Subject To Protective Order
- Date
- 2021-05-20
Summary
Document 150-28, marked Exhibit 112, in Blue Flame Medical, LLC v. Chain Bridge Bank, N.A., John J. Brough and David M. Evinger, Civil Action No. 1:20-cv-00658, in the U.S. District Court for the Eastern District of Virginia, filed May 20, 2021. It contains Plaintiff's Responses to Defendants' First Set of Interrogatories to Blue Flame Medical LLC, which were dated September 10, 2020, and is marked confidential and subject to protective order. In response to Interrogatory No. 1, the plaintiff identifies persons at the bank, at Blue Flame Medical and in California state offices with knowledge of the Wire Transfer tied to an agreement with the State of California for the purchase of 100 million N95 masks. The 35-page filing includes a notarized verification and a certificate of service on counsel for the defendants.
Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
Full text
Case 1:20-cv-00658-LMB-IDD Document 150-28 Filed 05/20/21 Page 1 of 35
PageID# 3862
EXHIBIT 112
Document 150-28EXHIBIT
exhibitsticker.com
Case 1:20-cv-00658-LMB-IDD EXHIBIT
Filed g
05/20/21 Page 2 of 35
PageID# 3863
Defendant's 2
Defendant's 2
r
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
PLAINTIFF’S RESPONSES TO DEFENDANTS' FIRST SET OF
INTERROGATORIES TO BLUE FLAME MEDICAL LLC
Pursuant to Federal Rules of Civil Procedure
Procedure 26 and 33 and Local Civil Rule 26
of the
the United
United States
States District
District Court
Court for
for the
the Eastern
Eastern District
District of
of Virginia,
Virginia, Plaintiff
Plaintiff Blue
Blue Flame
Flame
Medical LLC
Medical LLC (“Plaintiff”
("Plaintiff" or "Blue
“Blue Flame
Flame Medical"),
Medical”), by
by its
itsundersigned
undersigned attorneys,
attorneys, hereby
hereby
responds to
responds to Defendants’
Defendants' First Set of
First Set of Interrogatories,
Interrogatories, dated
dated September
September 10, 2020 (each
10, 2020 (each
interrogatory therein,
interrogatory therein, individually,
individually, an “Interrogatory” collectively, the
"Interrogatory" and collectively, the "Interrogatories").
“Interrogatories”).
Plaintiff hereby
Plaintiff hereby incorporates
incorporates each
each of
of its General
General Objections
Objections and Specific
Specific Objections
Objections to the
the
CONFIDENTIAL–-
CONFIDENTIAL
SUBJECT TO PROTECTIVE ORDER
Case 1:20-cv-00658-LMB-IDD Document 150-28 Filed 05/20/21 Page 3 of 35
PageID# 3864
Interrogatories, as set forth
forth in Plaintiff’s
Plaintiff's Objections to Defendants'
Defendants’ First Set of Interrogatories to
Plaintiff Blue Flame Medical LLC, previously served on September 25, 2020 (the “Objections”).
"Objections").
RESPONSES
Subject
Subject to the General
to the General Objections
Objections and
and Specific
Specific Objections
Objectionsstated
statedfor
for each
each of the
of the
Interrogatories
Interrogatories in
in Plaintiff’s
Plaintiff's Objections, each of which is hereby
hereby incorporated
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
("Chain Bridge
Bridge Bank”): Based on
Bank"): Based on his conversation with
Mr. Gula on
Mr. on March
March 25,
25, 2020,
2020, Mr.
Mr. Brough
Brough was
was aware
aware of ofthe
thecircumstances,
circumstances,
amount, and purpose of the
amount, the Wire
Wire Transfer;
Transfer; the
the underlying
underlying agreement
agreement between
between
Blue Flame Medical
Medical and the State of California (“California”
("California" or the “State”)
"State") for
the purchase of 100 million
million N95 masks
masks associated
associated with the Wire
Wire Transfer;
Transfer; and
Blue Flame Medical’s need to
Medical's need to promptly
promptly wire
wire funds
funds received
received through
through the Wire
Wire
Transfer
Transfer toto secure
secure N95
N95 masks
masks for
for California’s
California's order. Upon information
order. Upon information and
and
belief, Mr. Brough
belief, Mr. Brough waswas also aware of Chain Bridge Bank’s
aware Chain Bridge Bank's acceptance acceptance of the
payment order
payment order associated
associated with
with the
the Wire
Wire Transfer;
Transfer; the
the crediting
crediting ofof the funds to
Blue Flame's
Flame’s account,
account, California’s
California's request
request that
that the funds be returned
returned that was
triggered by
triggered Mr. Brough
by Mr. Brough and and Mr.
Mr.Evinger's
Evinger’sdiscussion(s)
discussion(s) withwith California
California
representatives on
representatives on March
March 26,
26, 2020;
2020; Chain
Chain Bridge
Bridge Bank’s
Bank's decision
decision to return the
funds
funds associated
associated with
with the
the Wire
Wire Transfer
Transfer inin response
response to to that request;
request; and the
the
financial and regulatory implications
implications ofof Chain
Chain Bridge
Bridge Bank’s
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
Bridge Bank:
Bank: Same as Mr. Brough.
•• Maria Assistant Vice
Maria Cole, Assistant Vice President
President and
and Commercial
Commercial Relationship
Relationship Manager,
Manager,
Chain Bridge Bank: Based on
Bank: Based on her
her communications
communications with
with Mr.
Mr. Gula,
Gula, Mr.
Mr. Thomas,
Thomas,
2 CONFIDENTIAL –-
SUBJECT TO PROTECTIVE ORDER
Case 1:20-cv-00658-LMB-IDD Document 150-28 Filed 05/20/21 Page 4 of 35
PageID# 3865
and Mr.
and Mr. Bearman
Bearman on on March
March 24-26,
24-26, 2020,
2020, Ms.
Ms. Cole
Cole waswas aware
aware of the
of the
circumstances,amount,
circumstances, amount,and andpurpose
purposeofof the
the Wire
Wire Transfer
Transfer and BlueBlue Flame
Flame
Medical's need to promptly
Medical’s promptly wire
wire funds
funds received
received through
through the WireWire Transfer
Transfer to
secure N95 masks
masks for
for California’s
California's order. Ms.
Ms. Cole
Cole also
also is
is aware
aware ofof Chain
Chain Bridge
Bank’s representations
Bank's representations on
on March
March 26, 2020 that the funds associated with the Wire
Transfer
Transfer had
had been
been received
received by
by Chain
Chain Bridge
Bridge Bank
Bank and that such such funds
funds were
were
available in Blue Flame Medical’s
Medical's account; and Blue Flame Medical’s
Medical's request to
wire funds received through
through the Wire Transfer
Transfer to one of its
its suppliers
suppliers following
following
those confirmations.
•• Michael
Michael C. Gula,
Gula, Chief
Chief Executive
Executive Officer
Officerofof Blue
Blue Flame
FlameMedical:
Medical: Mr. Gula is
aware of the
aware the circumstances,
circumstances, amount,
amount, and
and purpose
purpose of Wire Transfer;
of the Wire Transfer; the
the
underlying agreement between Blue Flame Medical and the State of California for
the purchase
purchase of 100 million
million N95
N95 masks
masks associated
associated with the Wire Wire Transfer
Transfer and
negotiations with
negotiations with the
the State in connection
connection therewith;
therewith; andand Blue Flame Medical's
Medical’s
need to promptly
promptly wire funds received through the Wire Transfer to secure N95
masks for California’s
California's order. Mr.
Mr. Gula
Gula also
also isis aware
aware of
of his
his discussions
discussions with Mr.
Brough and
Brough and Mr. Evinger
Evinger regarding
regarding the
the Wire
Wire Transfer;
Transfer; the
the fact
fact that the funds
funds
associated with the Wire Transfer appeared
appeared in Blue FlameFlame Medical’s
Medical's account on
Chain Bridge Bank's
Bank’s website; and Chain Bridge Bank's Bank’s representations
representations on March
26, 2020 that the funds
funds associated
associated with the Wire Transfer had been received by
Chain Bridge Bank and that such funds were availableavailable in Blue Flame Medical’s
Medical's
account.
•• John S. Thomas,
Thomas, President
President of
of Blue
Blue Flame
Flame Medical:
Medical: Mr. Thomas is aware of the
circumstances,amount,
circumstances, amount,and and purpose
purpose ofof the Wire
Wire Transfer;
Transfer; thethe underlying
underlying
agreement between Blue Flame Medical and the State California for
agreement between Blue Flame Medical and the State of California the
for the
purchase of
purchase of 100 million
million N95
N95 masks
masks associated
associated with Wire Transfer
with the Wire Transfer and
and
negotiations with
negotiations with the
the State in connection
connection therewith;
therewith; andand Blue Flame Medical's
Medical’s
need to promptly
promptly wire funds received through the Wire Transfer to secure N95
masks for California’s
masks California's order. Mr. Thomas
order. Mr. Thomas also
also is
is aware
aware of of his
his discussions
discussions with
Ms. Cole regarding
regarding the Wire
Wire Transfer;
Transfer; Chain Bridge Bank's
Bank’s representations
representations on
March 26,
March 26, 2020 that
that the
the funds
funds associated
associated with the the Wire
Wire Transfer
Transfer had
had been
been
received by Chain Bridge Bank and that such funds were available in Blue Flame
Medical's account;
Medical’s account; and
and Blue Flame Medical’s
Medical's request
request to wirewire funds
funds received
received
through the Wire Transfer to one of its suppliers following those confirmations.
