Motion for Partial Summary Judgment — Blue Flame Medical LLC v. Chain Bridge Bank (E.D. Va., Dkt. 127)

Summary

Plaintiff Blue Flame Medical LLC's motion for partial summary judgment 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, U.S. District Court for the Eastern District of Virginia, Alexandria Division, before The Honorable Leonie Brinkema, dated May 6, 2021 and filed as Document 127. Chain Bridge Bank has brought a third-party claim against JPMorgan Chase Bank, N.A. in the case. Blue Flame seeks partial summary judgment on the defendants' liability, but not damages, on its claims under Sections 4A-404(a) and 4A-204(a) of the Uniform Commercial Code, as incorporated by Federal Reserve Board Regulation J, and for tortious interference with contract and business expectancy. The motion is signed /s/ Peter H. White of Schulte Roth & Zabel LLP.

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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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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 BLUE FLAME MEDICAL LLC’S
MOTION FOR PARTIAL SUMMARY JUDGMENT

Pursuant to Federal Rule of Civil Procedure 56 and Local Rules 7 and 56 of this Court,
Plaintiff Blue Flame Medical LLC (“Blue Flame”) respectfully moves the Court for entry of an
Order granting partial summary judgment in its favor.  Specifically, Blue Flame moves for partial
summary judgment as to Defendants’ liability, but not as to Blue Flame’s damages, on its claims
under Sections 4A-404(a) and 4A-204(a) of the Uniform Commercial Code, as incorporated by
Federal Reserve Board Regulation J, and on its claims for tortious interference with contract and
with business expectancy.  Blue Flame plans to establish the amount of its damages at trial.
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For the reasons set forth in the accompanying memorandum of law, there is no genuine
dispute as to any material fact bearing on Defendants’ liability, and Blue Flame is entitled to
judgment on the liability elements of its claims as a matter of law.  Accordingly, Blue Flame asks
the Court to grant partial summary judgment in its favor.

This motion is based on Blue Flame’s accompanying Memorandum of Law; the
Affirmation of Peter H. White and the exhibits annexed thereto; all pleadings and other documents
on file in this action; and on such other matters as may be presented to the Court at the time of the
hearing.

Dated: May 6, 2021

Respectfully submitted,

/s/ Peter H. White

Peter H. White (VA Bar No. 32310)
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

Counsel for Plaintiff Blue Flame Medical LLC
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CERTIFICATE OF SERVICE

I hereby certify that on this 6th day of May, 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: May 6, 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 Blue Flame Medical LLC

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