Subject to Protective Order — Blue Flame Medical LLC v. Chain Bridge Bank, N.A., et al., No. 1:20-cv-00658

Source document: Subject to Protective Order — Blue Flame Medical LLC v. Chain Bridge Bank, N.A., et al., No. 1:20-cv-00658; document type: Discovery response (interrogatory answers), filed as litigation exhibit.

Full text

EXHIBIT 82

Case 1:20-cv-00658-LMB-IDD     Document 131-17     Filed 05/07/21     Page 1 of 35
PageID# 2091

CONFIDENTIAL –
SUBJECT TO PROTECTIVE ORDER

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.
)

)

Counterclaim Plaintiff,
)

)
v.

)

)
BLUE FLAME MEDICAL, LLC
)

)

Counterclaim Defendant.
)

)

PLAINTIFF’S RESPONSES TO DEFENDANTS' FIRST SET OF
INTERROGATORIES TO BLUE FLAME MEDICAL LLC

Pursuant to Federal Rules of Civil Procedure 26 and 33 and Local Civil Rule 26
of the United States District Court for the Eastern District of Virginia, Plaintiff Blue Flame
Medical LLC (“Plaintiff” or “Blue Flame Medical”), by its undersigned attorneys, hereby
responds to Defendants’ First Set of Interrogatories, dated September 10, 2020 (each
interrogatory therein, individually, an “Interrogatory” and collectively, the “Interrogatories”).
Plaintiff hereby incorporates each of its General Objections and Specific Objections to the
Case 1:20-cv-00658-LMB-IDD     Document 131-17     Filed 05/07/21     Page 2 of 35
PageID# 2092

CONFIDENTIAL –
SUBJECT TO PROTECTIVE ORDER

2
Interrogatories, as set forth in Plaintiff’s Objections to Defendants’ First Set of Interrogatories to
Plaintiff Blue Flame Medical LLC, previously served on September 25, 2020 (the “Objections”).
RESPONSES
Subject to the General Objections and Specific Objections stated for each of the
Interrogatories in Plaintiff’s Objections, each of which is hereby incorporated by reference into
each of the Responses that follow, Plaintiff sets forth its responses to each of the Interrogatories
as follows:
INTERROGATORY NO. 1:
Identify all persons with knowledge of the Wire Transfer and describe the nature of their
role and knowledge.
RESPONSE TO INTERROGATORY NO. 1:
Plaintiff is aware of the following persons with knowledge of the Wire Transfer and the
nature of their current role and knowledge:
• John J. Brough, Chief Executive Officer and Member of the Board of Directors of
Chain Bridge Bank, N.A. (“Chain Bridge Bank”):  Based on his conversation with
Mr. Gula on March 25, 2020, Mr. Brough was aware of the circumstances,
amount, and purpose of the Wire Transfer; the underlying agreement between
Blue Flame Medical and the State of California (“California” or the “State”) for
the purchase of 100 million N95 masks associated with the Wire Transfer; and
Blue Flame Medical’s need to promptly wire funds received through the Wire
Transfer to secure N95 masks for California’s order.  Upon information and
belief, Mr. Brough was also aware of Chain Bridge Bank’s acceptance of the
payment order associated with the Wire Transfer; the crediting of the funds to
Blue Flame’s account, California’s request that the funds be returned that was
triggered by Mr. Brough and Mr. Evinger’s discussion(s) with California
representatives on March 26, 2020; Chain Bridge Bank’s decision to return the
funds associated with the Wire Transfer in response to that request; and the
financial and regulatory implications of Chain Bridge Bank’s receipt of the funds
associated with the Wire Transfer.
• David M. Evinger, President, Chief Credit Officer, Secretary, and Member of the
Board of Directors of Chain Bridge Bank:  Same as Mr. Brough.
• Maria Cole, Assistant Vice President and Commercial Relationship Manager,
Chain Bridge Bank:  Based on her communications with Mr. Gula, Mr. Thomas,
Case 1:20-cv-00658-LMB-IDD     Document 131-17     Filed 05/07/21     Page 3 of 35
PageID# 2093

CONFIDENTIAL –
SUBJECT TO PROTECTIVE ORDER

3
and Mr. Bearman on March 24-26, 2020, Ms. Cole was aware of the
circumstances, amount, and purpose of the Wire Transfer and Blue Flame
Medical’s need to promptly wire funds received through the Wire Transfer to
secure N95 masks for California’s order.  Ms. Cole also is aware of Chain Bridge
Bank’s representations on March 26, 2020 that the funds associated with the Wire
Transfer had been received by Chain Bridge Bank and that such funds were
available in Blue Flame Medical’s account; and Blue Flame Medical’s request to
wire funds received through the Wire Transfer to one of its suppliers following
those confirmations.
• Michael C. Gula, Chief Executive Officer of Blue Flame Medical:  Mr. Gula is
aware of the circumstances, amount, and purpose of the Wire Transfer; the
underlying agreement between Blue Flame Medical and the State of California for
the purchase of 100 million N95 masks associated with the Wire Transfer and
negotiations with the State in connection therewith; and Blue Flame Medical’s
need to promptly wire funds received through the Wire Transfer to secure N95
masks for California’s order.  Mr. Gula also is aware of his discussions with Mr.
Brough and Mr. Evinger regarding the Wire Transfer; the fact that the funds
associated with the Wire Transfer appeared in Blue Flame Medical’s account on
Chain Bridge Bank’s website; and Chain Bridge Bank’s representations on March
26, 2020 that the funds associated with the Wire Transfer had been received by
Chain Bridge Bank and that such funds were available in Blue Flame Medical’s
account.
• John S. Thomas, President of Blue Flame Medical:  Mr. Thomas is aware of the
circumstances, amount, and purpose of the Wire Transfer; the underlying
agreement between Blue Flame Medical and the State of California for the
purchase of 100 million N95 masks associated with the Wire Transfer and
negotiations with the State in connection therewith; and Blue Flame Medical’s
need to promptly wire funds received through the Wire Transfer to secure N95
masks for California’s order.  Mr. Thomas also is aware of his discussions with
Ms. Cole regarding the Wire Transfer; Chain Bridge Bank’s representations on
March 26, 2020 that the funds associated with the Wire Transfer had been
received by Chain Bridge Bank and that such funds were available in Blue Flame
Medical’s account; and Blue Flame Medical’s request to wire funds received
through the Wire Transfer to one of its suppliers following those confirmations.
• Ethan Bearman, Chief Legal Officer of Blue Flame Medical:  Mr. Bearman is
aware of the circumstances, amount, and purpose of the Wire Transfer; the
underlying agreement between Blue Flame Medical and the State of California for
the purchase of 100 million N95 masks associated with the Wire Transfer and
negotiations with the State in connection therewith; and Blue Flame Medical’s
need to promptly wire funds received through the Wire Transfer to secure N95
masks for California’s order.  Mr. Bearman is also aware of Blue Flame
Medical’s request to wire funds received through the Wire Transfer to one of its
suppliers on March 26, 2020 following Chain Bridge Bank’s confirmations that
Case 1:20-cv-00658-LMB-IDD     Document 131-17     Filed 05/07/21     Page 4 of 35
PageID# 2094

