The Docket: Local court roundup for 3.31.22

Chesterfield Circuit Court

Eagle Beverage and Accessory Products, LLC v. Zima-Pack, LLC
Plaintiff says the Chester-based defendant failed to deliver customer equipment for plaintiff’s Starbucks contract involving a 6-ounce spray-type cap, causing it to lose the manufacturing contract worth $10 million per year, and failed to perform for plaintiff’s tentative contract with Georgia Pacific, under which plaintiff would assist in the manufacture of hand sanitizer. Plaintiff seeks judgment of $1 million.
Attorneys: John S. Buford
Filed: 3/9/2022
CL22000769

Kapitus Servicing, Inc. v. Construction Services Montiel, Inc. d/b/a Construction Services Montiel; and Ismael Montiel Carbajah
Plaintiff says the Florida business is in default of a forward purchase agreement and seeks judgment in the principal amount of $131,534.11.
Attorneys: Nhon H. Nguyen and Charles D. Waters of Nguyen|Ballato
Filed: 3/10/2022
CL22000799

Kapitus Servicing, Inc. v. G-5 Entertainment Group, LLC d/b/a G-5 Entertainment Group; and Joseph Gousman
Plaintiff says the Florida business is in default of a future receivables factoring agreement and seeks judgment in the principal amount of $61,313.
Attorneys: Nhon H. Nguyen, Timothy A. Hennigan and Charles D. Waters of Nguyen|Ballato
Filed: 3/10/2022
CL22000803

Kapitus Servicing, Inc. v. Pharma Tech Solutions, Inc. d/b/a Pharma Tech Direct; PharmaTech Direct Corp. d/b/a Pharma Tech Direct; and Keith Berman
Plaintiff says the California business is in default of a forward purchase agreement and seeks judgment in the principal amount of $138,290.
Attorneys: Nhon H. Nguyen and Charles D. Waters of Nguyen|Ballato
Filed: 3/10/2022
CL22000804

Kapitus Servicing, Inc. v. Florida Cabinets Direct, LLC d/b/a Florida Cabinets Direct; and Daniel Holloway
Plaintiff says the Florida business is in default of a forward purchase agreement and seeks judgment in the principal amount of $46,045.
Attorneys: Nhon H. Nguyen and Charles D. Waters of Nguyen|Ballato
Filed: 3/10/2022
CL22000805

Kapitus Servicing, Inc. v. Anchor Bolt Excavating & Foundations, Inc. d/b/a Anchor Bolt Excavating & Foundations; and Michael Barba
Plaintiff says the Massachusetts business is in default of two financial agreements and seeks judgment in the principal amount of $48,422.
Attorneys: Nhon H. Nguyen and Charles D. Waters of Nguyen|Ballato
Filed: 3/10/2022
CL22000806

Kapitus Servicing, Inc. v. American Roofing of Jacksonville LLC d/b/a American Roofing of Jacksonville; Christopher Dennis; and Daniel Kinkel
Plaintiff says the Florida business is in default of a forward purchase agreement and seeks judgment in the principal amount of $97,425.
Attorneys: Nhon H. Nguyen and Charles D. Waters of Nguyen|Ballato
Filed: 3/10/2022
CL22000807

BRE Program Administrative Services, LLC v. Interventional Pain & Spine Specialists, PLLC
Plaintiff says the Chester company has failed to pay invoices for the services of trained and skilled staff members leased through BRE, and seeks damages of $169,279.50.
Attorneys: F. Douglas Ross and Matthew B Kapuscinski of Odin, Feldman & Pittleman
Filed: 3/11/2022
CL22000816

Sentry Insurance Company a/s/o Stephenson Printing Inc. v. Sappi North America, Inc.
Plaintiff says defendant supplied defective and/or incorrectly labeled paper, which caused a paper jam in its insured’s Heidelberg printing press on/about June 27, 2018, causing sustained property damage. Plaintiff asks judgment of $70,297.11.
Attorneys: P. George Eliades II of The Eliades Law Firm
Filed: 3/11/2022
CL22000824

Kathy Cimburke v. Wal-Mart Stores, Inc.
Plaintiff says she was caused to fall over a hazard near the electronic mobility scooters at the 12000 Iron Bridge Road store, suffering a torn rotator cuff, and seeks judgment of $200,000.
Attorneys: Tyler W. Crowe of Hill and Rainey
Filed: 3/15/2022
CL22000843

