The Docket: Local court roundup for 5.9.24

Chesterfield Circuit Court

Nichole Wright, administrator of the estate of Darrius Marcell Wright, deceased v. EIDP, Inc. f/n/a E.I. DuPont de Nemours and Company; DuPont Specialty Products USA, LLC; Dawn Smith; and Shannon Woods
Plaintiff says Darrius, while working for MPW Industrial Services, Inc., on the premises of the DuPont plant in Chesterfield on May 26, 2022, was instructed to use a water-blaster-and-vac system to remove solidified and hardened polymer from the Polymer Control Room instead of using a jackhammer to break it up as in the past, and during 4 hours water-blasting he absorbed m-Phenylenediamine “MPD” through his skin and lungs. Plaintiff says the next day he became violently ill, dying May 28 of MPD poisoning. Plaintiff says defendants knew or should have known of the safety hazards and should have provided a safety data sheet to his employer, and seeks $10 million in compensatory damages, and $1 million punitive.
Attorneys: Elliot M. Buckner, M. Scott Bucci, Jeffrey N. Stedman and Joseph L. Cantor of Cantor Grana Buckner Bucci
Filed: 4/19/2024
CL24001567

Kapitus Servicing, Inc. v. Alpha Omega Heating and Cooling Inc. d/b/a Alpha Omega Heating and Cooling
Plaintiff says the New York business is in default of a forward purchase agreement and seeks judgment in the principal amount of $139,687.
Attorneys: Nhon H. Nguyen and Timothy A. Hennigan of Nguyen|Ballato
Filed: 4/23/2024
CL24001611

Kapitus Servicing, Inc. v. Chandon Ltd. d/b/a ‘Ohana Salon; and Chandra Chriswisser
Plaintiff says the Arizona business is in default of two financial agreements and seeks judgment in the principal amount of $155,495.
Attorneys: Nhon H. Nguyen of Nguyen|Ballato
Filed: 4/23/2024
CL24001612

Kapitus Servicing, Inc. v. Carden Robotics, Inc. d/b/a Carden Robotics; and Dennis Horle
Plaintiff says the Michigan business is in default of two financial agreements and seeks judgment in the principal amount of $153,089.24.
Attorneys: Nhon H. Nguyen, Timothy A. Hennigan and Charles D. Waters of Nguyen|Ballato
Filed: 4/23/2024
CL24001614

Kapitus Servicing, Inc. v. Providence Pass Ministries, LLC d/b/a Providence Pass Health; and Jennifer Del-Giudice
Plaintiff says the Florida business is in default of a forward purchase agreement and seeks judgment in the principal amount of $260,399.
Attorneys: Nhon H. Nguyen and Timothy A. Hennigan of Nguyen|Ballato
Filed: 4/23/2024
CL24001623

Henrico Circuit Court

Sealy Manufacturing Company, LLC v. HFIG, LLC d/b/a Mattress Club
Plaintiff says defendant has failed to pay for goods and services and seeks judgment in the principal sum of $26,709.
Attorneys: R. Bruce Fickley of the Law Office of R. Bruce Fickley
Filed: 4/15/2024
CL24002507

State Farm Fire and Casualty Company a/s/o Mark Shubert v. Ronnie Antonio Frye d/b/a Frye & Funt’s Moving and Handyman Service
Plaintiff says defendant was hired to stain hardwood floors in insured’s residence, and negligently left a bag of used oily stain rags at the front entrance, and the rags combusted and started a fire that caused damage to the residence and its contents. Plaintiff seeks judgment of $231,230.77.
Attorneys: John P. Williamson of McKenry, Dancigers, Dawson
Filed: 4/15/24
CL24002578

Itria Ventures LLC v. Blessed Hands and Heart, LLC and Joan Morton-Boyd
Plaintiff says defendant is in default of a receivables sales agreement and seeks judgment in the principal balance of $112,944.25.
Attorneys: Craig A. Parker and William J. Bang of Parker, Simon & Kokolis
Field: 4/22/2024
CL24002672

