Blue Flame Medical v. Chain Bridge — Plaintiff's Objections to Deposition Designations
- Date
- 2021-04-29
Summary
Plaintiff Blue Flame Medical LLC's objections to the deposition designations of Chain Bridge Bank, N.A., John J. Brough, David M. Evinger and third-party defendant JPMorgan Chase Bank, N.A., filed April 29, 2021 as Document 107 in Civil Action No. 1:20-cv-00658 in the U.S. District Court for the Eastern District of Virginia. The objections respond to the defendants' witness list (ECF No. 94) and JPMC's pretrial disclosures (ECF No. 91). The plaintiff objects to deposition testimony from any witness who is not unavailable and reserves the right to object once specific portions are designated. A table lists twelve deposition witnesses, including corporate designees of the California State Controller's Office and JPMC, with objections under Fed. R. Evid. 106 to incomplete portions and, for the corporate designees, to testimony beyond the designated topics.
Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
Full text
Case 1:20-cv-00658-LMB-IDD Document 107 Filed 04/29/21 Page 1 of 5 PageID# 842
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
Alexandria Division
)
BLUE FLAME MEDICAL LLC )
)
Plaintiff, )
)
v. ) Civil Action No. 1:20-cv-00658
)
CHAIN BRIDGE BANK, N.A., ) The Honorable Leonie Brinkema
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. )
)
PLAINTIFF BLUE FLAME MEDICAL LLC'S OBJECTIONS TO
DEFENDANT/THIRD-PARTY PLAINTIFF CHAIN BRIDGE BANK, N.A. AND
DEFENDANTS JOHN J. BROUGH AND DAVID M. EVINGER AND THIRD-PARTY
DEFENDANT JPMORGAN CHASE BANK, N.A.'S RULE 26(a)(3)(A)(ii)
DESIGNATIONS OF WITNESSES WHOSE TESTIMONY IS TO BE PRESENTED BY
DEPOSITION
Pursuant to Federal Rules of Civil Procedure 26(a)(3)(B) and 32(a), Plaintiff Blue Flame
Medical LLC ("Plaintiff") respectfully submits the following objections to (1) the Witness List of
Defendant/Third-Party Plaintiff Chain Bridge Bank, N.A. ("Chain Bridge") and Defendants John
J. Brough and David M. Evinger (collectively with Chain Bridge, "Defendants”) (ECF No. 94),
which identifies certain witness testimony that Defendants may seek to present through designated
Case 1:20-cv-00658-LMB-IDD Document 107 Filed 04/29/21 Page 2 of 5 PageID# 843
depositions and otherwise reserves the right to introduce deposition testimony in place of live
testimony, and (2) JPMorgan Chase Bank, N.A.'s ("JPMC") Pretrial Disclosures Concerning
Witnesses (ECF No. 91), in which JPMC reserves the right to call witnesses by deposition.
These objections are made based on information reasonably available to Plaintiff at this
time and stage of the proceedings. As additional information becomes available, Plaintiff reserves
the right to supplement, revise, waive, or otherwise amend these objections, including through
motions in limine and in light of any rulings thereupon. As the parties have not yet designated
specific portions of depositions to be presented at trial, Plaintiff reserves the right to object to any
grounds to any such portions designated by Defendants and/or JPMC. Further, given that both
Defendants and JPMC have reserved the right to call additional witnesses by deposition to the
extent a witness’s circumstances change or a witness becomes unavailable for trial, Plaintiff further
reserves the right to object to any such additional witnesses that Defendants or JPMC may so
designate. Under Federal Rule of Civil Procedure 32(a), Plaintiff objects to Defendants and/or
JPMC presenting witness testimony by deposition to the extent that any designated witness is not
unavailable.
Witness Whose Testimony May Be Objection
Presented by Deposition
Ethan Bearman (January 21, 2021) Fed. R. Evid. 106: Plaintiff objects to any
incomplete portions of Mr. Bearman's
deposition that may confuse the issues or
mislead the jury as to his testimony.