Henrico Circuit Court

Eastern Hospitality, LLC v. JAI Gajanand Properties LLC; Henidh Shah; and Holiday Inn Hospitality LLC
Plaintiff says defendant Shah was employed as general manager of Holiday Inn Richmond South-City Gateway, 4304 Commerce Road, from 2017 to 2019, and during that time embezzled approximately $726,521.21 from plaintiff through a company he set up, Holiday Inn Hospitality. Plaintiff says it obtained a judgment in Richmond Circuit Court against Shah and HIH of $726,521.21 but has not collected, and that on/about March 8, 2019, Shah wrote nine checks to defendant JAI to conceal amounts of the transfer of stolen funds and to conceal related tax fraud and money laundering activities when he knew he would be investigated for theft and was preparing to flee to India. Plaintiff seeks judgment of $66,000.
Attorneys: Mark Schmidt
Filed: 2/23/2022
CL22001124

John D. Cumberland v. Stiles Ewing Powers, PC d/b/a Batzli Stiles Butler, PC; and Terrence R. Batzli
Plaintiff says defendant Batzli represented him in a divorce beginning in 2012, and on/about July 29, 2016, executed a property settlement. Plaintiff says defendants failed to preserve his ability to seek a modification of spousal support based upon a change in circumstance, namely retirement, and because of defendants’ breach, he is unable to petition the court to lower his payment of $7,898/month over his expected life, or approximately $1,592,236. Plaintiff alleges malpractice and breach of contract and seeks judgment of $2 million.
Attorneys: Thomas H. Roberts and Jonathan M. Arthur of Thomas H. Roberts & Associates
Filed: 3/10/2022
CL22001513

Kapitus Servicing, Inc. v. F&D Hardwood Floors, LLC d/b/a F&D Hardwood Floors LLC; and Florian Dejeu
Plaintiff says the Georgia business is in default of a forward purchase agreement and seeks judgment in the principal amount of $188,275.
Attorneys: Nhon H. Nguyen, Timothy A. Hennigan and Charles D. Waters of Nguyen|Ballato
Filed: 3/16/2022
CL22001662

Kapitus Servicing, Inc. v. Jesse Ferreira d/b/a 808 Automotive & Performance
Plaintiff says the Nevada business is in default of a future receivables factoring agreement and seeks judgment in the principal amount of $30,565.
Attorneys: Nhon H. Nguyen, Timothy A. Hennigan and Charles D. Waters of Nguyen|Ballato
Filed: 3/16/2022
CL22001663

Kapitus Servicing, Inc. v. Grabowski Automotive, LLC d/b/a Automotive Specialty; and John Donovan
Plaintiff says the Richmond, Va., business is in default of a loan agreement and seeks judgment in the principal amount of $37,155.
Attorneys: Nhon H. Nguyen and Charles D. Waters of Nguyen|Ballato
Filed: 3/16/2022
CL22001664

Colonial Funding Network, Inc., as authorized sub-servicing agent for Strategic Funding Source, Inc. v. Boudreaux’s Cajun Trio, LLC d/b/a Boudreaux’s Cajun Trio; and Stephen Blake Simon
Plaintiff says the Louisiana business is in default of a loan agreement and seeks judgment in the principal amount of $40,798.
Attorneys: Nhon H. Nguyen, Timothy A. Hennigan and Charles D. Waters of Nguyen|Ballato
Filed: 3/16/2022
CL22001667

Richmond Circuit Court

Orlando Vega v. Zahir Zoe Jimenez-Tosado, M.D.; Lisa Jenkins, M.D.; Benjamin Zev Galper, M.D.; and Mid-Atlantic Permanente Medical Group, P.C.
Plaintiff says defendants, in visits beginning January 2019, failed to appropriately react to his family history and complaints of pain, heart rate and shortness of breath, failed to perform diagnostic studies to identify or rule out heart disease, and failed to recommend that he seek immediate emergency care on April 3, 2020, and as a result, he suffered cardiac arrest due to myocardial infarction, which caused permanent damage to his heart. Plaintiff asks judgment of $30 million.
Attorneys: Malcolm P. McConnell III and Derrick L. Walker of Allen, Allen, Allen & Allen
Filed: 3/22/2022
CL22001081

