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Videotaped Deposition of Ethan Bearman — Blue Flame Medical LLC v. Chain Bridge Bank (E.D. Va., Dkt. 130-21)

Summary

Exhibit 21, Case 1:20-cv-00658, Document 130-21, filed 05/06/21 (E.D. Va.): excerpts from the remote videotaped deposition of Ethan Bearman, taken Thursday, January 21, 2021, marked CONFIDENTIAL, in Blue Flame Medical LLC v. Chain Bridge Bank, N.A. Matthew M. Madden questions the witness for the Defendant/Third-Party Plaintiff, and counsel from Schulte Roth & Zabel appear for the Plaintiff and the witness. Bearman testifies that he believes factories in Suuchi's network manufacture some PPE products, and that he created an Excel spreadsheet named "California N95 order" at the request of Mr. Thomas as a first draft delivery schedule for California officials at DGS. Bearman says the numbers in that draft were placeholders that he plugged in to get the spreadsheet started.

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“Videotaped Deposition of Ethan Bearman — Blue Flame Medical LLC v. Chain Bridge Bank (E.D. Va., Dkt. 130-21).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/court-filing-no-1-20-cv-00658-dkt-130-21-e-d-va-1741b49f0b/, SHA-256 9736f03541c06de71e14f512795a7277a7c0d3da7ba062ef8feb3cef62ad3ee7.

Full text

Case 1:20-cv-00658-LMB-IDD   Document 130-21   Filed 05/06/21   Page 1 of 9 PageID#
                                     1607




                        EXHIBIT 21
Ethan Bearman                       CONFIDENTIAL                               1/21/2021
 Case 1:20-cv-00658-LMB-IDD    Document 130-21 Filed 05/06/21   Page 2 of 9 PageID#
                                                                               Page 1 (1)
                                       1608

  1              IN THE UNITED STATES DISTRICT COURT
  2            FOR THE EASTERN DISTRICT OF VIRGINIA
  3                           (Alexandria Division)
  4    - - - - - - - - - - - - - - - X
  5    BLUE FLAME MEDICAL LLC,                        : Civil Action No.
  6               Plaintiff,                          : 1:20-CV-00658
  7    vs.                                            :
  8    CHAIN BRIDGE BANK, N.A.,                       :
       JOHN J. BROUGH, and                            :
  9    DAVID M. EVINGER,                              :
 10               Defendants.                         :
 11    - - - - - - - - - - - - - - - X
 12    CHAIN BRIDGE BANK, N.A.,                       :
 13          Third-Party Plaintiff,                   :
 14    vs.                                            :
 15    JPMORGAN CHASE BANK, N.A.,                     :
 16          Third-Party Defendant.                   :
 17    - - - - - - - - - - - - - - - X
 18                               CONFIDENTIAL
 19      Remote Videotaped Deposition Of ETHAN BEARMAN
 20                    Thursday, January 21, 2021
 21                              9:34 a.m. (EST)
 22    Reported by:           Dana C. Ryan, RPR, CRR

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Ethan Bearman                                 CONFIDENTIAL                                             1/21/2021
 Case 1:20-cv-00658-LMB-IDD              Document 130-21 Filed 05/06/21                Page 3 of 9 PageID#
                                                                                                    Page 2 (2 - 5)
                                                 1609
                                                 Page 2                                                         Page 4
 1                                                         1   APPEARANCES CONTINUED
 2                                                         2

