The Docket: Court Roundup for 11.09.10


City of Richmond

Shree Arihant of Richmond, Inc. v. Changing Minds Community Services
Plaintiff owns Scottish Inns, 1600 Robin Hood Road in Richmond and is seeking unpaid rent from an April lease in the amount of $94,920.14 and five percent interest and related costs and possession of the premises.
Law firm:  The Worrell Law Firm
Filed:  11/2/2010  CL10004668

John David Shobe III v. Kemper Equipment Inc. and Old Dominion Equipment and Supply Inc.
Plaintiff is seeking a declaration of validity and enforceability of a Kemper Equipment non-compete and confidentiality agreement.
Law firm:  Shelley & Schulte
Filed:  11/3/2010  CL10004679

George Joseph Pesce v. Mama Maria, Inc. and La Bella Roma Ristorante Italiano
Plaintiff is seeking $975,000 and interest from an injury he allegedly suffered from an exposed extension cord in January 1992 when he was two years old.
Law firm: Tom McGrath
Filed:  11/4/2010  CL10004685 [private]

Erick E. Daniel v. Kroger Limited Partnership d/b/a Kroger and The Kroger Co. d/b/a Kroger
Plaintiff is seeking redress on the grounds of religious discrimination. He is a minister and pastor of a Petersburg church and was hired as an assistant meat manager with the understanding that he could work limited hours on Sundays. The defendant initially worked with the plaintiff on limiting his Sunday hours when he was hired in November 2008 but then fired him in March 2009.  No dollar amount was specified in the suit.
Law firm:  The Gee Law Firm, P.C.
Filed:  11/4/2010  CL10004686

Colonial Pacific Leasing Corporation v. Charles Jordan
Plaintiff is seeking $87,758.07, the balance of a 2007 loan for a Vermeer drill, as well as  $36,613.15 in interest and $1262.03 in late charges and immediate possession of the equipment.
Law firm:  ThompsonMcMullan
Filed:  11/5/2010  CL10004695

Kelley Deep Llewellyn v. Garcia Family Inc. d/b/a Mexico Restaurant Inc. and/or Mexico Restaurant and Maria D. Garcia
Plaintiff is seeking $10 million after becoming ill from eating a chicken chimichanga at the Mechanicsville Mexico restaurant in August 2009 that was contaminated with campylobacter jejuni food poisoning.
Law firm:  Marks & Harrison
Filed:  11/5/2010  CL10004697

Tony Hill v. City of Richmond and Victor Garay
Plaintiff is seeking $250,000 from an car crash on November 10, 2008, at the intersection of East Main and North 17th streets in Richmond.  Defendant, a city employee, allegedly failed to stop at a red light, causing a third vehicle to collide with the plaintiff.
Law firm:  Hill Tucker & Marsh
Filed:  11/5/2010  CL10004700

Chesterfield County

Dallas Weston Dive Center Inc. n/k/a Dallas Weston Marine Services Inc. v. DMKW Enterprises Inc.
A confession of judgment in the amount of $72,233.17 with eight percent interest from Oct. 27, 2010 and attorney fees of $18,058.19
Law firm:  Heyward, Lee, Hopper & Feehan
Filed:  10/27/2010  CL10002941

Richard L. Crowder Construction Company, Inc. v. Broad Street Partners Commercial, LLP and BSPC/Americana Park, LLC, formerly a Virginia limited partnership
Plaintiff, an excavation and site contracting firm based in Petersburg, contracted with defendant, Broad Street Partners Commercial LLP for a mixed use development, Kaylan Plaza, in the 12000 block of Jefferson Davis Highway.  In July 2009, plaintiff filed a complaint seeking judgment for the unpaid balance of the project, $270,027.09.  Defendant did not respond.  In March 2010, plaintiff was granted a judgment.  At that time, plaintiff was advised that the defendant was the sole member and owner of BSPC/Americana Park, LLC.  BSPC/A is now a defunct and dissolved.  Plaintiff is asking the court to declare BSPC/Americana the alter ego of the defendant which will allow the plaintiff to have a direct lien and claim on the assets of, or formerly of, BSPC/A.
Law firm:   LeClair Ryan
Filed:  11/1/2010  CL10002978

