Blue Flame v. Chain Bridge — Deposition of Daniel Kim (Exhibit 121)
- Date
- 2021-05-27
Summary
Exhibit 121, filed May 27, 2021 as Document 157-9 in Blue Flame Medical LLC v. Chain Bridge Bank, N.A., et al., Case 1:20-cv-00658-LMB-IDD, in the U.S. District Court for the Eastern District of Virginia, reproduces selected pages of the remote deposition of Daniel Kim taken March 29, 2021. The pages include the caption, which also lists Chain Bridge Bank's third-party claim against JPMorgan Chase Bank, N.A., and the appearances of counsel, including counsel for the deponent from the California Department of Justice. In the testimony, questioned by counsel for Chain Bridge Bank, Kim describes how a wire transfer for N95 masks was confirmed within the state administration in March 2020. He also identifies text messages marked as Defendants' Exhibits 112 and 113 and Plaintiffs Exhibit 9, and discusses a proposed mask delivery schedule.
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 157-9 Filed 05/27/21 Page 1 of 8 PageID#
4083
EXHIBIT 121
Daniel Kim 3/29/2021
Case 1:20-cv-00658-LMB-IDD Document 157-9 Filed 05/27/21 Page 2 of 8 PageID#
Page 1 (1)
4084
1 IN THE UNITED STATES DISTRICT COURT
2 FOR THE EASTERN DISTRICT OF VIRGINIA
3 (Alexandria Division)
4 X
5 BLUE FLAME MEDICAL LLC,
6 Plaintiff,
7 V. Civil Action No.
8 CHAIN BRIDGE BANK, N.A., 1:20-cv-00658
9 JOHN J. BROUGH and DAVID M.
10 EVINGER,
11 Defendants.
12
13 CHAIN BRIDGE BANK, N.A.,
14 Third-Party Plaintiff,
15 V.
16 JPMORGAN CHASE BANK, N.A.,
17 Third-Party Defendant.
18 X
19 Remote Deposition
20 Monday, March 29, 2021
21 Deposition via Zoom of DANIEL KIM, a
22 witness herein, called for examination by counsel for
Alderson® � ATMtpomtComp,ny
800.FOR.DEPO
(800.367.3376)
Daniel Kim 3/29/2021
Case 1:20-cv-00658-LMB-IDD Document 157-9 Filed 05/27/21 Page 3 of 8 PageID#
Page 2 (2 - 5)
4085
Page 2 Page 4
1 Defendants/Third-Party Plaintiff Chain Bridge Bank, 1
APPEARANCES (Continued):
2 N.A., in the above-entitled matter, pursuant to 2
3 notice, the witness being duly sworn by MARY GRACE 3
On behalf of Defendant/Third-Party Plaintiff
4 CASTLEBERRY, a Notary Public in and for the State of 4
Chain Bridge Bank, N.A.:
5 Maryland, taken at 9:02 a.m. PST, Monday, March 29, 5
CAROLYN FORSTEIN, ESQ.
6 2021, and the proceedings being taken down by 6
DONALD BURKE, ESQ.
7 Stenotype by MARY GRACE CASTLEBERRY, RPR, and 7
Robbins Russell Englert, Orseck,
8 transcribed under her direction. 8
Untereiner & Sauber
9 9
2000 K Street, N.W., 4th Floor
10 10
Washington, D.C. 20006
11 11
(202) 775-4500
12 12
cforstein@robbinsrussell.com
13 13
dburke@robbinsrussell.com
14 14
znferguson@robbinsrussell.com
15 15
16 16
17 17
18 18
19 19
20 20
21 21
22 22
Page 3 Page 5
1
APPEARANCES: 1
APPEARANCES (Continued):
2 2
3
On behalf of the Plaintiff Blue Flame Medical 3
On behalf of Third-Party Defendant JPMorgan
4
LLC: 4
Chase Bank:
5
GREG KETCHAM-COLWILL, ESQ. 5
ALBINAS PRIZGINTAS, ESQ.
