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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.
)
)
AFFIRMATION OF PETER H. WHITE IN SUPPORT OF PLAINTIFF BLUE FLAME
MEDICAL LLC’S MOTION FOR PARTIAL SUMMARY JUDGMENT
Peter H. White, an attorney duly admitted to practice law before the Eastern District of
Virginia, affirms the following to be true under penalty of perjury:
1. I am a member of the law firm of Schulte Roth & Zabel LLP, attorneys for Plaintiff
Blue Flame Medical (“Plaintiff”). As such, I am fully familiar with the facts and circumstances
surrounding this action.
2. I respectfully submit this affirmation in support of Plaintiff’s Motion for Partial
Summary Judgment.
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3. Annexed hereto as Exhibit 1 is a true and correct copy of excerpts of the transcript
of the January 12, 2021 deposition of Mike Gula.
4. Annexed hereto as Exhibit 2 is a true and correct copy of excerpts of the transcript
of the January 11, 2021 deposition of John Thomas.
5. Annexed hereto as Exhibit 3 is a true and correct copy of excerpts of the transcript
of the January 21, 2021 deposition of Ethan Bearman.
6. Annexed hereto as Exhibit 4 is a true and correct copy of text messages between
John Thomas and Betty Yee (BFM000200119-33).
7. Annexed hereto as Exhibit 5 is a true and correct copy of text messages between
John Thomas and Michael Wong (BFM000200135-44).
8. Annexed hereto as Exhibit 6 is a true and correct copy of excerpts of the transcript
of the March 29, 2021 deposition of Daniel Kim.
9. Annexed hereto as Exhibit 7 is a true and correct copy of a March 23, 2020 email
from John Thomas to Michael Wong et al. re: Medical Supplies Sheet (BFM000066185-86).
10. Annexed hereto as Exhibit 8 is a true and correct copy of a March 24, 2020 email
from John Thomas to Michael Wong et al. re: Medical Supplies Sheet (BFM000116042-100).
11. Annexed hereto as Exhibit 9 is a true and correct copy of a March 24, 2020 email
from John Thomas to Michael Wong re: Medical Supplies Sheet (BFM000116128-34).
12. Annexed hereto as Exhibit 10 is a true and correct copy of a March 24, 2020 email
from Jennifer McNary to Michael Wong et al. re: Medical Supplies Sheet (DGS5563-67).
13. Annexed hereto as Exhibit 11 is a true and correct copy of a March 24, 2020 email
from John Thomas to Michael Wong re: Medical Supplies Sheet (BFM000110967-79).
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14. Annexed hereto as Exhibit 12 is a true and correct copy of a March 25, 2020 email
from John Thomas to Michael Wong re: Invoice (BFM000111121-22).
15. Annexed hereto as Exhibit 13 is a true and correct copy of a March 25, 2020 email
from Fee Chang to Monica Cuellar et al. re: Email Chain Restored w/ All Who Need to Know
(DGS0212-26).
16. Annexed hereto as Exhibit 14 is a true and correct copy of a March 25, 2020 email
from John Thomas to Michael Wong re: Invoice (BFM000111148-50).
17. Annexed hereto as Exhibit 15 is a true and correct copy of text messages between
John Thomas and Mike Gula and Henry Huang (BFM000212703-33).
18. Annexed hereto as Exhibit 16 is a true and correct copy of text messages between
John Thomas and Michael Wong and Daniel Kim (BFM000129957-60).
19. Annexed hereto as Exhibit 17 is a true and correct copy of a March 25, 2020 State
of California – General Services Procurement Division – Purchasing Authority Purchase Order
(DGS2491-95).
20. Annexed hereto as Exhibit 18 is a true and correct copy of excerpts of the transcript
of the January 19, 2021 deposition of Michael Wong.
21. Annexed hereto as Exhibit 19 is a true and correct copy of a March 25, 2020
Purchase Order from Blue Flame Medical LLC to Suuchi Inc. (BFM000116424-25).
22. Annexed hereto as Exhibit 20 is a true and correct copy of a March 26, 2020 email
from Henry Huang to Mike Gula re: Attachment Order 002 Revise (BFM000013610-11).
23. Annexed hereto as Exhibit 21 is a true and correct copy of a March 24, 2020
Product Reseller Agreement between Blue Flame Medical LLC and Great Health Companion
Group Ltd. (BFM000072920-31).
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24. Annexed hereto as Exhibit 22 is a true and correct copy of a March 25, 2020
Product Reseller Agreement between Blue Flame Medical LLC and Suuchi, Inc.
(BFM000001541-51).
25. Annexed hereto as Exhibit 23 is a true and correct copy of a March 25, 2020 Blue
Flame Medical Account Agreement (CBB00000555-56). This exhibit has been redacted pursuant
to Fed. R. Civ. P. 5.2.
