The Docket: Local court roundup for 8.15.24

Chesterfield Circuit Court

Kapitus Servicing, Inc. v. DeSantis Meat Market & Deli Inc. d/b/a DeSantis Meat Market & Deli; and Edward DeSantis
Plaintiff says the New York business is in default of a forward purchase agreement and seeks judgment in the principal amount of $145.753.75.
Attorneys: Nhon H. Nguyen of Nguyen|Ballato
Filed: 8/2/2024
CL24002961

Kapitus Servicing, Inc. v. Gbogbara, Inc. d/b/a King Pharmacy; and Lenyie Ngbogbara
Plaintiff says the Michigan business is in default of a forward purchase agreement and seeks judgment in the principal amount of $150,192.
Attorneys: Nhon H. Nguyen of Nguyen|Ballato
Filed: 8/2/2024
CL24002963

Kapitus Servicing, Inc. v. Gus’s No Fuss Pool Service, LLC d/b/a Gus’s No Fuss Pool Service; and Harvey Peace
Plaintiff says the Florida business is in default of a forward purchase agreement and seeks judgment in the principal amount of $122,072.
Attorneys: Nhon H. Nguyen of Nguyen|Ballato
Filed: 8/2/2024
CL24002966

CBL Services, LLC, assignee of Tribute Capital Partners, LLC, assignee of North Mill Equipment Finance, LLC v. Runway Transit, LLC and Donte Lamont Threatt
Plaintiff says defendant is in breach of a truck finance agreement and seeks judgment of $51,194.30.
Attorneys: C. Carter Wailes of Chaplin & Gonet
Filed: 8/5/2024
CL24002980

Kapitus Servicing, Inc. v. Electric P.S., Inc. d/b/a Electric P S; and Aza Cook
Plaintiff says the Maryland business is in default of a loan agreement and seeks judgment in the principal balance of $253,600.
Attorneys: Nhon H. Nguyen of Nguyen|Ballato
Filed: 8/6/2024
CL24003012

Henrico Circuit Court

Blue Market, LLC; Travis Morrel Stewart; and Red Legacy Partners, LLC v. Big Steel, LLC and Oliver Bigler
Plaintiffs say defendants breached an agreement by competing for digital marketing services referrals with Paychex, Inc., despite having agreed not to do so, and seek damages of $172,000, and punitive, $300,000.
Attorneys: Travis L. Richins of Richins Law Group
Filed: 7/31/2024
CL24004963

RCA Laboratory Services, LLC d/b/a Genetworx v. Integra Care Corp., individually and t/a 11 nursing home and assisted living facilities
Plaintiff says it provided COVID-19 testing services to the Pennsylvania-based business with facilities in Maryland and Pennsylvania, and has not been paid $2,041,895 due and owing.
Attorneys: Robert T. Hicks and Allison K. Riddle of Bean, Kinney & Korman; and Philip S. Rosenzweig of Silverang, Rosenzweig & Haltzman
Filed: 7/31/2024
CL24004982

Hunter Scott v. Southern Companies of VA, Inc.
Plaintiff says defendant has failed to compensate him for repairing and managing roof repairs as an independent contractor and seeks compensation of $60,000, and punitive, $150,000.
Attorneys: Benjamin R. Rand of Blackburn, Conte, Schilling & Click
Filed: 7/31/2024
CL24005157

RCA Laboratory Services, LLC d/b/a Genetworx v. The Virginia Department of Corrections
Plaintiff says defendant owes $108,120 for COVID-19 testing services.
Attorneys: Robert T. Hicks and Allison K. Riddle of Bean, Kinney & Korman; and Philip S. Rosenzweig of Silverang, Rosenzweig & Haltzman
Filed: 8/1/2024
CL24004996

Madelyn Goodman, a minor by and through her mother and next friend, Jill D. Goodman v. Michael E. Miller, D.D.S. and Commonwealth Oral & Facial Surgery, D.D.S.
Plaintiff says on Aug. 5, 2022, during removal of two of Madelyn’s wisdom teeth, defendants inadvertently burned her lower right lip area with cautery, leaving her with a permanent scar. Plaintiff seeks judgment of $500,000.
Attorneys: Anthony M. “Tony” Russell and Les S. Bowers of MichieHamlett
Filed: 8/2/2024
CL24005031

Robinette Walker v. HomeGoods, LLC; HomeGoodsVA, LLC; The TJX Companies, Inc.; and The TJX Companies Inc. t/a HomeGoods
Plaintiff says on/about Aug. 9, 2022, at a store in Stafford and as a result of defendants’ allowing a metal plate to be installed and recessed below the floor surface, she fell, sustaining serious injury. Plaintiff claims damages of $750,000.
Attorneys: Donald J. Gee of The Gee Law Firm
Filed: 8/5/2024
CL24005033

