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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 MEMORANDUM IN
SUPPORT OF MOTION TO FILE UNDER SEAL
Third-Party Plaintiff Chain Bridge Bank, N.A. (Chain Bridge) respectfully submits this
memorandum in support of its motion to seal Exhibits 1-4 to the Declaration of Donald Burke in
Support of Third-Party Plaintiff’s Motion To Establish The Amount Of Indemnified Fees And
Expenses To Be Awarded From Third-Party Defendant JPMorgan Chase Bank, N.A.
1. In accordance with this Court’s prior order (Dkts. 176 & 179), Chain Bridge is filing a
motion to establish the amount of its indemnified fees and expenses. In support of that motion,
Chain Bridge will submit its billing records that itemize the fees and expenses incurred by Chain
Bridge as a result of JPMorgan Chase Bank, N.A.’s (JPMC’s) wire cancellation, including billing
records from (1) its litigation counsel, Robbins, Russell, Englert, Orseck & Untereiner LLP
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(Robbins Russell), (2) its insurance-coverage counsel, Weisbrod Matteis & Copley PLLC, (3) an
expert consulting firm, Analysis Group, and (4) expert Charles Grice’s separate consulting firm,
CRI Compliance. See Burke Declaration Exs. 1-4 (Oct. 28, 2021).
2. Certain entries in these billing records describe the nature of the work performed by
attorneys and experts in ways that reflect confidential information that is protected from disclosure
by the attorney-client privilege or work-product protection. Public disclosure of this information
would be damaging to Chain Bridge, particularly because Plaintiff Blue Flame Medical LLC (Blue
Flame)—which is not a party to this third-party action over indemnification—has noticed an
appeal from the judgment against it in this case. Information in these billing records describes
Chain Bridge’s litigation approach, research topics, and strategy regarding Blue Flame’s claims,
the disclosure of which would unfairly benefit Blue Flame even while it continues to litigate its
case against Chain Bridge.
Accordingly, Chain Bridge seeks to file these billing records under seal, and to file redacted
versions of them on the public docket, in order to prevent disclosure of this information. The
redactions are narrow in scope and protect information that is particularly sensitive during the
course of a pending appeal. No information on the number of attorney or expert hours, their rates,
or the fees incurred for which Chain Bridge seeks indemnification will be redacted from the public
versions. Third-party defendant JMPC has already been provided the full copies of the four
exhibits that Chain Bridge seeks to file under seal.1
1 The sealed, “unredacted” versions of Exhibit 1 and Exhibit 2 contain smaller, narrower sets of redactions of
information the disclosure of which to JPMC would reveal Chain Bridge’s litigation strategy, research topics, and
other protected information about Chain Bridge’s third-party claims against JPMC. Those limited redactions also
reflect the names of unretained or non-testifying experts, account information, or time entries not included within
Chain Bridge’s fee request. JPMC has not identified concerns about these redactions. In the event that the Court
wishes to review completely unredacted copies of the sealed exhibits, Chain Bridge would ask to submit them for in
camera review.
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The information that Chain Bridge proposes to redact from the public versions of these
billing records falls squarely within the scope of what courts routinely recognize as being properly
protected from public disclosure. Billing records that would “reveal the motive of the client in
seeking representation, litigation strategy, or the specific nature of the services provided, such as
researching particular areas of law, fall within the privilege.” Chaudhry v. Gallerizzo, 174 F.3d
394, 402 (4th Cir. 1999) (quoting Clarke v. American Commerce National Bank, 974 F.2d 127
(9th Cir. 1992)). For instance, bills that “reveal[] the identity of the federal statutes researched . . .
constitute privileged communications and, as such, should not be disclosed.” Id. at 403; see also
Denton v. PennyMac Loan Servs., LLC, 252 F. Supp. 3d 504, 508 (E.D. Va. 2017) (“Parties are
generally entitled to assert privilege and redact records in connection with motions for fees.”)
(internal quotation marks omitted); Brown v. Tethys Bioscience, Inc., No. CIV.A. 1:10-1245, 2012
WL 252632, at *3 (S.D.W. Va. Jan. 26, 2012) (holding that where “billing records contain
information respecting a party’s litigation strategy, that information is attorney-client privileged
and need not be disclosed. Billing records should be redacted to exclude such information and then
disclosed.”) (citation omitted).
Chain Bridge therefore requests that the Court authorize the public filing of redacted
versions of Exhibits 1-4 to the Declaration of Donald Burke in Support of Third-Party Plaintiff’s
Motion To Establish The Amount Of Indemnified Fees And Expenses To Be Awarded From
Third-Party Defendant JPMorgan Chase Bank, N.A, and to maintain the original versions of
Exhibits 1-4 under seal. A proposed order reflecting the requested relief is attached hereto.
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Dated: October 28, 2021
Respectfully submitted,
/s/ Donald Burke
Gary A. Orseck (pro hac vice pending)
Matthew M. Madden (pro hac vice pending)
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 October 28, 2021, I will electronically file the foregoing with the
Clerk of Court using the CM/ECF system, which will then send a notification of such filing to the
following:
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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