Appellees’ Consent Motion to Extend the Time to File

Source document: Appellees’ Consent Motion to Extend the Time to File; document type: Consent Motion to Extend Time and Exceed Word Limit (6 pages).

Full text

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)

APPELLEES’ CONSENT MOTION TO EXTEND THE TIME TO FILE
RESPONSE BRIEF AND FOR LEAVE TO EXCEED WORD LIMIT
Appellees Chain Bridge Bank, N.A. (Chain Bridge), John J. Brough, and
David M. Evinger respectfully move this Court for an order extending the deadline
to file their response brief by fifteen days, from January 21, 2022, to February 7,
2022, (the Monday following Saturday, February 5, 2022), and granting them leave
to file a response brief in excess of the word limit set forth in Federal Rule of
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Appellate Procedure 32(a)(7)(B), not to exceed 20,000 words.  In support of this
motion, Appellees state:
1.  Under the briefing schedule originally entered by this Court, the deadline
for Appellants Blue Flame Medical, LLC (Blue Flame) and JPMorgan Chase Bank,
N.A. (JPMC) to file their opening briefs was December 7, 2021.  The parties jointly
moved for an order extending the deadline for Appellants to file their opening briefs
by fifteen days, to December 22, 2021, and enlarging the time for Appellees to file
their response brief by a corresponding fifteen days.  Appellees’ consent to
Appellants’ extension request was conditioned on Appellants’ agreement to consent
to this corresponding enlargement of the time to file Appellees’ response brief.
On November 12, 2021, the Court extended the deadline for Appellants’
opening briefs to December 22, 2021.  Although the Court reset the deadline for
Appellees’ response brief based on the new deadline for Appellants’ opening briefs,
it did not rule on the fifteen-day enlargement of the time to file Appellees’ response
brief to which the parties had agreed.  Thus, under the current briefing schedule, the
deadline for Appellees to file their response brief is January 21, 2022.
Good cause exists to extend the deadline for Appellees to file their response
brief because the current briefing schedule would lead to an imbalance in the time
allotted to the parties for preparing their respective briefs.  An extension is also
warranted because of scheduling conflicts related to holiday travel and the press of
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other matters.  Accordingly, Appellees request that the deadline for filing their
response brief be extended to February 7, 2022 (the Monday following Saturday,
February 5, 2022, the date on which the deadline would otherwise fall if extended
by fifteen days).
2.  On December 22, 2021, Blue Flame and JPMC filed separate opening
briefs, which collectively total 24,838 words.  Because this Court has directed
Appellees to address those two separate briefs in a single consolidated response
brief, Appellees respectfully request leave to file a response brief in excess of the
13,000-word limit imposed by Federal Rule of Appellate Procedure 32(a)(7)(B), not
to exceed 20,000 words.  Although Blue Flame’s appeal and JPMC’s appeal have
been consolidated, they present distinct legal issues:  Blue Flame, plaintiff below,
challenges the district court’s dismissal of the claims it asserted against Appellees.
JPMC, third-party defendant below, challenges the district court’s entry of summary
judgment in favor of Appellee Chain Bridge on Chain Bridge’s third-party claim for
indemnification from JPMC.  Appellees therefore require additional words to fully
respond to the arguments set forth in Appellants’ separate, full-length opening briefs.
Granting leave to file a response brief of up to 20,000 words is reasonable under the
circumstances:  That expanded limit would represent substantially fewer words than
Appellants collectively used in their opening briefs, and fully 6,000 fewer words
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than Appellees would have been entitled to if they were filing separate responses to
the two opening briefs.
3.  Counsel for Blue Flame and JPMC have advised that both Appellants
consent to the relief requested in this Motion.
* * * * *
For the foregoing reasons, Appellees respectfully request that the Court
extend the deadline to file their response brief to February 7, 2022, and grant leave
to file a response brief in excess of the word limit set forth in Federal Rule of
Appellate Procedure 32(a)(7)(B), not to exceed 20,000 words
Dated:  January 3, 2022
Respectfully submitted,

/s/ Gary A. Orseck

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
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CERTIFICATE OF COMPLIANCE
In accordance with Fed. R. App. P. 32(g)(1), I certify that this motion
complies with the type-volume limit of Fed. R. App. P. 27(d)(2) because this motion
contains 643 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-point font.

/s/ Gary A. Orseck

Gary A. Orseck

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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 January 3, 2022.  All participants in the case are
registered CM/ECF users and service will be accomplished by the appellate
CM/ECF system.

/s/ Gary A. Orseck

Gary A. Orseck

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