Anthony Head, administrator of the estate of Layla Head, deceased v. ResCare Inc. d/b/a ResCare and/or BrightSpring and/or BrightSpring Health Services; Springhealth Integrated Care, Inc. d/b/a BrightSpring and/or BrightSpring Health Services; Southern Home Care Services, Inc. d/b/a ResCare and/or BrightSpring and/or BrightSpring Health Services; related ResCare/BrightSpring entities; Community Alternatives Virginia, Inc. d/b/a Blue Ridge Residential Services, LLC; and Sharon Adams
Plaintiff says defendants provided 24/7 home care to decedent, and knew that because of Head’s vulnerability to seizures, required constant monitoring. Plaintiff says Adams left Head upstairs in the bathtub while she went downstairs for a time, and that Head suffered a seizure and drowned on July 13, 2020. Plaintiff seeks judgment of $3 million.
Attorneys: Malcolm P. McConnell III and David M. Sturm of Allen, Allen, Allen & Allen
Filed: 3/25/2022
CL22001269

Kelly Lewis v. Outback Steakhouse of Florida, Inc.
Plaintiff says on Aug. 16, 2021, she slipped on a puddle of water in the restaurant formed from a leaking ceiling, fell and sustained injuries for which she seeks judgment of $150,000.
Attorneys: James B. Feinman and Blake K. Huddleston of the Law Offices of James B. Feinman
Filed: 3/22/2022
CL22001280

Anissa Pryce v. Atmiya Woodbridge LLC d/b/a Quality Inn Woodbridge; Suhradam Inc. and Choice Hotels International, Inc.
Plaintiff says on/about June 1, 2020, while using the shower in her room, the shower rod spontaneously detached from the wall, striking her on the head and shoulder and causing her to fall and sustain severe injuries. Plaintiff seeks judgment of $300,000.
Attorneys: Daniel Renfro of Renfro & Renfro
Filed: 3/25/2022
CL22001282

Chesterfield Circuit Court

Eagle Beverage and Accessory Products, LLC v. Zima-Pack, LLC
Plaintiff says the Chester-based defendant failed to deliver customer equipment for plaintiff’s Starbucks contract involving a 6-ounce spray-type cap, causing it to lose the manufacturing contract worth $10 million per year, and failed to perform for plaintiff’s tentative contract with Georgia Pacific, under which plaintiff would assist in the manufacture of hand sanitizer. Plaintiff seeks judgment of $1 million.
Attorneys: John S. Buford
Filed: 3/9/2022
CL22000769

Kapitus Servicing, Inc. v. Construction Services Montiel, Inc. d/b/a Construction Services Montiel; and Ismael Montiel Carbajah
Plaintiff says the Florida business is in default of a forward purchase agreement and seeks judgment in the principal amount of $131,534.11.
Attorneys: Nhon H. Nguyen and Charles D. Waters of Nguyen|Ballato
Filed: 3/10/2022
CL22000799

Kapitus Servicing, Inc. v. G-5 Entertainment Group, LLC d/b/a G-5 Entertainment Group; and Joseph Gousman
Plaintiff says the Florida business is in default of a future receivables factoring agreement and seeks judgment in the principal amount of $61,313.
Attorneys: Nhon H. Nguyen, Timothy A. Hennigan and Charles D. Waters of Nguyen|Ballato
Filed: 3/10/2022
CL22000803

Kapitus Servicing, Inc. v. Pharma Tech Solutions, Inc. d/b/a Pharma Tech Direct; PharmaTech Direct Corp. d/b/a Pharma Tech Direct; and Keith Berman
Plaintiff says the California business is in default of a forward purchase agreement and seeks judgment in the principal amount of $138,290.
Attorneys: Nhon H. Nguyen and Charles D. Waters of Nguyen|Ballato
Filed: 3/10/2022
CL22000804

Kapitus Servicing, Inc. v. Florida Cabinets Direct, LLC d/b/a Florida Cabinets Direct; and Daniel Holloway
Plaintiff says the Florida business is in default of a forward purchase agreement and seeks judgment in the principal amount of $46,045.
Attorneys: Nhon H. Nguyen and Charles D. Waters of Nguyen|Ballato
Filed: 3/10/2022
CL22000805

Kapitus Servicing, Inc. v. Anchor Bolt Excavating & Foundations, Inc. d/b/a Anchor Bolt Excavating & Foundations; and Michael Barba
Plaintiff says the Massachusetts business is in default of two financial agreements and seeks judgment in the principal amount of $48,422.
Attorneys: Nhon H. Nguyen and Charles D. Waters of Nguyen|Ballato
Filed: 3/10/2022
CL22000806

