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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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AFFIRMATION OF PETER H. WHITE IN OPPOSITION TO
DEFENDANTS’ MOTION FOR 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 opposition to Defendant’s Motion for
Summary Judgment (ECF No. 118).
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3. Annexed hereto as Exhibit 85 is a true and correct copy of excerpts of the transcript
of the January 21, 2021 deposition of Ethan Bearman.
4. Annexed hereto as Exhibit 86 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 87 is a true and correct copy of a Referral Fee
Agreement between BFF Real Estate, LLC and Blue Flame Strategies, LLC, effective as of March
19, 2020 (BFM000203903-09).
6. Annexed hereto as Exhibit 88 is placeholder for a true and correct copy of a video
file depicting boxes of “3M”-branded masks (BFM000206162), which will be provided pursuant
to the Court’s May 20, 2021 Order Granting Unopposed Motion for Leave to Submit a Video File
(ECF No. 139).
7. Annexed hereto as Exhibit 89 is a true and correct copy of a March 23, 2020 email
from Bill Simonson to John Thomas RE: Medical Supplies Listing (BFM000125035-37).
8. Annexed hereto as Exhibit 90 is a true and correct copy of a March 25, 2020 email
from Andrew Sturmfels to Michael Wong RE: Medical Supplies Sheet (CBB00002048-55).
9. Annexed hereto as Exhibit 91 is a true and correct copy of excerpts of the transcript
of the January 19, 2021 deposition of Michael Wong.
10. Annexed hereto as Exhibit 92 is a true and correct copy of excerpts of the transcript
of the March 29, 2021 deposition of Daniel Kim.
11. Annexed hereto as Exhibit 93 is a true and correct copy of excerpts of the transcript
of the March 4, 2021 deposition of Richard J. Chivaro, corporate representative of non-party
California State Controller’s Office.
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12. Annexed hereto as Exhibit 94 is a true and correct copy of a March 23, 2020 email
from Suuchi Ramesh to Ethan Bearman et al. RE: Email 2 pricing from Suuchi Inc
(BFM000115898-912).
13. Annexed hereto as Exhibit 95 is a true and correct copy of the Declaration of Henry
Huang, dated May 18, 2021.
14. Annexed hereto as Exhibit 96 is a true and correct copy of excerpts of the transcript
of the February 10, 2021 deposition of Andrew Sturmfels.
15. Annexed hereto as Exhibit 97 is a true and correct copy of excerpts of the transcript
of the January 12, 2021 deposition of Mike Gula.
16. Annexed hereto as Exhibit 98 is a true and correct copy of a March 27, 2020 email
from Tsega Yohannes to Mariano Castagnello RE: Expected Activity (CBB00001202-03). This
exhibit has been redacted pursuant to Fed. R. Civ. P. 5.2.
17. Annexed hereto as Exhibit 99 is a true and correct copy of a document titled “Log
of Mike Gula’s March 2020 Calls with Chain Bridge Bank” (BFM000206224).
18. Annexed hereto as Exhibit 100 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
(CBB00002794), 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).
19. Annexed hereto as Exhibit 101 is a true and correct copy of a March 26, 2020 email
from David Evinger to Mike Gula re Blue Flame MedicalFighting Coronavirus
(CBB00002686).
20. Annexed hereto as Exhibit 102 is a true and correct copy of excerpts of the
transcript of the January 29, 2021 deposition of David Evinger.
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21. Annexed hereto as Exhibit 103 is a true and correct copy of a March 25, 2020 email
from Mariano Castagnello to Mike Gula re Fwd: need BF Medical EIN/registration
(CBB00002563-71).
22. Annexed hereto as Exhibit 104 is a true and correct copy of the Expert Report of
Sean O’Malley on Behalf of Plaintiff Blue Flame Medical LLC, dated February 12, 2021.
23. Annexed hereto as Exhibit 105 is a true and correct copy of a March 26, 2020 email
from Heather Schoeppe to John J. Brough et al. RE: Please close BlueFlame Accounts
(CBB00000594-99). This exhibit has been redacted pursuant to Fed. R. Civ. P. 5.2.
24. Annexed hereto as Exhibit 106 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.
25. Annexed hereto as Exhibit 107 is a true and correct copy of an April 10, 2020 email
from John Thomas to Michael Wong et al. Re: 100M Mask Order (BFM000109726-30).
26. Annexed hereto as Exhibit 108 is a true and correct copy of an April 2, 2020 email
from Michael Wong to Sarah E. Lawand et al. re FW: Blue Flame (DGS6820-21).
27. Annexed hereto as Exhibit 109 is a true and correct copy of a March 27, 2020 email
from Angela Shell to tmcarter@fbi.gov re FW: Blue Flame Strategies (DGS7257).
28. Annexed hereto as Exhibit 110 is a true and correct copy of a March 27, 2020 email
from Angela Shell to tmcarter@fbi.gov re FW: Blue Flame Strategies (DGS7293).
29. Annexed hereto as Exhibit 111 is a true and correct copy of a November 17, 2020
email from Lauri McGuire to Douglas Gansler Re: FW: Follow up (BFM000207335-41).
30. Annexed hereto as Exhibit 112 is a true and correct copy of Plaintiff’s Responses
to Defendant’s First Set of Interrogatories to Blue Flame Medical LLC, dated October 13, 2020.
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31. Annexed hereto as Exhibit 113 is a true and correct copy of March 25, 2020 Signal
messages between John Thomas, Mike Gula, and Ethan Bearman (BFM000202815).
32. Annexed hereto as Exhibit 114 is a true and correct copy of a March 26, 2020 email
from Peter G. Fitzgerald to John J. Brough Re: $450 Million wire came in (CBB00002725-29).
33. Annexed hereto as Exhibit 115 is a true and correct copy of a March 25, 2020 email
from David E. Evinger to John J. Brough re FW: Blue Flame Medical incoming wire 450 million
(CBB00000779-81).
34. Annexed hereto as Exhibit 116 is a true and correct copy of excerpts of the
transcript of the February 2, 2021 deposition of John Brough.
35. Annexed hereto as Exhibit 117 is a true and correct copy of the Rebuttal Expert
Report of Marc S. Prisament on Behalf of Plaintiff Blue Flame Medical LLC, dated March 12,
2021.
36. Annexed hereto as Exhibit 118 is a true and correct copy of a March 24, 2020 email
from John Thomas to Michael Wong Re: Medical Supplies Sheet (BFM000116128-34).
Dated : Washington, D.C.
May 20, 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 20th 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 20, 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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