The Docket: Local court roundup for 8.30.12


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Richmond

Dawn Robinson v. Michaels Textile Co. Inc.
Plaintiff says she worked as a bookkeeper or controller for defendant until her discharge on or about April 16, 2012. During her employment, plaintiff says Joel Lessem, president, directed her to make entries into the financial records that were inaccurate and that were intended to support the submission of inaccurate information to the outside payroll service, the outside CPA and government tax authorities. Plaintiff says on or about April 12, 2012, she was terminated because of her refusal to engage in criminal activity. Plaintiff alleges wrongful discharge and seeks reinstatement to the position; compensatory damages of $300,000; punitive damages of $350,000, and other relief.
Law firm: David R. Simonsen Jr.
Filed: 8/22/2012. CL12003635[private]

Emily M. Roberts v. The Kroger Co.; Kroger Limited Partnership I d/b/a Kroger Supermarket K029
Plaintiff says on or about Dec. 13, 2010, at the supermarket on Mechanicsville Turnpike, she slipped and fell on ice outside and was injured. Plaintiff seeks judgment in principal sum of $100,000.
Law firm: B.I.G. Legal Services PLLC
Filed: 8/22/2012. CL12003637

U.S. Bank N.A. v. Starbury GSA VI LLC; Stephon X. Marbury; Starbury GSA LLC; Capital Asset Advisors Inc.; and CAA Management II LLC
Plaintiff says defendant Marbury, the former NBA and Georgia Institute of Technology basketball player, purchased a portfolio of properties throughout the country. The properties consisted of commercial office buildings that were leased to various United States government agencies through U.S. General Services Administration leases. Plaintiff contends owners of GSA VI are Marbury and Starbury, and the managers of GSA VI are Marbury and CAA Management II, while Capital Asset Advisors served as advisor to GSA VI and assisted in management of property. Plaintiff says defendant GSA VI defaulted on loans, entered into contracts with affiliates, commingled funds and other assets, and made loans or advances to third parties, including affiliates, on a property in Petersburg. Plaintiff alleges breach of contract and civil conspiracy and seeks judgment in principal sum of no less than $1,447,536.72.
Law firm: LeClairRyan
Filed: 8/22/2012. CL12003648

The Lamar Co. LLC v. PMC/Seaboard LLC
The dispute centers around two billboards currently located at 3714 W. Broad St., at the intersection of West Broad and Hamilton streets. Plaintiff seeks declaratory judgment that plaintiff is the true owner of the billboards; that plaintiff be granted access to PMC’s property for the removal of billboards; and to prohibit defendant from using the billboards for any purpose or to take any action that disturbs, removes and/or damages billboards.
Law firm: LeClairRyan
Filed: 8/23/2012. CL12003658

Spotts Fain PC v. Perkinson Construction LLC; Mark Perkinson; and Terri Perkinson
Plaintiff says defendant has an outstanding balance and seeks judgment in principal sum of $50,319.73.
Law firm: Spotts Fain
Filed: 8/24/2012. CL12003707

Riverside Brick & Supply Co. Inc. v. Trimason Concrete Services Inc. a/k/a Trimason Inc.; and Charles Stephen Tyson
Plaintiff says it is owed a balance of $27,301.55, and seeks judgment in that amount.
Law firm: Lafayette, Ayers & Whitlock
Filed: 8/24/2012. CL12003708

Ewing Bemiss & Co. v. Colenergic LLC
Plaintiff says it provided financial advisory and investment banking services to defendant, and that defendant has a balance due of $90,000 for services and $12,636.20 for reimbursable expenses. Plaintiff seeks judgment in principal sum of $102,636.20.
Law firm: Harman, Claytor, Corrigan & Wellman
Filed: 8/24/2012. CL12003709

Stephanie Lynn Houck v. Garda CL Atlantic Inc.; and Roderick Latimer Young
Plaintiff says that on or about Nov. 30, 2011, defendant Young was recklessly and negligently operating a vehicle as an agent of Garda, and that she was seriously injured in a crash. Plaintiff seeks judgment in principal sum of $26,875,453.80.
Law firm: Brain Injury Law Center
Filed: 8/24/2012. CL12003711