•• Ethan
Ethan Bearman,
Bearman, Chief
Chief Legal
Legal Officer
Officerof
of Blue
Blue Flame
Flame Medical: Mr. Bearman
Medical: Mr. Bearman is
aware of the
aware the circumstances,
circumstances, amount,
amount, and
and purpose
purpose of Wire Transfer;
of the Wire Transfer; the
the
underlying agreement between Blue Flame Medical and the State of California for
the purchase
purchase of 100 million
million N95
N95 masks
masks associated
associated with the Wire
Wire Transfer
Transfer and
negotiations with
negotiations with the
the State in connection
connection therewith;
therewith; and
and Blue Flame Medical's
Medical’s
need to promptly
promptly wire funds received through the Wire Transfer to secure N95
masks for
masks for California’s
California'sorder. Mr. Bearman
order. Mr. Bearman is also
also aware
aware of
of Blue
Blue Flame
Flame
Medical’s request to wire funds received through the Wire Transfer
Medical's Transfer to one of its
suppliers on March 26, 2020 following
suppliers following Chain Bridge Bank's
Bank’s confirmations
confirmations that
3 CONFIDENTIAL –-
SUBJECT TO PROTECTIVE ORDER
Case 1:20-cv-00658-LMB-IDD Document 150-28 Filed 05/20/21 Page 5 of 35
PageID# 3866
the funds associated with the Wire Transfer had been received by Chain
Chain Bridge
Bridge
Bank and that such funds were available in Blue Flame
Flame Medical’s
Medical's account.
•• Marc
Marc Serrio,
Serrio, Chief
Chief Financial
Financial Officer,
Officer,Blue
BlueFlame
FlameMedical:
Medical: Mr. Serrio
Serrio has
has
become aware of the circumstances,
circumstances, amount,
amount, and purpose of the Wire
Wire Transfer;
Transfer;
the underlying
the underlying agreement
agreementbetween
betweenBlue BlueFlame
FlameMedical
Medicaland
and the
the State
State of
California for the purchase of 100 million
California million N95 masks
masks associated with the Wire
Transfer and negotiations with the State in connection therewith; and Blue Flame
Medical's need to promptly
Medical’s promptly wire
wire funds
funds received
received through
through the Wire
Wire Transfer
Transfer to
secure N95 masks for California’s
California's order.
•• Paris Pope, Salesperson, Blue Flame
Flame Medical:
Medical: Same as Mr. Serrio.
•• Clare Cuddy,
Cuddy, Gula Graham: Ms. Cuddy
Graham: Ms. Cuddy isis aware
aware of
of the
the circumstances,
circumstances, amount,
amount,
and purpose of the Wire Transfer, as well as the fact that the funds associated with
the Wire Transfer appeared
appeared in Blue Flame Medical's
Medical’s account
account on Chain
Chain Bridge
Bridge
Bank’s website.
Bank's
•• Mathew
Mathew Littman,
Littman,Public
PublicAffairs
AffairsConsultant:
Consultant: Mr.
Mr. Littman
Littman isis aware
aware of the
the
circumstances,amount,
circumstances, amount,and and purpose
purpose of
of the Wire
Wire Transfer;
Transfer; the
the underlying
underlying
agreement between
agreement betweenBlue
Blue Flame
Flame Medical
Medicalandand the
the State
State of California
California for the
for the
purchase of
purchase million N95
of 100 million N95 masks
masks associated
associated with Wire Transfer;
with the Wire Transfer; and
and
negotiations with the State in connection therewith.
•• Betty
Betty Yee,
Yee, Controller
Controllerofofthe
the State
Stateof
of California:
California: Ms.
Ms. Yee
Yee is aware
aware of thethe
circumstances,amount,
circumstances, amount,and and purpose
purpose of
of the Wire
Wire Transfer;
Transfer; the
the underlying
underlying
agreement between
agreement betweenBlueBlue Flame
Flame Medical
Medicalandand the
the State
State of California
California for the
for the
purchase of
purchase of 100 million
million N95
N95 masks
masks associated
associated with Wire Transfer
with the Wire Transfer and
and
negotiations with
negotiations with the
the State in connection
connection therewith;
therewith; and
and Blue Flame Medical's
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
California: Upon information and belief, Ms.
circumstances, amount, and purpose of the Wire Transfer; the
Ma is aware of the circumstances,
underlying agreement between Blue Flame Medical and the State of California for
the purchase
purchase of 100 million
million N95
N95 masks
masks associated
associated with the Wire
Wire Transfer
Transfer and
negotiations with
negotiations with the
the State in connection
connection therewith;
therewith; and
and Blue Flame Medical's
Medical’s
need to receive prepayment in order to secure the N95 masks ordered by the State
of California. Upon information
California. Upon information and belief,
belief, Ms.
Ms. Ma
Ma also
also is aware
aware of
of the State’s
State's
request that
request that the funds be returned
returned that was triggered
triggered by Mr.
Mr. Brough
Brough and Mr.Mr.
Evinger’s discussion(s)
Evinger's discussion(s) with
with representatives of the State on March 26, 2020.
•• Mark Hariri, Director
Director of
of the
the Centralized
Centralized Treasury
Treasury and
and Securities
Securities Management
Management
Division, California
California State
State Treasurer’s
Treasurer's Office: Same as Ms. Ma.
Office: Same
•• Andre Rivera,
Andre Rivera, Assistant
Assistant Director
Director of the
the Centralized
Centralized Treasury
Treasury and
and Securities
Securities
Management Division, California
California State
State Treasurer’s
Treasurer's Office:
Office: Same as Ms. Ma.
4 CONFIDENTIAL –-
SUBJECT TO PROTECTIVE ORDER
Case 1:20-cv-00658-LMB-IDD Document 150-28 Filed 05/20/21 Page 6 of 35
PageID# 3867
•• Natalie Gonzales, Manager, Financial Services Section, Centralized Treasury and
Securities
Securities Management
ManagementDivision,
Division,California
CaliforniaState
StateTreasurer’s
Treasurer'sOffice:
Office: Same as
Ms. Ma.
•• Daniel Kim, Director of the California Department of General Services (“DGS”):("DGS"):
Mr. Kim
Mr. Kim isis aware
aware ofof the
thecircumstances,
circumstances, amount,
amount, and
and purpose
purpose of the Wire
of the Wire
Transfer; the State of California's
California’s vetting of Blue Flame Medical as a prospective
government contractor
government contractor in in connection
connection with
with the Wire
Wire Transfer;
Transfer; the
the underlying
underlying
agreement between
agreement betweenBlue
Blue Flame
Flame Medical
Medicalandand the
the State
State of California
California for the
for the
purchase of
purchase of 100 million
million N95
N95 masks
masks associated
associated with Wire Transfer
with the Wire Transfer and
and
negotiations with
negotiations with the
the State in connection
connection therewith;
therewith; and
and Blue Flame Medical's
Medical’s
need to receive prepayment in order to secure the N95 masks ordered by the State.
Upon information
information andand belief,
belief, Mr.
Mr. Kim
Kim also
also is aware of California's
California’s request
request that
the funds
funds bebe returned
returned that was
was triggered
triggered by Mr.
Mr. Brough
Brough and
and Mr.
Mr. Evinger's
Evinger’s
discussion(s) with representatives of the State on March 26, 2020.
•• Michael Wong, Contracts Administrator,
Administrator, California
California DGS:
DGS: Same as Mr. Kim.
•• Andrew Sturmfels,
Sturmfels, Deputy
Deputy Director
Director for
for Administration,
Administration,California
CaliforniaDGS:
DGS: Upon
information and belief, Mr. Sturmfels is aware of the circumstances, amount, and
purpose of the Wire
purpose Wire Transfer;
Transfer; the State of California's
California’s vetting
vetting of Blue
Blue Flame
Flame
Medical as aa prospective
Medical prospective government
government contractor
contractor in connection
connection with
with the Wire
Wire
Transfer; the underlying agreement between Blue FlameFlame Medical
Medical and the State of
California for the purchase of 100 million
California million N95 masks
masks associated with the Wire
Wire
Transfer and negotiations with the State in connection therewith; and Blue Flame
Medical’s need
Medical's need to
to receive
receive prepayment
prepayment in order to secure the N95 N95 masks
masks ordered
by the
the State.
State. Upon
Uponinformation
information and
and belief,
belief, Mr.
Mr. Sturmfels
Sturmfels also
also is aware
aware of
California’s request that the funds be returned
California's returned that was triggered by Mr. Brough
and Mr. Evinger's
Evinger’s discussion(s)
discussion(s) with representatives
representatives of
of the
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,
Manager, California
California DGS:
DGS: Same as Mr. Sturmfels.
•• Abigail Browning,
Abigail Browning, Chief,
Chief, Office of Private
Private Sector/NGO
Sector/NGO Coordination,
Coordination, State
State of
California Governor’s
California Governor's Office of Emergency
Emergency Services:
Services: Ms. Browning is aware of
the circumstances,
circumstances,amount,
amount,and
andpurpose
purposeofof the
the Wire
Wire Transfer;
Transfer; the
the State
State of
California's vetting
California’s vetting of Blue Flame
of Blue Flame Medical
Medical asas a aprospective
prospectivegovernment
government
contractor in connection
contractor connection with the Wire
Wire Transfer;
Transfer; and
and the
the underlying
underlying agreement
agreement
between Blue Flame Medical and the State of California for the purchase of 100
million N95 masks associated
associated with the Wire Transfer and negotiations
negotiations with the
State in connection therewith.
