Consent Motion to Extend Discovery — Blue Flame Medical v. Chain Bridge Bank

Summary

Plaintiff’s Consent Motion for Extension of Time to Complete Discovery, filed 12/02/20 as Document 70 in Case 1:20-cv-00658-LMB-IDD in the Eastern District of Virginia. Blue Flame Medical LLC seeks a 12-day extension of time to complete discovery and modification of the deadlines for service of expert reports. It asks to move opening expert reports from January 22, 2021 to February 12, 2021, rebuttal expert reports from February 23, 2021 to March 12, 2021, and the discovery deadline from March 19, 2021 to March 31, 2021. The motion states that Defendants consented on December 1, 2020, JPMC consented on December 2, 2020, and a hearing is waived.

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IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
Alexandria Division

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BLUE FLAME MEDICAL LLC
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Plaintiff,

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v.

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Civil Action No. 1:20-cv-00658

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CHAIN BRIDGE BANK, N.A.,
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The Honorable Leonie Brinkema
JOHN J. BROUGH, and
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DAVID M. EVINGER,
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CONSENT MOTION

Defendants.
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CHAIN BRIDGE BANK, N.A.
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Third-Party Plaintiff,
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v.

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JPMORGAN CHASE BANK, N.A.
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Third-Party Defendant.
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PLAINTIFF’S CONSENT MOTION FOR EXTENSION OF TIME
TO COMPLETE DISCOVERY
Pursuant to Federal Rule of Civil Procedure 6(b)(1) and Local Civil Rule 7, Plaintiff
Blue Flame Medical LLC (“Blue Flame”) submits this consent motion for a 12-day extension of
time to complete discovery and modification of deadlines concerning the service of expert reports
(the “Consent Motion”), and states as follows:
1.
On September 24, 2020, the Court issued a Rule 16(b) Scheduling Order
(ECF No. 37) setting forth a January 15, 2021 deadline for all discovery.  At that time, this case
was a bilateral dispute between Blue Flame and Defendants Chain Bridge Bank, N.A. (“Chain
Bridge”), John J. Brough, and David M. Evinger (collectively, “Defendants”).
Case 1:20-cv-00658-LMB-IDD     Document 70     Filed 12/02/20     Page 1 of 4 PageID# 503

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2.
On October 13, 2020, Chain Bridge filed a Third Party Complaint against
JPMorgan Chase Bank, N.A. (“JPMC”).  Because the Court’s Rule 16(b) Scheduling Order then
in place allowed less than two months to complete fact and expert discovery, on October 28, 2020,
JPMC filed a consent motion, with the consent of counsel for Blue Flame and Defendants,
requesting that the Court extend (1) the deadline to serve opening expert reports from November
23, 2020 to January 22, 2021; (2) the deadline to serve rebuttal expert reports from December 23,
2021 to February 23, 2021; and (3) the deadline for discovery in the action from January 15, 2021
to March 19, 2021 (ECF No. 54).
3.
On October 29, 2020, the Court issued a Consent Order granting the relief
requested in JPMC’s consent motion (the “Consent Order”) (ECF No. 56).
4.
The parties have been diligently engaged in discovery, and met and
conferred on November 30, 2020 to discuss the scheduling of depositions.  Due to the demands of
other cases, scheduling conflicts, and the upcoming holidays, the parties believe it will be difficult
to complete the anticipated depositions in this action in an orderly fashion sufficiently in advance
of the preparation of expert reports under the schedule set forth in the Consent Order, but believe
that a brief extension of the deadline to complete discovery by 12 days and modification of the
deadlines to serve expert reports will allow sufficient time for those processes to occur.  Further,
the parties understand that the requested extension will not result in any trial delay, based on the
Court’s November 16, 2020 Standing Order suspending all criminal jury trials until January 19,
2021 and Judge Brinkema’s statement during the November 17, 2020 hearing that it is realistic to
expect that the trial date for this action will be delayed until at least May 2021 as a consequence
of that Standing Order and the COVID-19 public health emergency.  Accordingly, Blue Flame
respectfully requests that the Court extend the following:  (1) deadline to serve opening expert
Case 1:20-cv-00658-LMB-IDD     Document 70     Filed 12/02/20     Page 2 of 4 PageID# 504

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reports from January 22, 2021 to February 12, 2021; (2) deadline to serve rebuttal expert reports
from February 23, 2021 to March 12, 2021; and (3) deadline to complete discovery from March
19, 2021 to March 31, 2021.
5.
Blue Flame, through its counsel, consulted with counsel for Defendants and
counsel for JPMC regarding the requested extension on November 30 and December 1, 2020.  On
December 1, 2020, Defendants, through counsel, consented to the requested relief.  On December
2, 2020, JPMC, through counsel, consented to the requested relief.
6.
Blue Flame has not previously requested any extension of discovery.
Defendants and JPMC have agreed to this extension and would not suffer any prejudice by the
Court granting Blue Flame’s requested extension of time.  A hearing is waived on this Consent
Motion.
7.
A proposed order is attached as Exhibit A.
In consideration of the foregoing, Blue Flame respectfully moves this Court to
extend the discovery deadlines as set forth in paragraph 4 of this Consent Motion.

Case 1:20-cv-00658-LMB-IDD     Document 70     Filed 12/02/20     Page 3 of 4 PageID# 505

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Dated :  December 2, 2020
Respectfully submitted,

/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
Fax:  (202) 730-4520
pete.white@srz.com
jason.mitchell@srz.com
gregory.ketcham-colwill@srz.com

William H. Gussman, Jr. (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 Plaintiff Blue Flame Medical LLC

Case 1:20-cv-00658-LMB-IDD     Document 70     Filed 12/02/20     Page 4 of 4 PageID# 506

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