 3                                                         3   ON BEHALF OF THE DEFENDANT/THIRD-PARTY
                        January 21, 2021
 4                                                         4   PLAINTIFF CHAIN BRIDGE BANK, N.A.:
                        9:34 a.m. (EST)
 5                                                         5      MATTHEW M. MADDEN, Esquire
 6                                                         6      LESLIE ESBROOK, Esquire
 7                                                         7      GARY A. ORSECK, Esquire
 8                                                   8            Robbins, Russell, Englert, Orseck,
       Remote Videotaped Deposition of ETHAN
 9
   BEARMAN, held via Zoom video teleconference, 9                    Untereiner & Sauber
10                                                  10            2000 K Street, Northwest
   before Dana C. Ryan, Registered Professional
11
   Reporter, Certified Realtime Reporter and Notary 11            4th Floor
12                                                  12            Washington, D.C. 20006
   Public in and for the State of Alabama.
13                                                        13      Telephone: (202) 775-4500
14                                                        14      Email: mmadden@robbinsrussell.com
15                                                        15      Email: LEsbrook@robbinsrussell.com
16                                                        16      Email: gorseck@robbinsrussell.com
17                                                        17

18                                                        18
   Job No. 98495
19                                                        19
   Pages: 1 - 326
20                                                        20
   Reported by: Dana C. Ryan, RPR, CRR
21                                                        21

22                                                        22
                                                 Page 3                                                         Page 5
 1       APPEARANCES                                       1   APPEARANCES CONTINUED
 2                                                         2

 3   ON BEHALF OF THE PLAINTIFF                            3   ON BEHALF OF THE THIRD-PARTY DEFENDANT
 4   BLUE FLAME MEDICAL LLC AND THE WITNESS:               4   JPMORGAN CHASE BANK, N.A.
 5     WILLIAM GUSSMAN, Esquire                            5      ALBINAS PRIZGINTAS, Esquire
 6     JASON M. MITCHELL, Esquire                          6      MARGARITA BOTERO, Esquire
 7     PETER H. WHITE, Esquire                             7      Wilmer Cutler Pickering Hale & Door LLP
 8     GREG KETCHAM-COLWILL, Esquire                       8      1875 Pennsylvania Avenue, Northwest
 9     KENI UKABIALA, Esquire                              9      Washington, D.C. 20006
10     Schulte Roth & Zabel LLP                           10      Telephone: (202) 663-6900
11     901 Fifteenth Street, Northwest                    11      Email: albinas.prizgintas@wilmerhale.com
12     Suite 800                                          12      Email: margarita.botero@wilmerhale.com
13     Washington, D.C. 20005                             13

14     Telephone: (202) 729-7470                          14

15     Email: bill.gussman@srz.com                        15   Also present:
16     Email: jason.mitchell@srz.com                      16      Jason Aqui, Videographer
17     Email: pete.white@srz.com                          17

