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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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MEMORANDUM IN SUPPORT OF UNOPPOSED MOTION
FOR LEAVE TO SUBMIT A VIDEO FILE
Plaintiff Blue Flame Medical LLC (“Plaintiff”) submits this Memorandum in Support of
its Unopposed Motion for Leave to Submit a Video File (the “Unopposed Motion”).
I.
BACKGROUND
During the course of discovery, Plaintiff produced a video file (the “Video”) that had been
provided to one of Plaintiff’s principals, John Thomas.
The parties intend to file opposition briefs to competing summary judgment motions on
May 20, 2021. As part of Plaintiff’s opposition brief, Plaintiff intends to include the Video as an
exhibit. In accordance with the Eastern District of Virginia Clerk’s Office General Filing Tips,
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Alexandria Division, Plaintiff seeks leave of Court to file the Video on a computer disc or by any
other method the Court deems appropriate. Counsel for Plaintiff has met and conferred with
counsel for Defendants Chain Bridge Bank, N.A., John J. Brough, and David M. Evinger
(“Defendants”) and counsel for Third-Party Defendant JPMorgan Chase Bank, N.A. (“JPMC”),
and they do not oppose the granting of the Unopposed Motion. The parties agree that the Video
to be filed is a true and correct copy of a video exchanged in discovery, bearing bates number
BFM000206162. The parties have also agreed to waive any hearing on the Unopposed Motion.
II.
ARGUMENT
The Eastern District of Virginia, Alexandria Division requires that counsel request leave
prior to filing any material on computer discs with the Court. See Clerk’s Office General Filing
Tips, Alexandria Division ¶18, available at https://www.vaed.uscourts.gov/clerks-office-general-
filing-tips-alexandria-division. As previously stated, the parties are preparing their opposition to
each other’s motions for summary judgment, in advance of this Court’s May 20, 2021 deadline.
See ECF No. 97.
Plaintiff asserts the Video is relevant to certain representations identified in Defendants’
Memorandum of Law in Support of Their Motion for Summary Judgment; it therefore may bear
on the parties’ summary judgment briefing and this Court’s subsequent rulings thereto.
Accordingly, Plaintiff respectfully requests this Court grant its Unopposed Motion and permit it
to file the Video with the Court on a compact disc or by any other method the Court prefers.1
1 For the avoidance of doubt, Defendants and JPMC do not oppose the filing of the Video on the
terms proposed herein. Defendants and JPMC otherwise reserve all rights in connection with the
Video, including, but not limited to, the right to argue that the Video is not relevant to the
disposition of one or more of the parties’ summary judgment motions.
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Dated : Washington, D.C.
May 20, 2021
Respectfully submitted,
/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)
Steven R. Fisher (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
steven.fisher@srz.com
Counsel for Plaintiff Blue Flame Medical LLC
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DOC ID - 36439427.6
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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