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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 AN EXTENSION OF TIME
TO COMPLETE DISCOVERY AND TO RESCHEDULE AND CONVERT THE FINAL
PRETRIAL CONFERENCE TO A STATUS CONFERENCE
Pursuant to Federal Rule of Civil Procedure 6(b)(1) and Local Civil Rule 7, and Rule 7(G)
of this Court's Local Civil Rules, Plaintiff Blue Flame Medical LLC ("Blue Flame"),
Defendant/Third-Party Plaintiff Chain Bridge Bank, N.A., Defendants John J. Brough, and David
M. Evinger ("Defendants"), and Third-Party Defendant JPMorgan Chase Bank, N.A. ("Third-
Party Defendant", and collectively, with Blue Flame and Defendants, the "Parties"), by and
through their undersigned counsel, respectfully submit this consent motion for a 30-day extension
of time to complete discovery from March 31, 2021 to April 30, 2021 and to reschedule and
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convert to a status conference the Final Pre-Trial Conference currently scheduled for April 8, 2021
to May 6, 2021, or any other date after the close of discovery that the Court deems appropriate. A
proposed order reflecting the requested relief is attached hereto as Exhibit A. In support of this
Motion, the Parties respectfully state as follows:
1.
In its Scheduling Order of September 9, 2020, the Court set January 15,
2021 as the date for completion of discovery in this matter and set a Final Pre-Trial Conference
for January 21, 2021, to coincide with the completion of discovery. See Dkt. 33.
2.
On December 3, 2020, the Court entered an order extending the deadline
for completing discovery to and including March 31, 2021. See Dkt. 71.
3.
On January 8, 2021, the Court entered an order re-scheduling the Final Pre-
Trial Conference to April 8, 2021 (collectively, with the December 3, 2020 order extending
discovery, the "Consent Order").
4.
The parties have been diligently engaged in discovery, and have
continuously met and conferred regarding the scheduling of depositions, including as recently as
March 19, 2021. Due to the demands of other cases, scheduling conflicts, and the limited
availability of expert witnesses and fact witnesses to be deposed, the Parties believe it will be
difficult to complete the anticipated depositions in this action in an orderly fashion under the
schedule set forth in the Consent Order, but believe that a brief extension of the deadline to
complete discovery by 30 days and continuance of the Final Pre-Trial Conference will allow
sufficient time for the remaining expert depositions to occur.
5.
The Parties understand that the requested extension will not result in any
trial delay, based on the Court's March 18, 2021 General Order providing that civil jury trials will
not resume until May 3, 2021, the limitations required by the use of retrofitted courtrooms for such
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trials as stated in that General Order, and the Court’s statement during the November 17, 2020
hearing that it is realistic to expect that the trial date for this action will be delayed as a consequence
of the COVID-19 public health emergency. On March 26, 2021, the Parties, through counsel,
consented to the requested relief.
6.
Blue Flame and Defendants have previously requested an extension of
discovery. The Parties have agreed to this extension and no Party would suffer any prejudice by
the Court granting the Parties requested extension of time and re-scheduling of the Final Pre-Trial
Conference.
7.
In light of the requested relief seeking an extension of the discovery period
by 30 days to April 30, 2021, and the parties’ anticipated summary judgment briefing, the Parties
respectfully request that the Final Pre-Trial Conference be rescheduled for May 6, 2021 (the
[Thursday of the week following the close of discovery in this case), or any other date after the
close of discovery that the Court deems appropriate, and converted to a status conference.
8.
The Parties waive any hearing on this Consent Motion.
9.
A proposed order is attached as Exhibit A.
* * * * *
WHEREFORE, the Parties move that the Court enter an order, substantially in the
form attached hereto as Exhibit A, extending the discovery deadlines from March 31, 2021 to April
30, 2021 and rescheduling the Final Pre-Trial Conference from April 8, 2021 to May 6, 2021, or
any other date after the close of discovery that the Court deems appropriate, and converting the
Final Pre-Trial Conference to a status conference.
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Dated : March 27, 2021
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
/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 & 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, Third-Party Plaintiff
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/s/ Meredith K. Loretta
Meredith K. Loretta (VA Bar No. 92369)
Albinas J. Prizgintas (pro hac vice)
1875 Pennsylvania Ave NW
Washington, DC 20006
Tel.: (202) 663-6981
meredith.loretta@wilmerhale.com
Alan E. Schoenfeld (pro hac vice)
7 World Trade Center
250 Greenwich Street
New York, NY 10007
Tel.: (212) 230-8800
alan.schoenfeld@wilmerhale.com
Margarita M. Botero (pro hac vice)
1225 17th Street, Suite 2600
Denver, CO 80202
Tel.: (720) 274-3135
margarita.botero@wilmerhale.com
Counsel for Third-Party Defendant
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