Kapitus Servicing, Inc. v. American Roofing of Jacksonville LLC d/b/a American Roofing of Jacksonville; Christopher Dennis; and Daniel Kinkel
Plaintiff says the Florida business is in default of a forward purchase agreement and seeks judgment in the principal amount of $97,425.
Attorneys: Nhon H. Nguyen and Charles D. Waters of Nguyen|Ballato
Filed: 3/10/2022
CL22000807

BRE Program Administrative Services, LLC v. Interventional Pain & Spine Specialists, PLLC
Plaintiff says the Chester company has failed to pay invoices for the services of trained and skilled staff members leased through BRE, and seeks damages of $169,279.50.
Attorneys: F. Douglas Ross and Matthew B Kapuscinski of Odin, Feldman & Pittleman
Filed: 3/11/2022
CL22000816

Sentry Insurance Company a/s/o Stephenson Printing Inc. v. Sappi North America, Inc.
Plaintiff says defendant supplied defective and/or incorrectly labeled paper, which caused a paper jam in its insured’s Heidelberg printing press on/about June 27, 2018, causing sustained property damage. Plaintiff asks judgment of $70,297.11.
Attorneys: P. George Eliades II of The Eliades Law Firm
Filed: 3/11/2022
CL22000824

Kathy Cimburke v. Wal-Mart Stores, Inc.
Plaintiff says she was caused to fall over a hazard near the electronic mobility scooters at the 12000 Iron Bridge Road store, suffering a torn rotator cuff, and seeks judgment of $200,000.
Attorneys: Tyler W. Crowe of Hill and Rainey
Filed: 3/15/2022
CL22000843

Henrico Circuit Court

Eastern Hospitality, LLC v. JAI Gajanand Properties LLC; Henidh Shah; and Holiday Inn Hospitality LLC
Plaintiff says defendant Shah was employed as general manager of Holiday Inn Richmond South-City Gateway, 4304 Commerce Road, from 2017 to 2019, and during that time embezzled approximately $726,521.21 from plaintiff through a company he set up, Holiday Inn Hospitality. Plaintiff says it obtained a judgment in Richmond Circuit Court against Shah and HIH of $726,521.21 but has not collected, and that on/about March 8, 2019, Shah wrote nine checks to defendant JAI to conceal amounts of the transfer of stolen funds and to conceal related tax fraud and money laundering activities when he knew he would be investigated for theft and was preparing to flee to India. Plaintiff seeks judgment of $66,000.
Attorneys: Mark Schmidt
Filed: 2/23/2022
CL22001124

John D. Cumberland v. Stiles Ewing Powers, PC d/b/a Batzli Stiles Butler, PC; and Terrence R. Batzli
Plaintiff says defendant Batzli represented him in a divorce beginning in 2012, and on/about July 29, 2016, executed a property settlement. Plaintiff says defendants failed to preserve his ability to seek a modification of spousal support based upon a change in circumstance, namely retirement, and because of defendants’ breach, he is unable to petition the court to lower his payment of $7,898/month over his expected life, or approximately $1,592,236. Plaintiff alleges malpractice and breach of contract and seeks judgment of $2 million.
Attorneys: Thomas H. Roberts and Jonathan M. Arthur of Thomas H. Roberts & Associates
Filed: 3/10/2022
CL22001513

Kapitus Servicing, Inc. v. F&D Hardwood Floors, LLC d/b/a F&D Hardwood Floors LLC; and Florian Dejeu
Plaintiff says the Georgia business is in default of a forward purchase agreement and seeks judgment in the principal amount of $188,275.
Attorneys: Nhon H. Nguyen, Timothy A. Hennigan and Charles D. Waters of Nguyen|Ballato
Filed: 3/16/2022
CL22001662

Kapitus Servicing, Inc. v. Jesse Ferreira d/b/a 808 Automotive & Performance
Plaintiff says the Nevada business is in default of a future receivables factoring agreement and seeks judgment in the principal amount of $30,565.
Attorneys: Nhon H. Nguyen, Timothy A. Hennigan and Charles D. Waters of Nguyen|Ballato
Filed: 3/16/2022
CL22001663

Kapitus Servicing, Inc. v. Grabowski Automotive, LLC d/b/a Automotive Specialty; and John Donovan
Plaintiff says the Richmond, Va., business is in default of a loan agreement and seeks judgment in the principal amount of $37,155.
Attorneys: Nhon H. Nguyen and Charles D. Waters of Nguyen|Ballato
Filed: 3/16/2022
CL22001664

