The Docket: Local court roundup for 5.16.24

Chesterfield Circuit Court

Kapitus Servicing, Inc. v. Cajun Gypsy Trading Inc. d/b/a The Container Guys; and Lisa Moye
Plaintiff says the Texas business is in default of a forward purchase agreement and seeks judgment in the principal amount of $114,824.25.
Attorneys: Nhon H. Nguyen and Timothy A. Hennigan of Nguyen|Ballato
Filed: 4/23/2024
CL24001626

Air Tech Solutions, Inc. v. Verity Contractors, LLC
Plaintiff says it previously obtained a judgment against defendant’s predecessor firm, Verity Contracting, LLC, which has only been satisfied in part. Plaintiff seeks judgment of $403,209.
Attorneys: Mark C. Nanavati of Sinnott, Nuckols & Logan
Filed: 5/1/2024
CL24001721

American Express National Bank as attorney in fact for NBSFII Trust v. Odama Construction LLC and Jessica Cabrera
Plaintiff says defendant is in default of a note and seeks judgment of $46,708.31.
Attorneys: Rachel A. Duboff and John M. Lyons of Zwicker & Associates
Filed: 5/7/2024
CL24001783

American Express National Bank v. William C. Johns III a/k/a William C. Johns III; and 4 Johns Investments LLC a/k/a The Floor Store
Plaintiff says defendant is in default of a credit account, owing $229,008.48.
Attorneys: Rachel A. Duboff and John M. Lyons of Zwicker & Associates
Filed: 5/9/2024
CL24001826

Henrico Circuit Court

Karan Gilliam v. Implant Dentistry Associates of Virginia, P.C. d/b/a Clear Choice Dental Implant Center; Negar Massah, DDS; Camron Fakhar, DDS, MS; and Abdallah Awada, DDS, MSD
Plaintiff says without her knowledge, desire or consent, and while she was under anesthesia, defendants extracted more than one of her natural teeth to prepare for implants, leaving her in great pain and distress. Plaintiff seeks damages of $99,999.99.
Attorneys: Irving M. Blank of Blank & Marcus
Filed: 4/25/2024
CL24002728

Brannan, Inc. d/b/a F. Richard Wilton Jr., Inc. v. Berks Construction Group, LLC
Plaintiff says it provided labor to defendant for renovation of a commercial building at 11221 W. Broad St. for Fogo De Chao restaurant, and is owed the principal sum of $57,776.
Attorneys: Derrick E. Rosser
Filed: 4/29/2024
CL24002786

SIMA Financial Group, Inc. and SIMA Benefits Consulting Group, LLC v. James A. Slabaugh; Lucinda R. Slabaugh; Slabaugh Care Solutions, LLC; William C. Wise Jr. a/k/a Willy Wise; Christopher J. Nagle; Proactive Benefits Solutions, LLC; Main Street Benefits, LLC; and Main Street Benefits Transition, LLC
Plaintiff says individual defendants, former employees, have breached non-compete and non-solicitation clauses and have failed to pay their membership percentage to SIMA Benefits Consulting, and that defendant companies are competing directly with plaintiff in the marketplace. Plaintiff seeks damages in excess of $1 million.
Attorneys: C. Charles Setliff and Kevin T. Streit of Setliff Law
Filed: 4/30/2024
CL24002808

Mary Redd v. Equifax Information Services, LLC; Experian Information Solutions, Inc.; Trans Union, LLC; and Glenmore Oaks NRKE LLC
Plaintiff says Glenmore apartments claimed plaintiff owed money that she did not owe and filed incorrect reports with the credit agencies, which did not properly investigate and correct the error, which lowered her credit score and cause emotional distress. Plaintiff seeks compensatory damages of $100,000, and punitive, $350,000.
Attorneys: Henry W. McLaughlin of The Law Office of Henry McLaughlin
Filed: 5/1/2024
CL24002878

5 JAYZ Inc. v. Global Fiber Processing, LLC
Plaintiff says defendant has breached two promissory notes secured beginning in January 2022, and has failed to make payments on the outstanding principal of $1,253,117.86.
Attorneys: Robert W. McFarlaned of McGuireWoods
Filed: 5/2/2024
CL24002887