Richmond Baseball Academy South, LLC v. SportsQuest, LLC
The plaintiff is a baseball instructional facility and has been a tenant of Athlete’s Complete Training Source (ACTS) Inc. at 2240 Oak Lake Boulevard in Midlothian since October 2006. ACTS leased the building from the owner, Carns Properties, LLC. In October 2009, ACTS entered into an asset purchase by SportsQuest who then tried to terminate plaintiff’s lease. Plaintiff is asking the court to grant an immediate and temporary injunction barring the defendant from terminating the original lease and grant the plaintiff a permanent injunction, fully binding the defendant to the original lease with ACTS.
Law firm:   Meyer, Goergen & Marrs
Filed:  11/3/2010  CL10002993

Sparklewash LLC v. Kathryn E. Bunce
Plaintiff is seeking repayment of $69,000 in actual damages and $350,000 in punitive damages from a former employee it alleges embezzled funds from the coin changer at the laundermat she supervised over a four year period.
Law firm:  CowanGates PC
Filed:  11/2/2010  CL10002995

Barnes & Diehl v. Gregory W. Sampson and Rosco W. Sampson
Plaintiff is seeking $30,283.55, plus interest, costs and attorney fees from former clients.
Law firm:  Barnes & Diehl
Filed:  11/3/2010  CL10003002

Henrico County

Donald R. Turner and Kathryn Turner v. Bon Secours Richmond Health System  d/b/a as St. Mary’s Hospital and Massimo Giusti, MD and George Greenfield, MD, and Chiowan Hahn, MD
Plaintiffs are seeking undetermined damages from an anteroseptal defect Mr. Turner that went undiagnosed following a cardiac catherization and triple bypass heart surgery in August 2008.
Law firm:  J. K. Eshagapoor
Filed:  11/2/2010  CL3165

Colonial Pacific Leasing Inc. v. Money Tree Enterprises, Inc. and Jevon Cook
Plaintiff is seeking judgment of $111,847.10 and 18 percent interest on nonpayment of a truck lease from December 2007.
Law firm:  ThompsonMcMullan, P.C.
Filed:  11/1/2010  CL10003168

Ano, LLC v. Exercise Equilibrium Gallery, Inc.
Plaintiff is the landlord of a property located at 7880 Richmond Road, Toano and seeking unpaid rent from the defendant, $222,226.99 and attorney fees of $55,556.75.
Law firm:  Robert B. Smith III, P.C.
Filed:  10/27/2010  CL10003169

Guests, Inc. v. Cascade Pointe P2 Investment LLC
This is a garnishment for $116,205.63.
Law firm:  Hirschler Fleischer, P.C.
Filed:  11/3/2010  CL10003174

Meyer, Goergen & Marrs v. Davis Brothers Construction Company Incorporated
Plaintiff is seeking $24,567.20 with interest from July 2006 and all costs from a former client.
Law firm:  Meyer, Goergen & Marrs
Filed:  11/3/2010  CL10003179

John Glover, a minor, by and through Jeff Glover, Father, and Laura Glover, Mother and Guardians and Next Friends v. The Tile Shop, LLC
Plaintiff is seeking to confirm a settlement of $2,200 for injuries the child received when a sink display fell on him in January.
Law firm:  Daniel E. Lynch & Associates, P.C.
Filed:  11/4/2010  CL10003196

Regions Bank v. Tomac Corp. and Thomas G. Cauble
Plaintiff is seeking a judgment of $1,442,434.19, interest from Sept. 23, costs and attorney fees from the balance of a line of credit.
Law firm:  Cawthorn, Picard, Rowe, Deskevich & Gavin, P.C.
Filed:  11/4/2010  CL10003205

Coverall North America Inc. v. Cordell Dean and Raymond Joseph III

Plaintiff is a market and sells janitorial commercial cleaning franchises and is seeking to stop two former employees from using confidential information to compete with the plaintiff.
Law firm:  Troutman Sanders
Filed:  11/4/2010  CL10003228

Copies of specific cases are available. To inquire, please send email to [email protected].

