The Docket: Court roundup for 4.17.14

Richmond Circuit Court

Commonwealth of Virginia, ex. rel. Mark R. Herring, attorney general, and David A. Von Mole, state comptroller v. ProNurses, Inc.; Valerie Bester; and Tangerine Hope
Plaintiff alleges that ProNurses, which provided medical personnel on a temporary basis to state entities and subdivisions, engaged in a number of violations of the Virginia Fraud Against Taxpayers Act, including inflating its invoices and knowingly reporting that ProNurses billed the Commonwealth at hourly bill rates that were lower than the actual hourly bill rates it invoiced, decreasing the obligation to pay fees. Plaintiff seeks damages of $9,073,820.17, which includes civil penalties.
Filed: 4/8/2014. CL14001692

James E. Lavender Jr. v. Kinloch Nelson, M.D. and Virginia Urology Center, P.C.
Plaintiff alleges defendant was negligent in a laparoscopic robotic-assisted radical prostatectomy, and says during the procedure, defendant caused two punctures to his small bowel, only one of which was identified and repaired. Six days later, he says he had to undergo a resection of his perforated small bowel, and the next month, another surgery. Plaintiff seeks judgment in principal sum of $3.5 million.
Law firm: Andrew S. Herzog of Parcell & Webb
Filed: 4/9/2014. CL14001698[private]

ADI, a division of Honeywell International, Inc. v. Provada Systems, LLC f/d/b/a Premiere Theater & Automation, LLC and Robert Dillow
Plaintiff says defendant has failed to pay for products and services and seeks judgment in principal sum of $16,633.80.
Law firm: Ronald William Stern
Filed: 4/9/2014. CL14001700

Heather Bardoza v. Jupiter Communities, LLC
Plaintiff says defendant owned/operated Oyster Point Place Apartments in Newport News, and because of defendant’s negligence, she was caused to fall into a drainage culvert while walking from a parked vehicle to her apartment. Plaintiff seeks judgment in principal sum of $375,000.
Law firm: Scott D. Fitzgerald of Allen, Allen, Allen & Allen
Filed: 4/10/2014. CL14001711

Shelia D. Sowell and Donald Sowell v. Heartwood Rebuilders Services, Inc.
Plaintiff says defendant did not complete home repairs in a satisfactory and workmanlike manner and seeks judgment in principal sum of $25,000.
Pro se
Filed: 4/14/2014. CL14001750

Adrienne Vaughan v. Capitol Financial Solutions, LLC and Lamar Lockhart
Plaintiff says that about 2 months after she began working as a marketing representative, Lockhart began an unrelenting romantic pursuit despite her consistently and continually rebuffing his advances for a year. After he relented, plaintiff says, her compensation was reduced and when she complained, it stopped and her employment was terminated. Plaintiff alleges a hostile work environment, unlawful retaliation and breach of contract and seeks damages of $300,000, among other relief.
Law firm: Blackwell N. Shelley Jr., Tim Schulte and Lauren Fisher of Shelley & Schulte
Filed: 4/14/2014. CL14001751

Henrico Circuit Court

Old Towne Retail Investment LLC v. Fathom Y, LLC; Shawn S. Siu; and Ming L. Siu
Plaintiff says defendant leased property for a restaurant in the Olde Towne Shopping Center, 7801 W. Broad St., and is in default. Plaintiff seeks judgment in principal sum of $99,582.55.
Law firm: Mitchell B. Weitzman of Jackson & Campbell
Filed: 4/7/2014. CL14000881

TLE at Glen Allen, LLC and Fun N’ Learn, LLC v. BTR TLE I, LLC; Minnieland Private Day School, Inc.; and 4683 Pouncey Tract, LLC
Plaintiff operates a child-care facility at 4683 Pouncey Tract Road and says BTR is the owner of the premises. Plaintiff says its lease precluded the building, leasing or sale to a competing child-care business within a 2-mile radius, but that BTR sold property at 3450 Lauderdale Road to Minnieland, a competitor, and also provided confidential information about plaintiff’s business to Minnieland. Plaintiff seeks damages of $650,000 and injunctive relief to have defendants unwind the sale and force Minnieland to cease operation.
Law firm: John L. Walker III, W. Alexander Burnett and Andrew O. Mathews of WilliamsMullen
Filed: 4/8/2014. CL14000895

