Joint Status Report Regarding Third-Party Plaintiff Chain

Summary

A joint status report filed January 21, 2022 as Document 217 in Blue Flame Medical LLC v. Chain Bridge Bank, N.A., et al., Civil Action No. 1:20-cv-00658, in the U.S. District Court for the Eastern District of Virginia. Third-Party Plaintiff Chain Bridge Bank, N.A. and Third-Party Defendant JPMorgan Chase Bank, N.A. file it in response to the Court's January 5, 2022 order (Dkt. No. 216) concerning Chain Bridge's motion to establish the amount of indemnified fees and expenses (Dkt. No. 194). The report recounts that the motion followed the Court's September 23, 2021 summary judgment order (Dkt. No. 176) and that the parties reached an agreement in principle. It asks the Court to keep the motion in abeyance and to direct a further status report by January 28, 2022. The four-page filing refers to a proposed order as Exhibit A and includes a certificate of service.

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Case 1:20-cv-00658-LMB-IDD          Document 217       Filed 01/21/22     Page 1 of 4 PageID#
                                          5678



                      IN THE UNITED STATES DISTRICT COURT
                      FOR THE EASTERN DISTRICT OF VIRGINIA
                                (Alexandria Division)


  BLUE FLAME MEDICAL LLC,

                               Plaintiff,
                                                      Civil Action No. 1:20-cv-00658
  v.

  CHAIN BRIDGE BANK, N.A., JOHN J.
  BROUGH, and DAVID M. EVINGER,

                                Defendants.


  CHAIN BRIDGE BANK, N.A,

                   Third-Party Plaintiff,

  v.

  JPMORGAN CHASE BANK, N.A.,

                  Third-Party Defendant.


       JOINT STATUS REPORT REGARDING THIRD-PARTY PLAINTIFF CHAIN
          BRIDGE BANK, N.A.’S MOTION TO ESTABLISH THE AMOUNT OF
           INDEMNIFIED FEES AND EXPENSES TO BE AWARDED FROM
            THIRD-PARTY DEFENDANT JPMORGAN CHASE BANK, N.A.

        Third-Party Plaintiff Chain Bridge Bank, N.A. (Chain Bridge) and Third-Party Defendant

JPMorgan Chase Bank, N.A. (JPMC) respectfully submit this joint status report in response to this

Court’s order of January 5, 2022 (Dkt. No. 216) and to provide the Court with the following

updates regarding Chain Bridge’s 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).
Case 1:20-cv-00658-LMB-IDD            Document 217          Filed 01/21/22      Page 2 of 4 PageID#
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        1.      Chain Bridge filed its Motion on October 28, 2021, seeking a determination by this

Court of the amount of indemnified fees and expenses (incurred through September 30, 2021) to

be awarded 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. On

November 3, 2021, Chain Bridge filed a notice of hearing date requesting that a hearing on the

Motion be set for January 7, 2022. See Dkt. 198. The Court thereafter set the hearing on the

Motion for that date.

        2.      As the parties advised the Court via joint motion filed on January 4, 2022 (Dkt. No.

215), after the filing of Chain Bridge’s Motion, Chain Bridge and JPMC continued to negotiate in

an effort to resolve the issues presented for decision by Chain Bridge’s Motion. Chain Bridge and

JPMC reached an agreement in principle to resolve those issues, and accordingly requested that

the Court vacate the hearing scheduled for January 7, 2022, and hold Chain Bridge’s Motion in

abeyance as the parties worked to document their agreement in principle. On January 5, 2022, this

Court entered an order granting that relief and directing the parties to file this joint status report by

January 21, 2022. See Dkt. No. 216.

        3.      Since the entry of this Court’s order, the parties have made substantial progress in

documenting their agreement in principle. Although the parties have not yet reached a final

agreement, they anticipate that they will do so in the coming days. Accordingly, the parties

continue to believe that a decision by this Court is unlikely to be necessary.

                                               *****

        For the foregoing reasons, the parties respectfully request that the Court (i) continue to hold

Chain Bridge’s Motion in abeyance; and (ii) direct the parties to provide a further status report by

January 28, 2022, unless Chain Bridge’s Motion is withdrawn prior to that date pursuant to the



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Case 1:20-cv-00658-LMB-IDD         Document 217         Filed 01/21/22      Page 3 of 4 PageID#
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parties’ agreement. For the Court’s convenience, a proposed order is attached hereto as Exhibit

A.



Dated: January 21, 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

                                                  /s/ Meredith K. Loretta
Alan E. Schoenfeld (admitted pro hac vice)        Meredith K. Loretta (VA Bar No. 92369)
Marissa W. Medine (admitted pro hac vice)         Albinas J. Prizgintas (admitted pro hac vice)
7 World Trade Center                              Whitney Russell (admitted pro hac vice)
250 Greenwich Street                              WILMER CUTLER PICKERING HALE &
New York, NY 10007                                    DORR LLP
Tel: (212) 230-8800                               1875 Pennsylvania Ave N.W.
Fax: (212) 230-8888                               Washington, D.C. 20006
alan.schoenfeld@wilmerhale.com                    Tel: (202) 663-6981
                                                  Fax: (202) 663-6363
                                                  meredith.loretta@wilmerhale.com

                                                  Felicia Ellsworth (admitted pro hac vice)
                                                  60 State Street
                                                  Boston, MA 02109
                                                  Tel: (617) 526-6000
                                                  Fax: (617) 526-5000
                                                  felicia.ellsworth@wilmerhale.com

                              Counsel for Third-Party Defendant




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Case 1:20-cv-00658-LMB-IDD          Document 217        Filed 01/21/22      Page 4 of 4 PageID#
                                          5681



                                CERTIFICATE OF SERVICE

       I hereby certify that on January 21, 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
       WILMER CUTLER PICKERING HALE & DORR LLP
       1875 Pennsylvania Ave NW
       Washington, D.C. 20006
       Phone: (202) 663-6981
       Email: meredith.loretta@wilmerhale.com
       Counsel for Third-Party Defendant JPMorgan Chase Bank, N.A.

       Peter H. White, Esq.
       SCHULTE ROTH & ZABEL LLP
       901 Fifteenth Street, NW, Suite 800
       Washington, DC 20005
       Tel: 202-729-7476
       Fax: 202-730-4520
       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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