18     Email: gregory.ketcham-colwill@srz.com             18

19     Email: ekenedilichukwu.ukabiala@srz.com            19

20                                                        20

21                                                        21

22                                                        22


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Ethan Bearman                                 CONFIDENTIAL                                            1/21/2021
 Case 1:20-cv-00658-LMB-IDD              Document 130-21 Filed 05/06/21               Page 4 Page
                                                                                             of 9 PageID#
                                                                                                  48 (186 - 189)
                                                 1610
                                                  Page 186                                                 Page 188
 1 number 805.   I guess that's the only page of it.         1
                                                                are still short, but I have other sources.
 2     A I see it.                                            2
                                                                        Do you see that?
 3     Q Okay. You see at the top of this                     3
                                                                   A I do.
 4 attachment it says, GHC products catalog?                  4
                                                                   Q Did you disagree with Mr. Thomas as of
 5     A I do.                                                5
                                                                the time you received this email that Blue Flame
 6     Q Okay. And GHC, you understand to mean                6
                                                                Medical was still short in terms of fulfilling
 7 Great Health Companion?                                    7
                                                                California's mask order with available supplies?
 8     A I do.                                                8
                                                                        MR. GUSSMAN: Objection to form.
 9     Q And at least, in form, if not                        9
                                                                        THE WITNESS: (Reviews document.)
10 necessarily every number on every row, you'll             10
                                                                        It's possible. I -- I don't recall
11 agree with me this matches the attachment we just         11
                                                                specifically.
12 saw to Exhibit 15?                                        12
                                                                   BY MR. MADDEN:
13         MR. GUSSMAN: Objection.                           13
                                                                   Q Okay. Well, do you recall telling
14         THE WITNESS: I mean, it looks like it.            14
                                                                Mr. Thomas, in words or substance, that you
15     BY MR. MADDEN:                                        15
                                                                disagreed with that statement?
16     Q Okay. And do you recall reviewing this              16
                                                                   A I do not recall that.
17 attachment?                                               17
                                                                   Q Okay. Okay.
18     A I don't recall specifically reviewing               18
                                                                        MR. MADDEN: Let's look at Exhibit 22,
19 this attachment.                                          19
                                                                please, Leslie.
20     Q Okay. And -- but it's your testimony                20
                                                                        THE WITNESS: I have it, Counsel.
21 that by Wednesday, March 25th, at 4:43 in the             21
                                                                        MR. GUSSMAN: I don't have it.
22 morning Pacific time, you had come not to rely on         22
                                                                   BY MR. MADDEN:
                                                  Page 187                                                 Page 189
 1 the information in the allocatable inventory              1
                                                                    Q Okay. Exhibit 22, which has been
 2 column of a GHC products catalog; is that correct?         2
                                                                previously marked as an email, Bates numbered
 3    A Yeah, I -- correct.                                   3
                                                                BFM13558 and its attachment 559.
 4    Q Okay. And the same question for the                   4
                                                                       MR. GUSSMAN: I have it now. Thank
 5 monthly capacity column. By this time, you had             5
                                                                you.
 6 come not to rely on that information in GHC                6
                                                                       MR. MADDEN: Okay.
 7 products catalogs; correct?                                7
                                                                    BY MR. MADDEN:
 8    A That's --                                             8
                                                                    Q Mr. Bearman, you see Exhibit 22 is an
 9        MR. GUSSMAN: Objection.                             9
                                                                email from you to Mr. Thomas, Mr. Gula and
10        THE WITNESS: -- correct.                           10
                                                                Ms. Brown, 9:15 p.m. Pacific on Wednesday,
11    BY MR. MADDEN:                                         11
                                                                March 25th.
12    Q Okay. On the first page of Exhibit 17                12
                                                                       Do you see that?
13 under the See Attached email at the top,                  13
                                                                    A I do.
14 Mr. Thomas writes to you and others at 1:55 in the        14
                                                                    Q Okay. And then there's an attachment
15 morning on Wednesday, March 25th.                         15
                                                                to your email that's an Excel spreadsheet; is that
16        Do you see that email?                             16
                                                                right?
17    A I do.                                                17
                                                                    A That looks right.
18    Q Starting with the second sentence,                   18
                                                                    Q Okay. And the -- if you see on the
19 Mr. Thomas writes, Need to source inventory               19
                                                                email, it lists the name of the attachment -- the
20 amounts to tell California what we'll be sending          20
                                                                file name is California N95 order.
21 them. Gula has Henry's latest numbers broken down         21
                                                                       Do you see that?
22 by model for what California needs. I think we            22
                                                                    A Yes.
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Ethan Bearman                              CONFIDENTIAL                                            1/21/2021
 Case 1:20-cv-00658-LMB-IDD           Document 130-21 Filed 05/06/21               Page 5 Page
                                                                                          of 9 PageID#
                                                                                               49 (190 - 193)
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                                              Page 190                                                 Page 192
 1                                                    1
       Q Okay. Did you create this document?            first line was the purchase order I had negotiated
 2                                                    2
       A Yes, I did.                                    with Suuchi, Inc. The third line was, I believe,
 3                                                    3
       Q And for what purpose did you create it?        a purchase order we were going to issue to Henry
 4                                                    4
       A At the request of Mr. Thomas to help           for an initial order that he, if I recall
 5                                                    5
   lay out a schedule for California, and this was      correctly, had ready to ship, and that was
 6                                                    6
   the first draft.                                     communicated to California officials.