Richmond Circuit Court

Antonio Pauley v. Kyle Resendes, M.D.; Juan A. Morin, P.A.; and Emergency Coverage Corporation
Plaintiff, 18, says on/about Aug. 22, 2022, he visited the emergency room at CJW Medical Center complaining of abdominal pain, and because defendants negligently diagnosed him as suffering from viral enteritis and failed to rule out other conditions by exam or imaging when he was suffering from testicular torsion, he lost one of his testicles on Aug. 25. Plaintiff seeks judgment of $3 million.
Attorneys: William B. Kilduff of Emroch & Kilduff
Filed: 7/30/2024
CL24003171

Kapitus Servicing, Inc. v. Budget Appliances & Mattresses Inc. d/b/a Budget Appliances & Mattresses; and Mark Hassan
Plaintiff says the Michigan business is in default of a forward purchase agreement and seeks judgment in the principal amount of $131,160.
Attorneys: Nhon H. Nguyen of Nguyen|Ballato
Filed: 7/30/2024
CL24003206

Kapitus Servicing, Inc. v. A/C Comfort Systems, Inc. d/b/a A/C Comfort Systems; and Carla Jones
Plaintiff says the Florida business is in default of a forward purchase agreement and seeks judgment in the principal amount of $140,459.
Attorneys: Nhon H. Nguyen of Nguyen|Ballato
Filed: 7/30/2024
CL24003207

ThompsonMcMullan, P.C. v. Vivos Acquisitions, LLC; Naveen Doki; Silvija Valleru; and Suresh Venkat Doki
Plaintiff says it provided legal services related to an appeal before the Fourth Circuit, and defendants have breached the agreement. Plaintiff seeks judgment of $71,735.16.
Attorneys: William W. Tunner of ThompsonMcMullan
Filed: 7/31/2024
CL24003213

Tiffany Felder v. CSX Corporation; CSX Transportation, Inc.; and CSX Realty Development LLC
Plaintiff says on Aug. 4, 2022, she was operating a moped traveling westbound on Dock Street approaching its intersection with Pear Street, and because defendant failed to maintain the easement and the real property along Dock Street, a motorist pulled out in front of her at the intersection, failing to see her because overgrown vegetation blocked sight lines and causing a crash that resulted in severe and permanent injuries. Plaintiff seeks judgment of $8 million.
Attorneys: Brody H. Reid of Reid Goodwin; and Justin M. Sheldon of Breit Biniazan
Filed: 8/2/2024
CL24003407

Kevin Cook and Cabell Goodman v. Advon Corporation
Cook says he entered into an employment contract with defendant in March 2021, as senior project manager for projects in Virginia, including McGuire VA Women’s Health Clinic and the McGuire VA Area 4A Project, and in addition to salary and a signing bonus, defendant agreed to compensate him by paying a bonus equal to “5% of the project net profit at project completion.” Goodman says in March 2021 he was hired as superintendent of defendant’s projects in Virginia, including those at McGuire, for the same terms. Plaintiffs say defendant has failed to pay the bonuses and has breached the employment contracts, with Cook entitled to an award of not less than $460,755, and Goodman, not less than $240,000.
Attorneys: Blackwell N. Shelley Jr., Tim Schulte and Lila S. Shelley of Shelley Cupp Schulte
Filed: 8/5/2024
CL24003423

Karen M. Sposa v. Jonathan R. Noble, O.D.; Joseph D. Iuorno, M.D.; and Commonwealth Eye Care Associates, LLC
Plaintiff says on/about May 24, 2023, Iuorno performed cataract surgery on her left eye, and on/about May 25, Noble, under the supervision of Iuorno, negligently performed a subsequent surgical procedure on the eye, and she suffered an injury, and that defendants failed to perform adequate and timely exams to diagnose and treat an infection, and as a result she is permanently blind in her left eye. Plaintiff asks judgment of $2,550,000.
Attorneys: John H. Taylor of FloranceGordonBrown
Filed: 8/5/2024
CL24003426

Kapitus Servicing, Inc. v. Better by Design, LLC d/b/a Better by Design; and EW Acquisition, LLC d/b/a Better by Design
Plaintiff says the Wisconsin businesses are in default of a loan agreement and seeks judgment in the principal amount of $145,433.
Attorneys: Nhon H. Nguyen of Nguyen|Ballato
Filed: 8/7/2024
CL24003441

Kapitus Servicing, Inc. v. Federal Uniform LLC d/b/a Federal Uniform; and Areill Ives
Plaintiff says the Illinois business is in default of a loan agreement and seeks judgment in the principal balance of $450,828.
Attorneys: Nhon H. Nguyen of Nguyen|Ballato
Filed: 8/7/2024
CL24003446