Sonette Winslow v. CS1031 Richmond VA Apartments Master Lessee, LLC d/b/a Summit at Bon Air (Chesterfield Co) and CS1031 Richmond VA Apartments, DST d/b/a Summit at Bon Air (Chesterfield Co)
Plaintiff, an invitee, says on/about June 15, 2022, she fell and was severely injured as she entered the clubhouse because defendant allowed a 6-inch step-down area to the hall walkway that was hidden and unmarked. Plaintiff seeks judgment of $500,000.
Attorneys: David Sturm of Allen, Allen, Allen & Allen
Filed: 4/19/2024
CL24002678

Annie Mae and Wes, LLC v. Bodhi Center, LLC
Plaintiff, which leased property at 10615 Patterson Ave. for its hair bows business, says defendant, at adjacent property at 10671 Patterson Ave., on/about Jan. 22, 2024, negligently left cloth towels saturated with a chemical substance at the time of closing their health and wellness business, and the towels spontaneously combusted and caught fire, destroying all of plaintiff’s personal property. Plaintiff asks judgment of $170,000.
Attorneys: John M. Erbach, Kasey L. Hoare and Nancy Y. Simpson of Spotts Fain
Filed: 4/23/2024
CL24002701

Phillip Ho, Long Nguyen and PLT Ventures, LLC v. Andy Nguyen, Hang Pham and Dulce-Organic Care, LLC
Plaintiff says it was to purchase the assets and operations of defendants’ spa at 2902 W. Cary St. – Perception Organic Spa – including transitioning its existing clientele, and paid $380,000, but after making the final payment on April 2, 2024, and closing on the agreement, plaintiff discovered they did not have a valid lease and that defendants had removed almost all tangible assets and intended to open their spa in a new location a half mile away. Plaintiff alleges fraud, material misrepresentation and statutory conspiracy, and seeks compensatory damages of $3 million, and punitive, $350,000.
Attorneys: D. Hayden Fisher of Fisher Law
Filed: 4/24/2024
CL24002714

Richmond Circuit Court

Davis Defense Group, Inc. v. Dominion Payroll Services, LLC
Plaintiff says defendant failed to file plaintiff’s unemployment insurance taxes for Q3 2019 and intentionally submitted paper reports for Q4 2019 through Q3 2022, despite knowing that the state of Hawaii only accepted electronic filings effective Jan. 1, 2020, and inexplicably failed to submit the quarterly tax payments associated with the reports and provided plaintiff with inconsistent information regarding the status of the payments. As a result of defendant’s actions, plaintiff says it has suffered losses, including contribution rates 2020 through 2023 and penalties and interest owed to the state of Hawaii. Plaintiff alleges breach of covenant, breach of fiduciary duties and negligence and seeks judgment of $125,000.
Attorneys: Matthew E. Feinberg and Akinyi Orinda of PilieroMazza
Filed: 4/9/2024
CL24001625

CoLab Multimedia v. DiscoverNEPA, LLC
Plaintiff says it provided website design and helped establish an online presence for defendant, and defendant has failed to pay for work performed Dec. 1, 2022, through cessation of work in May 2023. Plaintiff seeks judgment in the principal amount of $204,339.80.
Attorneys: Bradley P. Marrs of Marrs & Henry
Filed: 4/16/2024
CL24001719

Paul Boltz v. Allen Tire Incorporated
Plaintiff says he was terminated due to his reports to his supervisor of defendant’s violations of federal and Virginia laws and regulations regarding workplace safety and environmental law, including the automobile lifts in the Forest Hill shop lacking legally required safety locks and flushing oily runoff water directly into public sewers. Plaintiff seeks compensatory damages of $100,000, and punitive, $350,000.
Attorneys: Matthais Kaseorg and Joel White of Pierce Jewett
Filed: 4/19/2024
CL24001828

Constance Ramirez-Gonzalez v. Robert W. DeConti, M.D. and Robert W. DeConti, M.D., Inc.
Plaintiff says following breast reduction surgery and liposuction Jan. 5, 2022, she developed a severe infection that required hospitalization and multiple surgeries that have left her with significant scarring and disfigurement. Plaintiff seeks judgment of $3 million.
Attorneys: Pro se
Filed: 4/19/2024
CL24001834

Kapitus Servicing, Inc. v. BIM Designs, Inc. d/b/a BIM Designs; and Mark Oden
Plaintiff says the Arizona business is in default of a loan agreement and seeks judgment in the principal amount of $204,772.
Attorneys: Nhon H. Nguyen of Nguyen|Ballato
Filed: 4/29/2024
CL24002000