•• Suuchi Ramesh, Founder
Founder and
and Chief
Chief Executive
Executive Officer,
Officer, Suuchi,
Suuchi, Inc.:
Inc.: Ms. Ramesh
is aware
aware of
of the
the circumstances
circumstances of
of the
the Wire
Wire Transfer;
Transfer; the
the underlying
underlying agreement
agreement
5 CONFIDENTIAL –-
SUBJECT TO PROTECTIVE ORDER
Case 1:20-cv-00658-LMB-IDD Document 150-28 Filed 05/20/21 Page 7 of 35
PageID# 3868
between Blue Flame Medical and the State of California for the purchase of 100
million N95 masks associated with the Wire Transfer;
Transfer; and Blue Flame’s
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
Henry Huang,
Huang, Founder
Founder and
and Chairman,
Chairman, Great
Great Health
Health Companion
CompanionGroup: Mr.
Group: Mr.
Huang is aware
Huang aware of
of the
the circumstances
circumstances of
of the
the Wire
Wire Transfer;
Transfer; the
the underlying
underlying
agreement between
agreement betweenBlue
Blue Flame
Flame Medical
Medicalandand the
the State
State of California
California for the
for the
purchase of 100 million N95 masks associated with the Wire Transfer; and Blue
Flame’s intention
Flame's intention to wire
wire funds
funds received
received through the Wire Transfer to secure the
N95 masks ordered by the State.
•• Unidentified representatives
Unidentified representativesofof JPMorgan
JPMorganChase
ChaseBank: Upon information
Bank: Upon information and
belief, certain representatives
representatives of
of JPMorgan
JPMorgan Chase
Chase Bank
Bank unknown
unknown atat this time to
Blue Flame Medical were aware of the circumstances, amount, and purpose of the
Wire Transfer; Chain Bridge Bank's
Bank’s acceptance
acceptance of the payment
payment order associated
with the Wire Transfer; the State of California’s
California's request that the funds be returned
that was
that was triggered
triggered by
by Mr.
Mr. Brough
Brough and
and Mr.
Mr.Evinger's
Evinger’sdiscussion(s)
discussion(s) with
with
representatives of the State on March 26, 2020; and Chain
Chain Bridge
Bridge Bank’s
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
Flame Medical and Defendants
Defendants in
in this litigation
litigation have
have become
become aware
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.
INTERROGATORY NO.2:
Identify all persons with knowledge of Blue Flame Medical’s
Medical's actual or potential contract,
agreement, order,
agreement, order, invoice,
invoice, or other business
business arrangement
arrangement toto deliver
deliver N95
N95 masks
masks or other PPE to
the State of California,
California, or any
any officer,
officer, unit, or
or subdivision
subdivision thereof,
thereof, and describe
describe the nature of
their role and knowledge.
RESPONSE TO INTERROGATORY
INTERROGATORY NO.
NO.2:
Plaintiff is aware of the
Plaintiff the following
following persons
persons with knowledge
knowledge of Blue Flame
Flame Medical's
Medical’s
actual or potential
potential contracts, agreements,
agreements, orders,
orders, or other business arrangement
arrangement to deliver N95
masks or other personal protective equipment
equipment (“PPE”)
("PPE") to the State of California, or any officer,
unit, or subdivision thereof, and the nature of their current role and knowledge:
6 CONFIDENTIAL –-
SUBJECT TO PROTECTIVE ORDER
Case 1:20-cv-00658-LMB-IDD Document 150-28 Filed 05/20/21 Page 8 of 35
PageID# 3869
•• John J. Brough, Chief Executive Officer and Member of the Board of Directors of
Chain Bridge
Chain Bridge Bank: Based on
Bank: Based on his
his conversation
conversation with Mr. Gula
Gula onon March
March 25,
25,
2020, Mr. Brough was aware of Blue Flame Medical’s
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
Bridge Bank:
Bank: Same as Mr. Brough.
•• Maria Assistant Vice
Maria Cole, Assistant Vice President
President and
and Commercial
Commercial Relationship
Relationship Manager,
Manager,
Chain Bridge Bank: Based on
Bank: Based on her
her communications
communications with
with Mr.
Mr. Gula,
Gula, Mr.
Mr. Thomas,
Thomas,
and Mr. Bearman
Bearman on March 24-26,24-26, 2020,
2020, Ms.
Ms. Cole was aware of Blue
Blue Flame
Flame
Medical’s contract
Medical's contract to
to sell
sell 100
100 million N95 masks to the State.
•• Michael
Michael C. Gula,
Gula, Chief
Chief Executive
Executive Officer
Officerofof Blue
Blue Flame
FlameMedical:
Medical: Mr. Gula is
aware of Blue Flame Medical’s
aware Medical's contract
contract to sell 100 million
million N95 masks
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
of Blue
Blue Flame
Flame Medical:
Medical: Same as Mr. Gula.
•• Officer of
Ethan Bearman, Chief Legal Officer of Blue
Blue Flame
Flame Medical:
Medical: Same as Mr. Gula.
•• Marc
Marc Serrio,
Serrio, Chief
Chief Financial
Financial Officer,
Officer,Blue
BlueFlame
FlameMedical:
Medical: Mr. Serrio
Serrio has
has
become aware of Blue Flame Medical's
Medical’s contract to sell 100 million N95 masks to
the State, as well
well as
as negotiations
negotiations between Blue Flame
Flame Medical
Medical and
and the State to
supply additional PPE that were ongoing as of March 26, 2020.
•• Paris Pope, Salesperson, Blue Flame
Flame Medical:
Medical: Same as Mr. Serrio.
•• Jennilee Brown, Thomas
Thomas Partners
Partners Strategies:
Strategies: Same as Mr. Serrio.
•• Mathew Littman, Public Affairs
Affairs Consultant:
Consultant: Same as Mr. Gula.
•• Betty Yee, Controller
Controller of
of the
the State
State of
of California: Ms. Yee is aware of Blue Flame
California: Ms.
Medical's contract
Medical’s contracttoto sell
sell 100
100 million
million N95
N95 masks
maskstoto the
the State,
State, as
as well 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
Treasurer of
of the
the State
State of
of California: Ms. Ma
California: Ms. Ma is
is aware
aware of
of Blue
Blue Flame
Flame
Medical’s contract
Medical's contract to
to sell
sell 100
100 million N95 masks to the State.
•• Mark Hariri, Director
Director of
of the
the Centralized
Centralized Treasury
Treasury and
and Securities
Securities Management
Management
Division, California
California State
State Treasurer’s
Treasurer's Office: Same as Ms. Ma.
Office: Same
•• Andre Rivera,
Andre Rivera, Assistant
Assistant Director
Director of the
the Centralized
Centralized Treasury
Treasury and
and Securities
Securities
Management Division, California
California State
State Treasurer’s
Treasurer's Office:
Office: Same as Ms. Ma.
7 CONFIDENTIAL –-
SUBJECT TO PROTECTIVE ORDER
Case 1:20-cv-00658-LMB-IDD Document 150-28 Filed 05/20/21 Page 9 of 35
PageID# 3870
•• Natalie Gonzales, Manager, Financial Services Section, Centralized Treasury and
Securities
Securities Management
ManagementDivision,
Division,California
CaliforniaState
StateTreasurer’s
Treasurer'sOffice:
Office: Same as
Ms. Ma.
•• Daniel Kim, Director of the California
California DGS:
DGS: Same as Ms. Yee.
•• Michael Wong, Contracts Administrator,
Administrator, California
California DGS:
DGS: Same as Ms. Yee.
•• Andrew Sturmfels, Deputy Director for
for Administration,
Administration, California
California DGS:
DGS: Same as
Ms. Ma.
•• Fee Chang, Chief Accounting Officer, Office of Fiscal Services, California DGS:
Same as Ms. Ma.
•• Bill Simonson, Emergency Manager,
Manager, California
California DGS:
DGS: Same as Ms. Yee.
•• Abigail Browning,
Abigail Browning, Chief,
Chief, Office of Private
Private Sector/NGO
Sector/NGO Coordination,
Coordination, State
State of
California Governor’s
Governor's Office of Emergency Services: Same as Ms. Yee.
Services: Same
•• Suuchi Ramesh, Founder
Founder and
and Chief
Chief Executive
Executive Officer,
Officer, Suuchi,
Suuchi, Inc.:
Inc.: Ms. Ramesh
is aware of Blue Flame Medical's
Medical’s contract to sell 100 million N95 masks to the
State.
•• Mark Herman, Chief Financial Officer,
Officer, Suuchi,
Suuchi, Inc.:
Inc.: Same as Ms. Ramesh.
•• Henry Huang, Founder
Founder and Chairman,
Chairman, Great
Great Health
Health Companion
CompanionGroup
Group Same as
Ms. Ramesh.
•• William Lee, Member, Peak Consulting
Consulting LLC:
LLC: Same as Ms. Ramesh.
•• Brian Calle: Mr. Calle,
Calle: Mr. Calle, aa friend
friend of
of Mr.