Standout Consulting, LLC v. The Center for Counseling and Community Affairs, LLC and Civitas Health Services, Inc.
Plaintiff says it provided initial investing to defendants, but defendants have failed to pay a monthly return payment. Plaintiff says defendants continue to generate revenue by operating the entrepreneurial business it financed, and seeks judgment in principal sum of $49,835.50.
Law firm: Tucker L. Henley of Blackburn, Conte, Schilling & Click
Filed: 4/8/2014. CL14000896

Jimmy Pratt and Westlake Residential Facility, Ltd v. Abby & Antonio, Inc.; Acclaim Care; Acclaim Care Respite Service, Inc.; James Bennett, individually and as owner of Acclaim Care, Inc. and Acclaim Care Respite Service, Inc. and by his ownership in Abby & Antonio, Inc.; Abby Dixon, individually and as owner of Abby & Antonio, Inc. and by her ownership interest in Acclaim Care, Inc. and Acclaim Care Respite Service, Inc.; and Antonio Allen, individually and as owner of Abby & Antonio, Inc. and by his ownership interest in Acclaim Care, Inc. and Acclaim Care Respite Service, Inc.
Plaintiff says he entered into an agreement drafted by Bennett for dissolution of plaintiff’s business, and to merge the ownership of Westlake and the care of its residents with Acclaim Care for the sum of $175,000 plus an additional $25,000 as a result of a matter with the IRS. Plaintiff says defendant has failed to pay and alleges unjust enrichment. He seeks judgment in principal sum of $200,000.
Law firm: Charlotte Peoples Hodges of B.I.G. Legal Services
Filed: 4/8/2014. CL14000906

Chesterfield Circuit Court

Melissa Cardwell v. Southside Electric Cooperative
Plaintiff says she and her family continue to be at risk in their home from dangerous electrical surges and explosions and that defendant has negligently installed subpar equipment to plaintiff’s home and neighborhood and failed to properly maintain the electric pole and accompanying equipment. In one instance, plaintiff says she saw electricity shock her husband when he reached to unplug a television and all appliances were damaged by the power surge. Plaintiff seeks compensatory damages of $750,000 and punitive damages of $350,000.
Law firm: John A. Rockecharlie and Amanda G. Crouch of Bowen Champlin Foreman & Rockecharlie
Filed: 4/10/2014. CL14001117

Willie Cardwell v. Southside Electric Cooperative
Plaintiff says he and his family continue to be at risk in their home from dangerous electrical surges and explosions and that defendant has negligently installed subpar equipment to plaintiff’s home and neighborhood and failed to properly maintain the electric pole and accompanying equipment. In one instance, plaintiff says he received a severe electric shock while trying to unplug a television. Plaintiff says he is no longer able to work as a result of the shock and seeks compensatory damages of $3.9 million and punitive damages of $350,000.
Law firm: John A. Rockecharlie and Amanda G. Crouch of Bowen Champlin Foreman & Rockecharlie
Filed: 4/10/2014. CL14001118

Helena Potts a/k/a Helen Potts v. Outback Steakhouse of Florida, LLC and Bloomin’ Brands, Inc.
Plaintiff says defendant negligently allowed the floor in the restaurant in Midlothian to remain wet, and as a result, she slipped and fell, sustaining injuries. Plaintiff seeks judgment in principal sum of $75,000.
Law firm: Kimberly A. Keith of Keith & Keith; and Jean B. Reynolds of The Reynolds Law Group
Filed: 4/10/2014. CL14001126

Jamie Lee Lloyd, incapacitated, by Gregory L. Lloyd and Theresa M. Lloyd, her co-guardians v. Gateway Homes, Inc.
The Lloyds adopted Jamie as a tot, and say throughout her life she has suffered from numerous mental and psychological disorders. She entered Gateway’s residential treatment facility at age 19 and the next year, plaintiff says, defendant admitted Austin Nathaniel Wood, then 19, who had been convicted of aggravated sexual battery of a child. Plaintiff says defendant knew Wood was having sex with Jamie despite her inability to understand the nature and consequences of the act, and that a gynecological examination showed she had acquired herpes. Plaintiff alleges defendant has failed to protect Jamie and seeks compensatory damages of $2 million and punitive damages of $1 million.
Law firm: A. Russell Watson of Hairfield Morton
Filed: 4/11/2014. CL14001136[/private]