 7                                                    7
       Q Okay. And did Mr. Thomas explain to                     And then the remainder lines that are
 8                                                    8
   you why a schedule was needed?                       all identical were placeholders.
 9                                                    9
       A Yes.                                               BY MR. MADDEN:
10                                                   10
       Q What did he say?                                   Q And just to be clear, those lines, the
11                                                   11
       A I believe he said that he wanted to lay        placeholders, are the ones that start with the
12                                                   12
   out a schedule -- delivery schedule to give to       3 million masks with an arrival date of April 8;
13                                                   13
   California officials at DGS.                         correct?
14                                                   14
       Q Okay. On the spreadsheet, you see                  A Correct.
15                                                   15
   there's a column labeled Arrival Date?                   Q Okay. And those you filled in without
16                                                   16
       A Yes.                                           any basis, as just placeholders. Do I have that
17                                                   17
       Q And is the information in that column          right?
18                                                   18
   intended to reflect the arrival date of various          A To the best of my recollection, yes --
19                                                   19
   tranches of mask shipments to California in -- at        Q Okay.
20                                                   20
   its delivery point?                                      A -- so we could work on the spreadsheet
21                                                   21
           MR. GUSSMAN: Objection to form.              as Mr. Thomas had more detail than I had at that
22                                                   22
           THE WITNESS: I believe so. I -- I            moment.
                                              Page 191                                                 Page 193
 1                                                       1      Q Okay. On the first line that says the
   can't recall if it was for coming through the port
 2                                                        2 supplier is Suuchi, there's no arrival date filled
   or actual arrival at their facility because of
 3                                                        3 in.
   variability between the port and their facility.
 4                                                        4        Do you see that?
           I don't recall which.
 5                                                        5     A Correct.
       BY MR. MADDEN:
 6                                                        6     Q Why was that?
       Q Okay. And you called this a first
 7                                                        7     A Because I didn't enter a date.
   draft; right?
 8                                                        8     Q Did you have a date -- an arrival date
       A Yes.
 9                                                        9 corresponding to masks coming from Suuchi for the
       Q And you prepared the, sort of,
10                                                       10 State of California?
   quantities of masks associated with various
11                                                       11     A I don't believe so. I don't believe I
   arrival dates in this first draft; correct?
12                                                       12 had an arrival date yet.
       A Yeah, I -- I literally just plugged in
13                                                       13     Q Okay. You see at the bottom of the
   numbers to get the spreadsheet started for us to
14                                                       14 spreadsheet the total number of masks reflected is
   fill out.
15                                                       15 58 million; is that right?
       Q Okay. And what was the basis on which
16                                                       16     A Yep. Yes, that is what is there.
   you came up with these numbers?
17                                                       17     Q Okay. And then remaining, there's a
       A I don't believe there was a basis. I
18                                                       18 number in red, 42 million, below it.
   believe I was just starting to plug in numbers for
19                                                       19        Do you see that?
   our discussion to fill it out.
20                                                       20     A Yes.
       Q You just made this up?
21                                                       21     Q And the remaining masks, am I right,
           MR. GUSSMAN: Objection to form.
22                                                       22 are the 42 million masks for which no arrival date
           THE WITNESS: And let me clarify. The
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Ethan Bearman                                  CONFIDENTIAL                                              1/21/2021
 Case 1:20-cv-00658-LMB-IDD               Document 130-21 Filed 05/06/21                 Page 6 Page
                                                                                                of 9 PageID#
                                                                                                     50 (194 - 197)
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                                                     Page 194                                                Page 196
 1                                                              1          MS. ESBROOK: Sure. Here it is.
   or supplier is provided in this version of the
 2                                                               2         THE WITNESS: My turn to get the
   spreadsheet; correct?
 3                                                               3 network errors. Okay. I have it, Counsel.
           MR. GUSSMAN: Objection to form.
 4                                                               4         MR. MADDEN: All right. I'm not sure I
           THE WITNESS: Can you ask that again,
 5                                                               5 do. Sorry. Just give me a minute to make sure
   please?
 6                                                               6 I'm looking at the right thing.
       BY MR. MADDEN:
 7                                                               7         MR. GUSSMAN: I have it.
       Q Sure.
 8                                                               8         Matt, after this exhibit, could we take
           The 42 million remaining masks listed
 9                                                               9 a break -- a short break?
   at the bottom of this spreadsheet in Exhibit 17,
10                                                              10         MR. MADDEN: Yeah. Of course.
   that reflects 42 million masks for which no
11                                                              11     BY MR. MADDEN:
   supplier and no arrival date is reflected in this
12                                                              12     Q Okay. Just to make sure we're looking
   version of the spreadsheet; correct?
13                                                              13 at the same thing, Exhibit -- sorry. I need to
       A I dispute that categorization, no.
14                                                              14 open up the chat version. Now, I have the network
   It's a mathematical formula that just simply said,
15                                                              15 error.
   okay, we're delivering 100 million masks. I
16                                                              16         MR. MADDEN: Why don't we take a break
   plugged in numbers as previously testified to that
17                                                              17 now while I figure this out. Is that all right?
   were placeholders, and it just says you're
18                                                              18         MR. GUSSMAN: That's fine.
   42 million short.
19                                                              19         MR. MADDEN: All right. Let's go off
       Q Okay.
20                                                              20 the record.
       A So it -- I don't -- it has no meaning
21                                                              21         THE VIDEOGRAPHER: Off the record at
   beyond that.
22                                                              22 2:30.
       Q Okay. And if you take the 58 million
                                                    Page 195                                                 Page 197
 1 masks in the total line and subtract the 6 million           1         (Recess -- 2:30 p.m.)
 2 masks for which Suuchi is listed as the supplier,             2        (After recess -- 2:40 p.m.)
 3 you'll agree with me that the rest of the                     3        THE VIDEOGRAPHER: We are now back on
 4 52 million masks, at least according to this                  4 the record. The time is 2:40 p.m.