Mr. Thomas
Thomas that
that connected
connected Blue Flame to a
potential PPE
potential PPE supplier,
supplier, is
is aware
aware of
of Blue Flame
Flame Medical’s
Medical's contract
contract to sell 100
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
Blue Flame
Flame Medical’s
Medical's contract to sell 100
million N95
million N95 masks
masks to the
the State,
State, as
as have
have various
various reporters
reporters that
that have
have published
published news
news articles
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
former director,
director, officer,
officer, agent,
agent, employee,
employee, attorney,
attorney,oror other
other Person
Person acting
acting on
on its behalf
behalf
solicited, negotiated, and agreed on any actual or potential contract, agreement, order, invoice, or
8 CONFIDENTIAL –-
SUBJECT TO PROTECTIVE ORDER
Case 1:20-cv-00658-LMB-IDD Document 150-28 Filed 05/20/21 Page 10 of 35
PageID# 3871
other business
other business arrangement
arrangement with
with the
the State
State of California
California or any any officer,
officer, unit,
unit, or
or subdivision
subdivision
thereof to supply N95 masks or other
other PPE,
PPE, including
including all
all related
related communications
communications between Blue
Flame Medical
Medical (or anyone
anyone acting
acting on its behalf or at its direction) and the State of California
California or
any officer, unit, or subdivision thereof.
RESPONSE TO INTERROGATORY NO. 3:
Blue Flame Medical began negotiating with representatives
representatives of
of the State of California to
supply PPE
supply PPE in March
March 2020. Specifically, on
2020. Specifically, on March
March 20,
20, 2020,
2020, Mr.
Mr. Thomas
Thomas reached
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.
Mr. Littman
Littman informed
informed Mr.
Mr. Thomas
Thomas that afternoon that his contact at the State of
California had spoken
California spoken to Betty Yee, the California
California State Controller,
Controller, and informed
informed her of Blue
Flame Medical’s
Medical's ability
ability to supply
supply PPE. Later that
PPE. Later that afternoon,
afternoon, Ms.
Ms. Yee
Yee sent
sent Mr.
Mr. Thomas
Thomas a text
message informing
informing him
him that
that the
the Governor’s
Governor's Office was aware
aware of Blue Flame
Flame Medical’s
Medical's offer to
sell PPE and that someone would get
get in touch
touch with
with Blue
Blue Flame
Flame Medical
Medical to
to discuss
discuss further.
further. That
evening, Blue
evening, Blue Flame
Flame Medical
Medical was contacted
contacted by Abigail
Abigail Browning
Browning (Chief,
(Chief, Office Private
Office of Private
Sector/NGO
Sector/NGO Coordination
Coordination of
of the
the California
California Governor’s
Governor's Office of Emergency Services) and Bill
Simonson
Simonson (Emergency
(Emergency Manager
Manager for
for California’s
California's Department
Department of
of General
General Services
Services (“DGS”))
("DGS")) to
discuss what PPE Blue Flame Medical
Medical could
could supply
supply and
and the
the pricing
pricing for
for that
that PPE.
PPE. That evening,
Mr. Thomas emailed Mr. Simonson
Simonson a copy of Blue Flame Medical's
Medical’s sales
sales sheet
sheet specifying
specifying the
PPE that Blue Flame Medical could provide to the State.
Over the course of the next several
several days, Mr. Thomas continued to speak with Ms. Yee
via text message regarding a potential
potential purchase
purchase of
of PPE
PPE by
by the
the State.
State. Specifically, they discussed
Blue Flame Medical’s receive an up-front
Medical's need to receive up-front deposit to secure PPE ordered by the State,
State,
which Ms. Yee
which Yee informed
informed Mr.
Mr. Thomas
Thomas was
was possible
possible under
under Governor
Governor Newsom's
Newsom’s emergency
emergency
9 CONFIDENTIAL –-
SUBJECT TO PROTECTIVE ORDER
Case 1:20-cv-00658-LMB-IDD Document 150-28 Filed 05/20/21 Page 11 of 35
PageID# 3872
declaration,and
declaration, and the
the status of Mr.
status of Mr. Thomas's
Thomas’s discussions
discussions with
with other
other California
California state
state
representativesregarding
representatives regardingaapotential
potentialagreement
agreementotopurchase
purchasePPE.
PPE. On March
March 22, 2020,
2020, Mr.
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
California. Mr. Thomas informed
informed Mr.
Mr. Wong
Wong that
that Blue
Blue Flame
Flame Medical
Medical could
could supply
supply N95
N95
masks and other PPE, but would require prepayment in order for Blue Flame Medical to secure
the inventory. That
That evening,
evening, Mr.
Mr. Wong
Wong informed
informed Mr.
Mr. Thomas
Thomas that
that he
he would
would have to determine
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
Flame Medical. That afternoon,
Medical. That afternoon, Mr. Wong requested that Mr.
Thomas provide
provide Blue
Blue Flame
Flame Medical’s
Medical's sales sheet, and Mr. Thomas sent that sales sheet to Mr.
Wong that
Wong that evening
evening via
via email. Later that
email. Later that night,
night, Mr.
Mr. Wong
Wong asked
asked Mr.
Mr. Thomas
Thomas to
to provide
provide
specification and
specification and certification
certification sheets
sheets and
and proposed
proposed payment
payment terms,
terms, and
and Mr. Thomas agreed to
provide that information the next morning.
The morning
morning of March 24,
24, Mr.
Mr. Thomas
Thomas sent
sent Mr.
Mr. Wong
Wong specification
specification and
and certification
certification
sheets for the N95 masks and COVID-19 tests that Blue Flame Medical could supply to the State
via email,
email, and
and requested
requested direction
direction from Mr. Wong
Wong regarding
regarding which specific
specific items
items the State
State
would like
would like to purchase. The afternoon
purchase. The afternoon of
of March
March 24,
24, Mr.
Mr. Wong
Wong asked
asked Mr.
Mr. Thomas
Thomas via text
text
message what
message what volume
volume of
of four specified
specified models
models of N95
N95 masks
masks identified
identified on Blue
Blue Flame
Flame
Medical’s shipped immediately.
Medical's sales sheet could be shipped Mr. Thomas
immediately. Mr. Thomas responded
responded by sending
sending Mr.
Wong an inventory list for one of Blue
Blue Flame
Flame Medical's
Medical’s manufacturing
manufacturing sources via email; Mr.
10 CONFIDENTIAL–-
CONFIDENTIAL
SUBJECT TO PROTECTIVE ORDER
Case 1:20-cv-00658-LMB-IDD Document 150-28 Filed 05/20/21 Page 12 of 35
PageID# 3873
Thomas also forwarded
forwarded aa copy
copy of
of that
that email
email to
to Ms.
Ms. Browning. Via text,
Browning. Via text, Mr.
Mr. Thomas
Thomas confirmed
to Mr. Wong
Wong that Blue Flame Medical
Medical would
would be able to source 100 million units of the N95
N95
masks that Mr. Wong had identified
identified within
within aa month. Mr. Wong
month. Mr. Wong also asked Mr. Thomas via text
message to
message to confirm
confirm whether
whether the
the State
State would
would be
be wiring
wiring funds
funds to Blue Flame Medical
Medical or an
overseas company; Mr. Thomas confirmed that all payments by the State would be domestic and
to Blue Flame Medical. The same
Medical. The same day,
day, Mr.
Mr. Gula
Gula participated
participated in
in aa conference
conference call with
with Ms.
Ms.
Browning and representatives
Browning representatives of
of other
other potential
potential PPE
PPE suppliers
suppliers for
for the State, and Mr.
Mr. Thomas
Thomas
continued to
continued to discuss
discuss California’s
California's potential
potential PPE
PPE purchase
purchasewith
withMs.
Ms. Browning
Browningvia
viaemail.
email. Mr.
Thomas
Thomas also
also apprised
apprisedMs.
Ms. Yee
Yee and
and Ms. Browning via
Ms. Browning via text
text message
message of
of the status of his
the status his
discussions with
discussions with Mr. Wong, and continued to discuss additional PPE items that Ms. Browning
Browning
had requested.
morning of March 25, Mr.
The morning Mr. Wong,
Wong, Mr.
Mr. Thomas,
Thomas, and
and Ethan
Ethan Bearman
Bearman continued
continued to
discuss the sale of N95 masks to California. Mr. Thomas
California. Mr. Thomas informed
informed Mr.
Mr. Wong
Wong via text message
that Blue Flame
that Blue Flame Medical
Medical could not continue
could not continue to
to hold
hold inventory
inventory with
with its
its suppliers
suppliers without
without
prepayment, and Mr. Wong responded that he was "working
prepayment, “working with
with finance"
finance” regarding
regarding payment.
payment.
At Mr. Thomas's
Thomas’s request,
request, Mr.
Mr. Bearman
Bearman provided
provided wiring instructions
instructions to Mr. Wong via email.
email.
The afternoon
afternoon of
of March
March 25,
25, Mr. Wong informed
informed Mr.
Mr. Thomas
Thomas by
by text message
message that
that he was
was
“awaiting final approvals for the wire
"awaiting wire transfer”
transfer" from
from the
the Department
Departmentof
ofFinance.
Finance. At Mr.
Mr. Wong’s
Wong's
request, Mr.
request, Mr. Thomas
Thomas sent
sent an
an invoice
invoice for
for the
the purchase
purchase to
to Mr.
Mr. Wong
Wong via
via email. That invoice
email. That invoice
specified that
specified that Blue
Blue Flame
Flame Medical
Medical would
would sell
sell 100
100 million
million N95
N95 masks
masks to
to the
the State
State of the four
models that Mr. Wong had specified
specified at
at a price of $4.76 per mask, plus tax and shipping, for a
total price of $609,161,000.00. Later that
$609,161,000.00. Later that day,
day, Mr.