[/private]


City of Richmond

Shree Arihant of Richmond, Inc. v. Changing Minds Community Services
Plaintiff owns Scottish Inns, 1600 Robin Hood Road in Richmond and is seeking unpaid rent from an April lease in the amount of $94,920.14 and five percent interest and related costs and possession of the premises.
Law firm:  The Worrell Law Firm
Filed:  11/2/2010  CL10004668

John David Shobe III v. Kemper Equipment Inc. and Old Dominion Equipment and Supply Inc.
Plaintiff is seeking a declaration of validity and enforceability of a Kemper Equipment non-compete and confidentiality agreement.
Law firm:  Shelley & Schulte
Filed:  11/3/2010  CL10004679

George Joseph Pesce v. Mama Maria, Inc. and La Bella Roma Ristorante Italiano
Plaintiff is seeking $975,000 and interest from an injury he allegedly suffered from an exposed extension cord in January 1992 when he was two years old.
Law firm: Tom McGrath
Filed:  11/4/2010  CL10004685 [private]

Erick E. Daniel v. Kroger Limited Partnership d/b/a Kroger and The Kroger Co. d/b/a Kroger
Plaintiff is seeking redress on the grounds of religious discrimination. He is a minister and pastor of a Petersburg church and was hired as an assistant meat manager with the understanding that he could work limited hours on Sundays. The defendant initially worked with the plaintiff on limiting his Sunday hours when he was hired in November 2008 but then fired him in March 2009.  No dollar amount was specified in the suit.
Law firm:  The Gee Law Firm, P.C.
Filed:  11/4/2010  CL10004686

Colonial Pacific Leasing Corporation v. Charles Jordan
Plaintiff is seeking $87,758.07, the balance of a 2007 loan for a Vermeer drill, as well as  $36,613.15 in interest and $1262.03 in late charges and immediate possession of the equipment.
Law firm:  ThompsonMcMullan
Filed:  11/5/2010  CL10004695

Kelley Deep Llewellyn v. Garcia Family Inc. d/b/a Mexico Restaurant Inc. and/or Mexico Restaurant and Maria D. Garcia
Plaintiff is seeking $10 million after becoming ill from eating a chicken chimichanga at the Mechanicsville Mexico restaurant in August 2009 that was contaminated with campylobacter jejuni food poisoning.
Law firm:  Marks & Harrison
Filed:  11/5/2010  CL10004697

Tony Hill v. City of Richmond and Victor Garay
Plaintiff is seeking $250,000 from an car crash on November 10, 2008, at the intersection of East Main and North 17th streets in Richmond.  Defendant, a city employee, allegedly failed to stop at a red light, causing a third vehicle to collide with the plaintiff.
Law firm:  Hill Tucker & Marsh
Filed:  11/5/2010  CL10004700

Chesterfield County

Dallas Weston Dive Center Inc. n/k/a Dallas Weston Marine Services Inc. v. DMKW Enterprises Inc.
A confession of judgment in the amount of $72,233.17 with eight percent interest from Oct. 27, 2010 and attorney fees of $18,058.19
Law firm:  Heyward, Lee, Hopper & Feehan
Filed:  10/27/2010  CL10002941

Richard L. Crowder Construction Company, Inc. v. Broad Street Partners Commercial, LLP and BSPC/Americana Park, LLC, formerly a Virginia limited partnership
Plaintiff, an excavation and site contracting firm based in Petersburg, contracted with defendant, Broad Street Partners Commercial LLP for a mixed use development, Kaylan Plaza, in the 12000 block of Jefferson Davis Highway.  In July 2009, plaintiff filed a complaint seeking judgment for the unpaid balance of the project, $270,027.09.  Defendant did not respond.  In March 2010, plaintiff was granted a judgment.  At that time, plaintiff was advised that the defendant was the sole member and owner of BSPC/Americana Park, LLC.  BSPC/A is now a defunct and dissolved.  Plaintiff is asking the court to declare BSPC/Americana the alter ego of the defendant which will allow the plaintiff to have a direct lien and claim on the assets of, or formerly of, BSPC/A.
Law firm:   LeClair Ryan
Filed:  11/1/2010  CL10002978