Richmond Circuit Court

Commonwealth of Virginia, ex. rel. Mark R. Herring, attorney general, and David A. Von Mole, state comptroller v. ProNurses, Inc.; Valerie Bester; and Tangerine Hope
Plaintiff alleges that ProNurses, which provided medical personnel on a temporary basis to state entities and subdivisions, engaged in a number of violations of the Virginia Fraud Against Taxpayers Act, including inflating its invoices and knowingly reporting that ProNurses billed the Commonwealth at hourly bill rates that were lower than the actual hourly bill rates it invoiced, decreasing the obligation to pay fees. Plaintiff seeks damages of $9,073,820.17, which includes civil penalties.
Filed: 4/8/2014. CL14001692

James E. Lavender Jr. v. Kinloch Nelson, M.D. and Virginia Urology Center, P.C.
Plaintiff alleges defendant was negligent in a laparoscopic robotic-assisted radical prostatectomy, and says during the procedure, defendant caused two punctures to his small bowel, only one of which was identified and repaired. Six days later, he says he had to undergo a resection of his perforated small bowel, and the next month, another surgery. Plaintiff seeks judgment in principal sum of $3.5 million.
Law firm: Andrew S. Herzog of Parcell & Webb
Filed: 4/9/2014. CL14001698[private]

ADI, a division of Honeywell International, Inc. v. Provada Systems, LLC f/d/b/a Premiere Theater & Automation, LLC and Robert Dillow
Plaintiff says defendant has failed to pay for products and services and seeks judgment in principal sum of $16,633.80.
Law firm: Ronald William Stern
Filed: 4/9/2014. CL14001700

Heather Bardoza v. Jupiter Communities, LLC
Plaintiff says defendant owned/operated Oyster Point Place Apartments in Newport News, and because of defendant’s negligence, she was caused to fall into a drainage culvert while walking from a parked vehicle to her apartment. Plaintiff seeks judgment in principal sum of $375,000.
Law firm: Scott D. Fitzgerald of Allen, Allen, Allen & Allen
Filed: 4/10/2014. CL14001711

Shelia D. Sowell and Donald Sowell v. Heartwood Rebuilders Services, Inc.
Plaintiff says defendant did not complete home repairs in a satisfactory and workmanlike manner and seeks judgment in principal sum of $25,000.
Pro se
Filed: 4/14/2014. CL14001750

Adrienne Vaughan v. Capitol Financial Solutions, LLC and Lamar Lockhart
Plaintiff says that about 2 months after she began working as a marketing representative, Lockhart began an unrelenting romantic pursuit despite her consistently and continually rebuffing his advances for a year. After he relented, plaintiff says, her compensation was reduced and when she complained, it stopped and her employment was terminated. Plaintiff alleges a hostile work environment, unlawful retaliation and breach of contract and seeks damages of $300,000, among other relief.
Law firm: Blackwell N. Shelley Jr., Tim Schulte and Lauren Fisher of Shelley & Schulte
Filed: 4/14/2014. CL14001751

Henrico Circuit Court

Old Towne Retail Investment LLC v. Fathom Y, LLC; Shawn S. Siu; and Ming L. Siu
Plaintiff says defendant leased property for a restaurant in the Olde Towne Shopping Center, 7801 W. Broad St., and is in default. Plaintiff seeks judgment in principal sum of $99,582.55.
Law firm: Mitchell B. Weitzman of Jackson & Campbell
Filed: 4/7/2014. CL14000881

TLE at Glen Allen, LLC and Fun N’ Learn, LLC v. BTR TLE I, LLC; Minnieland Private Day School, Inc.; and 4683 Pouncey Tract, LLC
Plaintiff operates a child-care facility at 4683 Pouncey Tract Road and says BTR is the owner of the premises. Plaintiff says its lease precluded the building, leasing or sale to a competing child-care business within a 2-mile radius, but that BTR sold property at 3450 Lauderdale Road to Minnieland, a competitor, and also provided confidential information about plaintiff’s business to Minnieland. Plaintiff seeks damages of $650,000 and injunctive relief to have defendants unwind the sale and force Minnieland to cease operation.
Law firm: John L. Walker III, W. Alexander Burnett and Andrew O. Mathews of WilliamsMullen
Filed: 4/8/2014. CL14000895