Mr. Thomas
Thomas received
received a call
call from
from Daniel
Daniel Kim,
Kim,
Director of DGS, to discuss a potential purchase
purchase from
from Blue
Blue Flame
Flame Medical.
Medical. Mr. Kim confirmed
11 CONFIDENTIAL–-
CONFIDENTIAL
SUBJECT TO PROTECTIVE ORDER
Case 1:20-cv-00658-LMB-IDD Document 150-28 Filed 05/20/21 Page 13 of 35
PageID# 3874
that the State of
of California
California would agree to purchase
purchase 100 million
million N95 masks
masks from Blue
Blue Flame
Flame
Medical and may be interested in purchasing additional PPE in the future.
That
That night,
night, Mr. Thomas
Thomas sent
sent text messages
messages to Mr. Kim and
and Mr.
Mr. Wong
Wong regarding
regarding the
details for the first shipment of N95 masks to the State, a schedule
schedule of anticipated shipments and
suppliers, and Blue
suppliers, Blue Flame
Flame Medical’s
Medical's supply
supply chain
chain for
for the
the N95
N95 masks. Mr. Wong
masks. Mr. Wong informed
informed Mr.
Thomas
Thomas via email
email and text that the wire transfer request could
could not be approved
approved in time for the
wire transfer deadline on March
March 25,
25, and
and would
would be
be sent
sent the
the next
next day. Mr. Thomas also discussed
day. Mr.
the timing of the State's
State’s wire
wire transfer
transfer with
with Ms.
Ms. Yee
Yee via
via text
text message
message that
that evening;
evening; Ms. Yee
Yee
confirmed the wire would be sent the next day.
In addition to the 100
100 million
million N95
N95 masks
masks that
that California
California agreed to purchase
purchase from Blue
Flame Medical,
Flame Medical, Ms.
Ms. Browning
Browning also
also told
told Mr.
Mr. Thomas
Thomas via
via email
email the evening
evening of March 25 that
California wished
California wished to
to purchase
purchase hundreds
hundreds of
of millions
millions of additional
additional pieces PPE, including
pieces of PPE, including
additional N95 masks and other protective
additional protective masks, face shields,
shields, ventilators,
ventilators, IV pumps,
pumps, gloves,
gloves,
swabs, gowns, and coveralls. Mr.
Mr. Thomas
Thomas informed
informed Mr.
Mr. Wong
Wong via text message that Blue Flame
Medical could
Medical could supply
supply the
the PPE Ms.
Ms. Browning
Browning had identified,
identified, and Mr.
Mr. Wong
Wong responded
responded by
requesting pricing
requesting pricing and
and spec sheet information
information and
and stating
stating that
that he would “run
"run numbers with my
team and verify with you tomorrow.”
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
process and ultimately
had been sent by the
the State.
State. After
AfterDefendants
Defendants accepted
accepted the
the payment
payment order on behalf
behalf of Blue
Blue
Flame Medical as beneficiary, credited the funds to Blue Flame Medical’s
Medical's account, and agreed to
return the funds after causing California to request they be returned,
returned, Mr. Thomas
Thomas attempted to
contact Mr.
contact Mr. Wong,
Wong, Mr.
Mr. Kim,
Kim, and
and Ms. Yee to address
address any concerns
concerns they had and attempt
attempt to
12 CONFIDENTIAL –-
SUBJECT TO PROTECTIVE ORDER
Case 1:20-cv-00658-LMB-IDD Document 150-28 Filed 05/20/21 Page 14 of 35
PageID# 3875
continue to move
continue move forward
forward with
with the
the transaction. In response,
transaction. In response, on March
March 27, Ms. Yee asked Mr.
"I
Thomas to communicate with Mr. Kim; Mr. Kim informed Mr. Thomas via text message that “I
will have
will have to elevate
elevate this
this and someone
someone will
will be
be in
in touch
touch with
with you.” Despite Mr.
you." Despite Mr. Thomas's
Thomas’s
continual efforts
continual efforts to continue
continue discussions
discussions with
with California
California officials
officials regarding
regarding the
the transaction
transaction
following Defendants'
Defendants’ actions on March 26, 2020, including in telephonic and email discussions
with Mr. Wong in April
April 2020,
2020, California
California has remained unwilling
unwilling to move forward with a PPE
purchase from Blue Flame Medical.
INTERROGATORY NO.
INTERROGATORY NO.4:
Identify
Identify and
and describe
describe each
each order
order received
received or agreement
agreement entered
entered into
into by Blue
Blue Flame
Flame
Medical and/or Blue Flame Strategies for the acquisition, sale, and/or distribution of N95 masks,
other PPE, or other medical supplies, including,
including, for each such order or agreement, the order or
agreement’s material terms (such as its date,
agreement's date, the
the item
item or
or items
items being
being transacted,
transacted, quantity,
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.
INTERROGATORY NO.
RESPONSE TO INTERROGATORY NO.4:
The
The requested
requested information
informationfor
for each
each order
order received
received by
by Blue
Blue Flame
Flame Medical
Medical for the
the
acquisition, sale, and/or distribution of N95 masks, PPE, or other medical supplies is set forth in
Schedule A hereto.
INTERROGATORY
INTERROGATORY NO.
NO.5:
Describe the
Describe nature of
the nature of any
anypersonal,
personal, familial,
familial, financial,
financial, professional,
professional, or
or business
business
relationships existing
relationships existing between
between and
and among,
among, onon the one hand, any persons
persons associated
associated with Blue
Flame Medical, Blue Flame Strategies,
Strategies, Redline
Redline Strategies,
Strategies, and,
and, on
on the other hand, any of those
entities’ clients,
entities' clients, potential
potential clients,
clients, referral
referral sources, manufacturers, distributors, or suppliers.
INTERROGATORY NO.
RESPONSE TO INTERROGATORY NO.5:
Plaintiff is aware of
Plaintiff of the
the following
following relationships
relationships existing
existing between
between Blue Flame
Flame Medical,
Medical,
including its employees, officers, directors, agents,
agents, attorneys,
attorneys, representatives,
representatives, and/or affiliates,
affiliates,
on the one
one hand,
hand, and
and any
any clients,
clients, potential
potential clients,
clients, referral
referral sources,
sources, manufacturers,
manufacturers, distributors,
distributors,
13 CONFIDENTIAL –-
SUBJECT TO PROTECTIVE ORDER
Case 1:20-cv-00658-LMB-IDD Document 150-28 Filed 05/20/21 Page 15 of 35
PageID# 3876
or suppliers of Blue Flame
Flame Medical,
Medical, on
on the
the other
other hand. For purposes
hand. For purposes of
of this
this response,
response, Plaintiff
interprets “potential
interprets "potential clients”
clients" as any
any potential
potential Blue
Blue Flame
Flame Medical
Medical customer
customer or
or representative
representative
thereof that engaged in some degree of discussion with Blue Flame Medical regarding a potential
transaction.