26. Annexed hereto as Exhibit 24 is a true and correct copy of a March 25, 2020 email
from Maria Cole to Mike Gula re: Wire (CBB00001781-84). This exhibit has been redacted
pursuant to Fed. R. Civ. P. 5.2.
27. Annexed hereto as Exhibit 25 is a true and correct copy of a March 25, 2020 email
from Mike Gula to Maria Cole re: NEW Business Account Needed (CBB00001514-17).
28. Annexed hereto as Exhibit 26 is a true and correct copy of excerpts of the transcript
of the January 22, 2021 deposition of Heather Schoeppe.
29. Annexed hereto as Exhibit 27 is a true and correct copy of a March 25, 2020 email
from Maria Cole to Mike Gula re: Wire (CBB00003573-74).
30. Annexed hereto as Exhibit 28 is a placeholder for a true and correct copy of a
recording of a March 25, 2020 telephonic conversation between Mike Gula and Heather Schoeppe
(CBB00002795), which will be provided pursuant to the Court’s May 5, 2021 Order Granting
Consent Motion for Leave to File Audio Files (ECF No. 111).
31. Annexed hereto as Exhibit 29 is a true and correct copy of a March 25, 2020 email
from Heather Schoeppe to Mike Richardson re: Blue Flame Medical Incoming Wire 450 Million
(CBB00000853-56).
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32. Annexed hereto as Exhibit 30 is a placeholder for a true and correct copy of a
recording of a March 25, 2020 telephonic conversation between Heather Schoeppe and Joanna
Williamson (CBB00002797 ), which will be provided pursuant to the Court’s May 5, 2021 Order
Granting Consent Motion for Leave to File Audio Files (ECF No. 111), and which will be filed
under seal due to its designation as “confidential” by the producing party pursuant to the Amended
Stipulated Confidentiality Agreement and Protective Order filed in this action on November 17,
2020 (ECF No. 68).
33. Annexed hereto as Exhibit 31 is a true and correct copy of excerpts of the transcript
of the April 11, 2021 deposition of Joanna Williamson.
34. Annexed hereto as Exhibit 32 is a placeholder for a true and correct copy of a
recording of a March 25, 2020 telephonic conversation between John Brough, David Evinger,
and Heather Schoeppe (CBB00002798), which will be provided pursuant to the Court’s May 5,
2021 Order Granting Consent Motion for Leave to File Audio Files (ECF No. 111).
35. Annexed hereto as Exhibit 33 is a true and correct copy of excerpts of the transcript
of the January 29, 2021 deposition of David Evinger.
36. Annexed hereto as Exhibit 34 is a true and correct copy of March 25, 2020
handwritten notes produced by Chain Bridge Bank (CBB00004445).
37. Annexed hereto as Exhibit 35 is a true and correct copy of excerpts of the transcript
of the February 2, 2021 deposition of John Brough
38. Annexed hereto as Exhibit 36 is a true and correct copy of March 25, 2020
handwritten notes produced by Chain Bridge Bank (CBB00004442-44).
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39. Annexed hereto as Exhibit 37 is a true and correct copy of a March 25, 2020 email
from Mike Gula to John Brough et al re: Contact Info (BFM000013445-48). This exhibit has
been redacted pursuant to Fed. R. Civ. P. 5.2.
40. Annexed hereto as Exhibit 38 is a true and correct copy of a March 25, 2020 email
from Mike Gula to David Evinger et al. re: Screenshot 2020-03-25 at 6.26.08 PM
(CBB00002699-700).
41. Annexed hereto as Exhibit 39 is a true and correct copy of a March 25, 2020 email
from Heather Schoeppe to John Brough et al. re: Blue Flame Medical Incoming Wire 450 Million
(CBB00000761-63).
42. Annexed hereto as Exhibit 40 is a placeholder for a true and correct copy of a
recording of a March 26, 2020 telephonic conversation between John Thomas and Maria Cole
(CBB00002786), which will be provided pursuant to the Court’s May 5, 2021 Order Granting
Consent Motion for Leave to File Audio Files (ECF No. 111).
43. Annexed hereto as Exhibit 41 is a true and correct copy of a March 26, 2020 email
from Ana Prieto to Natalie Gonzales et al. re: 03/26/20 Large Outgoing Wire (JPMC-0000027-
28).
44. Annexed hereto as Exhibit 42 is a true and correct copy of excerpts of the transcript
of the January 28, 2021 deposition of Natalie Gonzales.
45. Annexed hereto as Exhibit 43 is a true and correct copy of a March 26, 2020 email
from Jenifer Robinson to Rakesh Korpal re: Expedite Review/Approval Held Payment >=
$50MM USD Client (JPMC-00000084-88). This exhibit has been redacted pursuant to Fed. R.
Civ. P. 5.2.