6
JASON MITCHELL, ESQ. 6
Wilmer Cutler Pickering Hale & Dorr LLP
7
KENI UKABIALA, ESQ. 7
1875 Pennsylvania Avenue, N.W.
8
Schulte Roth & Zabel 8
Washington, D.C. 20006
9
901 15th Street, N.W., Suite 800 9
(212) 663-6981
10
Washington, D.C. 20005 10
albinas.prizgintas@wilmerhale.com
11
(202) 729-7476 11
12
gregory.ketcham-colwill@srz.com 12
On behalf of the deponent:
13
jason.mitchell@srz.com 13
CARA PORTER, ESQ.
14
ekenedilichukwu@ukabiala@srz.com 14
SARAH FABIAN, ESQ.
15
and 15
Office of the Attorney General
16
ETHAN BEARMAN, ESQ. 16
California Department of Justice
17
The Bearman Firm 17
455 Golden Gate Avenue, Suite 11000
18
I 0250 Constellation Boulevard, Suite I 00 18
San Francisco, California 94102-7020
19
Los Angeles, California 90067 19
(415) 254-3934
20
(747) 344-1004 20
cara.porter@doj.ca.gov
21 21
sarah.fabian@doj.ca.gov
22 22
800.FOR.DEPO
Alderson® � ATMtpo,ntComp,ny
(800.367.3376)
Daniel Kim 3/29/2021
Case 1:20-cv-00658-LMB-IDD Document 157-9 Filed 05/27/21 Page 4 of Page
8 PageID#
17 (62 - 65)
4086
Page 62 Page 64
1
conversation, but I could see that I suggested that 1
to hold off on the wire transfer as we need to
2
it would be good to bring them in. 2
confirm within the administration."
3
Q. And who is Secretary Ghaly? 3
A Where is that? I'm sorry.
4
A He's the secretary for health and human 4
Q. Sure.
5
services. 5
A Okay. Yes.
6
Q. And who is Secretary Ghilarducci? 6
Q. Do you recall asking DGS, SCO and STO
7
A He is over Cal OES. 7
staff to hold off on the wire transfer?
Q. And why did you need -- why did you need A I don't recall, but if I wrote that in
8 8
9
to bring them to confirm whether you should pursue 9
there, I probably did that.
10
the wire transfer? 10
Q. And skipping down, I think, two
11
A Well, first, I didn't think -- we didn't 11
paragraphs, you say, "I learned" -- actually, sorry.
12
need to, so maybe that's a misstatement there. Even 12
Just one second.
13
after when we developed a procedure for advance 13
Do you recall if you discussed the wire
14
payments, we did not require either of those 14
transfer with anyone in the administration?
15
secretaries to be part of that process. I just 15
A Yes.
16
thought it would be good for us to be all on the same 16
Q. Who did you discuss it with?
17
page. 17
A I brought it to the people at that meeting
18
Q. Were those secretaries involved with 18
that I was at at 2 o'clock.
19
procurement of PPE in March 2020? 19
Q. And after that meeting concluded, did you
20
A That's a pretty broad statement. I think 20
then confirm with anyone else in the administration?
21
we were all involved with procurement at the time, 21
A Yes.
22
but they did have some bearing on that. 22
Q. And who was that?
Page 63 Page 65
1 Q. I'm just trying to understand why 1
A. Ms. Bosler.
2 specifically you thought it might be helpful to speak 2 Q. Who is Ms. Bosler?
3 to these two secretaries in connection with this wire 3 A. She's the director of finance.
4 transfer. 4 Q. And what did you discuss with Ms. Bosler?
5 A. We were all working as a team and it was 5 A. I actually discussed this at the meeting
6 important, given we had -- we needed to get a better 6
where she was present and wanted to confirm that we
7 sense of what are the priorities in terms of 7
were proceeding with the wire.
8 spending, what are the medical needs, what's the 8 Q. And what did Ms. Bosler say?
9 urgency for different things. And this was a large 9 A. Upon -- after a while, there was
10 purchase. 10
discussion and was told we could proceed.
11 But we already had a general idea of the 11
Q. Do you recall whether Ms. Bosler contacted
12 amount ofPPE we needed, of the number ofN95s. A 12
Ms. Matosantos?
13 hundred million was only a portion of the amount that 13
A. I surmise that that's who she was talking
14 we needed. And we had a general idea of what we 14
to on the phone and that was --
15 would be willing to pay for those types of items. So 15
MS. PORTER: Apologies. There's a delayed
16 if
anything, this was probably my way of seeing how 16
objection. Calls for speculation.