Name of Client, Potential Client, Referral Nature of Relationship
Source, Manufacturer, Distributor, or
Supplier (Role)
Martin Ahrens, Drummond Mining (Potential Professional relationship with Mr. Gula (less
client) than one year)
Christopher Alexander, 721 Government Professional relationship with Mr. Gula and
Strategies (Supplier broker) Mr. Thomas
Lindsay Angerholzer (Referral partner) Professional relationship with Mr. Gula
(approximately 10 years)
Carlos Antonio (Supplier broker) Professional relationship with Mr. Gula (less
than one year)
Kate Arnold, Velox Medical (Referral partner) Professional relationship with Mr. Gula (less
than one year)
Robert Avery (Supplier broker) Professional relationship with Mr. Gula
(approximately 5 years)
David Balland, Department of Veterans Affairs Professional relationship with Mr. Gula (less
than one year)
Kevin Barone (Potential client) Professional relationship with Mr. Gula (less
than one year)
Melanie Bartis, Houston Emergency Professional relationship with Mr. Gula (less
Management (Potential client) than one year)
Hillary Bassett, Still Hopes (Potential client) Professional relationship with Mr. Gula (less
than one year)
Henrico County, Virginia
Jackson Baynard, Hem-ico Professional relationship with Mr. Gula (less
(Potential client) than one year)
Simon Behrmann (Potential referral source) Professional relationship with Mr. Gula (less
than one year)
14 CONFIDENTIAL –-
SUBJECT TO PROTECTIVE ORDER
Case 1:20-cv-00658-LMB-IDD Document 150-28 Filed 05/20/21 Page 16 of 35
PageID# 3877
Scott Berggren (Potential referral source) Professional relationship with Mr. Gula (less
than one year)
Melissa Berling, Duke Energy (Potential Professional relationship with Mr. Gula (less
client) than one year)
John Bissell, State of Tennessee Central Professional relationship with Mr. Gula (less
Procurement Office (Client) than one year)
Janet Blanding, Tri Area Health Care Professional relationship with Mr. Gula (less
(Potential client) than one year)
Mark Bonacci, Recovery Road Addiction Professional relationship with Mr. Gula (less
(Potential client) than one year)
Luke Bosso, Indiana Economic Development Professional relationship with Mr. Gula (less
Corporation (Potential client) 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 Professional relationship with Mr. Gula (less
source) than one year)
David Brown, Exelon (Potential client) Professional relationship with Mr. Gula
(approximately 7 years)
Nicole Brunelle, North Dakota State Professional relationship with Mr. Gula (less
Government (Potential client) than one year)
Julio Cabral-Corrada (Potential referral source) Professional relationship with Mr. Gula (less
than one year)
Greg Card, City of Sunnyvale, California Professional relationship with Mr. Gula (less
(Potential client) 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)
15 CONFIDENTIAL –-
SUBJECT TO PROTECTIVE ORDER
Case 1:20-cv-00658-LMB-IDD Document 150-28 Filed 05/20/21 Page 17 of 35
PageID# 3878
Scott Campbell (Potential referral source) Professional relationship with Mr. Gula (less
than one year)
Doug Carlson, State of Nebraska (Potential Professional relationship with Mr. Gula (less
client) 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 Professional relationship with Mr. Gula (less
partner) than one year)
Vito Chiaravalloti II, Velox Medical (Referral Professional relationship with Mr. Gula
partner) (approximately 20 years)
Joseph Choi, 2 Point 0 (Supplier) Professional relationship with Mr. Thomas
Elliot Churchill, Maryland Department of Professional relationship with Mr. Gula (less
General Services (Client) 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 Professional relationship with Mr. Gula (less
partner) than one year)
Ryan Coyne (Potential referral source) Professional relationship with Mr. Gula (less
than one year)
Jessica Cornejo, Kai Medical Labs (Referral Professional relationship with Mr. Gula (less
partner) 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)
16 CONFIDENTIAL –-
SUBJECT TO PROTECTIVE ORDER
Case 1:20-cv-00658-LMB-IDD Document 150-28 Filed 05/20/21 Page 18 of 35
PageID# 3879
Jennifer Dammeyer, State of Ohio (Potential Professional relationship with Mr. Gula (less
client) than one year)
Christina Dayries, State of Louisiana Professional relationship with Mr. Gula (less
Governor’s Office
Governor's Office of Homeland Security and than one year)
Emergency Preparedness (Potential client)
Don De Luca, V2 Global (Referral partner) Professional relationship with Mr. Thomas
Mike Delamate, State of New Jersey (Potential Professional relationship with Mr. Gula (less
client) than one year)
Gretchen Deruiter, State of Colorado (Client) Professional relationship with Mr. Gula (less
than one year)
Anthony Depaola, Yale University (Potential Professional relationship with Mr. Gula (less
client) 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,
Dolton, Applied Science (Referral Professional relationship with Mr. Gula (less
partner) 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 Professional relationship with Mr. Gula (less
Sanitation (Potential client) than one year)
Javier Antonio Urrutia Escobar, Government Professional relationship with Mr. Gula (less
of Colombia (Potential client) than one year)
Chad Fleischer, University Hospitals Health Professional relationship with Mr. Gula (less
System (Potential client) 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)
17 CONFIDENTIAL –-
SUBJECT TO PROTECTIVE ORDER
Case 1:20-cv-00658-LMB-IDD Document 150-28 Filed 05/20/21 Page 19 of 35
PageID# 3880
Jordan Gehrke, MTKM LLC (Referral partner) Professional relationship with Mr. Gula
(approximately 6 years)
Josh Geleris, Columbia University Medical Professional relationship with Mr. Gula (less
School (Potential client) than one year)
Saul Gitlin, Mount Sinai Hospital (Potential Professional relationship with Mr. Gula (less
client) 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 Professional relationship with Mr. Gula (less
Association (Potential client) than one year)
Ahmid Faris, Blue Cross Blue Shield of Professional relationship with Mr. Gula (less
Michigan (Potential client) than one year)
Joseph Fawkner (Potential client) Professional relationship with Mr. Gula (less
than one year)
Tom Frasca, University of Maryland Medical Professional relationship with Mr. Gula (less
System (Potential client) 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 Professional relationship with Mr. Gula (less
Management (Client) than one year)
William Heffner, Cardinal Health (Potential Professional relationship with Mr. Gula (less
client) than one year)
18 CONFIDENTIAL –-
SUBJECT TO PROTECTIVE ORDER
Case 1:20-cv-00658-LMB-IDD Document 150-28 Filed 05/20/21 Page 20 of 35
PageID# 3881
Michael Herson (Potential referral source)
Tom Hillmann, State of New Jersey (Potential Professional relationship with Mr. Gula (less
client) than one year)
Mike House (Potential referral source) Professional relationship with Mr. Gula
(approximately 10 years)
Henry Huang, Great Health Companion Personal friendship with Mr. Thomas
(Supplier) (approximately 10 years); professional
supplier relationship
Michael Jensen, Velox Medical (Referral Professional relationship with Mr. Gula
partner) (approximately 3 years)
Chad Jones, Velox Medical (Referral partner) Professional relationship with Mr. Gula
(approximately 2 years)
Courtney Kawelaske, Missouri Department of Professional relationship with Mr. Gula (less
Procurement Services (Potential client) than one year)
David Kelly, Centers for Disease Control Professional relationship with Mr. Gula (less
(Potential client) than one year)
Jonathan Kim (Supplier broker) Professional relationship with Mr. Gula (less
than one year)
Steven King, Rhode Island State Government Professional relationship with Mr. Gula (less
(Potential client) than one year)
Howard Knapp, South Carolina State Election Professional relationship with Mr. Gula (less
Commission (Potential client) than one year)
Matt Knott, LTW Investments (Potential Professional relationship with Mr. Gula (less
client) than one year)
Bradley Knox, KGN LLC (Referral partner) Professional relationship with Mr. Gula
(approximately 10 years)
Bryan Koon, International Homeland Security Professional relationship with Mr. Gula (less
and Emergency Management (Potential client) than one year)
Daryl Krasnuk, Hudson County Division of Professional relationship with Mr. Gula (less
Planning (Potential client) than one year)
Elizabeth Kulesa, St. Jude Children’s
Children's Research Professional relationship with Mr. Gula (less
Hospital (Potential client) than one year)
19 CONFIDENTIAL –-
SUBJECT TO PROTECTIVE ORDER
Case 1:20-cv-00658-LMB-IDD Document 150-28 Filed 05/20/21 Page 21 of 35
PageID# 3882
Josh Lambert (Potential referral source) Professional relationship with Mr. Gula (less
than one year)
Mandy Lee, OMNI Government Relations Professional relationship with Mr. Gula (less
(Potential client) than one year)
William Lee, Peak Consulting (Supplier Personal friendship with Mr. Thomas
broker) (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 Professional relationship with Mr. Gula (less
client) than one year)
Geoffrey Maloon, Milpitas Fire Department Professional relationship with Mr. Gula (less
(Potential client) than one year)
April Manzano, Ricky Martin Foundation Professional relationship with Mr. Gula (less
(Potential client) than one year)
Dawn Mason, CoreCivic (Potential client) Professional relationship with Mr. Gula (less
than one year)
Brittany Maxwell, National Healthcare Corp. Professional relationship with Mr. Gula (less
(Potential client) than one year)
Danny Mays, Maryland Department of General Professional relationship with Mr. Gula (less
Services (Client) than one year)
Tim McAlister, Southern Company (Potential Professional relationship with Mr. Gula (less
client) than one year)
Peter McCann, Home Instead Senior Care Professional relationship with Mr. Gula (less
(Potential client) than one year)
Al McCulloch, Pacha Resources (Potential Professional relationship with Mr. Gula (less
client) than one year)
Dana McElroy (Supplier) Professional relationship with Mr. Gula (less
than one year)
Elena McGrew, Washington State Department Professional relationship with Mr. Gula (less
of Enterprise Services (Potential client) than one year)
20 CONFIDENTIAL –-
SUBJECT TO PROTECTIVE ORDER
Case 1:20-cv-00658-LMB-IDD Document 150-28 Filed 05/20/21 Page 22 of 35
PageID# 3883
Tom McGuire, Johns Hopkins University Professional relationship with Mr. Gula (less
(Potential client) than one year)
Bruce McNamer (Potential client) Professional relationship with Mr. Gula (less
than one year)
Medina, GSD
Martha Medina, GSDSupply
SupplyServices
Services—
– Los Professional relationship with Mr. Gula (less
Angeles (Potential client) than one year)
Michael Meisel, University of Maryland Professional relationship with Mr. Gula (less
(Potential client) than one year)
Josh Merin, International Franchise Professional relationship with Mr. Gula (less
Association (Potential client) 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 Professional relationship with Mr. Gula (less
Health and Human Services (Potential client) than one year)
Tom Morford, Velox Medical (Referral Professional relationship with Mr. Gula (less
partner) 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 Professional relationship with Mr. Gula (less
client) than one year)
Matt Pell (Potential referral source) Professional relationship with Mr. Gula (less
than one year)
Julia Pickle, Alabama Governor’s
Governor's Office Professional relationship with Mr. Gula (less
(Client) than one year)
Michael Pieper, Nevada Hospital Association Professional relationship with Mr. Gula (less
(Potential client) than one year)
John Plishka (Supplier broker) Professional relationship with Mr. Gula (less
than one year)
21 CONFIDENTIAL –-
SUBJECT TO PROTECTIVE ORDER
Case 1:20-cv-00658-LMB-IDD Document 150-28 Filed 05/20/21 Page 23 of 35
PageID# 3884
Veronica Cuellar Pizano, Fundacion Santo Professional relationship with Mr. Gula (less
Domingo (Potential client) 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 Professional relationship with Mr. Gula (less
(Potential client) than one year)
Jonathan Rabinovitz, 55 Industries (Supplier) Professional relationship with Mr. Gula (less
than one year)
Suuchi Ramesh, Suuchi, Inc. (Supplier) Professional relationship
relationship with
withMr.
