The Docket: Local court roundup for 6.8.23

Chesterfield Circuit Court

L&W Supply Corporation v. RC Drywall & Painting, Inc.
Plaintiff says defendant has failed to pay for $144,858.12 in goods and services.
Attorneys: P. George Eliades II of The Eliades Law Firm
Filed: 5/23/2023
CL23001954

Ferguson Enterprises, LLC v. Cecilia’s Home Repairs, LLC and Anthony Cecilia
Plaintiff says it provided goods and services and defendant has failed to pay $33,482.65 due.
Attorneys: P. George Eliades II of The Eliades Law Firm
Filed: 5/23/2023
CL23001955

Jennifer Jolliffe, trustee for FBO Karen Bagheri Trust UA for Sahannah Durbin; and Jennifer Jolliffe, trustee for FBO Karen Bagheri Trust UA for Thomas McKee v. Frank A. Young; Paulina Connery; and NYMS Med Spa and Advanced Esthetics School d/b/a NYMS Med Spa
Plaintiffs say in October 2017, the Federal District Court for the Western District of Virginia awarded judgment in the amount of $2,079,298.39 for wrongful death of plaintiffs’ father, and at the time of the judgment and now, both beneficiaries are minor children. Plaintiffs say guardian Bagheri named Young as trustee based on her longtime friendship with Young’s wife, and Young managed the trust until he was removed due to embezzlement of funds, conversion and other improper actions. Plaintiffs say Young began a relationship with Connery, and Connery began operating NYMS in September 2019, where she and Young were co-owners of the business, and then colluded to enrich NYMS to the detriment of plaintiffs and improperly distributed funds to ensure personal benefit. Plaintiffs allege breach of fiduciary duty, conversion and breach of contract and seek compensatory damages of $499,000 and punitive damages of $350,000 per defendant, among other relief.
Attorneys: Brenton J. Bohannon of Bohannon & Associates
Filed: 5/23/2023
CL23001959

Kapitus Servicing, Inc. v. Caraway Tea Company LLC d/b/a Caraway Tea Company; Gina Caraway; and Michael Caraway
Plaintiff says the New York business is in default of a forward purchase agreement and seeks judgment in the principal amount of $152,545.
Attorneys: Nhon H. Nguyen, Timothy A. Hennigan and Charles D. Waters of Nguyen|Ballato
Filed: 5/23/2023
CL23001978

Kapitus Servicing, Inc. v. Alexandra Duran Castillo d/b/a Pro Clean Solutions
Plaintiff says the Texas business is in default of a forward purchase agreement and seeks judgment in the principal amount of $138,386.79.
Attorneys: Nhon H. Nguyen, Timothy A. Hennigan and Charles D. Waters of Nguyen|Ballato
Filed: 5/23/2023
CL23001978

Creative Flooring Solutions of Virginia, LLC v. Healthcare Construction Management, Inc. and Monaca R. Vanderpool
Plaintiff says defendant accepted a quote to furnish 123,000 sf of luxury plank flooring for $136,899, and paid a deposit of $45,000, and completed an application to purchase on credit, and defendant either accepted or picked up delivery of $57,720 sf of flooring between March 21 and Aug. 16, 2022, but has refused to accept delivery of additional flooring. Plaintiff asks judgment of $91,899.
Attorneys: Derrick E. Rosser
Filed: 5/24/2023
CL23001993

Mary Bradshaw v. Maxcare Health and Residential Services, LLC
Plaintiff, a resident of defendant’s assisted living facility, says on June 1, 2021, she was in her wheelchair on an outside deck, and an employee who was supposed to be monitoring her left her alone, and spasms in her arms caused her to strike the joystick of her wheelchair, sending her and the wheelchair down the stairs. Plaintiff says she suffered permanent injuries and seeks judgment of $1.5 million.
Attorneys: Keith B. Marcus of Blank & Marcus
Filed: 5/25/2034
CL23002008

Senior Healthcare, Inc.; Travel Nurses, Inc.; Professional Career Institute, Inc.; and Just CNAS, Inc. v. Jordan Zema and NurseSpring, LLC
Plaintiff says Zema is in violation of a non-compete contract, and that she and NurseSpring are using trade secrets to compete with plaintiff. Plaintiff seeks injunctive relief and damages of no less than $400,000.
Attorneys: Kevin J. Funk of Durrette, Arkema, Gerson & Gill
Filed: 5/30/2023
CL23002026

Henrico Circuit Court

American Express v. Paul Bennett and Bennett Mineral Co.
Plaintiff says defendant has defaulted on a credit account and seeks judgment of $58,177.78.
Attorneys: Pete Kubin of Levy Law Firm Co.
Filed: 5/23/2023
CL23003740