CONFIDENTIAL –
SUBJECT TO PROTECTIVE ORDER

4
the funds associated with the Wire Transfer had been received by Chain Bridge
Bank and that such funds were available in Blue Flame Medical’s account.
• Marc Serrio, Chief Financial Officer, Blue Flame Medical:  Mr. Serrio has
become aware of the circumstances, amount, and purpose of the Wire Transfer;
the underlying agreement between Blue Flame Medical and the State of
California for the purchase of 100 million N95 masks associated with the Wire
Transfer and negotiations with the State in connection therewith; and Blue Flame
Medical’s need to promptly wire funds received through the Wire Transfer to
secure N95 masks for California’s order.
• Paris Pope, Salesperson, Blue Flame Medical:  Same as Mr. Serrio.
• Clare Cuddy, Gula Graham:  Ms. Cuddy is aware of the circumstances, amount,
and purpose of the Wire Transfer, as well as the fact that the funds associated with
the Wire Transfer appeared in Blue Flame Medical’s account on Chain Bridge
Bank’s website.
• Mathew Littman, Public Affairs Consultant:  Mr. Littman is aware of the
circumstances, amount, and purpose of the Wire Transfer; the underlying
agreement between Blue Flame Medical and the State of California for the
purchase of 100 million N95 masks associated with the Wire Transfer; and
negotiations with the State in connection therewith.
• Betty Yee, Controller of the State of California:  Ms. Yee is aware of the
circumstances, amount, and purpose of the Wire Transfer; the underlying
agreement between Blue Flame Medical and the State of California for the
purchase of 100 million N95 masks associated with the Wire Transfer and
negotiations with the State in connection therewith; and Blue Flame Medical’s
need to receive prepayment in order to secure the N95 masks ordered by the State.
• Fiona Ma, Treasurer of the State of California:  Upon information and belief, Ms.
Ma is aware of the circumstances, amount, and purpose of the Wire Transfer; the
underlying agreement between Blue Flame Medical and the State of California for
the purchase of 100 million N95 masks associated with the Wire Transfer and
negotiations with the State in connection therewith; and Blue Flame Medical’s
need to receive prepayment in order to secure the N95 masks ordered by the State
of California.  Upon information and belief, Ms. Ma also is aware of the State’s
request that the funds be returned that was triggered by Mr. Brough and Mr.
Evinger’s discussion(s) with representatives of the State on March 26, 2020.
• Mark Hariri, Director of the Centralized Treasury and Securities Management
Division, California State Treasurer’s Office:  Same as Ms. Ma.
• Andre Rivera, Assistant Director of the Centralized Treasury and Securities
Management Division, California State Treasurer’s Office:  Same as Ms. Ma.
Case 1:20-cv-00658-LMB-IDD     Document 131-17     Filed 05/07/21     Page 5 of 35
PageID# 2095

CONFIDENTIAL –
SUBJECT TO PROTECTIVE ORDER

5
• Natalie Gonzales, Manager, Financial Services Section, Centralized Treasury and
Securities Management Division, California State Treasurer’s Office:  Same as
Ms. Ma.
• Daniel Kim, Director of the California Department of General Services (“DGS”):
Mr. Kim is aware of the circumstances, amount, and purpose of the Wire
Transfer; the State of California’s vetting of Blue Flame Medical as a prospective
government contractor in connection with the Wire Transfer; the underlying
agreement between Blue Flame Medical and the State of California for the
purchase of 100 million N95 masks associated with the Wire Transfer and
negotiations with the State in connection therewith; and Blue Flame Medical’s
need to receive prepayment in order to secure the N95 masks ordered by the State.
Upon information and belief, Mr. Kim also is aware of California’s request that
the funds be returned that was triggered by Mr. Brough and Mr. Evinger’s
discussion(s) with representatives of the State on March 26, 2020.
• Michael Wong, Contracts Administrator, California DGS:  Same as Mr. Kim.
• Andrew Sturmfels, Deputy Director for Administration, California DGS:  Upon
information and belief, Mr. Sturmfels is aware of the circumstances, amount, and
purpose of the Wire Transfer; the State of California’s vetting of Blue Flame
Medical as a prospective government contractor in connection with the Wire
Transfer; the underlying agreement between Blue Flame Medical and the State of
California for the purchase of 100 million N95 masks associated with the Wire
Transfer and negotiations with the State in connection therewith; and Blue Flame
Medical’s need to receive prepayment in order to secure the N95 masks ordered
by the State.  Upon information and belief, Mr. Sturmfels also is aware of
California’s request that the funds be returned that was triggered by Mr. Brough
and Mr. Evinger’s discussion(s) with representatives of the State on March 26,
2020.
• Fee Chang, Chief Accounting Officer, Office of Fiscal Services, California DGS:
Same as Mr. Sturmfels.
• Bill Simonson, Emergency Manager, California DGS:  Same as Mr. Sturmfels.
• Abigail Browning, Chief, Office of Private Sector/NGO Coordination, State of
California Governor’s Office of Emergency Services:  Ms. Browning is aware of
the circumstances, amount, and purpose of the Wire Transfer; the State of
California’s vetting of Blue Flame Medical as a prospective government
contractor in connection with the Wire Transfer; and the underlying agreement
between Blue Flame Medical and the State of California for the purchase of 100
million N95 masks associated with the Wire Transfer and negotiations with the
State in connection therewith.
• Suuchi Ramesh, Founder and Chief Executive Officer, Suuchi, Inc.:  Ms. Ramesh
is aware of the circumstances of the Wire Transfer; the underlying agreement
Case 1:20-cv-00658-LMB-IDD     Document 131-17     Filed 05/07/21     Page 6 of 35
PageID# 2096

CONFIDENTIAL –
SUBJECT TO PROTECTIVE ORDER

6
between Blue Flame Medical and the State of California for the purchase of 100
million N95 masks associated with the Wire Transfer; and Blue Flame’s intention
to wire funds received through the Wire Transfer to secure the N95 masks ordered
by the State on March 26, 2020.
• Henry Huang, Founder and Chairman, Great Health Companion Group:  Mr.
Huang is aware of the circumstances of the Wire Transfer; the underlying
agreement between Blue Flame Medical and the State of California for the
purchase of 100 million N95 masks associated with the Wire Transfer; and Blue
Flame’s intention to wire funds received through the Wire Transfer to secure the
N95 masks ordered by the State.
• Unidentified representatives of JPMorgan Chase Bank:  Upon information and
belief, certain representatives of JPMorgan Chase Bank unknown at this time to
Blue Flame Medical were aware of the circumstances, amount, and purpose of the
Wire Transfer; Chain Bridge Bank’s acceptance of the payment order associated
with the Wire Transfer; the State of California’s request that the funds be returned
that was triggered by Mr. Brough and Mr. Evinger’s discussion(s) with
representatives of the State on March 26, 2020; and Chain Bridge Bank’s decision
to return the funds associated with the Wire Transfer in response to that request.
In addition to the persons identified above, Plaintiff is aware that outside counsel for Blue
Flame Medical and Defendants in this litigation have become aware of the Wire Transfer, as
have various reporters that have published news articles regarding the Wire Transfer, including
those cited in documents filed in this Action.
INTERROGATORY NO. 2:
Identify all persons with knowledge of Blue Flame Medical’s actual or potential contract,
agreement, order, invoice, or other business arrangement to deliver N95 masks or other PPE to
the State of California, or any officer, unit, or subdivision thereof, and describe the nature of
their role and knowledge.
RESPONSE TO INTERROGATORY NO. 2:
Plaintiff is aware of the following persons with knowledge of Blue Flame Medical’s
actual or potential contracts, agreements, orders, or other business arrangement to deliver N95
masks or other personal protective equipment (“PPE”) to the State of California, or any officer,
unit, or subdivision thereof, and the nature of their current role and knowledge:
Case 1:20-cv-00658-LMB-IDD     Document 131-17     Filed 05/07/21     Page 7 of 35
PageID# 2097