17
we could bring people to the table, not a requirement 17
BY MS. FORSTEIN:
18
per se. 18
Q. Mr. Kim, you can answer. And, again, I'm
19 Q. Understood. And looking back to your 19
only ever asking for your recollection. So if you
20 notes and looking at the last sentence in the 20
don't know, understood.
21 paragraph that we've just been discussing, you say 21
A. I do not know and I did not hear a voice.
22 that, "At 4:00 p.m., I emailed DGS, SCO and STO staff 22 I just assumed. But I don't know.
Alderson® � ATM!pomtComp,ny
800.FOR.DEPO
(800.367.3376)
Daniel Kim 3/29/2021
Case 1:20-cv-00658-LMB-IDD Document 157-9 Filed 05/27/21 Page 5 of Page 18 (66 - 69)
8 PageID#
4087
Page 66 Page 68
1
Q. So you mentioned that Ms. Bosler talked to 1 engage in throughout the depositions in this case has
2 someone on the phone. Was the 2:00 p.m. meeting in 2 been to join in the objections of other attorneys who
3 person? 3 may be making objections throughout the process. I'd
4 like just to register that I'll be joining in the
4 A. Yes, it was in person, but people were
5 objections that the other counsel make to any
5
coming in and out. We were at the state operations
6 questioning.
6
center and people were homesteading in different
7
cubicles and offices. 7 MR. KETCHAM-COLWILL: And I'd like to make
8 the same statement.
8
Q. And just again to understand the
9
procedure, after you spoke with Ms. Bosler, did she 9 MR. PRIZGINTAS: Same.
10
then call someone to discuss the issue? 10 MS. FORSTEIN: Understood. And I stand
11 with defendants.
11
A. I don't know. I just know she was on the
12
phone. We were all on the phone. Literally during 12 MS. PORTER: Thank you.
13 meetings, we would have people having sidebar 13 BY MS. FORSTEIN:
14
conversations on the phones and checking emails. 14 Q. Mr. Kim, you mentioned that at some point
15 you learned that the deadline for the wire to go out
15
Q. Sure. And looking back at your notes
16 on March 25th was actually 5:00 p m. Eastern Standard
16
briefly, you said in the paragraph -- this is
17 Time; is that correct?
17
probably paragraph 1, 2, 3, 4, 5, 6, 7 -- 8, you say,
18
"The two secretaries were unavailable, so Ms. Bosler 18 A. Yes.
19
contacted Ms. Matosantos to confirm if we should 19 Q. And do you recall when you learned that
20 the new deadline would then be 8:00 a m. the
20
pursue the wire transfer."
21 following morning?
21
And then, "Given the criticality of
22 p
urchasing N95s to save California lives, 22 MS. PORTER: Objection. Assumes facts not
Page 67 Page 69
1 Ms. Matosantos confirmed we should purchase and 1
in evidence.
2 notified Ms. Bosler, who notified me." 2
THE WITNESS: Well, it was sometime during
3 Does this fit with your recollection of 3 that day. I'm not sure when.
4 how you confirmed with the administration? 4 BY MS. FORSTEIN:
5 A. I wrote this, but I realize I never should 5
Q. Do you recall how you learned this?
6 have speculated that that conversation was with 6
A. No, but it was either by email or by call.
7 Ms. Matosantos because I really don know and didn't
't 7
Q. And at some point you came to understand
8 know then. 8
that the new deadline for the wire to go out would be
9 Q. And I think you mentioned this earlier, 9
8:00 a.m. on March 26th; is that correct?
10 but what is Ms. Matosantos' role again within the 10 A. Yes.
11 administration? 11
Q. And once you learned that the new -- that
12 A. She's the cabinet secretary. 12
the wire could not go out on March 25th, what, if
13 MS. FORSTEIN: And I think this might be a 13 anything, did you decide to do next?
14 good time for a brief break. Perhaps we can come 14
A. According to these notes, I told staff to
15 back in about 10 minutes and resume? 15
hold off until I let them know in the morning what
16 THE VIDEOGRAPHER: Off the record at 16
would happen. That's what I probably did. But I
17 10:25. 17
don't recall the specifics.