Commercial Equity Fund XIII LP v. The Hanson Co. LLC
Plaintiff says defendant, a real estate development company, presented itself as “having significant experience with tax credit syndications and performing construction, rehabilitation, and adaptive reuses in accordance with standards.” But ultimately the projects didn’t qualify as certified rehabilitations and were not eligible for the tax credit for historic preservation. Plaintiff says defendant has not satisfied its obligation to reimburse plaintiff the undelivered credits. Plaintiff seeks judgment in the amount of $223,487.81, or alternatively, $200,000.85 plus any interest payments and penalty charges imposed by the IRS on plaintiff as the limited partner, among other relief.
Law firm: Womble Carlyle Sandridge & Rice
Filed: 8/24/2012. CL12003712

Jacob Huffman, a minor, by his father and next friend Michael C. Huffman v. Barnes & Noble Inc.; and Barnes & Noble Booksellers Inc.
Plaintiff says that 2-year-old Jacob, while shopping in the store at 1200 Huguenot Road, Midlothian, on Dec. 13, 2006, with his mother, proceeded down an aisle where employees had placed benches with sharp corners. Plaintiff says Jacob tripped and fell against the sharp edge, severely cutting and injuring his head. Plaintiff seeks judgment in principal sum of $75,000.
Law firm: MeyerGoergen
Filed: 8/27/2012. CL12003734

Henrico

Rex Swift v. Old Dominion 4 Wheel Drive Club Inc.; M.L. Duncan Jr.; and Bobby Lee Duncan
Plaintiff says that on or about Sept. 25, 2010, he was injured while a spectator at an event hosted by defendants. Plaintiff says defendants negligently maintained and operated the off-road motor sports park in Cumberland County, and failed to have adequate spectator setback from the rail to provide protection from flying debris. Plaintiff seeks judgment in principal sum of $150,000.
Law firm: Emroch & Kilduff
Filed: 8/14/2012. CL12002322

SunTrust Mortage Inc. v. RFW Financial Corp. d/b/a Center State Mortgage
Plaintiff alleges breach of indemnification process and seeks judgment in principal sum of $559,180.76.
Law firm: Wolfe & Wyman
Filed: 8/23/2012. CL12002406

BMG Metals Inc. v. East Coast Fabricators Inc.; and Howard H. McGrath
Plaintiff says it provided a line of credit to defendant, and defendant is in default. Plaintiff seeks judgment in principal sum of $133,308.54.
Law firm: Spotts Fain
Filed: 8/24/2012. CL12002427

Chesterfield

Patrick D. Vinson v. Fun 4 Kids Inc.
This is a garnishment summons of $174,181.08.
Law firm: Odin Feldman Pittleman
Filed: 8/21/2012. CL12002521

Childish Creations Inc. v. Fun 4 Kids Inc.
This is a garnishment summons of $245,206.22.
Law firm: Odin Feldman Pittleman
Filed: 8/21/2012. CL12002522

Virginia Commonwealth Bank v. Tailored Data Solutions Ltd.; Kevin D. Moore; and D. Robin Moore
Plaintiff says defendants are in default on a note and seeks judgment in principal sum of $165,506.79.
Law firm: Spotts Fain
Filed: 8/22/2012 L12002545

Ann E. Gresham v. Peace College Inc. d/b/a William Peace University
Plaintiff is a 1952 graduate of Peace and says she has remained active through service on its Board of Trustees and in alumnae functions and affairs. Plaintiff says Peace offered to build an alumnae house with amounts provided by plaintiff. In June 1986 she gave $51,000; in June 1988, $20,000; and in 1986 she also provided tangibles and furniture appraised at that time for $34,040. Plaintiff says for 25 years Peace has refused to comply with its promise to construct an alumnae house. Plaintiff says Peace maintained plaintiff’s provided amounts and tangibles in an endowment fund which had grown to $412,028 as of June 30, 2009, and has failed to provide a proper accounting of such fund, its administration and use. Plaintiff says Peace has refused to return the contributed amounts. Plaintiff seeks an order directing Peace to make and file with the court an approximate accounting for its management of the fund assets and property provided by plaintiff.
Law firm: Bowles Affiliates
Filed: 8/23/2012. CL12002560

World Media Enterprises Inc. d/b/a Richmond Times-Dispatch v. Friedman & MacFadyen PC
Plaintiff says on or about June 22, 2010, through on or about May 31, 2012, the Times-Dispatch, at the request of defendant, ran legal notices for trustee foreclosure sales. Plaintiff says a balance of $60,347.20 remains due and seeks judgment in that amount.
Law firm: David H. Gouger
Filed: 8/24/2012. CL12002565[/private]


