The Docket: Court Roundup for 3.22.12

Chesterfield

Richard L. Crowder Construction Inc. v. Broad Street Partners Commercial LLP; and BSPC/Americana Park LLC
Defendant Broad Street Partners (BSP) is the owner of record of property at 12103 Jefferson Davis Highway, the site of which was intended to be a real estate development project known as Kaylan Plaza. The plaintiff says BSP was formed to assemble and develop multiple parcels of real estate adjacent to and including the original property. Pursuant to an agreement with BSP, plaintiff constructed the infrastructure. On or about March 26, 2010, the court entered an order granting plaintiff judgment against BSP in the amount of $270,027.09. In or about March 2010, agents with authority to bind BSP advised plaintiff, plaintiff says, that BSP was the sole owner of BSPC/A. BSP’s agent further advised plaintiff that BSPC/A was the owner of record of several parcels of property, in and around the original parcel. State Corporation Commission records show that BSPC/A was dissolved as of Dec. 31, 2009, and its assets became the property of BSP. Plaintiff seeks judgment declaring that title to BSPC/A parcels should be modified and reformed in land records, and declaring the Crowder judgment operates as a judgment lien on the parcels. Plaintiff also seeks an order declaring BSPC/A as the alter ego of BSP and piercing the corporate veil, if any, of BSPC/A so that plaintiff, as a judgment creditor of BSP, has a direct lien and claim on the assets of, or formerly of, BSPC/A.
Law firm: LeClairRyan
Filed: 3/15/2012. CL12000800 [private]

Citizens and Farmers Bank v. JZBB LLC; and Brenda B. Brickley; and George R. Brickley II
Plaintiff seeks judgment of $59,720.48, default interest, costs and fees, involving a parcel of real estate at 209-211 W. Broad St.
Law firm: Spotts Fain
Filed: 3/19/2012. CL12000831

Aaron Burnett and Tim Burnett v. D.A. Motorsports Inc.
Plaintiffs say defendant failed to provide #32 race car or back-up car in race-ready mechanical condition to compete in scheduled race events of Aug. 6, 2011, and the twin races of Aug. 13, 2011; that defendant has failed to provide suitable instruction to prepare Aaron for ASE automobile/light truck certification test series and AWS certified welder programs by Dec. 1, 2011, and failed to pay for certification examinations; and that defendant wrongfully withheld and/or charged plaintiffs for race car damage that was not their fault. Each plaintiff seeks $100,000, plus taxable costs.
Law firm: Burnett & Williams
Filed: 3/19/2012. CL12000842

Richmond

Nicole M. Smith v. Deutsche Bank National Trust Co. as trustee for Morgan Stanley ABS Capital Line Trust
Plaintiff seeks declaratory judgment that defendant is not entitled to a home foreclosure sale, and that plaintiff is not responsible for any costs toward foreclosure.
Law firm: The Law Office of Henry McLaughlin
Filed: 3/12/2012. CL12001190

Subarna Rozario v. Chippenham and Johnston-Willis Hospitals Inc.; Johnston-Willis Ltd.; and Karen Shipman
Plaintiff was employed as a medical technician in the emergency room department, and states that on or about March 10, 2011, received word that her parents were in a serious car accident. On or about that day, plaintiff informed defendant Shipman of her need to take time under the Family and Medical Leave Act. Plaintiff says she submitted FMLA paperwork on March 16, and while in the hospital, saw defendant Shipman, who said her FMLA request would likely be denied. On March 17, plaintiff says she was informed she was being terminated due to missing shifts on March 12 and 13. Plaintiff sees compensatory damages of not less than $150,000; re-instatement of her prior position; to be held eligible for re-hire; and for declaration that defendants are liable under the FMLA.
Law firm: Taylor Walker
Filed: 3/13/2012. CL12001194

