Joint Status Report Regarding Third-Party Plaintiff Chain
- Date
- 2022-01-21
Summary
A joint status report filed January 28, 2022 as Document 219 in Blue Flame Medical LLC v. Chain Bridge Bank, N.A., 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. submit it in response to the Court's order of January 21, 2022 (Dkt. No. 218). The report concerns Chain Bridge's motion to establish the amount of indemnified fees and expenses to be awarded from JPMorgan Chase (Dkt. No. 194). It states that the parties have finalized and executed an agreement resolving the motion and expect it to be withdrawn by February 15, 2022. The parties ask the Court to keep the motion in abeyance and direct a further status report by that date, attaching a proposed order as Exhibit A.
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Case 1:20-cv-00658-LMB-IDD Document 219 Filed 01/28/22 Page 1 of 5 PageID#
5686
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 21, 2022 (Dkt. No. 218) 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 219 Filed 01/28/22 Page 2 of 5 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. No. 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 a joint status report by
January 21, 2022. See Dkt. No. 216.
3. On January 21, 2022, the parties filed their first joint status report. In that report,
they explained that, although they had made substantial progress in documenting their agreement
in principle, they had not yet finalized an agreement. Accordingly, the parties asked the Court to
continue to hold Chain Bridge’s Motion in abeyance and to direct the parties to file a further status
report by January 28, 2022. On January 21, 2022, this Court entered an order granting that relief
and directing the parties to file this further joint status report.
4. Since the entry of this Court’s January 21 order, the parties have finalized and
executed their agreement to resolve the issues presented for decision by Chain Bridge’s Motion.
2
Case 1:20-cv-00658-LMB-IDD Document 219 Filed 01/28/22 Page 3 of 5 PageID#
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Assuming compliance by the parties with the terms of their agreement, the parties anticipate that
Chain Bridge’s Motion will be withdrawn pursuant to their negotiated agreement by February 15,
2022. Accordingly, the parties continue to believe that a decision by this Court is unlikely to be
necessary.
*****
For the foregoing reasons, the parties respectfully re quest 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 February 15, 2022, in the unlikely event that Chain Bridge’s Motion is not withdrawn by that
date pursuant to the parties’ agreement. For the Court’s convenience, a proposed order is attached
hereto as Exhibit A.
Dated: January 28, 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
3
Case 1:20-cv-00658-LMB-IDD Document 219 Filed 01/28/22 Page 4 of 5 PageID#
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/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
4
Case 1:20-cv-00658-LMB-IDD Document 219 Filed 01/28/22 Page 5 of 5 PageID#
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CERTIFICATE OF SERVICE
I hereby certify that on January 28, 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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