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46. Annexed hereto as Exhibit 44 is a true and correct copy of excerpts of the transcript
of the February 9, 2021 deposition of Rakesh Korpal, corporate representative of Third-Party
Defendant JPMorgan Chase Bank, N.A.
47. Annexed hereto as Exhibit 45 is a true and correct copy of a March 26, 2020
Fedwire Funds Processor Message (CBB00002779). This exhibit has been redacted pursuant to
Fed. R. Civ. P. 5.2.
48. Annexed hereto as Exhibit 46 is a true and correct copy of a document titled Wire
Transfers – Display 03/26/2020 10:41AM (CBB00002649). This exhibit has been redacted
pursuant to Fed. R. Civ. P. 5.2.
49. Annexed hereto as Exhibit 47 is a true and correct copy of excerpts of the transcript
of the January 26, 2021 deposition of Claudia Mojica-Guadron.
50. Annexed hereto as Exhibit 48 is a true and correct copy of a March 26, 2020 email
from Heather Schoeppe to John Brough et al. re: Contact Info (CBB00002673-77). This exhibit
has been redacted pursuant to Fed. R. Civ. P. 5.2.
51. Annexed hereto as Exhibit 49 is a true and correct copy of the Rebuttal Expert
Report of Sean O’Malley on Behalf of Plaintiff Blue Flame Medical LLC, dated March 12, 2021.
52. Annexed hereto as Exhibit 50 is a true and correct copy of a March 26, 2020 email
from Chain Bridge Bank N.A. Wire Department to Mike Gula re: Incoming Wire Confirmation
[Send Secure] (CBB00001938-39).
53. Annexed hereto as Exhibit 51 is a placeholder for a true and correct copy of a
recording of a March 26, 2020 telephonic conversation between David Evinger and Fee Chang
(CBB00002543), which will be provided pursuant to the Court’s May 5, 2021 Order Granting
Consent Motion for Leave to File Audio Files (ECF No. 111).
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54. Annexed hereto as Exhibit 52 is a placeholder for a true and correct copy of a
recording of a March 26, 2020 telephonic conversation between John Thomas and Maria Cole
(CBB00002788), which will be provided pursuant to the Court’s May 5, 2021 Order Granting
Consent Motion for Leave to File Audio Files (ECF No. 111).
55. Annexed hereto as Exhibit 53 is a true and correct copy of a March 26, 2020 call
log between Maria Cole and John Thomas (CBB00004437).
56. Annexed hereto as Exhibit 54 is a true and correct copy of a March 26, 2020 email
from Maria Cole to John Thomas et al. re: Wire Request Form (CBB00001725-26).
57. Annexed hereto as Exhibit 55 is a true and correct copy of a March 26, 2020 email
from Maria Cole to Mike Richardson et al. re: Blue Flame Medical Incoming Wire 450 Million
(CBB00000971-80).
58. Annexed hereto as Exhibit 56 is a true and correct copy of a March 26, 2020 email
from Ethan Bearman to Maria Cole et al. re: Blue Flame Medical LLC – Wire Transfer
(CBB00001385). This exhibit has been redacted pursuant to Fed. R. Civ. P. 5.2.
59. Annexed hereto as Exhibit 57 is a true and correct copy of a March 26, 2020 email
from John Thomas to Ethan Bearman et al. re: Blue Flame Medical LLC - Wire Transfer
(BFM000116678-79). This exhibit has been redacted pursuant to Fed. R. Civ. P. 5.2.
60. Annexed hereto as Exhibit 58 is a true and correct copy of a March 26, 2020 email
from John Brough to Peter Fitzgerald re: $450 Million Wire Came In (CBB00002731-34).
61. Annexed hereto as Exhibit 59 is a true and correct copy of a March 26, 2020 email
from John Brough to Maria Cole et al. re: Blue Flame Medical Incoming Wire 450 Million
(CBB00000661-71).
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62. Annexed hereto as Exhibit 60 is a true and correct copy of a SilverLake
Maintenance History for Blue Flame Medical Account (CBB00004468). This exhibit has been
redacted pursuant to Fed. R. Civ. P. 5.2.
63. Annexed hereto as Exhibit 61 is a true and correct copy of a March 26, 2020 email
from John Brough to Jennifer Lincoln et al. re: Incoming Large Wire (CBB00000748). This
exhibit has been redacted pursuant to Fed. R. Civ. P. 5.2.
64. Annexed hereto as Exhibit 62 is a true and correct copy of a March 26, 2020 Chain
Bridge Bank Call Log (CBB00004323-62).
65. Annexed hereto as Exhibit 63 is a true and correct copy of excerpts of the transcript
of the February 11, 2021 deposition of Timothy Coffey.