Katharine M. Long v. Colonial Granite, LLC and Lloyd William Baldwin Jr.
Plaintiff says on Feb. 25, 2023, at 2707 Willard Road, because defendants failed to warn that she should ask for assistance prior to inspecting slabs of granite as they were not arranged and displayed in a safe manner, she sustained permanent injuries. Plaintiff seeks compensatory damages of $2.1 million.
Attorneys: Ashley W. Winsky and Nia E White of Gentry Locke
Filed: 5/2/2024
CL24002897

William C. Wise v. SIMA Financial Group, Inc. and SIMA Benefits Consulting Group, LLC
Plaintiff, a former principal at defendant consulting group, says defendant has failed to remit payments for commissions and earned revenue due to him, and seeks damages of $240,000.
Attorneys: Henry I. Willett III and Harley J. McClellan of Christian & Barton
Filed: 5/3/2024
CL24002911

Richmond Circuit Court

Amy Dixon, administrator of the estate of Rebecca Suzanne Walk, deceased v. Bon Secours-St. Francis Medical Center, L.L.C.; Timothy John Fernstrom, D.O.; Sound Inpatient Physicians, Inc.; Patrick John Gibbons, M.D.; Commonwealth Ear Nose & Throat Specialists; Matthew Boaz Lake, M.D.; and Commonwealth Anesthesia Associates, P.C.
Plaintiff says Walk was admitted to the hospital on July 13, 2022, in acute respiratory failure, and following a tracheotomy on July 28, defendants failed to provide appropriate post-operative care, with Walk dying later that day. Plaintiff alleges negligence and seeks judgment of $5 million.
Attorneys: Howard W.R. Bullock and Edward J. McNelis of Emroch & Kilduff
Filed: 4/29/2024
CL24001893

Kapitus Servicing, Inc. v. BIM Designs, Inc. d/b/a BIM Designs; and Mark Oden
Plaintiff says the Arizona business is in default of a loan agreement and seeks judgment in the principal amount of $204,772.
Attorneys: Nhon H. Nguyen of Nguyen|Ballato
Filed: 4/29/2024
CL24002000

Kapitus Servicing, Inc. v. CLS Electric Corporation d/b/a CLS Electric
Plaintiff says the Arizona business is in default of a loan agreement and seeks judgment in the principal amount of $123,050.
Attorneys: Nhon H. Nguyen of Nguyen|Ballato
Filed: 4/29/2024
CL24002001

Kapitus Servicing, Inc. v. C.A. Foods International Corp dba C.A. Foods International Corp
Plaintiff says the Florida business is in default of two financial agreements and seeks judgment in the principal amount of $174,027.
Attorneys: Nhon H. Nguyen of Nguyen|Ballato
Filed: 4/29/2024
CL24002002

Kapitus Servicing, Inc. v. R&B Homes, LLC d/b/a R&B Homes; and Raymond Erickson
Plaintiff says the Minnesota business is in default of a loan agreement and seeks judgment in the principal amount of $143,325.
Attorneys: Nhon H. Nguyen and Timothy A. Hennigan of Nguyen|Ballato
Filed: 4/30/2024
CL24002001

Kapitus Servicing, Inc. v. Faith Pharmacy, Inc. d/b/a Faith Pharmacy; and Uchenna Mgbelu
Plaintiff says the Atlanta business is in default of a forward purchase agreement and seeks judgment in the principal amount of $195,924.50.
Attorneys: Nhon H. Nguyen and Timothy A. Hennigan of Nguyen|Ballato
Filed: 4/30/2024
CL24002011

Kapitus Servicing, Inc. v. Quail Ridge Senior Development, LLC d/b/a Quail Ridge Senior Development; and Jonathan Levey
Plaintiff says the Oklahoma business is in default of two financial agreements and seeks judgment in the principal amount of $158,440.
Attorneys: Nhon H. Nguyen of Nguyen|Ballato
Filed: 5/6/2024
CL24002041

Wells Fargo Bank National Association v. Kloke Enterprises, Inc. and John G. Kloke
Plaintiff says defendant has breached a credit agreement, with an outstanding balance of $52,084.39.
Attorneys: Patrick R. Kelly of Lewis Brisbois Bisgaard & Smith
Filed: 5/6/2024
CL24002047

Kapitus Servicing, Inc. v. O.T. Etc Inc. d/b/a OT Etc; and Valerie Plummer
Plaintiff says the California business is in default of a forward purchase agreement and seeks judgment in the principal amount of $161,480.
Attorneys: Nhon H. Nguyen of Nguyen|Ballato
Filed: 5/6/2024
CL24002054