 5 spreadsheet, are coming from Great Health                     5    BY MR. MADDEN:
 6 Companion?                                                    6    Q Okay. Mr. Bearman, we were just -- we
 7        MR. GUSSMAN: Objection to form;                        7 were just looking at Exhibit 22, which is a

 8 misleading.                                                   8 9:15 p.m. Pacific email you sent on March 25th.

 9        THE WITNESS: Again, just                               9        Are you with me?
10 arithmetically, just math, the 58 million minus              10    A Yes.
11 6 million equals 52 million, based on placeholders           11    Q Okay. And we've put in the chat what's
12 for a draft, sure.                                           12 been previously marked Exhibit 23, which is an

13    BY MR. MADDEN:                                            13 email and its attachment.

14    Q Okay. And what you call the                             14        Do you have that?
15 placeholders in here are 3 million masks being               15    A Yes.
16 supplied by Great Health Companion every day from            16    Q Okay. And Exhibit 23 is an email,
17 April 8th through April 30th.                                17 Mr. Bearman, that you sent to Mike Gula, John

18        Is that -- do I have that right?                      18 Thomas and Jennilee Brown at 5:25 p.m. on

19    A That -- yes, that's what it says.                       19 March 25th; correct?

20        MR. GUSSMAN: Objection to form.                       20    A Yes.
21        MR. MADDEN: Okay. Let's look at                       21    Q So this is ten minutes after you had
22 Exhibit 23, please.                                          22 sent the email that's Exhibit 22; right?