CONFIDENTIAL –
SUBJECT TO PROTECTIVE ORDER

7
• John J. Brough, Chief Executive Officer and Member of the Board of Directors of
Chain Bridge Bank:  Based on his conversation with Mr. Gula on March 25,
2020, Mr. Brough was aware of Blue Flame Medical’s contract to sell 100 million
N95 masks to the State, as well as the fact that Blue Flame Medical was engaged
in discussions to sell additional PPE to the State.
• David M. Evinger, President, Chief Credit Officer, Secretary, and Member of the
Board of Directors of Chain Bridge Bank:  Same as Mr. Brough.
• Maria Cole, Assistant Vice President and Commercial Relationship Manager,
Chain Bridge Bank:  Based on her communications with Mr. Gula, Mr. Thomas,
and Mr. Bearman on March 24-26, 2020, Ms. Cole was aware of Blue Flame
Medical’s contract to sell 100 million N95 masks to the State.
• Michael C. Gula, Chief Executive Officer of Blue Flame Medical:  Mr. Gula is
aware of Blue Flame Medical’s contract to sell 100 million N95 masks to the
State, as well as negotiations between Blue Flame Medical and the State to supply
additional PPE that were ongoing as of March 26, 2020.
• John S. Thomas, President of Blue Flame Medical:  Same as Mr. Gula.
• Ethan Bearman, Chief Legal Officer of Blue Flame Medical:  Same as Mr. Gula.
• Marc Serrio, Chief Financial Officer, Blue Flame Medical:  Mr. Serrio has
become aware of Blue Flame Medical’s contract to sell 100 million N95 masks to
the State, as well as negotiations between Blue Flame Medical and the State to
supply additional PPE that were ongoing as of March 26, 2020.
• Paris Pope, Salesperson, Blue Flame Medical:  Same as Mr. Serrio.
• Jennilee Brown, Thomas Partners Strategies:  Same as Mr. Serrio.
• Mathew Littman, Public Affairs Consultant:  Same as Mr. Gula.
• Betty Yee, Controller of the State of California:  Ms. Yee is aware of Blue Flame
Medical’s contract to sell 100 million N95 masks to the State, as well as
negotiations between Blue Flame Medical and the State to supply additional PPE
that were ongoing as of March 26, 2020.
• Fiona Ma, Treasurer of the State of California:  Ms. Ma is aware of Blue Flame
Medical’s contract to sell 100 million N95 masks to the State.
• Mark Hariri, Director of the Centralized Treasury and Securities Management
Division, California State Treasurer’s Office:  Same as Ms. Ma.
• Andre Rivera, Assistant Director of the Centralized Treasury and Securities
Management Division, California State Treasurer’s Office:  Same as Ms. Ma.
Case 1:20-cv-00658-LMB-IDD     Document 131-17     Filed 05/07/21     Page 8 of 35
PageID# 2098

CONFIDENTIAL –
SUBJECT TO PROTECTIVE ORDER

8
• Natalie Gonzales, Manager, Financial Services Section, Centralized Treasury and
Securities Management Division, California State Treasurer’s Office:  Same as
Ms. Ma.
• Daniel Kim, Director of the California DGS:  Same as Ms. Yee.
• Michael Wong, Contracts Administrator, California DGS:  Same as Ms. Yee.
• Andrew Sturmfels, Deputy Director for Administration, California DGS:  Same as
Ms. Ma.
• Fee Chang, Chief Accounting Officer, Office of Fiscal Services, California DGS:
Same as Ms. Ma.
• Bill Simonson, Emergency Manager, California DGS:  Same as Ms. Yee.
• Abigail Browning, Chief, Office of Private Sector/NGO Coordination, State of
California Governor’s Office of Emergency Services:  Same as Ms. Yee.
• Suuchi Ramesh, Founder and Chief Executive Officer, Suuchi, Inc.:  Ms. Ramesh
is aware of Blue Flame Medical’s contract to sell 100 million N95 masks to the
State.
• Mark Herman, Chief Financial Officer, Suuchi, Inc.:  Same as Ms. Ramesh.
• Henry Huang, Founder and Chairman, Great Health Companion Group  Same as
Ms. Ramesh.
• William Lee, Member, Peak Consulting LLC:  Same as Ms. Ramesh.
• Brian Calle:  Mr. Calle, a friend of Mr. Thomas that connected Blue Flame to a
potential PPE supplier, is aware of Blue Flame Medical’s contract to sell 100
million N95 masks to the State.
In addition to the persons identified above, Plaintiff is aware that outside counsel for Blue
Flame Medical and Defendants have become aware of Blue Flame Medical’s contract to sell 100
million N95 masks to the State, as have various reporters that have published news articles
regarding the Wire Transfer, including those cited in documents filed in this Action.
INTERROGATORY NO. 3:
Describe with specificity the circumstances by which Blue Flame Medical or any present
or former director, officer, agent, employee, attorney, or other Person acting on its behalf
solicited, negotiated, and agreed on any actual or potential contract, agreement, order, invoice, or
Case 1:20-cv-00658-LMB-IDD     Document 131-17     Filed 05/07/21     Page 9 of 35
PageID# 2099

CONFIDENTIAL –
SUBJECT TO PROTECTIVE ORDER

9
other business arrangement with the State of California or any officer, unit, or subdivision
thereof to supply N95 masks or other PPE, including all related communications between Blue
Flame Medical (or anyone acting on its behalf or at its direction) and the State of California or
any officer, unit, or subdivision thereof.
RESPONSE TO INTERROGATORY NO. 3:
Blue Flame Medical began negotiating with representatives of the State of California to
supply PPE in March 2020.  Specifically, on March 20, 2020, Mr. Thomas reached out to
Mathew Littman, a public affairs consultant assisting Blue Flame Medical who had contacts with
officials in the State of California, to inquire whether the State of California would be interested
in purchasing N95 protective masks or other PPE that Blue Flame Medical could source through
its supply chain.  Mr. Littman informed Mr. Thomas that afternoon that his contact at the State of
California had spoken to Betty Yee, the California State Controller, and informed her of Blue
Flame Medical’s ability to supply PPE.  Later that afternoon, Ms. Yee sent Mr. Thomas a text
message informing him that the Governor’s Office was aware of Blue Flame Medical’s offer to
sell PPE and that someone would get in touch with Blue Flame Medical to discuss further.  That
evening, Blue Flame Medical was contacted by Abigail Browning (Chief, Office of Private
Sector/NGO Coordination of the California Governor’s Office of Emergency Services) and Bill
Simonson (Emergency Manager for California’s Department of General Services (“DGS”)) to
discuss what PPE Blue Flame Medical could supply and the pricing for that PPE.  That evening,
Mr. Thomas emailed Mr. Simonson a copy of Blue Flame Medical’s sales sheet specifying the
PPE that Blue Flame Medical could provide to the State.
Over the course of the next several days, Mr. Thomas continued to speak with Ms. Yee
via text message regarding a potential purchase of PPE by the State.  Specifically, they discussed
Blue Flame Medical’s need to receive an up-front deposit to secure PPE ordered by the State,
which Ms. Yee informed Mr. Thomas was possible under Governor Newsom’s emergency
Case 1:20-cv-00658-LMB-IDD     Document 131-17     Filed 05/07/21     Page 10 of 35
PageID# 2100