Jennifer Luzzatto v. Fabling Built, LLC
Plaintiff says the dispute relates to a pair of construction contracts for renovation and improvements to her Goochland residence for which defendant never intended to perform work although defendant received substantial payments in an attempt to prop up a failing construction business. The process began in August 2022, plaintiff says, and an initial design was generated for renovation of a bathroom and kitchen and living space in the “man cave,” and by February 2023, she had paid $53,253, but only minimal work was performed, and she entered into another contract in January 2023 for renovation of an attic, paying a deposit of $12,637, but no work was performed. Plaintiff says on/about March 15, Casey Fabling sent her an email purporting to shut down the company. Plaintiff says defendant has breached the contracts and made false representations and seeks damages of $138,282.
Attorneys: Christopher M. Malone and John P. O’Malley of ThompsonMcMullan
Filed: 5/25/2023
CL23003760

Bryant Frazier v. John Doe; Sentinel Protection LLC; and ACH Management Inc. d/b/a Cities Bar & Grill
Plaintiff says on June 3, 2022, when he attempted to walk through a crowd of people in the restaurant at 8004 W. Broad St., Doe forcefully pushed him and then punched him in the face. Plaintiff says he sustained painful injuries and seeks judgment of $70,000.
Attorneys: Jonathan E. Halperin and Andrew Lucchetti of Halperin Law Center
Filed: 5/26/2023
CL23003792

SRS Distribution Inc. v. Fabling Built, LLC and Casey James Fabling
Plaintiff says it extended credit to defendant for materials and goods, and defendant has failed to pay all monies owed. Plaintiff asks judgment of $26,898.78.
Attorneys: Derek A. Colvin of Waldrop & Colvin
Filed: 5/25/2023
CL23003811

Teresa Lemons, administrator of the estate of Gladys Jones Morris, deceased v. Henrico Care Center LLC d/b/a Henrico Health & Rehabilitation Center; RYBST Central Manager LLC; and Medical Facilities of America IL (49) Limited Partnership d/b/a Henrico Health & Rehabilitation Center
Plaintiff says defendant allowed Morris to fall 11 times, despite having a care plan, and on May 30, 2021, she suffered a neck fracture in a fall, leading to her death on July 31. Plaintiff alleges negligence and seeks judgment of $3 million.
Attorneys: Jonathan M. Petty and Brielle M. Hunt of Phelan Petty
Filed: 5/30/2023
CL23003832

Kapitus Servicing, Inc. v. Freesecorp, Inc. d/b/a Certapro; and Eric Freese
Plaintiff says the Illinois business is in default of a loan agreement and seeks judgment in the principal amount of $152,772.
Attorneys: Nhon H. Nguyen and Timothy A. Hennigan of Nguyen|Ballato
Filed: 5/31/2023
CL23003924

Kapitus Servicing, Inc. v. Barbara Gheen’s Painting, Inc. d/b/a Barbara Gheen’s Painting; Teri Amos; and Lloyd Amos II
Plaintiff says the Ohio business is in default of a loan agreement and seeks judgment in the principal amount of $204,150.
Attorneys: Nhon H. Nguyen and Timothy A. Hennigan of Nguyen|Ballato
Filed: 5/31/2023
CL23003927

Richmond Circuit Court

Richard M. Bateman v. Matthew Allan Dobzyniak, M.D.; Tuckahoe Orthopaedic Associates LTD; Sean Little, P.A.-C.; and Bon Secours Saint Mary’s Hospital
Plaintiff says due to defendants’ negligence during and following a right total hip replacement on June 4, 2021, he developed an infection, and during another surgery on June 26, he lost a lot of blood and went into cardiac arrest, leaving him with serious complications and necessitating further medical procedures. Plaintiff seeks judgment of $2,657,381.26.
Attorneys: Robert J. Haddad of Ruloff, Swain, Haddad, Morecock, Talbert & Woodward
Filed: 5/26/2023
CL23002628

Estes Forwarding Worldwide, LLC v. Responsive Industries, Inc. and Century Floors, LLC
Plaintiff says between August and October 2022, Responsive, a South Carolina business, tendered 32 international shipments of goods under a contract, and that between August and October 2022, defendants tendered 30 shipments of goods for transportation in international and interstate commerce. Plaintiff says defendants have breached contracts and seeks damages of $310,131.80.
Attorneys: John T. Husk and Jeffrey E. Cox of Seaton & Husk
Filed: 5/30/2023
CL23002702

Ibrahim Shteyh v. Virginia Transformers Corporation
Plaintiff, an employee Oct. 31, 2022, until Jan. 31, 2023, alleges that he was wrongfully terminated due to his race and for making complaints to his supervisor and a vice president of racial discrimination, and seeks immediate reinstatement or 12 months front pay of $145,000, backpay, and punitive damages of $1 million.
Attorneys: Lisa K. Lawrence, Barbara Queen and Kaley A. Porter of LawrenceQueen
Filed: 5/31/2023
CL3002710