Sarah E. Gilbert v. Paulson & Nace PLLC; and Barry J. Nace; and Gabriel Assaad
Plaintiff claims breach of contract and professional negligence against defendants relating to their legal representation. Plaintiff and her parents say they communicated with defendant Nace in December 2004 to represent them in a potential medical malpractice suit arising out of surgery performed when the plaintiff was a minor and was left with catastrophic and permanent injuries, including paraplegia. Plaintiff contends the defendant filed the medical malpractice action improperly, and that the statute of limitations expired, and despite the filing of a third lawsuit, that plaintiff has no viable claim or remedy. Plaintiff seeks judgment of $5 million.
Law firm: Cantor Stoneburner Ford Grana & Buckner
Filed: 3/13/2012. CL12001197

Team ACP Construction LLC v. R.E. Lee and Son Inc.; Douglas E. Caton t/a CMS Inc.; Fidelity and Deposit Company of Maryland; and T.J. Wright
Plaintiff seeks damages of $1 million in a breach of contract action for renovation work performed at Newcomb Hall at the University of Virginia.
Filed: 3/13/2012. CL12001199

Henrico

Lee Hy Paving Corp. v. Simons Hauling Co. Inc.; and Fidelity and Deposit Company of Maryland
This action arises out of plaintiff’s construction work at Richmond International Airport. Plaintiff seeks damages as a result of what it says is defendant Simons’ failure to pay in full and on a timely basis for demolition and hauling. Plaintiff seeks judgment in principal amount of $238,368.39 from each defendant.
Law firm: Hirschler Fleischer
Filed: 3/12/2012. CL12000740

BFJ Holdings Inc. d/b/a Capri Jewelers v. Fossil Partners LP d/b/a Michele; and Fossil Inc. d/b/a Michele individually and as general partner of Fossil Partners LP
Plaintiff is a jewelry store and defendant is a national retailer of the Michele brand watch, which has a distinctive strap not intended to be used with other brands. Plaintiff says defendant terminated a sales contract abruptly, causing plaintiff to be left with valueless inventory, and seeks judgment in principal sum of $60,500.
Law firm: Marchant, Thorsen, Honey, Baldwin & Meyer
Filed: 3/12/2012. CL12000752

County of Henrico v. West Broad Village III LLC
Plaintiff seeks judgment in principal amount of $1,002,160.04, plus interest, attorney’s fees of $200,432, plus costs, for what it says is for connection to and use of water and sewer services related to the defendant’s property fronting on 2200 Old Brick Road.
Law firm: Ballato Law Firm
Filed: 3/12/2012. CL12000754

Dabney Properties LLC v. Harrison Creek LLC; and BECO Asset Management; and BECO Construction Inc.
This is a dispute about defendants’ allegations that plaintiff is delinquent in payment to defendants under various leases. Plaintiff, which provides fully furnished corporate apartments, condominiums and townhouses on a short-term basis in the metro area and in Fredericksburg and Charlottesville, states it is not delinquent under any of the leases. Plaintiff seeks a declaration that it is not in default, injunctive relief against defendants to prevent them from calling on the letter of credit, and damages for the causes of action asserted in the suit.
Law firm: McGuire Woods
Filed: 3/13/2012. CL12000770

BFJ Holdings Inc. d/b/a Capri Jewelers v. Charles Krypell Inc.
Plaintiff seeks judgment of not less than $500,000 and claims breach of contract. Plaintiff seeks that after trial, defendant be permanently enjoined and restrained from selling, directly or indirectly, any of its silver or gold product or product lines to any retailer in the Richmond area other than the plaintiff.
Law firm: Marchant, Thorsen, Honey, Baldwin & Meyer
Filed: 3/15/2012. CL12000784

Suntrust Bank v. Rayess One Inc.; and Khaled Rayess
Plaintiff seeks judgment in principal amount of $47,357.56.
Law firm: Wolcott River Gates
Filed: 3/15/2012. CL12000788

Bang-On Donkitphal v. U.S. Bank National Association
Plaintiff seeks declaratory judgment that U.S. Bank of New York is not entitled to a home foreclosure, and that plaintiff is not responsible for any of the costs associated with the foreclosure scheduling, and that defendant is not entitled to add any of such costs to the lien of the deed of trust.
Law firm: The Law Office of Henry McLaughlin
Filed: 3/19/2012. CL12000811 [/private]