CONFIDENTIAL –
SUBJECT TO PROTECTIVE ORDER

10
declaration, and the status of Mr. Thomas’s discussions with other California state
representatives regarding a potential agreement to purchase PPE.  On March 22, 2020, Mr.
Thomas received a phone call from Michael Wong of DGS and thereafter began negotiating with
Mr. Wong via phone calls, text messages, and emails for a purchase of N95 masks by the State
of California.  Mr. Thomas informed Mr. Wong that Blue Flame Medical could supply N95
masks and other PPE, but would require prepayment in order for Blue Flame Medical to secure
the inventory.  That evening, Mr. Wong informed Mr. Thomas that he would have to determine
whether the State could prepay for N95 masks, and would contact Mr. Thomas to discuss further
the next morning.
On March 23, Mr. Wong and Mr. Thomas continued to discuss a potential transaction via
text message and email; Ms. Yee also confirmed to Mr. Thomas via text message that the State
could provide prepayment to Blue Flame Medical.  That afternoon, Mr. Wong requested that Mr.
Thomas provide Blue Flame Medical’s sales sheet, and Mr. Thomas sent that sales sheet to Mr.
Wong that evening via email.  Later that night, Mr. Wong asked Mr. Thomas to provide
specification and certification sheets and proposed payment terms, and Mr. Thomas agreed to
provide that information the next morning.
The morning of March 24, Mr. Thomas sent Mr. Wong specification and certification
sheets for the N95 masks and COVID-19 tests that Blue Flame Medical could supply to the State
via email, and requested direction from Mr. Wong regarding which specific items the State
would like to purchase.  The afternoon of March 24, Mr. Wong asked Mr. Thomas via text
message what volume of four specified models of N95 masks identified on Blue Flame
Medical’s sales sheet could be shipped immediately.  Mr. Thomas responded by sending Mr.
Wong an inventory list for one of Blue Flame Medical’s manufacturing sources via email; Mr.
Case 1:20-cv-00658-LMB-IDD     Document 131-17     Filed 05/07/21     Page 11 of 35
PageID# 2101

CONFIDENTIAL –
SUBJECT TO PROTECTIVE ORDER

11
Thomas also forwarded a copy of that email to Ms. Browning.  Via text, Mr. Thomas confirmed
to Mr. Wong that Blue Flame Medical would be able to source 100 million units of the N95
masks that Mr. Wong had identified within a month.  Mr. Wong also asked Mr. Thomas via text
message to confirm whether the State would be wiring funds to Blue Flame Medical or an
overseas company; Mr. Thomas confirmed that all payments by the State would be domestic and
to Blue Flame Medical.  The same day, Mr. Gula participated in a conference call with Ms.
Browning and representatives of other potential PPE suppliers for the State, and Mr. Thomas
continued to discuss California’s potential PPE purchase with Ms. Browning via email.  Mr.
Thomas also apprised Ms. Yee and Ms. Browning via text message of the status of his
discussions with Mr. Wong, and continued to discuss additional PPE items that Ms. Browning
had requested.
The morning of March 25, Mr. Wong, Mr. Thomas, and Ethan Bearman continued to
discuss the sale of N95 masks to California.  Mr. Thomas informed Mr. Wong via text message
that Blue Flame Medical could not continue to hold inventory with its suppliers without
prepayment, and Mr. Wong responded that he was “working with finance” regarding payment.
At Mr. Thomas’s request, Mr. Bearman provided wiring instructions to Mr. Wong via email.
The afternoon of March 25, Mr. Wong informed Mr. Thomas by text message that he was
“awaiting final approvals for the wire transfer” from the Department of Finance.  At Mr. Wong’s
request, Mr. Thomas sent an invoice for the purchase to Mr. Wong via email.  That invoice
specified that Blue Flame Medical would sell 100 million N95 masks to the State of the four
models that Mr. Wong had specified at a price of $4.76 per mask, plus tax and shipping, for a
total price of $609,161,000.00.  Later that day, Mr. Thomas received a call from Daniel Kim,
Director of DGS, to discuss a potential purchase from Blue Flame Medical.  Mr. Kim confirmed
Case 1:20-cv-00658-LMB-IDD     Document 131-17     Filed 05/07/21     Page 12 of 35
PageID# 2102

CONFIDENTIAL –
SUBJECT TO PROTECTIVE ORDER

12
that the State of California would agree to purchase 100 million N95 masks from Blue Flame
Medical and may be interested in purchasing additional PPE in the future.
That night, Mr. Thomas sent text messages to Mr. Kim and Mr. Wong regarding the
details for the first shipment of N95 masks to the State, a schedule of anticipated shipments and
suppliers, and Blue Flame Medical’s supply chain for the N95 masks.  Mr. Wong informed Mr.
Thomas via email and text that the wire transfer request could not be approved in time for the
wire transfer deadline on March 25, and would be sent the next day.  Mr. Thomas also discussed
the timing of the State’s wire transfer with Ms. Yee via text message that evening; Ms. Yee
confirmed the wire would be sent the next day.
In addition to the 100 million N95 masks that California agreed to purchase from Blue
Flame Medical, Ms. Browning also told Mr. Thomas via email the evening of March 25 that
California wished to purchase hundreds of millions of additional pieces of PPE, including
additional N95 masks and other protective masks, face shields, ventilators, IV pumps, gloves,
swabs, gowns, and coveralls.  Mr. Thomas informed Mr. Wong via text message that Blue Flame
Medical could supply the PPE Ms. Browning had identified, and Mr. Wong responded by
requesting pricing and spec sheet information and stating that he would “run numbers with my
team and verify with you tomorrow.”
On March 26, Mr. Thomas continued to discuss the status of the wire transfer with Ms.
Yee and Mr. Wong via text message, both of whom confirmed it was in process and ultimately
had been sent by the State.  After Defendants accepted the payment order on behalf of Blue
Flame Medical as beneficiary, credited the funds to Blue Flame Medical’s account, and agreed to
return the funds after causing California to request they be returned, Mr. Thomas attempted to
contact Mr. Wong, Mr. Kim, and Ms. Yee to address any concerns they had and attempt to
Case 1:20-cv-00658-LMB-IDD     Document 131-17     Filed 05/07/21     Page 13 of 35
PageID# 2103

CONFIDENTIAL –
SUBJECT TO PROTECTIVE ORDER

13
continue to move forward with the transaction.  In response, on March 27, Ms. Yee asked Mr.
Thomas to communicate with Mr. Kim; Mr. Kim informed Mr. Thomas via text message that “I
will have to elevate this and someone will be in touch with you.”  Despite Mr. Thomas’s
continual efforts to continue discussions with California officials regarding the transaction
following Defendants’ actions on March 26, 2020, including in telephonic and email discussions
with Mr. Wong in April 2020, California has remained unwilling to move forward with a PPE
purchase from Blue Flame Medical.
INTERROGATORY NO. 4:
Identify and describe each order received or agreement entered into by Blue Flame
Medical and/or Blue Flame Strategies for the acquisition, sale, and/or distribution of N95 masks,
other PPE, or other medical supplies, including, for each such order or agreement, the order or
agreement’s material terms (such as its date, the item or items being transacted, quantity, price,
expected or agreed delivery date, total dollar value), any actual or anticipated profit on the order
or agreement, whether and when the order or agreement was fulfilled or cancelled, and whether
and when any refund was provided.
RESPONSE TO INTERROGATORY NO. 4:
The requested information for each order received by Blue Flame Medical for the
acquisition, sale, and/or distribution of N95 masks, PPE, or other medical supplies is set forth in
Schedule A hereto.
INTERROGATORY NO. 5:
Describe the nature of any personal, familial, financial, professional, or business
relationships existing between and among, on the one hand, any persons associated with Blue
Flame Medical, Blue Flame Strategies, Redline Strategies, and, on the other hand, any of those
entities’ clients, potential clients, referral sources, manufacturers, distributors, or suppliers.
RESPONSE TO INTERROGATORY NO. 5:
Plaintiff is aware of the following relationships existing between Blue Flame Medical,
including its employees, officers, directors, agents, attorneys, representatives, and/or affiliates,
on the one hand, and any clients, potential clients, referral sources, manufacturers, distributors,
Case 1:20-cv-00658-LMB-IDD     Document 131-17     Filed 05/07/21     Page 14 of 35
PageID# 2104

Case 1:20-cv-00658-LMB-IDD     Document 131-17     Filed 05/07/21     Page 15 of 35
PageID# 2105