66. Annexed hereto as Exhibit 64 is a placeholder for a true and correct copy of a
recording of a March 26, 2020 telephonic conversation between Rakesh Korpal, John Brough,
and David Evinger (CBB00002541), which will be provided pursuant to the Court’s May 5, 2021
Order Granting Consent Motion for Leave to File Audio Files (ECF No. 111).
67. Annexed hereto as Exhibit 65 is a placeholder for a true and correct copy of a
recording of a March 26, 2020 voicemail from Fee Chang to David Evinger (CBB00000707),
which will be provided pursuant to the Court’s May 5, 2021 Order Granting Consent Motion for
Leave to File Audio Files (ECF No. 111).
68. Annexed hereto as Exhibit 66 is a true and correct copy of a March 26, 2020 email
from Natalie Gonzales to Fee Chang et al. re: Urgent - Request Call From CEO/President of Chain
Bridge Bank (DGS4006-30).
69. Annexed hereto as Exhibit 67 is a true and correct copy of a March 25, 2020-March
26, 2020 Timeline (CBB00004463-67).
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70. Annexed hereto as Exhibit 68 is a placeholder for a true and correct copy of a
recording of a March 26, 2020 telephonic conversation between Rakesh Korpal, John Brough,
and David Evinger (CBB00002544), which will be provided pursuant to the Court’s May 5, 2021
Order Granting Consent Motion for Leave to File Audio Files (ECF No. 111).
71. Annexed hereto as Exhibit 69 is a placeholder for a true and correct copy of a
recording of a March 26, 2020 telephonic conversation between David Evinger, John Brough,
Claudia Mojica-Guadron, and Thais Ribeiro (CBB00002789), which will be provided pursuant
to the Court’s May 5, 2021 Order Granting Consent Motion for Leave to File Audio Files (ECF
No. 111).
72. Annexed hereto as Exhibit 70 is a true and correct copy of a document titled Wire
Transfers – Open – Display 03/26/2020 1:45 PM (CBB00002651-52).
73. Annexed hereto as Exhibit 71 is a true and correct copy of a March 26, 2020 email
from Mike Gula to John Thomas et al. re: FW: Contact Info (BFM000074101-06).
74. Annexed hereto as Exhibit 72 is a true and correct copy of a March 26, 2020 email
from Suuchi Ramesh to Mike Gula et al. re: Part number verification of N95 (BFM000116661-
2).
75. Annexed hereto as Exhibit 73 is a true and correct copy of a March 26, 2020 email
from Heather Schoeppe to Thais Ribeiro re: Please Close BlueFlame Accounts (CBB00000815-
17).
76. Annexed hereto as Exhibit 74 is a true and correct copy of a March 26, 2020
Fedwire Funds Processor Message (CBB00002781). This exhibit has been redacted pursuant to
Fed. R. Civ. P. 5.2.
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77. Annexed hereto as Exhibit 75 is a true and correct copy of a document titled Wire
Transfers – Display 03/26/2020 02:59PM (CBB00002653-54). This exhibit has been redacted
pursuant to Fed. R. Civ. P. 5.2.
78. Annexed hereto as Exhibit 76 is a true and correct copy of a March 26, 2020 email
from Andrew Sturmfels to Karen Greene Ross et al. re: Email Chain Restored w/ All Who Need
to Know (SCO0221-45).
79. Annexed hereto as Exhibit 77 is a true and correct copy of a March 26, 2020 email
from Andrew Sturmfels to Karen Greene Ross et al. re: Email Chain Restored w/ All Who Need
to Know (SCO0131-56).
80. Annexed hereto as Exhibit 78 is a true and correct copy of a Chain Bridge Bank
GL History Print (CBB00002529-36). This exhibit has been redacted pursuant to Fed. R. Civ. P.
5.2.
81. Annexed hereto as Exhibit 79 is a true and correct copy of a March 26, 2020 email
from David Evinger to John Brough et al re: Message from JPMorgan Chase – Large Incoming
Wire (CBB00000791-94).
82. Annexed hereto as Exhibit 80 is a true and correct copy of excerpts of the transcript
of the April 9, 2021 deposition of Charles Grice.
83. Annexed hereto as Exhibit 81 is a true and correct copy of a document titled Terms
and Conditions of Your Account from Chain Bridge Bank (CBB00002765-78).
84. Annexed hereto as Exhibit 82 is a true and correct copy of excerpts of the transcript
of the April 5, 2021 deposition of Teresa Pesce.
85. Annexed hereto as Exhibit 83 is a true and correct copy of excerpts of the transcript
of the April 6, 2021 deposition of Sean O’Malley.
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86. Annexed hereto as Exhibit 84 is a true and correct copy of a May 9, 2020 email
from Mike Gula to Brielle Appelbaum re: My memory of the call with Chain Bridge Bank
(BFM000137279-80).
Dated : Washington, D.C.
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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