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IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
(Alexandria Division)
BLUE FLAME MEDICAL LLC,
Plaintiff,
v.
CHAIN BRIDGE BANK, N.A., JOHN J.
BROUGH, and DAVID M. EVINGER,
Defendants.
Civil Action No. 1:20-cv-00658
CHAIN BRIDGE BANK, N.A,
Third-Party Plaintiff,
v.
JPMORGAN CHASE BANK, N.A.,
Third-Party Defendant.
THIRD-PARTY PLAINTIFF CHAIN BRIDGE BANK, N.A.’S
NOTICE OF WITHDRAWAL
PLEASE TAKE NOTICE that Third-Party Plaintiff Chain Bridge Bank, N.A. (Chain
Bridge) hereby withdraws its Motion to Establish the Amount of Indemnified Fees and Expenses
to be Awarded from Third-Party Defendant JPMorgan Chase Bank, N.A. (Dkt. No. 194) (the
Motion). Chain Bridge’s withdrawal of the Motion is pursuant to a negotiated settlement (the
Agreement) between Chain Bridge and Third-Party Defendant JPMorgan Chase Bank, N.A.
(JPMC) to resolve the amount of indemnified loss and expense owed by JPMC to Chain Bridge
pursuant to the Court’s September 23, 2021 Order (Dkt. No. 176) granting summary judgment in
Chain Bridge’s favor on its third-party claim for indemnification from JPMC.
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The parties’ Agreement does not resolve, and shall not be deemed to resolve, Chain
Bridge’s claims for indemnification from JPMC, or any claims or defenses by JPMC, for any loss
and expense incurred in relation to JPMC’s and Blue Flame Medical LLC’s appeals of the
judgment in this action, which are currently pending before the U.S. Court of Appeals for the
Fourth Circuit (Nos. 21-2218 (L), 21-2219), including losses and expenses relating to the appeals
incurred before the effective date of the Agreement and losses and expenses relating to the appeals
that may be incurred on or after the effective date (Appeals Claims). The Agreement also does
not resolve, and shall not be deemed to resolve, Chain Bridge’s claims for indemnification from
JPMC, or any claims or defenses by JPMC, for any loss and expense incurred in future litigation
related to the subject matter of this action occurring after the effective date of the Agreement,
including but not limited to any losses and expenses that Chain Bridge or JPMC may incur
following any remand of this action to this Court and any losses and expenses relating to any
judgment that may be awarded in Blue Flame’s favor in in this action (Future Claims).
The parties have agreed that the Appeals Claims and Future Claims are fully reserved by
the parties and shall not be limited in any respect by their Agreement. The parties have further
agreed, for avoidance of doubt, that by entering into the Agreement JPMC does not concede any
entitlement by Chain Bridge to any Appeals Claims or Future Claims.
Accordingly, the Motion is withdrawn without prejudice to Chain Bridge seeking recovery
for Appeals Claims and/or Future Claims from JPMC in the future.
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Dated: February 8, 2022
Respectfully submitted,
/s/ Donald Burke
Gary A. Orseck (admitted pro hac vice)
Matthew M. Madden (admitted pro hac vice)
Donald Burke (VA Bar No. 76550)
ROBBINS, RUSSELL, ENGLERT,
ORSECK & UNTEREINER LLP
2000 K Street, N.W., 4th Floor
Washington, D.C. 20006
Tel: (202) 775-4500
Fax: (202) 775-4510
dburke@robbinsrussell.com
Counsel for Third-Party Plaintiff
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CERTIFICATE OF SERVICE
I hereby certify that on February 8, 2022, I will electronically file the foregoing with the
Clerk of Court using the CM/ECF system, which will then send a notification of such filing to the
following:
Meredith K. Loretta (VA Bar No. 92369)
WILMER CUTLER PICKERING HALE & DORR LLP
1875 Pennsylvania Ave NW
Washington, DC 20006
Phone: (202) 663-6981
Email: meredith.loretta@wilmerhale.com
Counsel for Third-Party Defendant JPMorgan Chase Bank, N.A.
Peter H. White, Esq. (VA Bar No. 32310)
SCHULTE ROTH & ZABEL LLP
901 Fifteenth Street, NW, Suite 800
Washington, DC 20005
Phone: 202-729-7476
peter.white@srz.com
Counsel for Plaintiff Blue Flame Medical LLC
/s/ Donald Burke
Donald Burke (VA Bar No. 76550)
ROBBINS, RUSSELL, ENGLERT,
ORSECK & UNTEREINER LLP
2000 K Street, N.W., 4th Floor
Washington, D.C. 20006
Tel: (202) 775-4500
Fax: (202) 775-4510
dburke@robbinsrussell.com
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