CONFIDENTIAL –
SUBJECT TO PROTECTIVE ORDER

15
Scott Berggren (Potential referral source)
Professional relationship with Mr. Gula (less
than one year)
Melissa Berling, Duke Energy (Potential
client)
Professional relationship with Mr. Gula (less
than one year)
John Bissell, State of Tennessee Central
Procurement Office (Client)
Professional relationship with Mr. Gula (less
than one year)
Janet Blanding, Tri Area Health Care
(Potential client)
Professional relationship with Mr. Gula (less
than one year)
Mark Bonacci, Recovery Road Addiction
(Potential client)
Professional relationship with Mr. Gula (less
than one year)
Luke Bosso, Indiana Economic Development
Corporation (Potential client)
Professional relationship with Mr. Gula (less
than one year)
Todd Boulanger (Referral partner)
Professional relationship with Mr. Gula
(approximately 15 years)
Bruce Boyd, Arabella Advisors (Client)
Professional relationship with Mr. Gula (less
than one year)
Mark Brenner (Supplier broker)
Professional relationship with Mr. Gula
(approximately 10 years)
Jack Brewer, Fox News (Potential referral
source)
Professional relationship with Mr. Gula (less
than one year)
David Brown, Exelon (Potential client)
Professional relationship with Mr. Gula
(approximately 7 years)
Nicole Brunelle, North Dakota State
Government (Potential client)
Professional relationship with Mr. Gula (less
than one year)
Julio Cabral-Corrada (Potential referral source) Professional relationship with Mr. Gula (less
than one year)
Greg Card, City of Sunnyvale, California
(Potential client)
Professional relationship with Mr. Gula (less
than one year)
Ben Carson (Potential referral source)
Professional relationship with Mr. Gula (less
than one year)
Brian Calle (Supplier broker)
Personal friendship with Mr. Thomas
(approximately 15 years)
Case 1:20-cv-00658-LMB-IDD     Document 131-17     Filed 05/07/21     Page 16 of 35
PageID# 2106

CONFIDENTIAL –
SUBJECT TO PROTECTIVE ORDER

16
Scott Campbell (Potential referral source)
Professional relationship with Mr. Gula (less
than one year)
Doug Carlson, State of Nebraska (Potential
client)
Professional relationship with Mr. Gula (less
than one year)
Ben Carson (Potential referral source)
Professional relationship with Mr. Gula (less
than one year)
Craig Cerenna (Supplier/Supplier broker)
Professional relationship with Mr. Gula (less
than one year)
Brian Chatwin, Velox Medical (Referral
partner)
Professional relationship with Mr. Gula (less
than one year)
Vito Chiaravalloti II, Velox Medical (Referral
partner)
Professional relationship with Mr. Gula
(approximately 20 years)
Joseph Choi, 2 Point 0 (Supplier)
Professional relationship with Mr. Thomas
Elliot Churchill, Maryland Department of
General Services (Client)
Professional relationship with Mr. Gula (less
than one year)
Mike Coffield (Potential referral source)
Professional relationship with Mr. Gula (less
than one year)
David Cohen (Potential referral source)
Professional relationship with Mr. Gula (less
than one year)
Rocco Coniglio, Hydra Holdings (Referral
partner)
Professional relationship with Mr. Gula (less
than one year)
Ryan Coyne (Potential referral source)
Professional relationship with Mr. Gula (less
than one year)
Jessica Cornejo, Kai Medical Labs (Referral
partner)
Professional relationship with Mr. Gula (less
than one year)
Jeff Cossman (Supplier)
Professional relationship with Mr. Gula (less
than one year)
Andy Creighton (Logistics provider)
Professional relationship with Mr. Thomas
Chris Cumnock (Supplier broker)
Professional relationship with Mr. Gula (less
than one year)
Case 1:20-cv-00658-LMB-IDD     Document 131-17     Filed 05/07/21     Page 17 of 35
PageID# 2107

CONFIDENTIAL –
SUBJECT TO PROTECTIVE ORDER

17
Jennifer Dammeyer, State of Ohio (Potential
client)
Professional relationship with Mr. Gula (less
than one year)
Christina Dayries, State of Louisiana
Governor’s Office of Homeland Security and
Emergency Preparedness (Potential client)
Professional relationship with Mr. Gula (less
than one year)
Don De Luca, V2 Global (Referral partner)
Professional relationship with Mr. Thomas
Mike Delamate, State of New Jersey (Potential
client)
Professional relationship with Mr. Gula (less
than one year)
Gretchen Deruiter, State of Colorado (Client)
Professional relationship with Mr. Gula (less
than one year)
Anthony Depaola, Yale University (Potential
client)
Professional relationship with Mr. Gula (less
than one year)
Said Dib (Supplier)
Professional relationship with Mr. Gula (less
than one year)
John Dixon (Supplier broker)
Professional relationship with Mr. Gula (less
than one year)
Julie Dotton, Applied Science (Referral
partner)
Professional relationship with Mr. Gula (less
than one year)
Ethan Eilon (Potential referral source)
Professional relationship with Mr. Gula (less
than one year)
Andrea Emmons (Referral partner)
Professional relationship with Mr. Gula
(approximately 2 years)
Kirk Eng, New York City Department of
Sanitation (Potential client)
Professional relationship with Mr. Gula (less
than one year)
Javier Antonio Urrutia Escobar, Government
of Colombia (Potential client)
Professional relationship with Mr. Gula (less
than one year)
Chad Fleischer, University Hospitals Health
System (Potential client)
Professional relationship with Mr. Gula (less
than one year)
Antwayne Ford (Supplier broker)
Professional relationship with Mr. Gula (less
than one year)
Bill Fowler (Potential client)
Professional relationship with Mr. Gula (less
than one year)
Case 1:20-cv-00658-LMB-IDD     Document 131-17     Filed 05/07/21     Page 18 of 35
PageID# 2108

CONFIDENTIAL –
SUBJECT TO PROTECTIVE ORDER

18
Jordan Gehrke, MTKM LLC (Referral partner)
Professional relationship with Mr. Gula
(approximately 6 years)
Josh Geleris, Columbia University Medical
School (Potential client)
Professional relationship with Mr. Gula (less
than one year)
Saul Gitlin, Mount Sinai Hospital (Potential
client)
Professional relationship with Mr. Gula (less
than one year)
Scott Greenlee (Potential referral source)
Professional relationship with Mr. Gula (less
than one year)
Russell Gross (Supplier broker)
Professional relationship with Mr. Gula (less
than one year)
Michael Guerriero, New Jersey Hospital
Association (Potential client)
Professional relationship with Mr. Gula (less
than one year)
Ahmid Faris, Blue Cross Blue Shield of
Michigan (Potential client)
Professional relationship with Mr. Gula (less
than one year)
Joseph Fawkner (Potential client)
Professional relationship with Mr. Gula (less
than one year)
Tom Frasca, University of Maryland Medical
System (Potential client)
Professional relationship with Mr. Gula (less
than one year)
Graham Haile (Potential referral source)
Professional relationship with Mr. Gula (less
than one year)
Lars Hajslund (Potential client)
Professional relationship with Mr. Gula (less
than one year)
Graham Hall (Potential referral source)
Professional relationship with Mr. Gula (less
than one year)
Kenny Hansmire (Supplier broker)
Professional relationship with Mr. Gula (less
than one year)
Susan Harris, Wellpath (Potential client)
Professional relationship with Mr. Gula (less
than one year)
Matthew Hayes, Tennessee Emergency
Management (Client)
Professional relationship with Mr. Gula (less
than one year)
William Heffner, Cardinal Health (Potential
client)
Professional relationship with Mr. Gula (less
than one year)
Case 1:20-cv-00658-LMB-IDD     Document 131-17     Filed 05/07/21     Page 19 of 35
PageID# 2109