18 (Recess.) 18
Q. I'm going to drop another document into
19 THE VIDEOGRAPHER: We are now back on the 19
the chat function. And I apologize. I may have lost
20 record. The time is 10:37 a.m. 20
track of which exhibit we're on.
21 MS. PORTER: Ms. Forstein, ifl may. One 21
MS. FORSTEIN: Ms. Castleberry, I don't
22 of the practices that the parties have seemed to 22
know if you have that at hand. I think this would be
Alderson® � ATM!pomtComp,ny
800.FOR.DEPO
(800.367.3376)
Daniel Kim 3/29/2021
Case 1:20-cv-00658-LMB-IDD Document 157-9 Filed 05/27/21 Page 6 of 8 PageID#
Page 23 (86 - 89)
4088
Page 86 Page 88
1 bearing on our decision to purchase or procure 1
two documents reflect the same text and aren't
2 through Blue Flame. 2
missing anything.
3 BY MS. FORSTEIN: 3 A. Okay. Just trying to -- I have to scroll
4 Q. Understood. I'm asking about Controller 4
back and forth. Give me a second.
5 Yee because Mr. Chivaro, representing the SCO's 5
Q. Sure.
6
office, testified that you spoke with Controller Yee 6
A. Yes.
7
twice on the evening of March 25th, once before and 7
Q. The content appears to be the same?
8
once after you spoke with Mr. Thomas. 8
A. Yes.
9 Understanding that she's not part of your 9
Q. Great. Looking at the first text message
10 department, I was simply trying to understand what 10
in the chain, it looks like a text message from John
11 you may or may not have conveyed to her if you had 11
Thomas to you where he says, "My team and I are
12
additional information at the time. 12
grinding out that shipping and amount grid for you
13 A. I don't recall. 13
tonight."
14 Q. I'm going to put two additional documents 14
Does that refer to the delivery schedules
15 into the chat function. So this is BFM_CA_DGS 5363, 15
that you asked Mr. Thomas for on your phone call?
16
which I believe will be Defendants' Exhibit 112 and 16
A. I believe so, yes.
17 BFM 000200134, which will be Defendants' Exhibit 113. 17
Q. And he says, "I will text to you and
18
(Defendants' Exhibit Nos. 112 and 113 18
Michael ASAP." Does that refer to Michael Wong?
19 were identified for the record.) 19
A. Yes.
2o BY MS. FORSTEIN: 20
(Plaintiffs Exhibit No. 9 was
21 Q. And if you could open both of these 21
referenced.)
22 documents. 22
BY MS. FORSTEIN:
Page 87 Page 89
1
A. Yes. 1
Q. And I'm going to put one more document
2
Q. So the first one, Defendants' Exhibit 112, 2
into the chat function. This document has previously
3 it looks like a series of screenshots of text 3 been marked as Plaintiffs Exhibit 9.
4
messages. 4
Mr. Kim, if you could take a look at this
5 A. Yes. 5
and, once you've had a chance to review, if you could
6
Q. And Defendants' Exhibit 113 is the same 6
let me know if you recognize the document.
7
text messages reproduced in a unified text format. 7 A. Okay.
8
So if you could take a look at both documents. And 8
Q. Do you recognize these communications?
9
my initial question, do you recognize these 9
A. Yes.
10
documents? 10
Q. And what are they?
11
A. Yes. 11
A. They're text messages from John Thomas to
12
Q. What are they? 12
me.
13
A. The text messages, not the other document 13
MS. PORTER: Ms. Forstein, excuse me, just
14
that I think someone pulled together. I recognize 14
real quick, I should lodge this objection. I notice
15
the DGS 5363, but not the 200134. 15
on this document in the lower left-hand comer, it's
16
Q. Great. And what is DGS 5363? 16
marked confidential. Previously, the parties had
17
A. Those are text messages from John Thomas 17
asked the state employees to execute a protective
18
to me. 18
order, but the state employees have not -- the
19
Q. And if you can just take a minute and 19
California state employees have not executed.