Richmond Baseball Academy South, LLC v. SportsQuest, LLC
The plaintiff is a baseball instructional facility and has been a tenant of Athlete’s Complete Training Source (ACTS) Inc. at 2240 Oak Lake Boulevard in Midlothian since October 2006. ACTS leased the building from the owner, Carns Properties, LLC. In October 2009, ACTS entered into an asset purchase by SportsQuest who then tried to terminate plaintiff’s lease. Plaintiff is asking the court to grant an immediate and temporary injunction barring the defendant from terminating the original lease and grant the plaintiff a permanent injunction, fully binding the defendant to the original lease with ACTS.
Law firm:   Meyer, Goergen & Marrs
Filed:  11/3/2010  CL10002993

Sparklewash LLC v. Kathryn E. Bunce
Plaintiff is seeking repayment of $69,000 in actual damages and $350,000 in punitive damages from a former employee it alleges embezzled funds from the coin changer at the laundermat she supervised over a four year period.
Law firm:  CowanGates PC
Filed:  11/2/2010  CL10002995

Barnes & Diehl v. Gregory W. Sampson and Rosco W. Sampson
Plaintiff is seeking $30,283.55, plus interest, costs and attorney fees from former clients.
Law firm:  Barnes & Diehl
Filed:  11/3/2010  CL10003002

Henrico County

Donald R. Turner and Kathryn Turner v. Bon Secours Richmond Health System  d/b/a as St. Mary’s Hospital and Massimo Giusti, MD and George Greenfield, MD, and Chiowan Hahn, MD
Plaintiffs are seeking undetermined damages from an anteroseptal defect Mr. Turner that went undiagnosed following a cardiac catherization and triple bypass heart surgery in August 2008.
Law firm:  J. K. Eshagapoor
Filed:  11/2/2010  CL3165

Colonial Pacific Leasing Inc. v. Money Tree Enterprises, Inc. and Jevon Cook
Plaintiff is seeking judgment of $111,847.10 and 18 percent interest on nonpayment of a truck lease from December 2007.
Law firm:  ThompsonMcMullan, P.C.
Filed:  11/1/2010  CL10003168

Ano, LLC v. Exercise Equilibrium Gallery, Inc.
Plaintiff is the landlord of a property located at 7880 Richmond Road, Toano and seeking unpaid rent from the defendant, $222,226.99 and attorney fees of $55,556.75.
Law firm:  Robert B. Smith III, P.C.
Filed:  10/27/2010  CL10003169

Guests, Inc. v. Cascade Pointe P2 Investment LLC
This is a garnishment for $116,205.63.
Law firm:  Hirschler Fleischer, P.C.
Filed:  11/3/2010  CL10003174

Meyer, Goergen & Marrs v. Davis Brothers Construction Company Incorporated
Plaintiff is seeking $24,567.20 with interest from July 2006 and all costs from a former client.
Law firm:  Meyer, Goergen & Marrs
Filed:  11/3/2010  CL10003179

John Glover, a minor, by and through Jeff Glover, Father, and Laura Glover, Mother and Guardians and Next Friends v. The Tile Shop, LLC
Plaintiff is seeking to confirm a settlement of $2,200 for injuries the child received when a sink display fell on him in January.
Law firm:  Daniel E. Lynch & Associates, P.C.
Filed:  11/4/2010  CL10003196

Regions Bank v. Tomac Corp. and Thomas G. Cauble
Plaintiff is seeking a judgment of $1,442,434.19, interest from Sept. 23, costs and attorney fees from the balance of a line of credit.
Law firm:  Cawthorn, Picard, Rowe, Deskevich & Gavin, P.C.
Filed:  11/4/2010  CL10003205

Coverall North America Inc. v. Cordell Dean and Raymond Joseph III

Plaintiff is a market and sells janitorial commercial cleaning franchises and is seeking to stop two former employees from using confidential information to compete with the plaintiff.
Law firm:  Troutman Sanders
Filed:  11/4/2010  CL10003228

Copies of specific cases are available. To inquire, please send email to [email protected].

[/private]

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