Full text
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
CHAIN BRIDGE BANK, N.A,
Third-Party Plaintiff,
v.
JPMORGAN CHASE BANK, N.A.,
Third-Party Defendant.
THIRD-PARTY PLAINTIFF CHAIN BRIDGE BANK, N.A.’S
MOTION FOR SUMMARY JUDGMENT AGAINST
THIRD-PARTY DEFENDANT JPMORGAN CHASE BANK, N.A.
In accordance with Federal Rule of Civil Procedure 56, Third-Party Plaintiff Chain Bridge
Bank, N.A. moves for summary judgment against Third-Party Defendant JPMorgan Chase Bank,
N.A. Third-Party Plaintiff requests partial summary judgment with respect to liability on Count I
of its Third-Party Complaint and entry of a declaratory judgment in its favor on Count II of its
Third-Party Complaint, or, in the alternative, partial summary judgment with respect to liability
on Count III of its Third-Party Complaint. In accordance with this Court’s Local Civil Rule
Case 1:20-cv-00658-LMB-IDD Document 122 Filed 05/06/21 Page 1 of 3 PageID#
1326
2
7(F)(1), Third-Party Plaintiff sets forth the authority supporting its motion in the accompanying
memorandum.
As required by this Court’s order dated September 24, 2020 (Dkt. No. 37) and Local Civil
Rule 7(E), counsel for Third-Party Plaintiff and Third-Party Defendant met and conferred by
telephone regarding this motion, but were unable to narrow the areas of disagreement.
WHEREFORE, Chain Bridge Bank, N.A. respectfully requests that this Court (a) enter
partial summary judgment in its favor with respect to liability on Count I and enter a declaratory
judgment in its favor on Count II of the Third-Party Complaint; or (b) in the alternative, enter
partial summary judgment in its favor with respect to liability on Count III of the Third-Party
Complaint.
Date: May 6, 2021
Respectfully submitted,
/s/ Donald Burke
Donald Burke (VA Bar No. 76550)
ROBBINS, RUSSELL, ENGLERT, ORSECK
& UNTEREINER LLP
2000 K Street, NW, 4th Floor
Washington, D.C. 20006
Tel: (202) 775-4500
Fax: (202) 775-4510
dburke@robbinsrussell.com
Counsel for Third-Party Plaintiff
Case 1:20-cv-00658-LMB-IDD Document 122 Filed 05/06/21 Page 2 of 3 PageID#
1327
CERTIFICATE OF SERVICE
I hereby certify that on May 6, 2021, 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. (VA Bar No. 32310)
SCHULTE ROTH & ZABEL LLP
901 Fifteenth Street, NW, Suite 800
Washington, DC 20005
Phone: (202) 729-7476
Fax: (202) 730-4520
Email: peter.white@srz.com
Counsel for Plaintiff
Meredith K. Loretta, Esq. (VA Bar No. 92369)
WILMER CUTLER PICKERING HALE &
DORR LLP
1875 Pennsylvania Avenue NW
Washington, DC 20006
Phone: (212) 663-6981
Email: meredith.loretta@wilmerhale.com
Counsel for Third-Party Defendant
/s/ Donald Burke
Donald Burke (VA Bar No. 76550)
ROBBINS, RUSSELL, ENGLERT, ORSECK
& UNTEREINER LLP
2000 K Street, NW, 4th Floor
Washington, DC 20006
Telephone: (202) 775-4500
Facsimile: (202) 775-4510
dburke@robbinsrussell.com
Counsel for Third-Party Plaintiff
Case 1:20-cv-00658-LMB-IDD Document 122 Filed 05/06/21 Page 3 of 3 PageID#
1328