BizSense has just launched the Docket Delivered, a service that emails copies specific cases to you. If you need a case, please email
[email protected]

Richmond

Dawn Robinson v. Michaels Textile Co. Inc.
Plaintiff says she worked as a bookkeeper or controller for defendant until her discharge on or about April 16, 2012. During her employment, plaintiff says Joel Lessem, president, directed her to make entries into the financial records that were inaccurate and that were intended to support the submission of inaccurate information to the outside payroll service, the outside CPA and government tax authorities. Plaintiff says on or about April 12, 2012, she was terminated because of her refusal to engage in criminal activity. Plaintiff alleges wrongful discharge and seeks reinstatement to the position; compensatory damages of $300,000; punitive damages of $350,000, and other relief.
Law firm: David R. Simonsen Jr.
Filed: 8/22/2012. CL12003635[private]

Emily M. Roberts v. The Kroger Co.; Kroger Limited Partnership I d/b/a Kroger Supermarket K029
Plaintiff says on or about Dec. 13, 2010, at the supermarket on Mechanicsville Turnpike, she slipped and fell on ice outside and was injured. Plaintiff seeks judgment in principal sum of $100,000.
Law firm: B.I.G. Legal Services PLLC
Filed: 8/22/2012. CL12003637

U.S. Bank N.A. v. Starbury GSA VI LLC; Stephon X. Marbury; Starbury GSA LLC; Capital Asset Advisors Inc.; and CAA Management II LLC
Plaintiff says defendant Marbury, the former NBA and Georgia Institute of Technology basketball player, purchased a portfolio of properties throughout the country. The properties consisted of commercial office buildings that were leased to various United States government agencies through U.S. General Services Administration leases. Plaintiff contends owners of GSA VI are Marbury and Starbury, and the managers of GSA VI are Marbury and CAA Management II, while Capital Asset Advisors served as advisor to GSA VI and assisted in management of property. Plaintiff says defendant GSA VI defaulted on loans, entered into contracts with affiliates, commingled funds and other assets, and made loans or advances to third parties, including affiliates, on a property in Petersburg. Plaintiff alleges breach of contract and civil conspiracy and seeks judgment in principal sum of no less than $1,447,536.72.
Law firm: LeClairRyan
Filed: 8/22/2012. CL12003648

The Lamar Co. LLC v. PMC/Seaboard LLC
The dispute centers around two billboards currently located at 3714 W. Broad St., at the intersection of West Broad and Hamilton streets. Plaintiff seeks declaratory judgment that plaintiff is the true owner of the billboards; that plaintiff be granted access to PMC’s property for the removal of billboards; and to prohibit defendant from using the billboards for any purpose or to take any action that disturbs, removes and/or damages billboards.
Law firm: LeClairRyan
Filed: 8/23/2012. CL12003658

Spotts Fain PC v. Perkinson Construction LLC; Mark Perkinson; and Terri Perkinson
Plaintiff says defendant has an outstanding balance and seeks judgment in principal sum of $50,319.73.
Law firm: Spotts Fain
Filed: 8/24/2012. CL12003707

Riverside Brick & Supply Co. Inc. v. Trimason Concrete Services Inc. a/k/a Trimason Inc.; and Charles Stephen Tyson
Plaintiff says it is owed a balance of $27,301.55, and seeks judgment in that amount.
Law firm: Lafayette, Ayers & Whitlock
Filed: 8/24/2012. CL12003708

Ewing Bemiss & Co. v. Colenergic LLC
Plaintiff says it provided financial advisory and investment banking services to defendant, and that defendant has a balance due of $90,000 for services and $12,636.20 for reimbursable expenses. Plaintiff seeks judgment in principal sum of $102,636.20.
Law firm: Harman, Claytor, Corrigan & Wellman
Filed: 8/24/2012. CL12003709

Stephanie Lynn Houck v. Garda CL Atlantic Inc.; and Roderick Latimer Young
Plaintiff says that on or about Nov. 30, 2011, defendant Young was recklessly and negligently operating a vehicle as an agent of Garda, and that she was seriously injured in a crash. Plaintiff seeks judgment in principal sum of $26,875,453.80.
Law firm: Brain Injury Law Center
Filed: 8/24/2012. CL12003711

