The Docket: Court Roundup for 4.12.12

Richmond

The Patina Group LLC v. Cephas Industries Inc.; and Morris Cephas
This is a confessed judgment in the principal amount of $50,000.
Filed: 3/21/2012. CL12001353

States Resources Corp. v. Performance Excavators Inc.; and Thomas J. Liesfeld II
This is a confessed judgment in the principal amount of $72,173.14.
Filed: 3/28/2012. CL12001453 [private]

Leanne Lane, executor of the estate of Ann Marie Lane, deceased v. Manor Care-Imperial of Richmond, Va. LLC t/a Manorcare Health Services-Imperial; and Iraj Mirshahi
Plaintiff alleges negligent care in the treatment of fractures and diarrhea, resulting in the death of decedent on April 2, 2010. Plaintiff seeks judgment of $4 million, plus interest and costs.
Law firm: Robert W. Carter Jr.
Filed: 3/30/2012. CL12001502

SunTrust Bank v. Evisory Inc.; and Joseph D. Elam; and Bobbi Elam
Plaintiff seeks judgment in principal amount of $68,338.11.
Law firm: Wolcott Rivers Gates
Filed: 4/2/2012. CL12001517

Philadelphia Indemnity Insurance Co. a/s/o The American Lung Association of the Atlantic Coast v. Richmond Sprinkler Corp.
Plaintiff alleges that on Jan. 17, 2009, a sprinkler head located in the upper attic area ruptured, caused the two-story building at 9221 Forest Hill Drive to be flooded with water, and that because of conduct and omissions of the defendant, plaintiff suffered extensive property damage. Plaintiff seeks $1.5 million, interest, costs and fees.
Law firm: Kopstein & Associates
Filed: 4/2/2012. CL12001519

Christina Pilgrim v. Hadad’s Lake Inc.; and Ronald Hadad, individually and d/b/a Hadad’s Lake Inc.; and Elma Hadad, individually and d/b/a Hadad’s Lake Inc.
Plaintiff says that on or about May 29, 2011, an employee of defendant instructed plaintiff to sit on the edge of the moon bounce, and at the same time, another employee jumped onto the “blob” and/or “moon bounce,” causing plaintiff to be thrown into the air and then violently strike the water. Plaintiff seeks judgment in principal amount of $100,000.
Law firm: Tronfeld West & Durrett
Filed: 4/2/2012. CL12001521

Alliance Imaging v. Karen Remley, M.D., MBA, FAAP, State Health Commissioner; and Diagnostic Laboratories LLC
Plaintiff says it is holder of multiple Certificates of Public Need (COPNs) issued by Remley for mobile units to provide medical services, including mobile Positron Emission Tomography/Computerized Tomography (PET/CT) and mobile Magnetic Resonance Imaging (MRI) services in Virginia. Plaintiff says Diagnostic Laboratories has never operated or obtained a COPN to operate mobile units for medical services in Virginia. In May 2011, Diagnostics filed an application for a COPN to operate a mobile PET/CT unit to provide imaging services at various hospitals. Plaintiff says Remley, in her capacity as State Health Commissioner, in a Feb. 2, 2012, letter to Diagnostics, denominated a “case decision” and in which she found that providers of mobile services are no longer required to obtain a COPN to provide mobile medical services in Virginia. Plaintiff seeks an order to reverse the commissioner’s letter and to declare that Remley exceeded her authority, abused her discretion and acted arbitrarily and capriciously, and also seeks the award of costs and other fees.
Law firm: Reed Smith
Filed: 4/2/2012. CL12001531

Partheon Inc.; Bedros Bandazian; and Richard C. Holden v. Commonwealth of Virginia; and The Village Bank
Plaintiff states that on or about Jan. 12, 2012, the Department of Taxation wrongfully and illegally issued a notice of tax lien and demand for payment against the account of Partheon at Village Bank for $2,664.95, and attached the account in the amount of $3,083.77, and that the bank illegally paid the attachments in the sum of $5,747.72. Plaintiffs say that they are not liable for the taxes owed by 3 Little Birds LLC and seek an order enjoining the department from further attached funds, judgment of $16,363.54, interest and costs.
Law firm: Robert B. Brown
Filed: 4/4/2012. CL12001550

Erie Insurance Co. a/s/o Mayra Pritchard v. Atlas Roofing Systems Inc.
Pritchard had a policy insuring her property at Heritage Garden Apartments d/b/a Parkside Apartments in Hopewell. Erie says it made payments to Pritchard under the policy in excess of $21,700 for damages sustained as a result of fire on or about the property on or about Feb. 8, 2009. Plaintiff alleges defendant, which was engaged to perform roofing work at the property, stored two propane tanks under a wooden stairwell, and a fire originated that damaged and destroyed Pritchard’s property. Plaintiff, as subrogee of Pritchard, seeks damages in principal amount of $50,000.
Law firm: Harman Claytor Corrigan & Wellman
Filed: 4/5/2012. CL12001587