20
compare the two documents that I put up. The unified 20
So for the record, I mention that this
21
text chain was produced by Blue Flame Medical. If 21
confidentiality designation has no bearing on this
22 y
ou could just take a moment and confirm that these 22
witness.
Alderson® � ATIUl!pomtComp,ny
800.FOR.DEPO
(800.367.3376)
Daniel Kim 3/29/2021
Case 1:20-cv-00658-LMB-IDD Document 157-9 Filed 05/27/21 Page 7 of Page 24 (90 - 93)
8 PageID#
4089
Page 90 Page 92
1
MS. FORSTEIN: Thank you, Ms. Porter. We 1 2281.
2 used this exhibit because it had previously been 2 MS. FORSTEIN: It's about halfway down the
3 page, the second paragraph.
3
marked, but I believe this is an exhibit that
4
California produced that was then reproduced by Blue 4 MS. PORTER: Objection. Misstates the
5 Flame to defendants. 5 document. I see the name Henry. I don't see the
6 name Mr. Huang. Or maybe I do and it's just too --
6
I'm happy to discuss, outside this
7
deposition, confidentiality concerns, but I don't 7 it's just too --
8
believe that this will raise any. But I appreciate 8 MS. FORSTEIN: It's a bit blurry.
9
the objection being on the record. 9 MS. PORTER: -- it's just too light of a
10 print to see. Okay. Very good. Thank you.
10
MS. PORTER: Thank you.
11
BY MS. FORSTEIN: 11 MS. FORSTEIN: Sure.
12 BY MS. FORSTEIN:
12
Q. And Mr. Kim, was Mr. Wong also on this
13
text chain? 13 Q. Mr. Kim, is this the manufacturer that you
14 discussed with Mr. Thomas on the phone?
14
A. Sorry? I didn't hear that.
15
Q. Sure. Was Michael Wong also on this text 15 A Yes.
16
chain with you and John Thomas? 16
Q. And did you have an understanding at the
17
A. I don't recall, but I believe he received 17
time as to how Mr. Huang planned to source product?
18
the schedule. I'm not sure. 18
Was he planning to manufacture it himself?
19
Q. Sure. And I can -- I will represent to 19 A Again, it's a bit blurry, but my
20 understanding was he owned the plant and manufactured
20
you that I realize the first page is a bit blurry,
21 these.
21
but this is a text chain between you, Michael Wong
22 and John Thomas, just for context. 22 Q. If you look at page 2 where fortunately
Page 91 Page 93
1 Do you recall texting with Mr. Thomas and the text clears up a little bit and might be a bit
1
2 Mr. Wong on March 25th? 2
easier to read, on the same document there's mention
3 A I don't recall on March 25th, but I recall 3
of he -- I believe still referring to Mr. Huang --
4 this message -- these messages. 4
"moving heaven and earth to steal from neighboring
5 Q. Sure. And in this message, is Mr. Thomas 5
factories and promised to deliver the full order from
6 sending you the delivery timeline that you had 6
his shop alone."
7 requested? 7
Did you understand that Mr. Huang would
8 A Yes. 8
also be obtaining product from other factories?
9 Q. And we discussed this a bit earlier, but 9 A. I wasn't clear on -- I recall seeing this
10 were these delivery timelines important to you and to 10
and wasn't clear on what that meant because he said
11 California? 11
he would deliver the full order from his shop alone.
12 MR. KETCHAM-COLWILL: Objection. Vague. 12
And frankly, from my standpoint, that was irrelevant.
13 THE WITNESS: Yes. 13 I just needed the product. And it had to be N95s and
14 BY MS. FORSTEIN: 14
it had to be delivered quickly.
15 Q. Towards the bottom of the first page, 15
Q. Did anyone at DGS vet Henry Huang?
16 Mr. Thomas referred to his main manufacturer, Henry 16
A. I don't know.
17 Huang. Is this the manufacturer that you discussed 17
Q. Do you know if any other departments in
18 with Mr. Thomas on the call? 18
the state of California vetted Henry Huang?
19
MS. PORTER: Ms. Forstein, excuse me, I 19
A. No.
20 thought I heard you say on the bottom of page 1. I 20
MS. PORTER: Objection. Calls for
21 don't see the reference to Mr. Huang on page 1, which 21
speculation. Lack of foundation.