Chesterfield Circuit Court

Nichole Wright, administrator of the estate of Darrius Marcell Wright, deceased v. EIDP, Inc. f/n/a E.I. DuPont de Nemours and Company; DuPont Specialty Products USA, LLC; Dawn Smith; and Shannon Woods
Plaintiff says Darrius, while working for MPW Industrial Services, Inc., on the premises of the DuPont plant in Chesterfield on May 26, 2022, was instructed to use a water-blaster-and-vac system to remove solidified and hardened polymer from the Polymer Control Room instead of using a jackhammer to break it up as in the past, and during 4 hours water-blasting he absorbed m-Phenylenediamine “MPD” through his skin and lungs. Plaintiff says the next day he became violently ill, dying May 28 of MPD poisoning. Plaintiff says defendants knew or should have known of the safety hazards and should have provided a safety data sheet to his employer, and seeks $10 million in compensatory damages, and $1 million punitive.
Attorneys: Elliot M. Buckner, M. Scott Bucci, Jeffrey N. Stedman and Joseph L. Cantor of Cantor Grana Buckner Bucci
Filed: 4/19/2024
CL24001567

Kapitus Servicing, Inc. v. Alpha Omega Heating and Cooling Inc. d/b/a Alpha Omega Heating and Cooling
Plaintiff says the New York business is in default of a forward purchase agreement and seeks judgment in the principal amount of $139,687.
Attorneys: Nhon H. Nguyen and Timothy A. Hennigan of Nguyen|Ballato
Filed: 4/23/2024
CL24001611

Kapitus Servicing, Inc. v. Chandon Ltd. d/b/a ‘Ohana Salon; and Chandra Chriswisser
Plaintiff says the Arizona business is in default of two financial agreements and seeks judgment in the principal amount of $155,495.
Attorneys: Nhon H. Nguyen of Nguyen|Ballato
Filed: 4/23/2024
CL24001612

Kapitus Servicing, Inc. v. Carden Robotics, Inc. d/b/a Carden Robotics; and Dennis Horle
Plaintiff says the Michigan business is in default of two financial agreements and seeks judgment in the principal amount of $153,089.24.
Attorneys: Nhon H. Nguyen, Timothy A. Hennigan and Charles D. Waters of Nguyen|Ballato
Filed: 4/23/2024
CL24001614

Kapitus Servicing, Inc. v. Providence Pass Ministries, LLC d/b/a Providence Pass Health; and Jennifer Del-Giudice
Plaintiff says the Florida business is in default of a forward purchase agreement and seeks judgment in the principal amount of $260,399.
Attorneys: Nhon H. Nguyen and Timothy A. Hennigan of Nguyen|Ballato
Filed: 4/23/2024
CL24001623

Henrico Circuit Court

Sealy Manufacturing Company, LLC v. HFIG, LLC d/b/a Mattress Club
Plaintiff says defendant has failed to pay for goods and services and seeks judgment in the principal sum of $26,709.
Attorneys: R. Bruce Fickley of the Law Office of R. Bruce Fickley
Filed: 4/15/2024
CL24002507

State Farm Fire and Casualty Company a/s/o Mark Shubert v. Ronnie Antonio Frye d/b/a Frye & Funt’s Moving and Handyman Service
Plaintiff says defendant was hired to stain hardwood floors in insured’s residence, and negligently left a bag of used oily stain rags at the front entrance, and the rags combusted and started a fire that caused damage to the residence and its contents. Plaintiff seeks judgment of $231,230.77.
Attorneys: John P. Williamson of McKenry, Dancigers, Dawson
Filed: 4/15/24
CL24002578

Itria Ventures LLC v. Blessed Hands and Heart, LLC and Joan Morton-Boyd
Plaintiff says defendant is in default of a receivables sales agreement and seeks judgment in the principal balance of $112,944.25.
Attorneys: Craig A. Parker and William J. Bang of Parker, Simon & Kokolis
Field: 4/22/2024
CL24002672