California State Controller's Office 30(b)(6) Fed. R. Evid. 106: Plaintiff objects to any
(Richard Chivaro) (March 4, 2021) incomplete portions of Mr. Chivaro's Rule
30(b)(6) deposition that may confuse the issues
or mislead the jury as to his testimony.
Fed. R. Civ. P. 30(b)(6): Plaintiff objects to
any testimony that exceeds the scope of the
Rule 30(b)(6) topics designated for this
deposition.
2
Case 1:20-cv-00658-LMB-IDD Document 107 Filed 04/29/21 Page 3 of 5 PageID# 844
Witness Whose Testimony May Be Objection
Presented by Deposition
Timothy Coffey (February 11, 2021) Fed. R. Evid. 106: Plaintiff objects to any
incomplete portions of Mr. Coffey's deposition
that may confuse the issues or mislead the jury
as to his testimony.
Natalie Gonzales (January 28, 2021) Fed. R. Evid. 106: Plaintiff objects to any
incomplete portions of Ms. Gonzales's
deposition that may confuse the issues or
mislead the jury as to her testimony.
Michael Gula (January 12, 2021) Fed. R. Evid. 106: Plaintiff objects to any
incomplete portions of Mr. Gula's deposition
that may confuse the issues or mislead the
jury as to his testimony.
Daniel Kim (March 29, 2021) Fed. R. Evid. 106: Plaintiff objects to any
incomplete portions of Mr. Kim's deposition
that may confuse the issues or mislead the jury
as to his testimony.
Rakesh Korpal/JPMC 30(b)(6) (February 9, Fed. R. Evid. 106: Plaintiff objects to any
2021) incomplete portions of Mr. Korpal's individual
and/or Rule 30(b)(6) deposition that may
confuse the issues or mislead the jury as to his
testimony.
Fed. R. Civ. P. 30(b)(6): Plaintiff objects to
testimony that exceeds the scope of the Rule
30(b)(6) topics designated for this deposition.
Mathew Littman (April 12, 2021) Fed. R. Evid. 106: Plaintiff objects to any
incomplete portions of Mr. Littman's
deposition that may confuse the issues or
mislead the jury as to his testimony.
Stephanie Smith (April 12, 2021) Fed. R. Evid. 106: Plaintiff objects to any
incomplete portions of Ms. Smith's deposition
that may confuse the issues or mislead the
jury as to her testimony.
Andrew Sturmfels (February 10, 2021) Fed. R. Evid. 106: Plaintiff objects to any
incomplete portions of Mr. Sturmfels's
deposition that may confuse the issues or
mislead the jury as to his testimony.
John Thomas (January 11, 2021) Fed. R. Evid. 106: Plaintiff objects to any
incomplete portions of Mr. Thomas's
deposition that may confuse the issues or
mislead the jury as to his testimony.
Michael Wong (January 19, 2021) Fed. R. Evid. 106: Plaintiff objects to any
incomplete portions of Mr. Wong's deposition
that may confuse the issues or mislead the
jury as to his testimony.
3
Case 1:20-cv-00658-LMB-IDD Document 107 Filed 04/29/21 Page 4 of 5 PageID# 845
Dated: April 29, 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)
Steven R. Fisher (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
steven.fisher@srz.com
Counsel for Plaintiff Blue Flame Medical LLC
4
Case 1:20-cv-00658-LMB-IDD Document 107 Filed 04/29/21 Page 5 of 5 PageID# 846
CERTIFICATE OF SERVICE
I hereby certify that on this 29th day of April, 2021, I caused the foregoing document
to be filed and served electronically using the Court's CM/ECF system, which automatically sent
a notice of electronic filing to all counsel of record.
Dated: April 29, 2021 /s/ Peter H. White
Peter H. White, Esq. (VSB# 32310)
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 Plaintiff Blue Flame Medical
LLC
File and source
- File
- gov.uscourts.vaed.477405.107.0.pdf
- Size
- 151,291 bytes
- SHA-256
- e19d305bcc360e33c8095165de6e814b071b304a11b525d55cf503c2aec5f2ca
- Original
- PACER (login required)