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Ethan Bearman                              CONFIDENTIAL                                            1/21/2021
 Case 1:20-cv-00658-LMB-IDD           Document 130-21 Filed 05/06/21               Page 7 Page
                                                                                          of 9 PageID#
                                                                                               62 (242 - 245)
                                              1613
                                             Page 242                                                  Page 244
 1 buyers and what we were seeing when other people      1
                                                                 Do you see that?
 2 were trying to sell Blue Flame masks.               2
                                                             A Yes.
 3     Q Other than what you were hearing from         3
                                                             Q Did you determine that shipping cost
 4 buyers and seeing when other people were trying to  4
                                                         for the California invoice?
 5 sell Blue Flame masks, do you recall any other      5
                                                             A I believe I may have calculated that,
 6 information that Blue Flame considered in terms of  6
                                                         yes, I think so.
 7 what the market was bearing?                        7
                                                             Q And how did you go about calculating
 8     A I don't recall other factors.                 8
                                                         that?
 9     Q Okay. And I believe you said one of           9
                                                             A If I recall correctly, it was based on
10 the factors considered was what was fair and       10
                                                         what suppliers had said the going rate of air
11 reasonable; is that correct?                       11
                                                         freight for N95 masks from China to California
12     A Is that what the transcript says?            12
                                                         would be.
13        MR. GUSSMAN: Maybe rephrase your            13
                                                             Q Which suppliers do you have in mind who
14 question.                                          14
                                                         had provided Blue Flame that information?
15        MR. MADDEN: Sure.                           15
                                                             A It's most likely the -- Great Health
16     BY MR. MADDEN:                                 16
                                                         Companion as the primary source of that
17     Q Was one of the factors Blue Flame            17
                                                         information.
18 considered in setting the price on the California  18
                                                             Q And was that information on the going
19 order whether it was fair and reasonable?          19
                                                         rate of air freight a per-shipment figure, a
20     A I don't recall that specific phrase.         20
                                                         per-mask figure?
21     Q Do you recall a substance of a factor        21
                                                                 How was that information presented, if
22 along the lines of fairness and reasonableness?    22
                                                         you recall?
                                              Page 243                                                 Page 245
 1                                                       1      A I don't recall if it was per mask or
       A Yes. Again, that's -- I recall that
 2                                                        2 per pallet, but that's a typical way of measuring
   is, again, within the range of what other people
 3                                                        3 it.
   are charging, and potentially -- although it's
 4                                                        4     Q Which is a typical way of measuring
   never achieved that, not even near it -- what
 5                                                        5 that?
   price laws may guide.
 6                                                        6     A Any. Per unit, per pallet, per carton.
       Q Okay. Did you discuss the $4.76 per
 7                                                        7     Q It could be any of those?
   mask price with Mr. Thomas?
 8                                                        8     A Yes.
       A I'm sure we did.
 9                                                        9     Q Okay. Do you recall specifically
       Q How about with Mr. Gula?
10                                                       10 receiving information from Great Health Companion
       A I don't specifically recall discussing
11                                                       11 on what its shipping cost would be for the
   that price with Mr. Gula.
12                                                       12 California order?
       Q Okay. Did Mr. Thomas instruct you, in
13                                                       13     A I don't remember that specifically, but
   words or substance, to set the per-mask price for
14                                                       14 I -- I don't remember that specifically.
   the California order just below the upper end of a
15                                                       15     Q Okay. The last line -- well, I'll take
   price range he had previously provided the state?
16                                                       16 a step back.
           MR. GUSSMAN: Objection to form.
17                                                       17          The second-to-last line of the -- I'll
           THE WITNESS: I don't remember him
18                                                       18 call it chart in your email that reads,
   communicating that to me.
19                                                       19 $609,184,800, do you see that?
       BY MR. MADDEN:
20                                                       20     A I do.
       Q Okay. The next line down in your email
21                                                       21     Q And that was the total order amount for
   that's Exhibit 74 says, Shipping, and then the
22                                                       22 the California order?
   figure next to that is $95.2 million.
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Ethan Bearman                              CONFIDENTIAL                                                 1/21/2021
 Case 1:20-cv-00658-LMB-IDD           Document 130-21 Filed 05/06/21                    Page 8 Page
                                                                                               of 9 PageID#
                                                                                                    63 (246 - 249)
                                              1614
                                              Page 246                                                           Page 248
 1     A That looks correct.                              1 potentially for Mr. Thomas' ease of use.