CONFIDENTIAL –
SUBJECT TO PROTECTIVE ORDER

19
Michael Herson (Potential referral source)

Tom Hillmann, State of New Jersey (Potential
client)
Professional relationship with Mr. Gula (less
than one year)
Mike House (Potential referral source)
Professional relationship with Mr. Gula
(approximately 10 years)
Henry Huang, Great Health Companion
(Supplier)
Personal friendship with Mr. Thomas
(approximately 10 years); professional
supplier relationship
Michael Jensen, Velox Medical (Referral
partner)
Professional relationship with Mr. Gula
(approximately 3 years)
Chad Jones, Velox Medical (Referral partner)
Professional relationship with Mr. Gula
(approximately 2 years)
Courtney Kawelaske, Missouri Department of
Procurement Services (Potential client)
Professional relationship with Mr. Gula (less
than one year)
David Kelly, Centers for Disease Control
(Potential client)
Professional relationship with Mr. Gula (less
than one year)
Jonathan Kim (Supplier broker)
Professional relationship with Mr. Gula (less
than one year)
Steven King, Rhode Island State Government
(Potential client)
Professional relationship with Mr. Gula (less
than one year)
Howard Knapp, South Carolina State Election
Commission (Potential client)
Professional relationship with Mr. Gula (less
than one year)
Matt Knott, LTW Investments (Potential
client)
Professional relationship with Mr. Gula (less
than one year)
Bradley Knox, KGN LLC (Referral partner)
Professional relationship with Mr. Gula
(approximately 10 years)
Bryan Koon, International Homeland Security
and Emergency Management (Potential client)
Professional relationship with Mr. Gula (less
than one year)
Daryl Krasnuk, Hudson County Division of
Planning (Potential client)
Professional relationship with Mr. Gula (less
than one year)
Elizabeth Kulesa, St. Jude Children’s Research
Hospital (Potential client)
Professional relationship with Mr. Gula (less
than one year)
Case 1:20-cv-00658-LMB-IDD     Document 131-17     Filed 05/07/21     Page 20 of 35
PageID# 2110

CONFIDENTIAL –
SUBJECT TO PROTECTIVE ORDER

20
Josh Lambert (Potential referral source)
Professional relationship with Mr. Gula (less
than one year)
Mandy Lee, OMNI Government Relations
(Potential client)
Professional relationship with Mr. Gula (less
than one year)
William Lee, Peak Consulting (Supplier
broker)
Personal friendship with Mr. Thomas
(approximately 5 years)
Mathew Littman (Referral Partner)
Professional relationship with Mr. Thomas
(approximately 5 years)
Leo Mackay (Potential referral source)
Professional relationship with Mr. Gula (less
than one year)
Renny MacKay, State of Wyoming (Potential
client)
Professional relationship with Mr. Gula (less
than one year)
Geoffrey Maloon, Milpitas Fire Department
(Potential client)
Professional relationship with Mr. Gula (less
than one year)
April Manzano, Ricky Martin Foundation
(Potential client)
Professional relationship with Mr. Gula (less
than one year)
Dawn Mason, CoreCivic (Potential client)
Professional relationship with Mr. Gula (less
than one year)
Brittany Maxwell, National Healthcare Corp.
(Potential client)
Professional relationship with Mr. Gula (less
than one year)
Danny Mays, Maryland Department of General
Services (Client)
Professional relationship with Mr. Gula (less
than one year)
Tim McAlister, Southern Company (Potential
client)
Professional relationship with Mr. Gula (less
than one year)
Peter McCann, Home Instead Senior Care
(Potential client)
Professional relationship with Mr. Gula (less
than one year)
Al McCulloch, Pacha Resources (Potential
client)
Professional relationship with Mr. Gula (less
than one year)
Dana McElroy (Supplier)
Professional relationship with Mr. Gula (less
than one year)
Elena McGrew, Washington State Department
of Enterprise Services (Potential client)
Professional relationship with Mr. Gula (less
than one year)
Case 1:20-cv-00658-LMB-IDD     Document 131-17     Filed 05/07/21     Page 21 of 35
PageID# 2111

CONFIDENTIAL –
SUBJECT TO PROTECTIVE ORDER

21
Tom McGuire, Johns Hopkins University
(Potential client)
Professional relationship with Mr. Gula (less
than one year)
Bruce McNamer (Potential client)
Professional relationship with Mr. Gula (less
than one year)
Martha Medina, GSD Supply Services – Los
Angeles (Potential client)
Professional relationship with Mr. Gula (less
than one year)
Michael Meisel, University of Maryland
(Potential client)
Professional relationship with Mr. Gula (less
than one year)
Josh Merin, International Franchise
Association (Potential client)
Professional relationship with Mr. Gula (less
than one year)
Allen Meyer, State of Iowa (Potential client)
Professional relationship with Mr. Gula (less
than one year)
Stacie Monroe (Referral partner)
Professional relationship with Mr. Gula
(approximately 7-10 years)
Michael Mooney, Montana Department of
Health and Human Services (Potential client)
Professional relationship with Mr. Gula (less
than one year)
Tom Morford, Velox Medical (Referral
partner)
Professional relationship with Mr. Gula (less
than one year)
Carter New (Supplier broker)
Professional relationship with Mr. Gula (less
than one year)
Jennifer Nickeloff, Wellpath (Potential client)
Professional relationship with Mr. Gula (less
than one year)
Tony Pallante, Trident Brands (Potential
client)
Professional relationship with Mr. Gula (less
than one year)
Matt Pell (Potential referral source)
Professional relationship with Mr. Gula (less
than one year)
Julia Pickle, Alabama Governor’s Office
(Client)
Professional relationship with Mr. Gula (less
than one year)
Michael Pieper, Nevada Hospital Association
(Potential client)
Professional relationship with Mr. Gula (less
than one year)
John Plishka (Supplier broker)
Professional relationship with Mr. Gula (less
than one year)
Case 1:20-cv-00658-LMB-IDD     Document 131-17     Filed 05/07/21     Page 22 of 35
PageID# 2112

CONFIDENTIAL –
SUBJECT TO PROTECTIVE ORDER

22
Veronica Cuellar Pizano, Fundacion Santo
Domingo (Potential client)
Professional relationship with Mr. Gula (less
than one year)
Robert Pope (Referral partner)
Professional relationship with Mr. Gula
(approximately 3 years)
Michael Porter (Supplier broker)
Professional relationship with Mr. Gula (less
than one year)
Jitendra Prasad, Alberta Health Services
(Potential client)
Professional relationship with Mr. Gula (less
than one year)
Jonathan Rabinovitz, 55 Industries (Supplier)
Professional relationship with Mr. Gula (less
than one year)
Suuchi Ramesh, Suuchi, Inc. (Supplier)
Professional relationship with Mr. Bearman
(less than one year)
Brian Rell, Alabama Procurement Task Force
(Client)
Professional relationship with Mr. Gula (less
than one year)
Roberto Reyes, Neurocrine Biosciences
(Potential client)
Professional relationship with Mr. Gula (less
than one year)
Ryan Rhodes (Potential referral source)
Professional relationship with Mr. Gula (less
than one year)
Jared Rosenstein, Florida Emergency
Management (Potential client)
Professional relationship with Mr. Gula (less
than one year)
Lynda Rossi, Blue Cross Blue Shield of
Michigan (Potential client)
Professional relationship with Mr. Gula (less
than one year)
Sheryl Roub, Wyoming Governor’s Office
(Potential client)
Professional relationship with Mr. Gula (less
than one year)
David Sanders, DTS Consulting (Referral
partner)
Professional relationship with Mr. Gula
(approximately 7-10 years)
Brian Sanderson (Potential referral source)
Professional relationship with Mr. Gula (less
than one year)
Cheryl Schlesinger, City of New York
Department of Sanitation (Potential client)
Professional relationship with Mr. Gula (less
than one year)
Robert Sharbaugh, University Hospital
(UHNJ) (Potential Client)
Professional relationship with Mr. Gula (less
than one year)
Case 1:20-cv-00658-LMB-IDD     Document 131-17     Filed 05/07/21     Page 23 of 35
PageID# 2113