Chesterfield Circuit Court

L&W Supply Corporation v. RC Drywall & Painting, Inc.
Plaintiff says defendant has failed to pay for $144,858.12 in goods and services.
Attorneys: P. George Eliades II of The Eliades Law Firm
Filed: 5/23/2023
CL23001954

Ferguson Enterprises, LLC v. Cecilia’s Home Repairs, LLC and Anthony Cecilia
Plaintiff says it provided goods and services and defendant has failed to pay $33,482.65 due.
Attorneys: P. George Eliades II of The Eliades Law Firm
Filed: 5/23/2023
CL23001955

Jennifer Jolliffe, trustee for FBO Karen Bagheri Trust UA for Sahannah Durbin; and Jennifer Jolliffe, trustee for FBO Karen Bagheri Trust UA for Thomas McKee v. Frank A. Young; Paulina Connery; and NYMS Med Spa and Advanced Esthetics School d/b/a NYMS Med Spa
Plaintiffs say in October 2017, the Federal District Court for the Western District of Virginia awarded judgment in the amount of $2,079,298.39 for wrongful death of plaintiffs’ father, and at the time of the judgment and now, both beneficiaries are minor children. Plaintiffs say guardian Bagheri named Young as trustee based on her longtime friendship with Young’s wife, and Young managed the trust until he was removed due to embezzlement of funds, conversion and other improper actions. Plaintiffs say Young began a relationship with Connery, and Connery began operating NYMS in September 2019, where she and Young were co-owners of the business, and then colluded to enrich NYMS to the detriment of plaintiffs and improperly distributed funds to ensure personal benefit. Plaintiffs allege breach of fiduciary duty, conversion and breach of contract and seek compensatory damages of $499,000 and punitive damages of $350,000 per defendant, among other relief.
Attorneys: Brenton J. Bohannon of Bohannon & Associates
Filed: 5/23/2023
CL23001959

Kapitus Servicing, Inc. v. Caraway Tea Company LLC d/b/a Caraway Tea Company; Gina Caraway; and Michael Caraway
Plaintiff says the New York business is in default of a forward purchase agreement and seeks judgment in the principal amount of $152,545.
Attorneys: Nhon H. Nguyen, Timothy A. Hennigan and Charles D. Waters of Nguyen|Ballato
Filed: 5/23/2023
CL23001978

Kapitus Servicing, Inc. v. Alexandra Duran Castillo d/b/a Pro Clean Solutions
Plaintiff says the Texas business is in default of a forward purchase agreement and seeks judgment in the principal amount of $138,386.79.
Attorneys: Nhon H. Nguyen, Timothy A. Hennigan and Charles D. Waters of Nguyen|Ballato
Filed: 5/23/2023
CL23001978

Creative Flooring Solutions of Virginia, LLC v. Healthcare Construction Management, Inc. and Monaca R. Vanderpool
Plaintiff says defendant accepted a quote to furnish 123,000 sf of luxury plank flooring for $136,899, and paid a deposit of $45,000, and completed an application to purchase on credit, and defendant either accepted or picked up delivery of $57,720 sf of flooring between March 21 and Aug. 16, 2022, but has refused to accept delivery of additional flooring. Plaintiff asks judgment of $91,899.
Attorneys: Derrick E. Rosser
Filed: 5/24/2023
CL23001993

Mary Bradshaw v. Maxcare Health and Residential Services, LLC
Plaintiff, a resident of defendant’s assisted living facility, says on June 1, 2021, she was in her wheelchair on an outside deck, and an employee who was supposed to be monitoring her left her alone, and spasms in her arms caused her to strike the joystick of her wheelchair, sending her and the wheelchair down the stairs. Plaintiff says she suffered permanent injuries and seeks judgment of $1.5 million.
Attorneys: Keith B. Marcus of Blank & Marcus
Filed: 5/25/2034
CL23002008

Senior Healthcare, Inc.; Travel Nurses, Inc.; Professional Career Institute, Inc.; and Just CNAS, Inc. v. Jordan Zema and NurseSpring, LLC
Plaintiff says Zema is in violation of a non-compete contract, and that she and NurseSpring are using trade secrets to compete with plaintiff. Plaintiff seeks injunctive relief and damages of no less than $400,000.
Attorneys: Kevin J. Funk of Durrette, Arkema, Gerson & Gill
Filed: 5/30/2023
CL23002026

Henrico Circuit Court

American Express v. Paul Bennett and Bennett Mineral Co.
Plaintiff says defendant has defaulted on a credit account and seeks judgment of $58,177.78.
Attorneys: Pete Kubin of Levy Law Firm Co.
Filed: 5/23/2023
CL23003740

