Thomas (Blue Flame) and Maria Cole (Chain Bridge)
ending on March 26, 2020 at 11:08 a.m. EDT; produced at CBB00002786.
Recording of call between John Thomas (Blue Flame) and Maria Cole (Chain Bridge)
ending on March 26, 2020 at 11:52 a.m. EDT; produced at CBB00002787.
Recording of call between John Thomas (Blue Flame) and Maria Cole (Chain Bridge)
ending on March 26, 2020 at 12:00 p.m. EDT; produced at CBB00002788.
Recording of call between Tim Coffey (JPMC) and Mariano Castagnello (Chain Bridge)
ending on March 26, 2020 at 12:33 p.m. EDT; produced at CBB00002784.
Partial recording of call between John Brough (Chain Bridge), David Evinger (Chain
Bridge), and Rakesh Korpal (JPMC) beginning on March 26, 2020 at 12:44 p.m. EDT;
produced at CBB00002541.
Voicemail from Fee Chang (California) delivered to David Evinger (Chain Bridge) on
March 26, 2020 at 12:51 p.m. EDT; produced at CBB00000707.
Partial recording of call between John Brough (Chain Bridge), David Evinger (Chain
Bridge), and Fee Chang (California) beginning on March 26, 2020 at 12:55 p.m. EDT;
produced at CBB00002543.
Partial recording of call between John Brough (Chain Bridge), David Evinger (Chain
Bridge), and Rakesh Korpal (JPMC) beginning on March 26, 2020 at 1:34 p.m. EDT;
produced at CBB00002544.
Recording of call between John Brough (Chain Bridge), David Evinger (Chain Bridge),
and Tim Coffey (JPMC) beginning on March 26, 2020 at 1:37 p.m. EDT; produced at
CBB00002545.
Recording of call between John Brough (Chain Bridge), David Evinger (Chain Bridge),
Claudia Mojica-Guadron (Chain Bridge), and Thais Ribeiro (Chain Bridge) ending on
March 26, 2020 at 1:43 p.m. EDT; produced at CBB00002789.
The audio recordings directly concern the $456,888,600 wire transfer and contain
contemporaneous discussions of the transaction; they therefore may bear on the parties’
summary judgment briefing and this Court’s subsequent rulings thereto. Accordingly, the Court
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Case 1:20-cv-00658-LMB-IDD Document 110 Filed 05/05/21 Page 4 of 6 PageID# 858
should grant this consent motion for leave to file the recordings with the Court on a compact disc
or by any other method the Court prefers.2
Dated: May 5, 2021 Respectfully submitted,
WILMER CUTLER PICKERING
HALE AND DORR LLP
/s/ Meredith K. Loretta
Meredith K. Loretta (92369)
Albinas J. Prizgintas (pro hac vice)
Whitney Russell (pro hac vice)
1875 Pennsylvania Avenue N.W.
Washington, DC 20006
Tel.: (202) 663-6981
Fax: (202) 663-6363
meredith.loretta@wilmerhale.com
Alan E. Schoenfeld (pro hac vice)
Marissa W. Medine (pro hac vice)
7 World Trade Center
250 Greenwich Street
New York, NY 10007
Tel.: (212) 230-8800
Fax: (212) 230-8888
alan.schoenfeld@wilmerhale.com
Felicia Ellsworth (pro hac vice)
60 State Street
Boston, MA 02109
Tel.: (617) 526-6000
Fax: (617) 526-5000
felicia.ellsworth@wilmerhale.com
2
For the avoidance of doubt, the parties agree and consent to the filing of the identified
audio recordings on the terms proposed herein. The parties otherwise reserve all rights in
connection with the identified audio recordings, including but not limited to the right to argue
that any such audio recording is not relevant to the disposition of one or more of the parties’
anticipated summary judgment motions.
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Margarita M. Botero (pro hac vice)
1225 17th Street, Suite 2600
Denver, CO 80202
Tel.: (720) 274-3135
Fax: (720) 274-3133
margarita.botero@wilmerhale.com
Attorneys for Third-Party Defendant
JPMorgan Chase Bank, N.A.
/s/ Donald Burke
Gary A. Orseck (pro hac vice)
Matthew M. Madden (pro hac vice)
Donald Burke (VA Bar No. 76550)
ROBBINS, RUSSELL, ENGLERT,
ORSECK & UNTEREINER LLP
2000 K Street, NW, 4th Floor
Washington, DC 20006
gorseck@robbinsrussell.com
mmadden@robbinsrussell.com
dburke@robbinsrussell.com
Counsel for Defendants,
Third-Party Plaintiff
/s/ Peter H. White
Peter H. White (VA Bar No. 32310)
Jason T. Mitchell (pro hac vice)
Gregory Ketcham-Colwill (pro hac
vice)
SCHULTE ROTH & ZABEL LLP
901 Fifteenth Street, NW, Suite 800
Washington, DC 20005
Tel.: (202) 729-7476
Tel.: (202) 730-4520
pete.white@srz.com
jason.mitchell@srz.com
gregory.ketcham-colwill@srz.com
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William H. Gussman, Jr. (pro hac
vice)
SCHULTE ROTH & ZABEL LLP
919 Third Avenue
Tel.: (212) 756-2044
Fax: (212) 593-5955
New York, New York 10022
bill.gussman@srz.com
Counsel for Plaintiff
6
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