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IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
(Alexandria Division)
BLUE FLAME MEDICAL LLC,
Plaintiff,
v.
CHAIN BRIDGE BANK, N.A., JOHN J.
BROUGH, and DAVID M. EVINGER,
Defendants.
Civil Action No. 1:20-cv-00658
RULE 26(f) REPORT AND JOINT DISCOVERY PLAN
Pursuant to Federal Rule of Civil Procedure 26(f), the parties respectfully submit this report
and Joint Discovery Plan:
1.
Rule 26(f) Conference: Plaintiff Blue Flame Medical LLC (Blue Flame) and
Defendants Chain Bridge Bank, N.A., John J. Brough, and David M. Evinger (Defendants) held
an initial Rule 26(f) conference by telephone on September 21, 2020. The parties addressed their
claims and defenses and the prospect of settlement, and discussed discovery as described below.
2.
Subjects and Sequence of Discovery: All discovery shall be completed by
January 15, 2021 and shall be subject to the limitations set forth in the Scheduling Order (Dkt. No.
33), the Federal Rules of Civil Procedure, and the Local Rules of this Court, subject to the agreed
terms herein and any party’s right to seek to propound additional discovery by agreement of the
parties or with authorization of the Court pursuant to the applicable rules. The parties agree that
discovery should not be conducted in phases or limited in advance to particular issues but shall be
subject to the right of any party to object to particular discovery requests in accordance with the
applicable rules.
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3.
Initial Disclosures: The parties shall exchange initial disclosures as required by
Federal Rule of Civil Procedure 26(a)(1) on or before October 7, 2020.
4.
Protective Order: The parties will work together to submit a stipulated protective
order for the Court’s consideration by October 5, 2020. Until a protective order is entered, all
documents and information shall be produced and received on a confidential, attorney’s eyes only
basis.
5.
Expert Disclosures: The disclosures required by Federal Rule of Civil Procedure
26(a)(2) shall be made as follows:
a.
November 23, 2020: Opening expert reports; and
b.
December 23, 2020: Rebuttal expert reports (to respond to the opening expert
reports).
6.
Production of Electronically Stored Information and Other Materials: The
parties shall confer to attempt to resolve any issues that may arise regarding the production of
documents and electronically stored information, including any issues relating to the format in
which these materials shall be produced. The parties agree that they will provide reciprocal forms
of production.
7.
Method of Service: The parties shall serve all pleadings and court filings in this
case using the Court’s electronic filing system, and documents will be deemed served per the
Court’s rules regarding timing. The parties shall serve discovery and discovery responses by
email. Service of such discovery papers will be effective on the day of email transmission, except
that service by email transmitted on a Saturday, Sunday, or federal holiday shall be effective as
service on the next day that is not a Saturday, Sunday, or federal holiday.
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8.
Preservation: The parties affirm that they are taking reasonable steps necessary
to preserve potentially discoverable material.
9.
Privilege Assertions: Federal Rule of Civil Procedure 26(b)(5) shall govern
assertions of privilege and protection for trial-preparation materials, as well as “clawback” of
inadvertently produced materials subject to a claim of privilege or of protection as trial-preparation
material.
10.
Settlement: The parties have discussed the possibility of settlement and agree to
remain open to offers for settlement. The parties do not believe mediation will be productive at
this time. The parties will advise the Court if there are further developments regarding settlement
or if they require the Court’s assistance.
11.
Trial by Magistrate Judge: The parties do not consent to trial before a magistrate
judge.
12.
Waiver of Rule 16(b) Conference Appearance: The parties consent to the Court
ruling on these matters on this submission and agree to waive appearances at the pretrial
conference if this Court deems it appropriate.
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Date: September 23, 2020
/s/ Peter H. White
Peter H. White (VA Bar No. 32310)
Jason T. Mitchell (admitted pro hac vice)
Gregory Ketcham-Colwill (admitted pro hac vice)
SCHULTE ROTH & ZABEL LLP
901 Fifteenth Street, NW, Suite 800
Washington, DC 20005
Tel.: (202) 729-7476
Fax: (202) 730-4520
pete.white@srz.com
jason.mitchell@srz.com
gregory.ketcham-colwill@srz.com
William H. Gussman, Jr. (admitted pro hac vice)
SCHULTE ROTH & ZABEL LLP
919 Third Avenue
New York, New York 10022
Tel.: (212) 756-2044
Fax: (212) 593-5955
bill.gussman@srz.com
Counsel for Blue Flame Medical LLC
Respectfully submitted,
/s/ Donald Burke
Gary A. Orseck (admitted pro hac vice)
Matthew M. Madden (admitted pro hac vice)
Donald Burke (VA Bar No. 76550)
ROBBINS, RUSSELL, ENGLERT, ORSECK,
UNTEREINER & SAUBER LLP
2000 K Street, N.W., 4th Floor
Washington, D.C. 20006
Tel: (202) 775-4500
Fax: (202) 775-4510
dburke@robbinsrussell.com
Counsel for Defendants
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CERTIFICATE OF SERVICE
I hereby certify that on September 23, 2020, I will electronically file the foregoing with the
Clerk of Court using the CM/ECF system, which will then send a notification of such filing to the
following:
Peter H. White, Esq.
SCHULTE ROTH & ZABEL LLP
901 Fifteenth Street, NW, Suite 800
Washington, DC 20005
Tel: 202-729-7476
Fax: 202-730-4520
peter.white@srz.com
Counsel for Blue Flame Medical LLC
/s/ Donald Burke
Donald Burke (VA Bar No. 76550)
ROBBINS, RUSSELL, ENGLERT,
ORSECK, UNTEREINER & SAUBER LLP
2000 K Street, N.W., 4th Floor
Washington, D.C. 20006
Tel: (202) 775-4500
Fax: (202) 775-4510
dburke@robbinsrussell.com
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