Chesterfield Circuit Court

Kapitus Servicing, Inc. v. Cajun Gypsy Trading Inc. d/b/a The Container Guys; and Lisa Moye
Plaintiff says the Texas business is in default of a forward purchase agreement and seeks judgment in the principal amount of $114,824.25.
Attorneys: Nhon H. Nguyen and Timothy A. Hennigan of Nguyen|Ballato
Filed: 4/23/2024
CL24001626

Air Tech Solutions, Inc. v. Verity Contractors, LLC
Plaintiff says it previously obtained a judgment against defendant’s predecessor firm, Verity Contracting, LLC, which has only been satisfied in part. Plaintiff seeks judgment of $403,209.
Attorneys: Mark C. Nanavati of Sinnott, Nuckols & Logan
Filed: 5/1/2024
CL24001721

American Express National Bank as attorney in fact for NBSFII Trust v. Odama Construction LLC and Jessica Cabrera
Plaintiff says defendant is in default of a note and seeks judgment of $46,708.31.
Attorneys: Rachel A. Duboff and John M. Lyons of Zwicker & Associates
Filed: 5/7/2024
CL24001783

American Express National Bank v. William C. Johns III a/k/a William C. Johns III; and 4 Johns Investments LLC a/k/a The Floor Store
Plaintiff says defendant is in default of a credit account, owing $229,008.48.
Attorneys: Rachel A. Duboff and John M. Lyons of Zwicker & Associates
Filed: 5/9/2024
CL24001826

Henrico Circuit Court

Karan Gilliam v. Implant Dentistry Associates of Virginia, P.C. d/b/a Clear Choice Dental Implant Center; Negar Massah, DDS; Camron Fakhar, DDS, MS; and Abdallah Awada, DDS, MSD
Plaintiff says without her knowledge, desire or consent, and while she was under anesthesia, defendants extracted more than one of her natural teeth to prepare for implants, leaving her in great pain and distress. Plaintiff seeks damages of $99,999.99.
Attorneys: Irving M. Blank of Blank & Marcus
Filed: 4/25/2024
CL24002728

Brannan, Inc. d/b/a F. Richard Wilton Jr., Inc. v. Berks Construction Group, LLC
Plaintiff says it provided labor to defendant for renovation of a commercial building at 11221 W. Broad St. for Fogo De Chao restaurant, and is owed the principal sum of $57,776.
Attorneys: Derrick E. Rosser
Filed: 4/29/2024
CL24002786

SIMA Financial Group, Inc. and SIMA Benefits Consulting Group, LLC v. James A. Slabaugh; Lucinda R. Slabaugh; Slabaugh Care Solutions, LLC; William C. Wise Jr. a/k/a Willy Wise; Christopher J. Nagle; Proactive Benefits Solutions, LLC; Main Street Benefits, LLC; and Main Street Benefits Transition, LLC
Plaintiff says individual defendants, former employees, have breached non-compete and non-solicitation clauses and have failed to pay their membership percentage to SIMA Benefits Consulting, and that defendant companies are competing directly with plaintiff in the marketplace. Plaintiff seeks damages in excess of $1 million.
Attorneys: C. Charles Setliff and Kevin T. Streit of Setliff Law
Filed: 4/30/2024
CL24002808

Mary Redd v. Equifax Information Services, LLC; Experian Information Solutions, Inc.; Trans Union, LLC; and Glenmore Oaks NRKE LLC
Plaintiff says Glenmore apartments claimed plaintiff owed money that she did not owe and filed incorrect reports with the credit agencies, which did not properly investigate and correct the error, which lowered her credit score and cause emotional distress. Plaintiff seeks compensatory damages of $100,000, and punitive, $350,000.
Attorneys: Henry W. McLaughlin of The Law Office of Henry McLaughlin
Filed: 5/1/2024
CL24002878

5 JAYZ Inc. v. Global Fiber Processing, LLC
Plaintiff says defendant has breached two promissory notes secured beginning in January 2022, and has failed to make payments on the outstanding principal of $1,253,117.86.
Attorneys: Robert W. McFarlaned of McGuireWoods
Filed: 5/2/2024
CL24002887