Chesterfield Circuit Court

Kapitus Servicing, Inc. v. DeSantis Meat Market & Deli Inc. d/b/a DeSantis Meat Market & Deli; and Edward DeSantis
Plaintiff says the New York business is in default of a forward purchase agreement and seeks judgment in the principal amount of $145.753.75.
Attorneys: Nhon H. Nguyen of Nguyen|Ballato
Filed: 8/2/2024
CL24002961

Kapitus Servicing, Inc. v. Gbogbara, Inc. d/b/a King Pharmacy; and Lenyie Ngbogbara
Plaintiff says the Michigan business is in default of a forward purchase agreement and seeks judgment in the principal amount of $150,192.
Attorneys: Nhon H. Nguyen of Nguyen|Ballato
Filed: 8/2/2024
CL24002963

Kapitus Servicing, Inc. v. Gus’s No Fuss Pool Service, LLC d/b/a Gus’s No Fuss Pool Service; and Harvey Peace
Plaintiff says the Florida business is in default of a forward purchase agreement and seeks judgment in the principal amount of $122,072.
Attorneys: Nhon H. Nguyen of Nguyen|Ballato
Filed: 8/2/2024
CL24002966

CBL Services, LLC, assignee of Tribute Capital Partners, LLC, assignee of North Mill Equipment Finance, LLC v. Runway Transit, LLC and Donte Lamont Threatt
Plaintiff says defendant is in breach of a truck finance agreement and seeks judgment of $51,194.30.
Attorneys: C. Carter Wailes of Chaplin & Gonet
Filed: 8/5/2024
CL24002980

Kapitus Servicing, Inc. v. Electric P.S., Inc. d/b/a Electric P S; and Aza Cook
Plaintiff says the Maryland business is in default of a loan agreement and seeks judgment in the principal balance of $253,600.
Attorneys: Nhon H. Nguyen of Nguyen|Ballato
Filed: 8/6/2024
CL24003012

Henrico Circuit Court

Blue Market, LLC; Travis Morrel Stewart; and Red Legacy Partners, LLC v. Big Steel, LLC and Oliver Bigler
Plaintiffs say defendants breached an agreement by competing for digital marketing services referrals with Paychex, Inc., despite having agreed not to do so, and seek damages of $172,000, and punitive, $300,000.
Attorneys: Travis L. Richins of Richins Law Group
Filed: 7/31/2024
CL24004963

RCA Laboratory Services, LLC d/b/a Genetworx v. Integra Care Corp., individually and t/a 11 nursing home and assisted living facilities
Plaintiff says it provided COVID-19 testing services to the Pennsylvania-based business with facilities in Maryland and Pennsylvania, and has not been paid $2,041,895 due and owing.
Attorneys: Robert T. Hicks and Allison K. Riddle of Bean, Kinney & Korman; and Philip S. Rosenzweig of Silverang, Rosenzweig & Haltzman
Filed: 7/31/2024
CL24004982

Hunter Scott v. Southern Companies of VA, Inc.
Plaintiff says defendant has failed to compensate him for repairing and managing roof repairs as an independent contractor and seeks compensation of $60,000, and punitive, $150,000.
Attorneys: Benjamin R. Rand of Blackburn, Conte, Schilling & Click
Filed: 7/31/2024
CL24005157

RCA Laboratory Services, LLC d/b/a Genetworx v. The Virginia Department of Corrections
Plaintiff says defendant owes $108,120 for COVID-19 testing services.
Attorneys: Robert T. Hicks and Allison K. Riddle of Bean, Kinney & Korman; and Philip S. Rosenzweig of Silverang, Rosenzweig & Haltzman
Filed: 8/1/2024
CL24004996

Madelyn Goodman, a minor by and through her mother and next friend, Jill D. Goodman v. Michael E. Miller, D.D.S. and Commonwealth Oral & Facial Surgery, D.D.S.
Plaintiff says on Aug. 5, 2022, during removal of two of Madelyn’s wisdom teeth, defendants inadvertently burned her lower right lip area with cautery, leaving her with a permanent scar. Plaintiff seeks judgment of $500,000.
Attorneys: Anthony M. “Tony” Russell and Les S. Bowers of MichieHamlett
Filed: 8/2/2024
CL24005031

Robinette Walker v. HomeGoods, LLC; HomeGoodsVA, LLC; The TJX Companies, Inc.; and The TJX Companies Inc. t/a HomeGoods
Plaintiff says on/about Aug. 9, 2022, at a store in Stafford and as a result of defendants’ allowing a metal plate to be installed and recessed below the floor surface, she fell, sustaining serious injury. Plaintiff claims damages of $750,000.
Attorneys: Donald J. Gee of The Gee Law Firm
Filed: 8/5/2024
CL24005033