Standout Consulting, LLC v. The Center for Counseling and Community Affairs, LLC and Civitas Health Services, Inc.
Plaintiff says it provided initial investing to defendants, but defendants have failed to pay a monthly return payment. Plaintiff says defendants continue to generate revenue by operating the entrepreneurial business it financed, and seeks judgment in principal sum of $49,835.50.
Law firm: Tucker L. Henley of Blackburn, Conte, Schilling & Click
Filed: 4/8/2014. CL14000896

Jimmy Pratt and Westlake Residential Facility, Ltd v. Abby & Antonio, Inc.; Acclaim Care; Acclaim Care Respite Service, Inc.; James Bennett, individually and as owner of Acclaim Care, Inc. and Acclaim Care Respite Service, Inc. and by his ownership in Abby & Antonio, Inc.; Abby Dixon, individually and as owner of Abby & Antonio, Inc. and by her ownership interest in Acclaim Care, Inc. and Acclaim Care Respite Service, Inc.; and Antonio Allen, individually and as owner of Abby & Antonio, Inc. and by his ownership interest in Acclaim Care, Inc. and Acclaim Care Respite Service, Inc.
Plaintiff says he entered into an agreement drafted by Bennett for dissolution of plaintiff’s business, and to merge the ownership of Westlake and the care of its residents with Acclaim Care for the sum of $175,000 plus an additional $25,000 as a result of a matter with the IRS. Plaintiff says defendant has failed to pay and alleges unjust enrichment. He seeks judgment in principal sum of $200,000.
Law firm: Charlotte Peoples Hodges of B.I.G. Legal Services
Filed: 4/8/2014. CL14000906

Chesterfield Circuit Court

Melissa Cardwell v. Southside Electric Cooperative
Plaintiff says she and her family continue to be at risk in their home from dangerous electrical surges and explosions and that defendant has negligently installed subpar equipment to plaintiff’s home and neighborhood and failed to properly maintain the electric pole and accompanying equipment. In one instance, plaintiff says she saw electricity shock her husband when he reached to unplug a television and all appliances were damaged by the power surge. Plaintiff seeks compensatory damages of $750,000 and punitive damages of $350,000.
Law firm: John A. Rockecharlie and Amanda G. Crouch of Bowen Champlin Foreman & Rockecharlie
Filed: 4/10/2014. CL14001117

Willie Cardwell v. Southside Electric Cooperative
Plaintiff says he and his family continue to be at risk in their home from dangerous electrical surges and explosions and that defendant has negligently installed subpar equipment to plaintiff’s home and neighborhood and failed to properly maintain the electric pole and accompanying equipment. In one instance, plaintiff says he received a severe electric shock while trying to unplug a television. Plaintiff says he is no longer able to work as a result of the shock and seeks compensatory damages of $3.9 million and punitive damages of $350,000.
Law firm: John A. Rockecharlie and Amanda G. Crouch of Bowen Champlin Foreman & Rockecharlie
Filed: 4/10/2014. CL14001118

Helena Potts a/k/a Helen Potts v. Outback Steakhouse of Florida, LLC and Bloomin’ Brands, Inc.
Plaintiff says defendant negligently allowed the floor in the restaurant in Midlothian to remain wet, and as a result, she slipped and fell, sustaining injuries. Plaintiff seeks judgment in principal sum of $75,000.
Law firm: Kimberly A. Keith of Keith & Keith; and Jean B. Reynolds of The Reynolds Law Group
Filed: 4/10/2014. CL14001126

Jamie Lee Lloyd, incapacitated, by Gregory L. Lloyd and Theresa M. Lloyd, her co-guardians v. Gateway Homes, Inc.
The Lloyds adopted Jamie as a tot, and say throughout her life she has suffered from numerous mental and psychological disorders. She entered Gateway’s residential treatment facility at age 19 and the next year, plaintiff says, defendant admitted Austin Nathaniel Wood, then 19, who had been convicted of aggravated sexual battery of a child. Plaintiff says defendant knew Wood was having sex with Jamie despite her inability to understand the nature and consequences of the act, and that a gynecological examination showed she had acquired herpes. Plaintiff alleges defendant has failed to protect Jamie and seeks compensatory damages of $2 million and punitive damages of $1 million.
Law firm: A. Russell Watson of Hairfield Morton
Filed: 4/11/2014. CL14001136[/private]

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