Blue Flame_Joint Motion for Brief Extensions - 11.11.2021

Source document: Blue Flame_Joint Motion for Brief Extensions - 11.11.2021; document type: Joint motion (5 pages).

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IN THE UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

Blue Flame Medical LLC,
Plaintiff-Appellant,
v.
Chain Bridge Bank, N.A.,
Defendant and Third-Party Plaintiff-Appellee,
John J. Brough; David M. Evinger,
Defendants-Appellees,
v.
JPMorgan Chase Bank, N.A.,
Third-Party Defendant.

No. 21-2218 (L)
(1:20-cv-00658-LMB-IDD)

Blue Flame Medical LLC,
Plaintiff,
v.
Chain Bridge Bank, N.A.,
Defendant and Third-Party Plaintiff-Appellee,
John J. Brough; David M. Evinger,
Defendants,
v.
JPMorgan Chase Bank, N.A.,
Third-Party Defendant-Appellant.

No. 21-2219
(1:20-cv-00658-LMB-IDD)

JOINT MOTION TO EXTEND TIME
TO FILE OPENING BRIEFS, APPENDIX, AND RESPONSE BRIEF
Appellant Blue Flame Medical LLC; Appellant JPMorgan Chase Bank, N.A.;
and Appellees Chain Bridge Bank, N.A., John J. Brough, and David M. Evinger
respectfully move this Court pursuant to Federal Rules of Appellate Procedure 26(b)
and 31 and Local Rule 31(c) for mutual 15-day extensions of time to file the opening
briefs, joint appendix, and response brief.  We request that the opening briefs and
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joint appendix, currently due on December 7, 2021, instead be due on December 22,
2021, and that the response brief, currently due January 6, 2022, instead be due on
February 7, 2022. This is the parties’ first extension request. In support of the mo-
tion, the parties state:
1.
The upcoming winter holidays and preexisting travel plans would make
compliance with the original briefing order, Dkt. 2, a hardship on all concerned.  In
particular, the current schedule makes the opening briefs due shortly after the
Thanksgiving holiday and the response brief due shortly after the New Year’s holi-
day.  The modified schedule accommodates both appellants and appellees in this
regard.
2.
For all counsel, the press of other matters makes the submission of the
briefs and appendix difficult absent an extension.  Among other things, counsel from
Goldstein & Russell were only recently retained by appellants to provide represen-
tation in this Court, and require additional time to familiarize themselves with the
extensive summary judgment record in this case and prepare a fully researched and
concise opening brief that will be of maximum benefit to this Court in resolving the
issues presented.
3.
The joinder in this motion of all parties demonstrates that this extension
will not prejudice any party.
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4.
Pursuant to Local Rule 25(a)(9), undersigned counsel for Appellant
Blue Flame Medical LLC represents that he has the consent of the other parties join-
ing this document to file on their behalf.
CONCLUSION
For the foregoing reasons, the parties respectfully request that they be granted
mutual, 15-day extensions of time to file the opening briefs, the joint appendix, and
the response brief.
November 11, 2021
Respectfully submitted,
/s/ Gary A. Orseck

/s/ Eric F. Citron

Gary A. Orseck
Matthew M. Madden
Donald Burke
ROBBINS, RUSSELL, ENGLERT,
ORSECK & UNTEREINER LLP
2000 K Street, NW, 4th Floor
Washington, DC 20006
(202) 775-4500
Counsel for Appellees Chain
Bridge Bank, N.A., John J. Brough,
and David M. Evinger

Eric F. Citron
Kathleen Foley
GOLDSTEIN & RUSSELL, P.C.
7475 Wisconsin Avenue, Suite 850
Bethesda, MD 20814
(202) 362-0636
Counsel for Appellant Blue Flame
Medical LLC

/s/ Alan Schoenfeld

Alan Schoenfeld
WILMER CUTLER PICKERING HALE
AND DORR LLP
7 World Trade Center
250 Greenwich St.
New York, NY 10007
(212) 230-8800
Counsel for Appellant JPMorgan
Chase Bank, N.A.
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CERTIFICATE OF COMPLIANCE
In accordance with Fed. R. App. P. 32(g)(1), the undersigned certifies that this
motion complies with the type-volume limit of Fed. R. App. P. 27(d)(2) because this
motion contains 345 words, excluding the parts of the motion exempted by Fed.
R. App. P. 32(f).
This motion complies with the typeface requirements of Fed. R. App.
P. 32(a)(5) and the type style requirements of Fed. R. App. P 32(a)(6) because this
document has been prepared in a proportionally spaced typeface using Microsoft
Word 2016, Times New Roman, 14-pt font.

/s/ Eric F. Citron

November 11, 2021

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CERTIFICATE OF SERVICE
I hereby certify that I electronically filed the foregoing with the Clerk of the
Court for the United States Court of Appeals for the Fourth Circuit by using the
appellate CM/ECF system on November 11, 2021.  All participants in the case are
registered CM/ECF users and service will be accomplished by the appellate
CM/ECF system.

/s/ Eric F. Citron

November 11, 2021

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