Richmond Circuit Court

Antonio Pauley v. Kyle Resendes, M.D.; Juan A. Morin, P.A.; and Emergency Coverage Corporation
Plaintiff, 18, says on/about Aug. 22, 2022, he visited the emergency room at CJW Medical Center complaining of abdominal pain, and because defendants negligently diagnosed him as suffering from viral enteritis and failed to rule out other conditions by exam or imaging when he was suffering from testicular torsion, he lost one of his testicles on Aug. 25. Plaintiff seeks judgment of $3 million.
Attorneys: William B. Kilduff of Emroch & Kilduff
Filed: 7/30/2024
CL24003171

Kapitus Servicing, Inc. v. Budget Appliances & Mattresses Inc. d/b/a Budget Appliances & Mattresses; and Mark Hassan
Plaintiff says the Michigan business is in default of a forward purchase agreement and seeks judgment in the principal amount of $131,160.
Attorneys: Nhon H. Nguyen of Nguyen|Ballato
Filed: 7/30/2024
CL24003206

Kapitus Servicing, Inc. v. A/C Comfort Systems, Inc. d/b/a A/C Comfort Systems; and Carla Jones
Plaintiff says the Florida business is in default of a forward purchase agreement and seeks judgment in the principal amount of $140,459.
Attorneys: Nhon H. Nguyen of Nguyen|Ballato
Filed: 7/30/2024
CL24003207

ThompsonMcMullan, P.C. v. Vivos Acquisitions, LLC; Naveen Doki; Silvija Valleru; and Suresh Venkat Doki
Plaintiff says it provided legal services related to an appeal before the Fourth Circuit, and defendants have breached the agreement. Plaintiff seeks judgment of $71,735.16.
Attorneys: William W. Tunner of ThompsonMcMullan
Filed: 7/31/2024
CL24003213

Tiffany Felder v. CSX Corporation; CSX Transportation, Inc.; and CSX Realty Development LLC
Plaintiff says on Aug. 4, 2022, she was operating a moped traveling westbound on Dock Street approaching its intersection with Pear Street, and because defendant failed to maintain the easement and the real property along Dock Street, a motorist pulled out in front of her at the intersection, failing to see her because overgrown vegetation blocked sight lines and causing a crash that resulted in severe and permanent injuries. Plaintiff seeks judgment of $8 million.
Attorneys: Brody H. Reid of Reid Goodwin; and Justin M. Sheldon of Breit Biniazan
Filed: 8/2/2024
CL24003407

Kevin Cook and Cabell Goodman v. Advon Corporation
Cook says he entered into an employment contract with defendant in March 2021, as senior project manager for projects in Virginia, including McGuire VA Women’s Health Clinic and the McGuire VA Area 4A Project, and in addition to salary and a signing bonus, defendant agreed to compensate him by paying a bonus equal to “5% of the project net profit at project completion.” Goodman says in March 2021 he was hired as superintendent of defendant’s projects in Virginia, including those at McGuire, for the same terms. Plaintiffs say defendant has failed to pay the bonuses and has breached the employment contracts, with Cook entitled to an award of not less than $460,755, and Goodman, not less than $240,000.
Attorneys: Blackwell N. Shelley Jr., Tim Schulte and Lila S. Shelley of Shelley Cupp Schulte
Filed: 8/5/2024
CL24003423

Karen M. Sposa v. Jonathan R. Noble, O.D.; Joseph D. Iuorno, M.D.; and Commonwealth Eye Care Associates, LLC
Plaintiff says on/about May 24, 2023, Iuorno performed cataract surgery on her left eye, and on/about May 25, Noble, under the supervision of Iuorno, negligently performed a subsequent surgical procedure on the eye, and she suffered an injury, and that defendants failed to perform adequate and timely exams to diagnose and treat an infection, and as a result she is permanently blind in her left eye. Plaintiff asks judgment of $2,550,000.
Attorneys: John H. Taylor of FloranceGordonBrown
Filed: 8/5/2024
CL24003426

Kapitus Servicing, Inc. v. Better by Design, LLC d/b/a Better by Design; and EW Acquisition, LLC d/b/a Better by Design
Plaintiff says the Wisconsin businesses are in default of a loan agreement and seeks judgment in the principal amount of $145,433.
Attorneys: Nhon H. Nguyen of Nguyen|Ballato
Filed: 8/7/2024
CL24003441

Kapitus Servicing, Inc. v. Federal Uniform LLC d/b/a Federal Uniform; and Areill Ives
Plaintiff says the Illinois business is in default of a loan agreement and seeks judgment in the principal balance of $450,828.
Attorneys: Nhon H. Nguyen of Nguyen|Ballato
Filed: 8/7/2024
CL24003446

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