Mr.Bearman
Beaman
(less than one year)
Brian Rell, Alabama Procurement Task Force Professional relationship with Mr. Gula (less
(Client) than one year)
Roberto Reyes, Neurocrine Biosciences Professional relationship with Mr. Gula (less
(Potential client) than one year)
Ryan Rhodes (Potential referral source) Professional relationship with Mr. Gula (less
than one year)
Jared Rosenstein, Florida Emergency Professional relationship with Mr. Gula (less
Management (Potential client) than one year)
Lynda Rossi, Blue Cross Blue Shield of Professional relationship with Mr. Gula (less
Michigan (Potential client) than one year)
Sheryl Roub, Wyoming Governor’s
Governor's Office Professional relationship with Mr. Gula (less
(Potential client) than one year)
David Sanders, DTS Consulting (Referral Professional relationship with Mr. Gula
partner) (approximately 7-10 years)
Brian Sanderson (Potential referral source) Professional relationship with Mr. Gula (less
than one year)
Cheryl Schlesinger, City of New York Professional relationship with Mr. Gula (less
Department of Sanitation (Potential client) than one year)
Robert Sharbaugh, University Hospital Professional relationship with Mr. Gula (less
(UHNJ) (Potential Client) than one year)
22 CONFIDENTIAL –-
SUBJECT TO PROTECTIVE ORDER
Case 1:20-cv-00658-LMB-IDD Document 150-28 Filed 05/20/21 Page 24 of 35
PageID# 3885
Albert Shen (Potential referral source) Professional relationship with Mr. Gula (less
than one year)
Amanda Shoop, State of South Dakota Professional relationship with Mr. Gula (less
(Potential client) than one year)
Tamara Seney, Redwood County Government Professional relationship with Mr. Gula (less
Center (Potential client) 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 Professional relationship with Mr. Gula (less
Partnership (Potential client) than one year)
Mark R. Smith, HeritageBrand LLC (Referral Professional relationship with Mr. Gula
partner) (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 Professional relationship with Mr. Gula (less
(Potential client) 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)
23 CONFIDENTIAL –-
SUBJECT TO PROTECTIVE ORDER
Case 1:20-cv-00658-LMB-IDD Document 150-28 Filed 05/20/21 Page 25 of 35
PageID# 3886
Nazmije Toci, New York City Department of Professional relationship with Mr. Gula (less
Sanitation (Potential client) than one year)
Alex Turkeltaub (Supplier broker) Professional relationship with Mr. Gula (less
than one year)
Yoshi Tyler, Kai Medical Labs (Referral Professional relationship with Mr. Gula (less
partner) 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
Governor's Office Professional relationship with Mr. Gula
(Client) (approximately 7-10 years)
Justin Wallin, J Wallin Business Strategy Professional relationship with Mr. Thomas
(Referral partner) (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 Professional relationship with Mr. Gula (less
Procurement (Potential client) 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 Professional relationship with Mr. Gula (less
Administrative Services (Potential client) than one year)
Johnny Zhu (Supplier) Professional relationship with Mr. Gula (less
than one year)
24 CONFIDENTIAL –-
SUBJECT TO PROTECTIVE ORDER
Case 1:20-cv-00658-LMB-IDD Document 150-28 Filed 05/20/21 Page 26 of 35
PageID# 3887
Gary Zimmerman (Supplier broker) Professional relationship with Mr. Gula (less
than one year)
INTERROGATORY
INTERROGATORY NO.
NO.6:
State the basis on which
which the Complaint
Complaint alleges that, but for Defendants'
Defendants’ conduct,
conduct, Blue
Flame Medical would have been able to fulfil the State of California’s
California's order of 100 million N95
masks, including
including how and when Blue Flame Medical
Medical would
would have
have done
done so, and why and how it
could have done so despite Blue Flame Medical's
Medical’s inability to fulfill mask orders placed by other
customers in April and May 2020.
INTERROGATORY NO.
RESPONSE TO INTERROGATORY NO.6:
Blue Flame Medical
Medical would
would have
have been
been able
able to fulfill
fulfill the State of California's
California’s order for
100 million N95 masks but for Defendants'
Defendants’ unlawful
unlawful actions because it had reached agreements
with Great Health Companion
Companion and
and Suuchi,
Suuchi, Inc.
Inc. to
to supply
supply the entirety
entirety of California’s
California's order for
100 million N95 masks at the time
time Blue
Blue Flame
Flame Medical
Medical contracted with the State of California
California
on March
March 25,
25, 2020.
2020. AsAsBlue
BlueFlame
FlameMedical
Medicalexplained
explainedtotoCalifornia
Californiarepresentatives
representatives and
and
Defendants, including in discussions on March 25, Blue Flame Medical required prepayment so
that it could
could immediately
immediately begin
begin paying
paying its
its suppliers
suppliers for
for masks
masks to
to fill
fill the State of California's
California’s
order, including 6 million N95 masks that were available to ship domestically as of that date and
the remaining
remaining 94 million masks,
masks, which
which Blue Flame
Flame Medical
Medical had
had arranged
arranged to be delivered
delivered to
California by
California by the end of April
April 2020.
2020. Indeed,
Indeed,when
whenDefendants
Defendants unlawfully
unlawfully returned
returned the funds
funds
paid Blue Flame
paid to Blue Flame Medical
Medical by
by the
the State
State of
ofCalifornia,
California, Blue
Blue Flame
Flame Medical
Medical had
had already
already
requested that
requested that Chain
Chain Bridge
Bridge Bank
Bank wire
wire aa portion
portion of
of those
those funds
funds to Suuchi,
Suuchi, Inc. to secure
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
Because of
of Defendants'
Defendants’actions,
actions, Blue
Blue Flame
Flame Medical
Medical could not make
those payments
those payments and
and lost
lost the
the ability
ability to deliver
deliver that
that product
product to the State
to the State of
of California
California as
as
anticipated.
25 CONFIDENTIAL –-
SUBJECT TO PROTECTIVE ORDER
Case 1:20-cv-00658-LMB-IDD Document 150-28 Filed 05/20/21 Page 27 of 35
PageID# 3888
Flame Medical’s
Blue Flame Medical's inability
inability to
to fill other N95 mask orders
orders in April and May
May 2020
2020
involved different
different circumstances.
circumstances. As detailed in the June 22, 2020 letter submitted on behalf of
Blue Flame Medical to the United
United States
States House
House of
of Representatives
Representatives Committee on Energy and
Commerce, many of those orders involved quantities of N95 masks and other PPE that were too
small secure inventory
small to secure inventory from
from PPE
PPE suppliers
suppliers given
given the
the intense
intense competition
competition within the
within the
marketplace. In
marketplace. In addition,
addition, in
in late
lateApril,
April,Chinese
Chinese government
government officials
officials began delaying
delaying and, in
some cases, seizing, shipments of PPE, which disrupted some of the orders placed by Blue Flame
Medical customers. While certain
customers. While certain of
of the
the N95
N95 masks
masks purchased
purchased by the
the State
State of
of California
California were
scheduled to be shipped in April
April 2020,
2020, Blue
Blue Flame
Flame Medical
Medical believes
believes those
those N95
N95 masks—which
masks—which
would have been
would been fully
fully prepaid,
prepaid, but
but for
forDefendants'
Defendants’actions—nevertheless
actions—nevertheless would
would have been
been
delivered and that any potential delays caused by intervention by the Chinese government would
have resulted in further discussions with California officials.
26 CONFIDENTIAL –-
SUBJECT TO PROTECTIVE ORDER
Case 1:20-cv-00658-LMB-IDD Document 150-28 Filed 05/20/21 Page 28 of 35
PageID# 3889
Dated : October
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
Washington, DC 20005
Tel.: (202)
(202) 729-7476
729-7476
Fax: (202)
(202) 730-4520
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, NewNew York
York 10022
Tel.: (212)
(212) 756-2044
756-2044
Fax: (212)
(212) 593-5955
593-5955
bill.gussman@srz.com
Counsel for Plaintiff Blue Flame Medical LLC
27 CONFIDENTIAL –-
SUBJECT TO PROTECTIVE ORDER
Case 1:20-cv-00658-LMB-IDD Document 150-28 Filed 05/20/21 Page 29 of 35
PageID# 3890
SCHEDULE A
RESPONSE TO INTERROGATORY NO. 4
Customer Order Date(s) Total Order Estimated Gross Items Ordered Agreed Fulfilled or Refund Provided?
Amount Profit (Where Delivery Date Cancelled?