Katharine M. Long v. Colonial Granite, LLC and Lloyd William Baldwin Jr.
Plaintiff says on Feb. 25, 2023, at 2707 Willard Road, because defendants failed to warn that she should ask for assistance prior to inspecting slabs of granite as they were not arranged and displayed in a safe manner, she sustained permanent injuries. Plaintiff seeks compensatory damages of $2.1 million.
Attorneys: Ashley W. Winsky and Nia E White of Gentry Locke
Filed: 5/2/2024
CL24002897

William C. Wise v. SIMA Financial Group, Inc. and SIMA Benefits Consulting Group, LLC
Plaintiff, a former principal at defendant consulting group, says defendant has failed to remit payments for commissions and earned revenue due to him, and seeks damages of $240,000.
Attorneys: Henry I. Willett III and Harley J. McClellan of Christian & Barton
Filed: 5/3/2024
CL24002911

Richmond Circuit Court

Amy Dixon, administrator of the estate of Rebecca Suzanne Walk, deceased v. Bon Secours-St. Francis Medical Center, L.L.C.; Timothy John Fernstrom, D.O.; Sound Inpatient Physicians, Inc.; Patrick John Gibbons, M.D.; Commonwealth Ear Nose & Throat Specialists; Matthew Boaz Lake, M.D.; and Commonwealth Anesthesia Associates, P.C.
Plaintiff says Walk was admitted to the hospital on July 13, 2022, in acute respiratory failure, and following a tracheotomy on July 28, defendants failed to provide appropriate post-operative care, with Walk dying later that day. Plaintiff alleges negligence and seeks judgment of $5 million.
Attorneys: Howard W.R. Bullock and Edward J. McNelis of Emroch & Kilduff
Filed: 4/29/2024
CL24001893

Kapitus Servicing, Inc. v. BIM Designs, Inc. d/b/a BIM Designs; and Mark Oden
Plaintiff says the Arizona business is in default of a loan agreement and seeks judgment in the principal amount of $204,772.
Attorneys: Nhon H. Nguyen of Nguyen|Ballato
Filed: 4/29/2024
CL24002000

Kapitus Servicing, Inc. v. CLS Electric Corporation d/b/a CLS Electric
Plaintiff says the Arizona business is in default of a loan agreement and seeks judgment in the principal amount of $123,050.
Attorneys: Nhon H. Nguyen of Nguyen|Ballato
Filed: 4/29/2024
CL24002001

Kapitus Servicing, Inc. v. C.A. Foods International Corp dba C.A. Foods International Corp
Plaintiff says the Florida business is in default of two financial agreements and seeks judgment in the principal amount of $174,027.
Attorneys: Nhon H. Nguyen of Nguyen|Ballato
Filed: 4/29/2024
CL24002002

Kapitus Servicing, Inc. v. R&B Homes, LLC d/b/a R&B Homes; and Raymond Erickson
Plaintiff says the Minnesota business is in default of a loan agreement and seeks judgment in the principal amount of $143,325.
Attorneys: Nhon H. Nguyen and Timothy A. Hennigan of Nguyen|Ballato
Filed: 4/30/2024
CL24002001

Kapitus Servicing, Inc. v. Faith Pharmacy, Inc. d/b/a Faith Pharmacy; and Uchenna Mgbelu
Plaintiff says the Atlanta business is in default of a forward purchase agreement and seeks judgment in the principal amount of $195,924.50.
Attorneys: Nhon H. Nguyen and Timothy A. Hennigan of Nguyen|Ballato
Filed: 4/30/2024
CL24002011

Kapitus Servicing, Inc. v. Quail Ridge Senior Development, LLC d/b/a Quail Ridge Senior Development; and Jonathan Levey
Plaintiff says the Oklahoma business is in default of two financial agreements and seeks judgment in the principal amount of $158,440.
Attorneys: Nhon H. Nguyen of Nguyen|Ballato
Filed: 5/6/2024
CL24002041

Wells Fargo Bank National Association v. Kloke Enterprises, Inc. and John G. Kloke
Plaintiff says defendant has breached a credit agreement, with an outstanding balance of $52,084.39.
Attorneys: Patrick R. Kelly of Lewis Brisbois Bisgaard & Smith
Filed: 5/6/2024
CL24002047

Kapitus Servicing, Inc. v. O.T. Etc Inc. d/b/a OT Etc; and Valerie Plummer
Plaintiff says the California business is in default of a forward purchase agreement and seeks judgment in the principal amount of $161,480.
Attorneys: Nhon H. Nguyen of Nguyen|Ballato
Filed: 5/6/2024
CL24002054

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