Colonial Funding Network, Inc., as authorized sub-servicing agent for Strategic Funding Source, Inc. v. Boudreaux’s Cajun Trio, LLC d/b/a Boudreaux’s Cajun Trio; and Stephen Blake Simon
Plaintiff says the Louisiana business is in default of a loan agreement and seeks judgment in the principal amount of $40,798.
Attorneys: Nhon H. Nguyen, Timothy A. Hennigan and Charles D. Waters of Nguyen|Ballato
Filed: 3/16/2022
CL22001667

Richmond Circuit Court

Orlando Vega v. Zahir Zoe Jimenez-Tosado, M.D.; Lisa Jenkins, M.D.; Benjamin Zev Galper, M.D.; and Mid-Atlantic Permanente Medical Group, P.C.
Plaintiff says defendants, in visits beginning January 2019, failed to appropriately react to his family history and complaints of pain, heart rate and shortness of breath, failed to perform diagnostic studies to identify or rule out heart disease, and failed to recommend that he seek immediate emergency care on April 3, 2020, and as a result, he suffered cardiac arrest due to myocardial infarction, which caused permanent damage to his heart. Plaintiff asks judgment of $30 million.
Attorneys: Malcolm P. McConnell III and Derrick L. Walker of Allen, Allen, Allen & Allen
Filed: 3/22/2022
CL22001081

Anthony Head, administrator of the estate of Layla Head, deceased v. ResCare Inc. d/b/a ResCare and/or BrightSpring and/or BrightSpring Health Services; Springhealth Integrated Care, Inc. d/b/a BrightSpring and/or BrightSpring Health Services; Southern Home Care Services, Inc. d/b/a ResCare and/or BrightSpring and/or BrightSpring Health Services; related ResCare/BrightSpring entities; Community Alternatives Virginia, Inc. d/b/a Blue Ridge Residential Services, LLC; and Sharon Adams
Plaintiff says defendants provided 24/7 home care to decedent, and knew that because of Head’s vulnerability to seizures, required constant monitoring. Plaintiff says Adams left Head upstairs in the bathtub while she went downstairs for a time, and that Head suffered a seizure and drowned on July 13, 2020. Plaintiff seeks judgment of $3 million.
Attorneys: Malcolm P. McConnell III and David M. Sturm of Allen, Allen, Allen & Allen
Filed: 3/25/2022
CL22001269

Kelly Lewis v. Outback Steakhouse of Florida, Inc.
Plaintiff says on Aug. 16, 2021, she slipped on a puddle of water in the restaurant formed from a leaking ceiling, fell and sustained injuries for which she seeks judgment of $150,000.
Attorneys: James B. Feinman and Blake K. Huddleston of the Law Offices of James B. Feinman
Filed: 3/22/2022
CL22001280

Anissa Pryce v. Atmiya Woodbridge LLC d/b/a Quality Inn Woodbridge; Suhradam Inc. and Choice Hotels International, Inc.
Plaintiff says on/about June 1, 2020, while using the shower in her room, the shower rod spontaneously detached from the wall, striking her on the head and shoulder and causing her to fall and sustain severe injuries. Plaintiff seeks judgment of $300,000.
Attorneys: Daniel Renfro of Renfro & Renfro
Filed: 3/25/2022
CL22001282

Your subscription has expired. Renew now by choosing a subscription below!

For more informaiton, head over to your profile.

Profile


SUBSCRIBE NOW

TERMS OF SERVICE:

ALL MEMBERSHIPS RENEW AUTOMATICALLY. YOU WILL BE CHARGED FOR A 1 YEAR MEMBERSHIP RENEWAL AT THE RATE IN EFFECT AT THAT TIME UNLESS YOU CANCEL YOUR MEMBERSHIP BY LOGGING IN OR BY CONTACTING [email protected]

ALL CHARGES FOR MONTHLY OR ANNUAL MEMBERSHIPS ARE NONREFUNDABLE.

EACH MEMBERSHIP WILL ONLY FUNCTION ON UP TO 3 MACHINES. ACCOUNTS ABUSING THAT LIMIT WILL BE DISCONTINUED.




Return to Homepage

Subscribe
Notify of
guest
0 Comments
Inline Feedbacks
View all comments