Jennifer Luzzatto v. Fabling Built, LLC
Plaintiff says the dispute relates to a pair of construction contracts for renovation and improvements to her Goochland residence for which defendant never intended to perform work although defendant received substantial payments in an attempt to prop up a failing construction business. The process began in August 2022, plaintiff says, and an initial design was generated for renovation of a bathroom and kitchen and living space in the “man cave,” and by February 2023, she had paid $53,253, but only minimal work was performed, and she entered into another contract in January 2023 for renovation of an attic, paying a deposit of $12,637, but no work was performed. Plaintiff says on/about March 15, Casey Fabling sent her an email purporting to shut down the company. Plaintiff says defendant has breached the contracts and made false representations and seeks damages of $138,282.
Attorneys: Christopher M. Malone and John P. O’Malley of ThompsonMcMullan
Filed: 5/25/2023
CL23003760

Bryant Frazier v. John Doe; Sentinel Protection LLC; and ACH Management Inc. d/b/a Cities Bar & Grill
Plaintiff says on June 3, 2022, when he attempted to walk through a crowd of people in the restaurant at 8004 W. Broad St., Doe forcefully pushed him and then punched him in the face. Plaintiff says he sustained painful injuries and seeks judgment of $70,000.
Attorneys: Jonathan E. Halperin and Andrew Lucchetti of Halperin Law Center
Filed: 5/26/2023
CL23003792

SRS Distribution Inc. v. Fabling Built, LLC and Casey James Fabling
Plaintiff says it extended credit to defendant for materials and goods, and defendant has failed to pay all monies owed. Plaintiff asks judgment of $26,898.78.
Attorneys: Derek A. Colvin of Waldrop & Colvin
Filed: 5/25/2023
CL23003811

Teresa Lemons, administrator of the estate of Gladys Jones Morris, deceased v. Henrico Care Center LLC d/b/a Henrico Health & Rehabilitation Center; RYBST Central Manager LLC; and Medical Facilities of America IL (49) Limited Partnership d/b/a Henrico Health & Rehabilitation Center
Plaintiff says defendant allowed Morris to fall 11 times, despite having a care plan, and on May 30, 2021, she suffered a neck fracture in a fall, leading to her death on July 31. Plaintiff alleges negligence and seeks judgment of $3 million.
Attorneys: Jonathan M. Petty and Brielle M. Hunt of Phelan Petty
Filed: 5/30/2023
CL23003832

Kapitus Servicing, Inc. v. Freesecorp, Inc. d/b/a Certapro; and Eric Freese
Plaintiff says the Illinois business is in default of a loan agreement and seeks judgment in the principal amount of $152,772.
Attorneys: Nhon H. Nguyen and Timothy A. Hennigan of Nguyen|Ballato
Filed: 5/31/2023
CL23003924

Kapitus Servicing, Inc. v. Barbara Gheen’s Painting, Inc. d/b/a Barbara Gheen’s Painting; Teri Amos; and Lloyd Amos II
Plaintiff says the Ohio business is in default of a loan agreement and seeks judgment in the principal amount of $204,150.
Attorneys: Nhon H. Nguyen and Timothy A. Hennigan of Nguyen|Ballato
Filed: 5/31/2023
CL23003927

Richmond Circuit Court

Richard M. Bateman v. Matthew Allan Dobzyniak, M.D.; Tuckahoe Orthopaedic Associates LTD; Sean Little, P.A.-C.; and Bon Secours Saint Mary’s Hospital
Plaintiff says due to defendants’ negligence during and following a right total hip replacement on June 4, 2021, he developed an infection, and during another surgery on June 26, he lost a lot of blood and went into cardiac arrest, leaving him with serious complications and necessitating further medical procedures. Plaintiff seeks judgment of $2,657,381.26.
Attorneys: Robert J. Haddad of Ruloff, Swain, Haddad, Morecock, Talbert & Woodward
Filed: 5/26/2023
CL23002628

Estes Forwarding Worldwide, LLC v. Responsive Industries, Inc. and Century Floors, LLC
Plaintiff says between August and October 2022, Responsive, a South Carolina business, tendered 32 international shipments of goods under a contract, and that between August and October 2022, defendants tendered 30 shipments of goods for transportation in international and interstate commerce. Plaintiff says defendants have breached contracts and seeks damages of $310,131.80.
Attorneys: John T. Husk and Jeffrey E. Cox of Seaton & Husk
Filed: 5/30/2023
CL23002702

Ibrahim Shteyh v. Virginia Transformers Corporation
Plaintiff, an employee Oct. 31, 2022, until Jan. 31, 2023, alleges that he was wrongfully terminated due to his race and for making complaints to his supervisor and a vice president of racial discrimination, and seeks immediate reinstatement or 12 months front pay of $145,000, backpay, and punitive damages of $1 million.
Attorneys: Lisa K. Lawrence, Barbara Queen and Kaley A. Porter of LawrenceQueen
Filed: 5/31/2023
CL3002710

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