Calculated)
State of California 3/25/20 $609,161,000.00 $143,120,000.00 100,000 N95 masks Various N/A N/A
Idaho State Police 3/30/20 $5,642.70 N/A 400 N95 masks, 400 N/A Cancelled Full: $5,847.06
$5,847.06
foldable N95 masks, (including credit card
200 surgical masks fees)
Maryland Department of 3/30/20; $7,145.22 N/A 400 N95 foldable N/A Cancelled Full: $7,413.37
$7,413.37
State Police 3/31/20 masks, 24 16.9oz (including credit card
bottles of hand fees)
sanitizer, 40 surgical
masks, 100 nonwoven
gowns, 30 digital
thermometers
Melbourne Airport Police 3/30/20 $3,007.87 N/A 400 N95 Masks, 36 N/A Cancelled Full: $3,116.95
$3,116.95
Department 16.9oz bottles of hand (including credit card
sanitizer fees)
Florida Department of 3/31/20 $11,913.47 N/A 400 N95 masks, 600 N/A Cancelled Full: $12,345.55
$12,345.55
Law Enforcement face shields, 504 (including credit card
16.9oz bottles of hand fees)
sanitizer, 1,000
disposable caps, 1,000
disposable shoe
covers
HIGHLY CONFIDENTIAL -– SUBJECT TO PROTECTIVE ORDER
Case 1:20-cv-00658-LMB-IDD Document 150-28 Filed 05/20/21 Page 30 of 35
PageID# 3891
Melbourne Police 3/31/20; $1,807.32 N/A 3 digital N/A Partially fulfilled Partial: $1,020.65
$1,020.65
Department 4/2/20 thermometers, 300 (3 digital (including credit card
face shields, 48 thermometers fees)
16.9oz bottles of hand and 300 face
sanitizer, 100 surgical shields)
masks
Arizona Department of 4/1/20 $1,638.37 N/A 96 loz
1oz bottles
bottles of hand N/A Cancelled Full: $1,697.78
$1,697.78
Public Safety sanitizer, 96 2oz (including credit card
bottles of hand fees)
sanitizer
Iowa DCI Crime 4/1/20 $2,793.00 N/A 2,000 surgical masks N/A Cancelled Full: $2,793.00
$2,793.00
Laboratory
Santa Rosa County 4/1/20 $5,006.40 N/A 400 N95 masks, 1,000 N/A Cancelled Full: $5,187.97
$5,187.97
Sheriff’s Office
Sheriff's shoe covers, 1,000 (including credit card
coveralls fees)
State of Maryland 4/1/20 $12,542,000.00 $2,521,000.00 1,550,000 N95 6/30/20 Partially fulfilled No; $1,652,154.00 paid
Masks; 110 Philips (37 ventilators)
Ventilators
North Carolina State 4/2/20 $2,840.84 N/A 284 2oz bottles of N/A Cancelled Full: $2,943.86
$2,943.86
Bureau of Investigation hand sanitizer, 108 (including credit card
16.9oz bottles of hand fees)
sanitizer, 400 shoe
covers, 500 surgical
masks
Oklahoma State Bureau 4/2/20 $4,812.04 N/A 400 N95 masks, 1,000 N/A Cancelled Full: $4,986.57
$4,986.57
of Investigations surgical masks (including credit card
fees)
2 HIGHLY CONFIDENTIAL -– SUBJECT TO PROTECTIVE ORDER
Case 1:20-cv-00658-LMB-IDD Document 150-28 Filed 05/20/21 Page 31 of 35
PageID# 3892
St. John Child Wellness 4/2/20 $179,392.92 ($115,203.44) 2,004 16.9oz bottles Est. 4/23/20 Partially fulfilled Partial: $114,030.69
$114,030.69
Center of hand sanitizer, (150,000 nitrile
2,004 2oz bottles of gloves)
hand sanitizer,
150,000 nitrile gloves,
30,000 disposable
caps, 30,000
disposable gowns,
200,000 3-ply surgical
masks
Takoma Park Police 4/2/20 $614.97 N/A 192 2oz bottles of N/A Cancelled Full: $637.27
$637.27
Department hand sanitizer, 12 (including credit card
27oz bottles of hand fees)
sanitizer
Dixie County Sheriff’s
Sheriff's 4/3/20 $696.57 N/A 36 6.9oz bottles of N/A Cancelled Full: $721.52
$721.52
Office hand sanitizer, 12 (including credit card
27oz bottles of hand fees)
sanitizer, 2 digital
thermometers
Douglas County Sheriff’s
Sheriff's 4/3/20 $919.93 N/A 10 digital N/A Cancelled Full: $953.28
$953.28
Office thermometers (including credit card
fees)
Marion County Sheriff’s
Sheriff's 4/3/20 $2,885.40 N/A 400 N95 masks N/A Cancelled Full: $2,990.04
$2,990.04
Office (including credit card
fees)
Northern Arizona 4/3/20 $8,423.84 N/A 800 N95 foldable N/A Cancelled (1,000 Full: $8,729.37
$8,729.37
University masks, 288 2oz surgical masks (including credit card
bottles of hand and 800 KN95 fees)
sanitizer, 1,000 masks provided)
surgical masks
3 HIGHLY CONFIDENTIAL -– SUBJECT TO PROTECTIVE ORDER
Case 1:20-cv-00658-LMB-IDD Document 150-28 Filed 05/20/21 Page 32 of 35
PageID# 3893
Riverside University 4/3/20 $495,974.46 $216,614.46 64,000 N95 masks, N/A Cancelled Full: $495,974.46
$495,974.46
Health System 100,000 disposable (including credit card
caps, 100,000 shoe fees)
covers
State of Alabama 4/6/20 $1,386,000.00 $77,000.00 350,000 N95 masks 12-14 days after Cancelled Full: $768,000
$768,000
deposit
State of Tennessee 4/6/20 $3,362,778.32 $423,089.42 500,000 N95 foldable 12-14 days after Cancelled Full:
masks; 500,000 deposit
$2,590,122.00
gowns (non-sterile)
Lone Star College 4/7/20 $4,970.23 N/A 1,000 KN95 masks, 5/7/20 Partially fulfilled Partial: $768.90
$768.90
500 face shields, 55 (1,000 KN95
nitrile gloves masks, 500 face
shields)
North Carolina 4/7/20; $6,297.59 N/A 800 N95 masks, 192 N/A Cancelled Full: $6,526.00
$6,526.00
Department of Safety 4/9/20 2oz bottles of hand (including credit card
sanitizer fees)
State of Alabama 4/8/20 $2,064,000.00 $371,910.00 350,000 N95 masks, 12-14 days after Cancelled Full: $1,032,000.00
$1,032,000.00
200,000 isolation deposit
gowns, 50,000 nitrile
gloves
South Carolina Law 4/10/20 $55,006.84 N/A 900 face shields, 120 N/A Partially fulfilled Partial: $52,249.50
$52,249.50
Enforcement Division 16.9oz bottles of hand (900 face (including credit card
sanitizer, 4,000 shields) fees)
surgical masks, 900
nonwoven safety
gowns
4 HIGHLY CONFIDENTIAL -– SUBJECT TO PROTECTIVE ORDER
Case 1:20-cv-00658-LMB-IDD Document 150-28 Filed 05/20/21 Page 33 of 35
PageID# 3894
New Venture Fund (City 4/16/20 $519,479.00 $28,304.00 96,600 N95 masks N/A Fulfilled No
of Chicago) (100,000 N95
masks)
State of Colorado 4/27/20 $19,064,196.00 $3,812,840.00 1 million full cup N95 N/A Order withdrawn N/A
masks, 1 million
KN95 masks, 4
million surgical
masks, 3 million
nitrile gloves, 600,000
disposable gowns
Bath Lumber, Ely, NV 5/13/20 $1,483.63 $358.63 500 KN95 masks N/A Fulfilled No
Private Medical Office 5/15/20 $1,172.64 $409.44 200 face shields, 400 N/A Fulfilled No
(Dr. Kuvar), Scarsdale, OR caps, 800 shoe
NY covers
Medical Facilities of 5/18/20 $265,022.16 $126,246.16 23,000 sterile N/A Fulfilled No
America (Roanoke, VA) isolation gowns
(Level 2)
5 HIGHLY CONFIDENTIAL -– SUBJECT TO PROTECTIVE ORDER
Case 1:20-cv-00658-LMB-IDD Document 150-28 Filed 05/20/21 Page 34 of 35
PageID# 3895
VERIFICATION
STATE OF CALIFORNIA
SS:
COUNTY OF LOS ANGELES
I, John Thomas, President of Blue Flame Medical LLC, having been duly sworn, do
hereby depose and say that I am authorized to execute this verification on behalf of Blue Flame
Medical LLC. I have reviewed the foregoing interrogatory responses, and the statements set forth
therein are, to the best of my knowledge, information and belief, true and correct.
"A Notary Public or other officer completing
this certificate verifies only the identity of the
individual who signed the document to which
this certificate is attached, and not the
truthfulness, accuracy, or validity of that document."
SWORN TO AND SUBSCRIBED before me
this I October, 2020. STATE OF CALIFORNIA COUNTY OF l.PDA to ‘412-\1)
Subscribed and sworn to (or affirmed) before me on this
i 3 dayof Or 200 by a
proved to me on the basis of ' cry ev to be the person(s)
who appeared before me.
Notary Pi.6lic (Signature nary)
ADY StmION
Notary Public - California
Los Angeles County
Commission # 2325475
My Comm. Expires Apr 24, 2024
DOC ID - 35150731.4
Case 1:20-cv-00658-LMB-IDD Document 150-28 Filed 05/20/21 Page 35 of 35
PageID# 3896
CERTIFICATE OF SERVICE
I HEREBY CERTIFY THAT on this 13th th 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
Washington, DC 20006
Tel.: (202)
(202) 775-4500
775-4500
Fax: (202)
(202) 775-4510
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
Washington, DC 20005
Tel.: (202)
(202) 729-7476
729-7476
Fax: (202)
(202) 730-4520
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, NewNew York
York 10022
Tel.: (212)
(212) 756-2044
756-2044
Fax: (212)
(212) 593-5955
593-5955
bill.gussman@srz.com
Counsel for Plaintiff Blue Flame Medical LLC
File and source
- File
- gov.uscourts.vaed.477405.150.28.pdf
- Size
- 1,165,630 bytes
- SHA-256
- 2e67b402cc5619371ced5924b8bfa4fa93c78b9258c0657c7c535eece79749ea
- Original
- PACER (login required)