CONFIDENTIAL –
SUBJECT TO PROTECTIVE ORDER

23
Albert Shen (Potential referral source)
Professional relationship with Mr. Gula (less
than one year)
Amanda Shoop, State of South Dakota
(Potential client)
Professional relationship with Mr. Gula (less
than one year)
Tamara Seney, Redwood County Government
Center (Potential client)
Professional relationship with Mr. Gula (less
than one year)
Al Simpson (Referral partner)
Professional relationship with Mr. Gula
(approximately 7-10 years)
Ross Sklar, Starco Group (Potential client)
Professional relationship with Mr. Gula (less
than one year)
Jason Smith, Virginia Economic Development
Partnership (Potential client)
Professional relationship with Mr. Gula (less
than one year)
Mark R. Smith, HeritageBrand LLC (Referral
partner)
Professional relationship with Mr. Gula
(approximately 15 years)
Rick Smotkin, Third Circle (Referral partner)
Professional relationship with Mr. Gula
(approximately 1 year)
Jack St. Martin (Potential referral source)
Professional relationship with Mr. Gula (less
than one year)
Andy Stead, Maximed (Supplier)
Professional relationship with Mr. Thomas
Tamara Steinbach, State of Colorado (Client)
Professional relationship with Mr. Gula (less
than one year)
Melissa Stone (Potential referral source)
Professional relationship with Mr. Gula (less
than one year)
Matt Swift (Potential referral source)
Professional relationship with Mr. Gula (less
than one year)
Alan Swygert, Department of Veterans Affairs
(Potential client)
Professional relationship with Mr. Gula (less
than one year)
DeAnte Thomas, Exelon (Potential client)
Professional relationship with Mr. Gula (less
than one year)
Ryan Thompson (Potential referral source)
Professional relationship with Mr. Gula (less
than one year)
Case 1:20-cv-00658-LMB-IDD     Document 131-17     Filed 05/07/21     Page 24 of 35
PageID# 2114

CONFIDENTIAL –
SUBJECT TO PROTECTIVE ORDER

24
Nazmije Toci, New York City Department of
Sanitation (Potential client)
Professional relationship with Mr. Gula (less
than one year)
Alex Turkeltaub (Supplier broker)
Professional relationship with Mr. Gula (less
than one year)
Yoshi Tyler, Kai Medical Labs (Referral
partner)
Professional relationship with Mr. Gula (less
than one year)
Rick Valtee, Cardinal Health (Potential client)
Professional relationship with Mr. Gula (less
than one year)
Justin Van Zyl, Circle K (Potential client)
Professional relationship with Mr. Gula (less
than one year)
Tiffany Wadell, Maryland Governor’s Office
(Client)
Professional relationship with Mr. Gula
(approximately 7-10 years)
Justin Wallin, J Wallin Business Strategy
(Referral partner)
Professional relationship with Mr. Thomas
(approximately 8 years)
Debra Warren, USF Health (Potential client)
Professional relationship with Mr. Gula (less
than one year)
Jim Weeks (Potential referral source)
Professional relationship with Mr. Gula (less
than one year)
Chris West (Potential referral source)
Professional relationship with Mr. Gula (less
than one year)
Valerie Williams, South Carolina State
Procurement (Potential client)
Professional relationship with Mr. Gula (less
than one year)
Joy Xu, Great Health Companion (Supplier)
Professional relationship with Mr. Gula (less
than one year)
Kevin Xu, Glymate (Supplier)
Professional relationship with Mr. Thomas
Michael Zarelli (Referral partner)
Professional relationship with Mr. Gula
(approximately 10 years)
Elizabeth Zelenak, New York City
Administrative Services (Potential client)
Professional relationship with Mr. Gula (less
than one year)
Johnny Zhu (Supplier)
Professional relationship with Mr. Gula (less
than one year)
Case 1:20-cv-00658-LMB-IDD     Document 131-17     Filed 05/07/21     Page 25 of 35
PageID# 2115

CONFIDENTIAL –
SUBJECT TO PROTECTIVE ORDER

25
Gary Zimmerman (Supplier broker)
Professional relationship with Mr. Gula (less
than one year)
INTERROGATORY NO. 6:
State the basis on which the Complaint alleges that, but for Defendants’ conduct, Blue
Flame Medical would have been able to fulfil the State of California’s order of 100 million N95
masks, including how and when Blue Flame Medical would have done so, and why and how it
could have done so despite Blue Flame Medical’s inability to fulfill mask orders placed by other
customers in April and May 2020.
RESPONSE TO INTERROGATORY NO. 6:
Blue Flame Medical would have been able to fulfill the State of California’s order for
100 million N95 masks but for Defendants’ unlawful actions because it had reached agreements
with Great Health Companion and Suuchi, Inc. to supply the entirety of California’s order for
100 million N95 masks at the time Blue Flame Medical contracted with the State of California
on March 25, 2020.  As Blue Flame Medical explained to California representatives and
Defendants, including in discussions on March 25, Blue Flame Medical required prepayment so
that it could immediately begin paying its suppliers for masks to fill the State of California’s
order, including 6 million N95 masks that were available to ship domestically as of that date and
the remaining 94 million masks, which Blue Flame Medical had arranged to be delivered to
California by the end of April 2020.  Indeed, when Defendants unlawfully returned the funds
paid to Blue Flame Medical by the State of California, Blue Flame Medical had already
requested that Chain Bridge Bank wire a portion of those funds to Suuchi, Inc. to secure the
delivery of the first 6 million masks for the State, and was in the process of arranging additional
payments to Great Health Companion Group for the additional 94 million masks to be supplied
by the end of April 2020.  Because of Defendants’ actions, Blue Flame Medical could not make
those payments and lost the ability to deliver that product to the State of California as
anticipated.
Case 1:20-cv-00658-LMB-IDD     Document 131-17     Filed 05/07/21     Page 26 of 35
PageID# 2116

CONFIDENTIAL –
SUBJECT TO PROTECTIVE ORDER

26
Blue Flame Medical’s inability to fill other N95 mask orders in April and May 2020
involved different circumstances.  As detailed in the June 22, 2020 letter submitted on behalf of
Blue Flame Medical to the United States House of Representatives Committee on Energy and
Commerce, many of those orders involved quantities of N95 masks and other PPE that were too
small to secure inventory from PPE suppliers given the intense competition within the
marketplace.  In addition, in late April, Chinese government officials began delaying and, in
some cases, seizing, shipments of PPE, which disrupted some of the orders placed by Blue Flame
Medical customers.  While certain of the N95 masks purchased by the State of California were
scheduled to be shipped in April 2020, Blue Flame Medical believes those N95 masks—which
would have been fully prepaid, but for Defendants’ actions—nevertheless would have been
delivered and that any potential delays caused by intervention by the Chinese government would
have resulted in further discussions with California officials.
Case 1:20-cv-00658-LMB-IDD     Document 131-17     Filed 05/07/21     Page 27 of 35
PageID# 2117

CONFIDENTIAL –
SUBJECT TO PROTECTIVE ORDER

27

Dated :  October 13, 2020
/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

Case 1:20-cv-00658-LMB-IDD     Document 131-17     Filed 05/07/21     Page 28 of 35
PageID# 2118

Case 1:20-cv-00658-LMB-IDD     Document 131-17     Filed 05/07/21     Page 29 of 35
PageID# 2119

HIGHLY CONFIDENTIAL – SUBJECT TO PROTECTIVE ORDER

2
Melbourne Police
Department
3/31/20;
4/2/20
$1,807.32

N/A
3 digital
thermometers, 300
face shields, 48
16.9oz bottles of hand
sanitizer, 100 surgical
masks
N/A
Partially fulfilled
(3 digital
thermometers
and 300 face
shields)
Partial:  $1,020.65
(including credit card
fees)
Arizona Department of
Public Safety
4/1/20
$1,638.37
N/A
96 1oz bottles of hand
sanitizer, 96 2oz
bottles of hand
sanitizer
N/A
Cancelled
Full:  $1,697.78
(including credit card
fees)
Iowa DCI Crime
Laboratory
4/1/20
$2,793.00