22 is Bates stamped at the very bottom CBB ending in 22
BY MS. FORSTEIN:
Alderson® � ATM!pomtComp,ny
800.FOR.DEPO
(800.367.3376)
Daniel Kim 3/29/2021
Case 1:20-cv-00658-LMB-IDD Document 157-9 Filed 05/27/21 Page 8 of 8 PageID#
Page 25 (94 - 97)
4090
Page 94 Page 9 6
1
Q. I'm, again, Mr. Kim, only asking to the 1
your deadlines important to you at the time?
2
extent that you recall or you know whether or not -- 2
MS. PORTER: Objection. Asked and
3 A No, I do not recall. 3 answered.
4
Q. And further down on the second page in 4 THE WITNESS: As I mentioned earlier, it
5
this text chain, there is mention of "finding a jet 5
was very important for us to get N95s as soon as
6
just to have the first million units loaded up 6
possible.
7
starting tomorrow." 7
BY MS. FORSTEIN:
8
Is this -- I think we discussed this in 8
Q. And if you scroll down to page 4 of the
9
connection with the phone call that you had with 9
document, there is a screenshot of a spreadsheet or a
10
Mr. Thomas. Is this the -- is this what you 10
grid. Do you see that?
11
discussed on the phone prior to receiving this text 11 A. Yes.
12
message? 12
Q. Is this the delivery schedule that we've
13 A Yes. 13 been discussing?
14
Q. And did you understand at the time that 14 A. Yes.
15
these million masks would be placed on a plane and 15
Q. And if you look down the delivery schedule
16
shipped to California the following day? 16
and do you see that the first one million masks were
17
A Again, I don't recall specifics, but just 17
scheduled to arrive on April 2nd?
18
looking at the email or the text, that's what it 18 A. Yes.
19
indicates. 19
Q. You might have to scroll in a little bit.
20
Q. And did you understand that Mr. Thomas 20
Great. And then going back up to page 3, Mr. Thomas
21
would be fronting the cash for those first I 00 21
says, "We'll then ramp up quickly to essentially
22
million masks? 22
having planes landing every day to meet our deadline
Page 95 Page 97
1 A That's my understanding based on the 1
for California."
2 texts. 2
And if you look down at the delivery
3 Q. And then Mr. Thomas says, "I'm also" -- or 3 schedule, you'll see that Mr. Thomas did propose to
4 apologies. "I'm sending some inventories from Hong 4
deliver millions of masks every day between April 8
5 Kong manufacturer who is sitting on 6 million units 5
and April 24; is that right?
6
currently made." 6
A. Correct.
7
Was Mr. Thomas -- to your understanding, 7
Q. And the deadline for delivery was April 24
8
did Mr. Thomas have a manufacturer in Hong Kong who 8
for the total 100 million masks?
9 already had six million masks in inventory? 9
A. I don't recall.
10 A Again, looking at the text, that's what he 10
Q. And was it your understanding that this
11 indicates. So that is what I assumed. 11
delivery schedule reflected Blue Flame Medical's best
12
Q. And then the following sentences, "You'll 12
estimate of when it could actually deliver the masks?
13 see on my chart the delivery dates are early. We'll 13 A. Yes.
14 then ramp up quickly to essentially having planes 14
Q. And you understood this schedule as
15 landing every day to meet our deadline for 15
starting with a delivery of one million masks on
16
California." 16
April 2nd; is that right?
17
And we'll take a look at the grid in just 17
A. That's what he represented, yes.
18
a minute, but does this refer to your request for a 18
Q. And that was only, at this point in time,
19 delivery schedule that you'd discussed with 19
eight days away?
20 Mr. Thomas? 20
A. I presume, but I don't -- again, I
21 A I believe so. 21
don't -- was this the 25th?
22 Q. And were early delivery dates and meeting 22
Q. Yes.
Alderson® � ATM!pomtComp,ny
800. FOR.DEPO
(800. 367. 3376)
File and source
- File
- gov.uscourts.vaed.477405.157.9.pdf
- Size
- 445,627 bytes
- SHA-256
- fd954e716fdca774cf6dde70355ef99588e6915ce49d6ef028c9ae2351af42a3
- Original
- PACER (login required)