One Beacon Midwest Insurance Co. a/s/o Heritage Garden Apartments LLC d/b/a Parkside Apartments v. Atlas Roofing Systems Inc.
Plaintiff says that under a policy it made payments to Heritage in excess of $996,000 for damages sustained as a result of a fire that occurred on or about Feb. 8, 2009, and is subrogated to the rights of its insured, and now seeks recovery of said payments. Plaintiff alleges the fire, in Hopewell, occurred because defendant stored propane tanks under a wooden stairwell, and because of various breaches, seeks judgment in principal amount of $1.5 million.
Law firm: Harman Claytor Corrigan & Wellman
Filed: 4/5/2012. CL12001588

Chesterfield

22nd Century Services Inc. v. Swift Transportation Co. Inc.
Plaintiff refers to a longtime contract with defendant under which plaintiff acted as a broker in obtaining customers for whom defendant would transport their goods. Part of this contract prohibited Swift from soliciting business from customers who were brought to Swift by 22nd Century. If Swift engaged in such “back soliciting,” it agreed to pay 22nd Century 15% of the revenue generated by that account for 12 months, plaintiff states. Plaintiff alleges defendant entered into a direct shipping contract with Graphic Packaging, and requests the court enter an order holding defendant liable for breach of contract, granting it judgment again defendant in an amount equal to 15% of all revenue generated as a result of Swift’s contracts with Graphics Packaging, plus costs and fees.
Law firm: DurretteCrump
Filed: 4/10/2012. CL12000952

Henrico

Kharirailah S. Houmadi v. U.S. Bank National Association
Plaintiff seeks a declaratory judgment that defendant is not entitled to a foreclosure sale, that plaintiff is not responsible toward any costs toward foreclosure, and that defendant is not entitled to add any such costs to the note or lien of trust.
Law firm: The Law Office of Henry McLaughlin
Filed: 4/5/2012. CL12001003

Copies of specific cases are available for an extra charge of $30. Please email Editor (at) richmondbizsense.com to inquire about that service. 

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Richmond

The Patina Group LLC v. Cephas Industries Inc.; and Morris Cephas
This is a confessed judgment in the principal amount of $50,000.
Filed: 3/21/2012. CL12001353

States Resources Corp. v. Performance Excavators Inc.; and Thomas J. Liesfeld II
This is a confessed judgment in the principal amount of $72,173.14.
Filed: 3/28/2012. CL12001453 [private]

Leanne Lane, executor of the estate of Ann Marie Lane, deceased v. Manor Care-Imperial of Richmond, Va. LLC t/a Manorcare Health Services-Imperial; and Iraj Mirshahi
Plaintiff alleges negligent care in the treatment of fractures and diarrhea, resulting in the death of decedent on April 2, 2010. Plaintiff seeks judgment of $4 million, plus interest and costs.
Law firm: Robert W. Carter Jr.
Filed: 3/30/2012. CL12001502

SunTrust Bank v. Evisory Inc.; and Joseph D. Elam; and Bobbi Elam
Plaintiff seeks judgment in principal amount of $68,338.11.
Law firm: Wolcott Rivers Gates
Filed: 4/2/2012. CL12001517

Philadelphia Indemnity Insurance Co. a/s/o The American Lung Association of the Atlantic Coast v. Richmond Sprinkler Corp.
Plaintiff alleges that on Jan. 17, 2009, a sprinkler head located in the upper attic area ruptured, caused the two-story building at 9221 Forest Hill Drive to be flooded with water, and that because of conduct and omissions of the defendant, plaintiff suffered extensive property damage. Plaintiff seeks $1.5 million, interest, costs and fees.
Law firm: Kopstein & Associates
Filed: 4/2/2012. CL12001519

Christina Pilgrim v. Hadad’s Lake Inc.; and Ronald Hadad, individually and d/b/a Hadad’s Lake Inc.; and Elma Hadad, individually and d/b/a Hadad’s Lake Inc.
Plaintiff says that on or about May 29, 2011, an employee of defendant instructed plaintiff to sit on the edge of the moon bounce, and at the same time, another employee jumped onto the “blob” and/or “moon bounce,” causing plaintiff to be thrown into the air and then violently strike the water. Plaintiff seeks judgment in principal amount of $100,000.
Law firm: Tronfeld West & Durrett
Filed: 4/2/2012. CL12001521