 2     Q Okay. And then the next line in your             2    Q       Okay. And was it your understanding at
 3 email reads, Deposit (75 percent), and then the        3 the time you sent this email that Blue Flame

 4 figure $456,888,600.                                   4 Medical was requiring California to prepay a

 5         Do you see that?                               5 75 percent deposit on the total order amount?

 6     A I do.                                            6    A       I -- if I recall correctly, I was under
 7     Q What did that line, Deposit                      7 the understanding that there was a 75 percent

 8 (75 percent), reflect?                                 8 deposit.

 9     A 75 percent of that number above it.              9    Q       And that that was a deposit that Blue
10     Q And why was that part of the California         10 Flame Medical was requiring of California in

11 invoice?                                              11 connection with this transaction; correct?

12         Let me -- let me rephrase.                    12     A Yes.
13         Why --                                        13     Q Okay. Shifting gears a little bit, who
14         MR. GUSSMAN: Objection --                     14 is Suuchi Ramesh?

15     BY MR. MADDEN:                                    15     A She's the, I believe, founder and chief
16     Q -- were you --                                  16 executive officer of Suuchi, Inc.

17         MR. GUSSMAN: -- to form. Yeah, this           17     Q And how did you come -- did you --
18 is not an invoice.                                    18 sorry. Strike that.

19         MR. MADDEN: Yeah. Let me -- let me --         19         You communicated with Ms. Ramesh about
20         MR. GUSSMAN: Are you talking about why        20 the potential supply of N95 masks in March 2020;

21 it's a part of this email --                          21 is that right?

22         MR. MADDEN: I said --                         22     A Yes, I did.
                                              Page 247                                                           Page 249
 1        MR. GUSSMAN: -- or something else?              1    Q And how did you come to be
 2        MR. MADDEN: Bill, I said I'd rephrase.          2 communicating with Ms. Ramesh about that topic?

 3        MR. GUSSMAN: Okay. I didn't hear you.           3         Who reached out to whom? How did you
 4        MR. MADDEN: Okay.                               4 link up?

 5    BY MR. MADDEN:                                      5    A Which question do you want me to
 6    Q Why were you providing that "deposit              6 answer?

 7 (75 percent)" information to Mr. Thomas in this        7    Q Fine.
 8 email in connection with the California invoice?       8         How did you come to be communicating
 9    A Communicating information as the                  9 with Ms. Ramesh about that topic?

10 calculation.                                          10    A I have a cousin who at the time was
11    Q Yeah. My question is why.                        11 vice president or senior vice president working at

12    A I -- I don't know specifically why. I            12 Suuchi, Inc., and I believe I had seen a post on

13 don't recall that specifically.                       13 LinkedIn that they were trying to provide PPE, and

14    Q Do you recall generally why you were             14 so I reached out to my cousin and said, oh, my

15 providing information on what a 75 percent deposit    15 gosh, get me more information.

16 would be in connection with the California            16    Q And what's that --
17 invoice?                                              17    A So that's how I linked up with Suuchi.
18    A Generally speaking, that would be                18    Q Okay. And what's that cousin's name?
19 logical because there was discussion of a             19    A His name is Jason Bunin, B-U-N-I-N.
20 75 percent deposit, and if the numbers are being      20    Q Do you have an understanding as to
21 calculated, it looks -- above and that number is      21 whether Suuchi, Incorporated was, itself, a mask

22 $609,184,800, then I would calculate that for --      22 manufacturer?