Commercial Equity Fund XIII LP v. The Hanson Co. LLC
Plaintiff says defendant, a real estate development company, presented itself as “having significant experience with tax credit syndications and performing construction, rehabilitation, and adaptive reuses in accordance with standards.” But ultimately the projects didn’t qualify as certified rehabilitations and were not eligible for the tax credit for historic preservation. Plaintiff says defendant has not satisfied its obligation to reimburse plaintiff the undelivered credits. Plaintiff seeks judgment in the amount of $223,487.81, or alternatively, $200,000.85 plus any interest payments and penalty charges imposed by the IRS on plaintiff as the limited partner, among other relief.
Law firm: Womble Carlyle Sandridge & Rice
Filed: 8/24/2012. CL12003712

Jacob Huffman, a minor, by his father and next friend Michael C. Huffman v. Barnes & Noble Inc.; and Barnes & Noble Booksellers Inc.
Plaintiff says that 2-year-old Jacob, while shopping in the store at 1200 Huguenot Road, Midlothian, on Dec. 13, 2006, with his mother, proceeded down an aisle where employees had placed benches with sharp corners. Plaintiff says Jacob tripped and fell against the sharp edge, severely cutting and injuring his head. Plaintiff seeks judgment in principal sum of $75,000.
Law firm: MeyerGoergen
Filed: 8/27/2012. CL12003734

Henrico

Rex Swift v. Old Dominion 4 Wheel Drive Club Inc.; M.L. Duncan Jr.; and Bobby Lee Duncan
Plaintiff says that on or about Sept. 25, 2010, he was injured while a spectator at an event hosted by defendants. Plaintiff says defendants negligently maintained and operated the off-road motor sports park in Cumberland County, and failed to have adequate spectator setback from the rail to provide protection from flying debris. Plaintiff seeks judgment in principal sum of $150,000.
Law firm: Emroch & Kilduff
Filed: 8/14/2012. CL12002322

SunTrust Mortage Inc. v. RFW Financial Corp. d/b/a Center State Mortgage
Plaintiff alleges breach of indemnification process and seeks judgment in principal sum of $559,180.76.
Law firm: Wolfe & Wyman
Filed: 8/23/2012. CL12002406

BMG Metals Inc. v. East Coast Fabricators Inc.; and Howard H. McGrath
Plaintiff says it provided a line of credit to defendant, and defendant is in default. Plaintiff seeks judgment in principal sum of $133,308.54.
Law firm: Spotts Fain
Filed: 8/24/2012. CL12002427

Chesterfield

Patrick D. Vinson v. Fun 4 Kids Inc.
This is a garnishment summons of $174,181.08.
Law firm: Odin Feldman Pittleman
Filed: 8/21/2012. CL12002521

Childish Creations Inc. v. Fun 4 Kids Inc.
This is a garnishment summons of $245,206.22.
Law firm: Odin Feldman Pittleman
Filed: 8/21/2012. CL12002522

Virginia Commonwealth Bank v. Tailored Data Solutions Ltd.; Kevin D. Moore; and D. Robin Moore
Plaintiff says defendants are in default on a note and seeks judgment in principal sum of $165,506.79.
Law firm: Spotts Fain
Filed: 8/22/2012 L12002545

Ann E. Gresham v. Peace College Inc. d/b/a William Peace University
Plaintiff is a 1952 graduate of Peace and says she has remained active through service on its Board of Trustees and in alumnae functions and affairs. Plaintiff says Peace offered to build an alumnae house with amounts provided by plaintiff. In June 1986 she gave $51,000; in June 1988, $20,000; and in 1986 she also provided tangibles and furniture appraised at that time for $34,040. Plaintiff says for 25 years Peace has refused to comply with its promise to construct an alumnae house. Plaintiff says Peace maintained plaintiff’s provided amounts and tangibles in an endowment fund which had grown to $412,028 as of June 30, 2009, and has failed to provide a proper accounting of such fund, its administration and use. Plaintiff says Peace has refused to return the contributed amounts. Plaintiff seeks an order directing Peace to make and file with the court an approximate accounting for its management of the fund assets and property provided by plaintiff.
Law firm: Bowles Affiliates
Filed: 8/23/2012. CL12002560

World Media Enterprises Inc. d/b/a Richmond Times-Dispatch v. Friedman & MacFadyen PC
Plaintiff says on or about June 22, 2010, through on or about May 31, 2012, the Times-Dispatch, at the request of defendant, ran legal notices for trustee foreclosure sales. Plaintiff says a balance of $60,347.20 remains due and seeks judgment in that amount.
Law firm: David H. Gouger
Filed: 8/24/2012. CL12002565[/private]

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