Sonette Winslow v. CS1031 Richmond VA Apartments Master Lessee, LLC d/b/a Summit at Bon Air (Chesterfield Co) and CS1031 Richmond VA Apartments, DST d/b/a Summit at Bon Air (Chesterfield Co)
Plaintiff, an invitee, says on/about June 15, 2022, she fell and was severely injured as she entered the clubhouse because defendant allowed a 6-inch step-down area to the hall walkway that was hidden and unmarked. Plaintiff seeks judgment of $500,000.
Attorneys: David Sturm of Allen, Allen, Allen & Allen
Filed: 4/19/2024
CL24002678

Annie Mae and Wes, LLC v. Bodhi Center, LLC
Plaintiff, which leased property at 10615 Patterson Ave. for its hair bows business, says defendant, at adjacent property at 10671 Patterson Ave., on/about Jan. 22, 2024, negligently left cloth towels saturated with a chemical substance at the time of closing their health and wellness business, and the towels spontaneously combusted and caught fire, destroying all of plaintiff’s personal property. Plaintiff asks judgment of $170,000.
Attorneys: John M. Erbach, Kasey L. Hoare and Nancy Y. Simpson of Spotts Fain
Filed: 4/23/2024
CL24002701

Phillip Ho, Long Nguyen and PLT Ventures, LLC v. Andy Nguyen, Hang Pham and Dulce-Organic Care, LLC
Plaintiff says it was to purchase the assets and operations of defendants’ spa at 2902 W. Cary St. – Perception Organic Spa – including transitioning its existing clientele, and paid $380,000, but after making the final payment on April 2, 2024, and closing on the agreement, plaintiff discovered they did not have a valid lease and that defendants had removed almost all tangible assets and intended to open their spa in a new location a half mile away. Plaintiff alleges fraud, material misrepresentation and statutory conspiracy, and seeks compensatory damages of $3 million, and punitive, $350,000.
Attorneys: D. Hayden Fisher of Fisher Law
Filed: 4/24/2024
CL24002714

Richmond Circuit Court

Davis Defense Group, Inc. v. Dominion Payroll Services, LLC
Plaintiff says defendant failed to file plaintiff’s unemployment insurance taxes for Q3 2019 and intentionally submitted paper reports for Q4 2019 through Q3 2022, despite knowing that the state of Hawaii only accepted electronic filings effective Jan. 1, 2020, and inexplicably failed to submit the quarterly tax payments associated with the reports and provided plaintiff with inconsistent information regarding the status of the payments. As a result of defendant’s actions, plaintiff says it has suffered losses, including contribution rates 2020 through 2023 and penalties and interest owed to the state of Hawaii. Plaintiff alleges breach of covenant, breach of fiduciary duties and negligence and seeks judgment of $125,000.
Attorneys: Matthew E. Feinberg and Akinyi Orinda of PilieroMazza
Filed: 4/9/2024
CL24001625

CoLab Multimedia v. DiscoverNEPA, LLC
Plaintiff says it provided website design and helped establish an online presence for defendant, and defendant has failed to pay for work performed Dec. 1, 2022, through cessation of work in May 2023. Plaintiff seeks judgment in the principal amount of $204,339.80.
Attorneys: Bradley P. Marrs of Marrs & Henry
Filed: 4/16/2024
CL24001719

Paul Boltz v. Allen Tire Incorporated
Plaintiff says he was terminated due to his reports to his supervisor of defendant’s violations of federal and Virginia laws and regulations regarding workplace safety and environmental law, including the automobile lifts in the Forest Hill shop lacking legally required safety locks and flushing oily runoff water directly into public sewers. Plaintiff seeks compensatory damages of $100,000, and punitive, $350,000.
Attorneys: Matthais Kaseorg and Joel White of Pierce Jewett
Filed: 4/19/2024
CL24001828

Constance Ramirez-Gonzalez v. Robert W. DeConti, M.D. and Robert W. DeConti, M.D., Inc.
Plaintiff says following breast reduction surgery and liposuction Jan. 5, 2022, she developed a severe infection that required hospitalization and multiple surgeries that have left her with significant scarring and disfigurement. Plaintiff seeks judgment of $3 million.
Attorneys: Pro se
Filed: 4/19/2024
CL24001834

Kapitus Servicing, Inc. v. BIM Designs, Inc. d/b/a BIM Designs; and Mark Oden
Plaintiff says the Arizona business is in default of a loan agreement and seeks judgment in the principal amount of $204,772.
Attorneys: Nhon H. Nguyen of Nguyen|Ballato
Filed: 4/29/2024
CL24002000

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