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Ethan Bearman                                CONFIDENTIAL                                               1/21/2021
 Case 1:20-cv-00658-LMB-IDD             Document 130-21 Filed 05/06/21                  Page 9 Page
                                                                                               of 9 PageID#
                                                                                                    64 (250 - 253)
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                                                    Page 250                                                Page 252
 1                                                    1    Q But that Suuchi, Incorporated, itself,
            Let me rephrase. Strike that question.
 2                                                    2 does not manufacture PPE; correct?
            Did you have an understanding in
 3                                                    3    A I'm not sure.
   March 2020 as to whether Suuchi, Incorporated,
 4                                                    4    Q Okay. Sorry. Just a second.
   itself, made N95 masks?
 5                                                    5        Were you the principal person at Blue
       A I do not recall that I believed that
 6                                                    6 Flame Medical communicating with Suuchi about its
   they actually manufactured N95 masks, but I don't
 7                                                    7 PPE supply?
   recall specifically. I might have thought it at
 8                                                    8    A Yes.
   the time.
 9                                                    9    Q Okay. On or about March 24 -- Tuesday,
       Q Okay. In late March 2020, what
10                                                   10 March 24, 2020, did you have an understanding one
   understanding did you have, if any, as to what
11                                                   11 way or the other as to whether Suuchi had
   Suuchi, Incorporated's principal business was?
12                                                   12 6 million N95 masks that were ready to ship
       A At the time -- if I recall correctly, I
13                                                   13 immediately?
   felt -- apologies.
14                                                   14    A I don't recall if it was March 24th,
            When I first -- the time frame that
15                                                   15 specifically, but, yes, somewhere around that date
   you're asking for is -- is broad.
16                                                   16 we were -- we fully believe that she had 6 million
       Q Okay.
17                                                   17 N95 masks ready.
       A Can you narrow that for me?
18                                                   18    Q And by "ready," you mean you believe
       Q Sure.
19                                                   19 she had 6 million N95 masks already manufactured
            By March 25th, 2020, what did you
20                                                   20 and ready to ship; is that right?
   understand Suuchi, Incorporated's principal
21                                                   21    A That she had access to the inventory,
   business to be, if you had an understanding?
22                                                   22 yes.
       A If I recall -- the best way I know how
                                              Page 251                                                      Page 253
 1 to explain what my understanding was is they were           1      Q Okay. And what was the basis of that
 2 a supply chain -- let me rephrase that.                      2 belief?

 3        They were a clothing and PPE                          3     A Based on the company, Suuchi, Inc.'s,
 4 manufacturer with an extensive network of                    4 representations to Blue Flame Medical and myself.

 5 factories and software to manage all of that along           5     Q That was going to be my question. Were
 6 with people on the ground around the world to                6 those representations made to you or to others at

 7 ensure high quality.                                         7 Blue Flame?

 8    Q    And as of March 25th, 2020, did you                  8     A I believe both.
 9 believe that Suuchi, Incorporated was, itself, a             9     Q Okay. In terms of the representations
10 PPE manufacturer?                                           10 made to you, who at Suuchi made those

11    A    Yes, at that time I believe I believed              11 representations to you?

12 that they were making some PPE products.                    12     A I don't actually recall all of the
13    Q    Okay. Did you later come to believe                 13 people I spoke with, but Suuchi Ramesh is the name

14 that -- or understand that Suuchi, Incorporated             14 I recall off the top of my head as the CEO who I

15 does not, itself, manufacture PPE products?                 15 believe I had most contact with, and I believe she

16    A   I -- I'm not sure. I'm not -- I'm just               16 had a -- like a head of procurement, and I seem to

17 not sure how to answer that.  I -- I'm not clear.           17 recall that he also shared that kind of

18    Q Okay. Well, as you sit here today, do                  18 information --

19 you have an understanding as to whether Suuchi,             19     Q Okay.
20 Incorporated, itself, makes PPE?                            20     A -- of masks.
21    A I believe that factories in Suuchi's                   21     Q And was it your understanding that
22 network manufactures some PPE products.                     22 Suuchi's inventory of 6 million N95 masks was


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