Blue Flame v. Chain Bridge — Declaration of Donald Burke

Date: 2021-05-20

Summary

The Declaration of Donald Burke, filed May 20, 2021 as Document 142 in Blue Flame Medical LLC v. Chain Bridge Bank, N.A., Civil Action No. 1:20-cv-00658, in the U.S. District Court for the Eastern District of Virginia. Burke, counsel for Chain Bridge Bank, N.A., John J. Brough and David M. Evinger, submits it in support of the defendants' oppositions to the summary judgment motions of Blue Flame Medical LLC and JPMorgan Chase Bank, N.A. The declaration attaches thirteen exhibits, including portions of deposition transcripts, two documents bearing Bates labels, website pages, and an expert report served by the third-party defendant. It states that the expert report will be filed under seal under the protective order at Dkt. No. 68. The four-page filing ends with a certificate of service.

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Cite this document

“Blue Flame v. Chain Bridge — Declaration of Donald Burke.” Original at ecf.vaed.uscourts.gov, dated 2021-05-20. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2021-05-20-plaintiff-v-chain-bridge-bank-n-a-john-j-c88038ae-1/, SHA-256 c88038aeda3be1b8e541761bd1d4892bdd05d3d115aa3f3e2cbf7a603a05ef06.

Full text

Case 1:20-cv-00658-LMB-IDD Document 142 Filed 05/20/21 Page 1 of 4 PageID#
3378

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
(Alexandria Division)

BLUE FLAME MEDICAL LLC,

Plaintiff,
Civil Action No. 1:20-cv-00658
v.

CHAIN BRIDGE BANK, N.A., JOHN J.
BROUGH, and DAVID M. EVINGER,

Defendants.

CHAIN BRIDGE BANK, N.A,

Third-Party Plaintiff,

JPMORGAN CHASE BANK, N.A.,

Third-Party Defendant.

DECLARATION OF DONALD BURKE

I, Donald Burke, state as follows:

1. I am over twenty-one years of age, and I am competent to give this declaration. I

have personal knowledge of the facts set forth in this declaration.

2. I am one of the attorneys representing Defendant/Third-Party Plaintiff Chain

Bridge Bank, N.A., and Defendants John J. Brough and David M. Evinger in the above-captioned

matter.

3. I submit this declaration in support of Defendants’/Third-Party Plaintiff’s

memoranda in opposition to Blue Flame Medical LLC’s and JPMorgan Chase Bank, N.A.’s
Case 1:20-cv-00658-LMB-IDD Document 142 Filed 05/20/21 Page 2 of 4 PageID#
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motions for summary judgment in order to place before the Court true and correct copies of certain

documents that are relevant to this matter.

4. Attached hereto as Exhibit 100 are excerpts from a true and correct copy of the

transcript of the February 2, 2021 deposition of John Brough in this action.

5. Attached hereto as Exhibit 101 are excerpts from a true and correct copy of the

transcript of the April 11, 2021 deposition of Joanna Williamson in this action.

6. Attached hereto as Exhibit 102 are excerpts from a true and correct copy of the

transcript of the January 22, 2021 deposition of Heather Schoeppe in this action.

7. Attached hereto as Exhibit 103 are excerpts from a true and correct copy of the

transcript of the April 9, 2021 deposition of Charles Grice in this action.

8. Attached hereto as Exhibit 104 is a true and correct copy of the Expert Report of

Teresa A. Pesce, served by Third-Party Defendant in this action on February 12, 2021, not

including appendices and with redactions. This report will be filed under seal due to its designation

as “highly confidential” by the producing party pursuant to the Amended Stipulated

Confidentiality Agreement and Protective Order file in this action on November 17, 2020 (Dkt.

No. 68).

9. Attached hereto as Exhibit 105 are excerpts from a true and correct copy of the

transcript of the April 6, 2021 deposition of Sean O’Malley in this action.

10. Attached hereto as Exhibit 106 are excerpts from a true and correct copy of the

transcript of the January 21, 2021 deposition of Ethan Bearman in this action.

11. Attached hereto as Exhibit 107 are excerpts from a true and correct copy of the

transcript of the January 29, 2021 deposition of David M. Evinger in this action.

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12. Attached hereto as Exhibit 108 is a true and correct copy of a document exchanged

in discovery bearing the Bates label CBB00002608.

13. Attached hereto as Exhibit 109 is a true and correct copy of a document exchanged

in discovery bearing the Bates label CBB00002529.

14. Attached hereto as Exhibit 110 are excerpts from a true and correct copy of the

transcript of the January 12, 2021 deposition of Mike Gula in this action.

15. Attached hereto as Exhibit 111 is a true and correct copy of pages printed from the

website www.wingar.com, accessed on May 20, 2021.

16. Attached hereto as Exhibit 112 are excerpts from a true and correct copy of the

transcript of the March 29, 2021 deposition of Daniel Kim in this action.

I declare under penalty of perjury that the foregoing is true and correct.

Executed on May 20, 2021.

/s/ Donald Burke
Donald Burke

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CERTIFICATE OF SERVICE

I hereby certify that on May 20, 2021, I will electronically file the foregoing with the Clerk

of Court using the CM/ECF system, which will then send a notification of such filing to the

following:

Peter H. White, Esq. (VA Bar No. 32310) Meredith K. Loretta, Esq. (VA Bar No. 92369)
SCHULTE ROTH & ZABEL LLP WILMER CUTLER PICKERING HALE &
901 Fifteenth Street, NW, Suite 800 DORR LLP
Washington, DC 20005 1875 Pennsylvania Avenue NW
Phone: (202) 729-7476 Washington, DC 20006
Fax: (202) 730-4520 Phone: (212) 663-6981
Email: peter.white@srz.com Email: meredith.loretta@wilmerhale.com
Counsel for Plaintiff Counsel for Third-Party Defendant

/s/ Donald Burke
Donald Burke (VA Bar No. 76550)
ROBBINS, RUSSELL, ENGLERT, ORSECK
& UNTEREINER LLP
2000 K Street, NW, 4th Floor
Washington, DC 20006
Telephone: (202) 775-4500
Facsimile: (202) 775-4510
dburke@robbinsrussell.com
Counsel for Defendants

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