Chesterfield

Richard L. Crowder Construction Inc. v. Broad Street Partners Commercial LLP; and BSPC/Americana Park LLC
Defendant Broad Street Partners (BSP) is the owner of record of property at 12103 Jefferson Davis Highway, the site of which was intended to be a real estate development project known as Kaylan Plaza. The plaintiff says BSP was formed to assemble and develop multiple parcels of real estate adjacent to and including the original property. Pursuant to an agreement with BSP, plaintiff constructed the infrastructure. On or about March 26, 2010, the court entered an order granting plaintiff judgment against BSP in the amount of $270,027.09. In or about March 2010, agents with authority to bind BSP advised plaintiff, plaintiff says, that BSP was the sole owner of BSPC/A. BSP’s agent further advised plaintiff that BSPC/A was the owner of record of several parcels of property, in and around the original parcel. State Corporation Commission records show that BSPC/A was dissolved as of Dec. 31, 2009, and its assets became the property of BSP. Plaintiff seeks judgment declaring that title to BSPC/A parcels should be modified and reformed in land records, and declaring the Crowder judgment operates as a judgment lien on the parcels. Plaintiff also seeks an order declaring BSPC/A as the alter ego of BSP and piercing the corporate veil, if any, of BSPC/A so that plaintiff, as a judgment creditor of BSP, has a direct lien and claim on the assets of, or formerly of, BSPC/A.
Law firm: LeClairRyan
Filed: 3/15/2012. CL12000800 [private]

Citizens and Farmers Bank v. JZBB LLC; and Brenda B. Brickley; and George R. Brickley II
Plaintiff seeks judgment of $59,720.48, default interest, costs and fees, involving a parcel of real estate at 209-211 W. Broad St.
Law firm: Spotts Fain
Filed: 3/19/2012. CL12000831

Aaron Burnett and Tim Burnett v. D.A. Motorsports Inc.
Plaintiffs say defendant failed to provide #32 race car or back-up car in race-ready mechanical condition to compete in scheduled race events of Aug. 6, 2011, and the twin races of Aug. 13, 2011; that defendant has failed to provide suitable instruction to prepare Aaron for ASE automobile/light truck certification test series and AWS certified welder programs by Dec. 1, 2011, and failed to pay for certification examinations; and that defendant wrongfully withheld and/or charged plaintiffs for race car damage that was not their fault. Each plaintiff seeks $100,000, plus taxable costs.
Law firm: Burnett & Williams
Filed: 3/19/2012. CL12000842

Richmond

Nicole M. Smith v. Deutsche Bank National Trust Co. as trustee for Morgan Stanley ABS Capital Line Trust
Plaintiff seeks declaratory judgment that defendant is not entitled to a home foreclosure sale, and that plaintiff is not responsible for any costs toward foreclosure.
Law firm: The Law Office of Henry McLaughlin
Filed: 3/12/2012. CL12001190

Subarna Rozario v. Chippenham and Johnston-Willis Hospitals Inc.; Johnston-Willis Ltd.; and Karen Shipman
Plaintiff was employed as a medical technician in the emergency room department, and states that on or about March 10, 2011, received word that her parents were in a serious car accident. On or about that day, plaintiff informed defendant Shipman of her need to take time under the Family and Medical Leave Act. Plaintiff says she submitted FMLA paperwork on March 16, and while in the hospital, saw defendant Shipman, who said her FMLA request would likely be denied. On March 17, plaintiff says she was informed she was being terminated due to missing shifts on March 12 and 13. Plaintiff sees compensatory damages of not less than $150,000; re-instatement of her prior position; to be held eligible for re-hire; and for declaration that defendants are liable under the FMLA.
Law firm: Taylor Walker
Filed: 3/13/2012. CL12001194