N/A
2,000 surgical masks
N/A
Cancelled
Full:  $2,793.00
Santa Rosa County
Sheriff’s Office
4/1/20
$5,006.40

N/A
400 N95 masks, 1,000
shoe covers, 1,000
coveralls
N/A
Cancelled
Full:  $5,187.97
(including credit card
fees)

State of Maryland
4/1/20
$12,542,000.00
$2,521,000.00
1,550,000 N95
Masks; 110 Philips
Ventilators
6/30/20
Partially fulfilled
(37 ventilators)
No; $1,652,154.00 paid
North Carolina State
Bureau of Investigation
4/2/20
$2,840.84

N/A
284 2oz bottles of
hand sanitizer, 108
16.9oz bottles of hand
sanitizer, 400 shoe
covers, 500 surgical
masks
N/A
Cancelled
Full:  $2,943.86
(including credit card
fees)

Oklahoma State Bureau
of Investigations
4/2/20
$4,812.04

N/A
400 N95 masks, 1,000
surgical masks
N/A
Cancelled
Full:  $4,986.57
(including credit card
fees)
Case 1:20-cv-00658-LMB-IDD     Document 131-17     Filed 05/07/21     Page 30 of 35
PageID# 2120

HIGHLY CONFIDENTIAL – SUBJECT TO PROTECTIVE ORDER

3
St. John Child Wellness
Center
4/2/20
$179,392.92

($115,203.44)
2,004 16.9oz bottles
of hand sanitizer,
2,004 2oz bottles of
hand sanitizer,
150,000 nitrile gloves,
30,000 disposable
caps, 30,000
disposable gowns,
200,000 3-ply surgical
masks
Est. 4/23/20
Partially fulfilled
(150,000 nitrile
gloves)
Partial:  $114,030.69
Takoma Park Police
Department
4/2/20
$614.97
N/A
192 2oz bottles of
hand sanitizer, 12
27oz bottles of hand
sanitizer
N/A
Cancelled
Full:  $637.27
(including credit card
fees)
Dixie County Sheriff’s
Office
4/3/20
$696.57

N/A
36 6.9oz bottles of
hand sanitizer, 12
27oz bottles of hand
sanitizer, 2 digital
thermometers
N/A
Cancelled
Full:  $721.52
(including credit card
fees)
Douglas County Sheriff’s
Office
4/3/20
$919.93

N/A
10 digital
thermometers
N/A
Cancelled
Full:  $953.28
(including credit card
fees)
Marion County Sheriff’s
Office
4/3/20
$2,885.40

N/A
400 N95 masks
N/A
Cancelled
Full:  $2,990.04
(including credit card
fees)
Northern Arizona
University
4/3/20
$8,423.84
N/A
800 N95 foldable
masks, 288 2oz
bottles of hand
sanitizer, 1,000
surgical masks
N/A
Cancelled (1,000
surgical masks
and 800 KN95
masks provided)
Full:  $8,729.37
(including credit card
fees)
Case 1:20-cv-00658-LMB-IDD     Document 131-17     Filed 05/07/21     Page 31 of 35
PageID# 2121

HIGHLY CONFIDENTIAL – SUBJECT TO PROTECTIVE ORDER

4
Riverside University
Health System
4/3/20
$495,974.46

$216,614.46

64,000 N95 masks,
100,000 disposable
caps, 100,000 shoe
covers
N/A
Cancelled
Full:  $495,974.46
(including credit card
fees)
State of Alabama
4/6/20
$1,386,000.00
$77,000.00
350,000 N95 masks
12-14 days after
deposit
Cancelled
Full:  $768,000
State of Tennessee
4/6/20
$3,362,778.32

$423,089.42

500,000 N95 foldable
masks; 500,000
gowns (non-sterile)
12-14 days after
deposit
Cancelled
Full:
$2,590,122.00

Lone Star College
4/7/20
$4,970.23

N/A
1,000 KN95 masks,
500 face shields, 55
nitrile gloves
5/7/20
Partially fulfilled
(1,000 KN95
masks, 500 face
shields)
Partial:  $768.90
North Carolina
Department of Safety
4/7/20;
4/9/20
$6,297.59

N/A
800 N95 masks, 192
2oz bottles of hand
sanitizer
N/A
Cancelled
Full:  $6,526.00
 (including credit card
fees)
State of Alabama
4/8/20
$2,064,000.00
$371,910.00
350,000 N95 masks,
200,000 isolation
gowns, 50,000 nitrile
gloves
12-14 days after
deposit
Cancelled
Full:  $1,032,000.00
South Carolina Law
Enforcement Division
4/10/20
$55,006.84

N/A
900 face shields, 120
16.9oz bottles of hand
sanitizer, 4,000
surgical masks, 900
nonwoven safety
gowns
N/A
Partially fulfilled
(900 face
shields)
Partial:  $52,249.50
(including credit card
fees)
Case 1:20-cv-00658-LMB-IDD     Document 131-17     Filed 05/07/21     Page 32 of 35
PageID# 2122

HIGHLY CONFIDENTIAL – SUBJECT TO PROTECTIVE ORDER

5
New Venture Fund (City
of Chicago)
4/16/20
$519,479.00

$28,304.00

96,600 N95 masks
N/A
Fulfilled
(100,000 N95
masks)
No
State of Colorado
4/27/20
$19,064,196.00

$3,812,840.00

1 million full cup N95
masks, 1 million
KN95 masks, 4
million surgical
masks, 3 million
nitrile gloves, 600,000
disposable gowns
N/A
Order withdrawn N/A
Bath Lumber, Ely, NV
5/13/20
$1,483.63
$358.63

500 KN95 masks
N/A
Fulfilled
No
Private Medical Office
(Dr. Kuvar), Scarsdale,
NY
5/15/20
$1,172.64
$409.44

200 face shields, 400
OR caps, 800 shoe
covers

N/A
Fulfilled
No
Medical Facilities of
America (Roanoke, VA)
5/18/20
$265,022.16

$126,246.16

23,000 sterile
isolation gowns
(Level 2)
N/A
Fulfilled
No

Case 1:20-cv-00658-LMB-IDD     Document 131-17     Filed 05/07/21     Page 33 of 35
PageID# 2123

Case 1:20-cv-00658-LMB-IDD     Document 131-17     Filed 05/07/21     Page 34 of 35
PageID# 2124

CERTIFICATE OF SERVICE
I HEREBY CERTIFY THAT on this 13th day of October, 2020, a copy of the foregoing
document was served via email upon the following:

Gary A. Orseck (pro hac vice)
Matthew A. Madden (pro hac vice)
Donald Burke (VA Bar No. 76550)
ROBBINS, RUSSELL, ENGLERT, ORSECK, UNTEREINER & SAUBER LLP
2000 K Street, NW, 4th Floor
Washington, DC  20006
Tel.:  (202) 775-4500
Fax:  (202) 775-4510
gorseck@robbinsrussell.com
mmadden@robbinsrussell.com
dburke@robbinsrussell.com

/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
Case 1:20-cv-00658-LMB-IDD     Document 131-17     Filed 05/07/21     Page 35 of 35
PageID# 2125

File and source

File

gov.uscourts.vaed.477405.131.17.pdf

Size

1,107,119 bytes

SHA-256

48c13f4654294d041d89b316ee1d793e8e05196f94d59df5981c9aac37fe29dc

Our copy

gov.uscourts.vaed.477405.131.17.pdf

Original

PACER (login required)