Alliance Imaging v. Karen Remley, M.D., MBA, FAAP, State Health Commissioner; and Diagnostic Laboratories LLC
Plaintiff says it is holder of multiple Certificates of Public Need (COPNs) issued by Remley for mobile units to provide medical services, including mobile Positron Emission Tomography/Computerized Tomography (PET/CT) and mobile Magnetic Resonance Imaging (MRI) services in Virginia. Plaintiff says Diagnostic Laboratories has never operated or obtained a COPN to operate mobile units for medical services in Virginia. In May 2011, Diagnostics filed an application for a COPN to operate a mobile PET/CT unit to provide imaging services at various hospitals. Plaintiff says Remley, in her capacity as State Health Commissioner, in a Feb. 2, 2012, letter to Diagnostics, denominated a “case decision” and in which she found that providers of mobile services are no longer required to obtain a COPN to provide mobile medical services in Virginia. Plaintiff seeks an order to reverse the commissioner’s letter and to declare that Remley exceeded her authority, abused her discretion and acted arbitrarily and capriciously, and also seeks the award of costs and other fees.
Law firm: Reed Smith
Filed: 4/2/2012. CL12001531

Partheon Inc.; Bedros Bandazian; and Richard C. Holden v. Commonwealth of Virginia; and The Village Bank
Plaintiff states that on or about Jan. 12, 2012, the Department of Taxation wrongfully and illegally issued a notice of tax lien and demand for payment against the account of Partheon at Village Bank for $2,664.95, and attached the account in the amount of $3,083.77, and that the bank illegally paid the attachments in the sum of $5,747.72. Plaintiffs say that they are not liable for the taxes owed by 3 Little Birds LLC and seek an order enjoining the department from further attached funds, judgment of $16,363.54, interest and costs.
Law firm: Robert B. Brown
Filed: 4/4/2012. CL12001550

Erie Insurance Co. a/s/o Mayra Pritchard v. Atlas Roofing Systems Inc.
Pritchard had a policy insuring her property at Heritage Garden Apartments d/b/a Parkside Apartments in Hopewell. Erie says it made payments to Pritchard under the policy in excess of $21,700 for damages sustained as a result of fire on or about the property on or about Feb. 8, 2009. Plaintiff alleges defendant, which was engaged to perform roofing work at the property, stored two propane tanks under a wooden stairwell, and a fire originated that damaged and destroyed Pritchard’s property. Plaintiff, as subrogee of Pritchard, seeks damages in principal amount of $50,000.
Law firm: Harman Claytor Corrigan & Wellman
Filed: 4/5/2012. CL12001587

One Beacon Midwest Insurance Co. a/s/o Heritage Garden Apartments LLC d/b/a Parkside Apartments v. Atlas Roofing Systems Inc.
Plaintiff says that under a policy it made payments to Heritage in excess of $996,000 for damages sustained as a result of a fire that occurred on or about Feb. 8, 2009, and is subrogated to the rights of its insured, and now seeks recovery of said payments. Plaintiff alleges the fire, in Hopewell, occurred because defendant stored propane tanks under a wooden stairwell, and because of various breaches, seeks judgment in principal amount of $1.5 million.
Law firm: Harman Claytor Corrigan & Wellman
Filed: 4/5/2012. CL12001588

Chesterfield

22nd Century Services Inc. v. Swift Transportation Co. Inc.
Plaintiff refers to a longtime contract with defendant under which plaintiff acted as a broker in obtaining customers for whom defendant would transport their goods. Part of this contract prohibited Swift from soliciting business from customers who were brought to Swift by 22nd Century. If Swift engaged in such “back soliciting,” it agreed to pay 22nd Century 15% of the revenue generated by that account for 12 months, plaintiff states. Plaintiff alleges defendant entered into a direct shipping contract with Graphic Packaging, and requests the court enter an order holding defendant liable for breach of contract, granting it judgment again defendant in an amount equal to 15% of all revenue generated as a result of Swift’s contracts with Graphics Packaging, plus costs and fees.
Law firm: DurretteCrump
Filed: 4/10/2012. CL12000952

Henrico

Kharirailah S. Houmadi v. U.S. Bank National Association
Plaintiff seeks a declaratory judgment that defendant is not entitled to a foreclosure sale, that plaintiff is not responsible toward any costs toward foreclosure, and that defendant is not entitled to add any such costs to the note or lien of trust.
Law firm: The Law Office of Henry McLaughlin
Filed: 4/5/2012. CL12001003

Copies of specific cases are available for an extra charge of $30. Please email Editor (at) richmondbizsense.com to inquire about that service. 

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