Sarah E. Gilbert v. Paulson & Nace PLLC; and Barry J. Nace; and Gabriel Assaad
Plaintiff claims breach of contract and professional negligence against defendants relating to their legal representation. Plaintiff and her parents say they communicated with defendant Nace in December 2004 to represent them in a potential medical malpractice suit arising out of surgery performed when the plaintiff was a minor and was left with catastrophic and permanent injuries, including paraplegia. Plaintiff contends the defendant filed the medical malpractice action improperly, and that the statute of limitations expired, and despite the filing of a third lawsuit, that plaintiff has no viable claim or remedy. Plaintiff seeks judgment of $5 million.
Law firm: Cantor Stoneburner Ford Grana & Buckner
Filed: 3/13/2012. CL12001197

Team ACP Construction LLC v. R.E. Lee and Son Inc.; Douglas E. Caton t/a CMS Inc.; Fidelity and Deposit Company of Maryland; and T.J. Wright
Plaintiff seeks damages of $1 million in a breach of contract action for renovation work performed at Newcomb Hall at the University of Virginia.
Filed: 3/13/2012. CL12001199

Henrico

Lee Hy Paving Corp. v. Simons Hauling Co. Inc.; and Fidelity and Deposit Company of Maryland
This action arises out of plaintiff’s construction work at Richmond International Airport. Plaintiff seeks damages as a result of what it says is defendant Simons’ failure to pay in full and on a timely basis for demolition and hauling. Plaintiff seeks judgment in principal amount of $238,368.39 from each defendant.
Law firm: Hirschler Fleischer
Filed: 3/12/2012. CL12000740

BFJ Holdings Inc. d/b/a Capri Jewelers v. Fossil Partners LP d/b/a Michele; and Fossil Inc. d/b/a Michele individually and as general partner of Fossil Partners LP
Plaintiff is a jewelry store and defendant is a national retailer of the Michele brand watch, which has a distinctive strap not intended to be used with other brands. Plaintiff says defendant terminated a sales contract abruptly, causing plaintiff to be left with valueless inventory, and seeks judgment in principal sum of $60,500.
Law firm: Marchant, Thorsen, Honey, Baldwin & Meyer
Filed: 3/12/2012. CL12000752

County of Henrico v. West Broad Village III LLC
Plaintiff seeks judgment in principal amount of $1,002,160.04, plus interest, attorney’s fees of $200,432, plus costs, for what it says is for connection to and use of water and sewer services related to the defendant’s property fronting on 2200 Old Brick Road.
Law firm: Ballato Law Firm
Filed: 3/12/2012. CL12000754

Dabney Properties LLC v. Harrison Creek LLC; and BECO Asset Management; and BECO Construction Inc.
This is a dispute about defendants’ allegations that plaintiff is delinquent in payment to defendants under various leases. Plaintiff, which provides fully furnished corporate apartments, condominiums and townhouses on a short-term basis in the metro area and in Fredericksburg and Charlottesville, states it is not delinquent under any of the leases. Plaintiff seeks a declaration that it is not in default, injunctive relief against defendants to prevent them from calling on the letter of credit, and damages for the causes of action asserted in the suit.
Law firm: McGuire Woods
Filed: 3/13/2012. CL12000770

BFJ Holdings Inc. d/b/a Capri Jewelers v. Charles Krypell Inc.
Plaintiff seeks judgment of not less than $500,000 and claims breach of contract. Plaintiff seeks that after trial, defendant be permanently enjoined and restrained from selling, directly or indirectly, any of its silver or gold product or product lines to any retailer in the Richmond area other than the plaintiff.
Law firm: Marchant, Thorsen, Honey, Baldwin & Meyer
Filed: 3/15/2012. CL12000784

Suntrust Bank v. Rayess One Inc.; and Khaled Rayess
Plaintiff seeks judgment in principal amount of $47,357.56.
Law firm: Wolcott River Gates
Filed: 3/15/2012. CL12000788

Bang-On Donkitphal v. U.S. Bank National Association
Plaintiff seeks declaratory judgment that U.S. Bank of New York is not entitled to a home foreclosure, and that plaintiff is not responsible for any of the costs associated with the foreclosure scheduling, and that defendant is not entitled to add any of such costs to the lien of the deed of trust.
Law firm: The Law Office of Henry McLaughlin
Filed: 3/19/2012. CL12000811 [/private]

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