The Docket: Local Court Roundup for 3/31/22

Chesterfield Circuit Court

Eagle Beverage and Accessories Products, LLC v. Zima-Pack, LLC
Plaintiff alleges that Chester-based defendant failed to deliver customer equipment for plaintiff’s Starbucks contract involving a 6-ounce vaporizer-type cap, causing it to lose the $10 million manufacturing contract per year, and failed to perform Plaintiff’s interim contract with Georgia Pacific, under which Plaintiff would assist in the manufacture of hand sanitizer. The plaintiff seeks a judgment of $1 million.
Attorneys: John S. Buford
Filed: 09/03/2022
CL22000769

Kapitus Servicing, Inc. c. Construction Services Montiel, Inc. d/b/a Construction Services Montiel; and Ishmael Montiel Carbajah
Plaintiff says the Florida company is in default of a forward purchase agreement and seeks judgment for the principal amount of $131,534.11.
Lawyers: Nhon H. Nguyen and Charles D. Waters of Nguyen|Ballato
Filed: 03/10/2022
CL22000799

Kapitus Servicing, Inc. c. G-5 Entertainment Group, LLC d/b/a G-5 Entertainment Group; and Joseph Gousman
Plaintiff asserts that the Florida company is in default of a future receivables factoring agreement and is seeking judgment in the principal amount of $61,313.
Attorneys: Nhon H. Nguyen, Timothy A. Hennigan and Charles D. Waters of Nguyen|Ballato
Filed: 03/10/2022
CL22000803

Kapitus Servicing, Inc. c. Pharma Tech Solutions, Inc. d/b/a Pharma Tech Direct; PharmaTech Direct Corp. d/b/a Pharma Tech Direct; and Keith Berman
Plaintiff claims the California company is in default of a forward purchase agreement and seeks judgment in principal amount of $138,290.
Lawyers: Nhon H. Nguyen and Charles D. Waters of Nguyen|Ballato
Filed: 03/10/2022
CL22000804

Kapitus Servicing, Inc. c. Florida Cabinets Direct, LLC d/b/a Florida Cabinets Direct; and Daniel Holloway
Plaintiff claims the Florida company is in default of a forward purchase agreement and seeks judgment in principal amount of $46,045.
Lawyers: Nhon H. Nguyen and Charles D. Waters of Nguyen|Ballato
Filed: 03/10/2022
CL22000805

Kapitus Servicing, Inc. c. Anchor Bolt Excavating & Foundations, Inc. d/b/a Anchor Bolt Excavating & Foundations; and Michael Barba
The plaintiff claims that the Massachusetts company is in default of two financial agreements and seeks judgment in the principal amount of $48,422.
Lawyers: Nhon H. Nguyen and Charles D. Waters of Nguyen|Ballato
Filed: 03/10/2022
CL22000806

Kapitus Servicing, Inc. c. American Roofing of Jacksonville LLC d/b/a American Roofing of Jacksonville; Christopher Denis; and Daniel Kinkel
Plaintiff claims the Florida company is in default of a forward purchase agreement and seeks judgment in principal amount of $97,425.
Lawyers: Nhon H. Nguyen and Charles D. Waters of Nguyen|Ballato
Filed: 03/10/2022
CL22000807

BRE Program Administrative Services, LLC c. Interventional Pain and Spine Specialists, PLLC
Plaintiff alleges that the Chester Company failed to pay the bills for the services of trained and qualified personnel hired through BRE, and seeks damages in the amount of $169,279.50.
Lawyers: F. Douglas Ross and Matthew B Kapuscinski of Odin, Feldman & Pittleman
Filed: 03/11/2022
CL22000816

Sentry Insurance Company c/o Stephenson Printing Inc. c. Sappi North America, Inc..
Plaintiff alleges that Defendant provided defective and/or mislabeled paper, which caused a paper jam at its insured’s Heidelberg print shop on/around June 27, 2018, causing significant property damage. The plaintiff seeks a judgment of $70,297.11.
Lawyers: P. George Eliades II of Eliades Law Firm
Filed: 03/11/2022
CL22000824

Kathy Cimburke v Wal-Mart Stores, Inc.
The plaintiff says she was brought into a hazard near the e-mobility scooters at the 12000 Iron Bridge Road store, suffering a torn rotator cuff, and seeks a judgment of $200,000.
Lawyers: Tyler W. Crowe of Hill and Rainey
Filed: 03/15/2022
CL22000843

Henrico Circuit Court

EAstern Hospitality, LLC c. JAI Gajanand Properties LLC; Henid Shah; and Holiday Inn Hospitality LLC
Plaintiff says Defendant Shah was employed as General Manager of the 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 through a company he founded, Holiday Inn Hospitality. Plaintiff says he obtained Richmond Circuit Court judgment against Shah and HIH for $726,521.21 but did not collect, and that on/about March 8, 2019, Shah wrote nine checks to Defendant JHA to conceal stolen funds transfer amounts and to conceal activities related to tax evasion and money laundering when he knew he would be investigated for theft and that he was about to flee to India. The plaintiff seeks a judgment of $66,000.
Lawyers: Mark Schmidt
Filed: 02/23/2022
CL22001124

John D. Cumberland c. 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. The plaintiff asserts that the defendants failed to preserve his ability to seek a variation of spousal support due to a change in circumstances, namely retirement, and that due to the defendants’ breach, he is unable to ask the court to reduce his payment by $7,898/month from his expected amount. lifetime, or approximately $1,592,236. The plaintiff alleges professional misconduct and breach of contract and seeks a judgment of $2 million.
Attorneys: Thomas H. Roberts and Jonathan M. Arthur of Thomas H. Roberts & Associates
Filed: 03/10/2022
CL22001513

Kapitus Servicing, Inc. c. F&D Hardwood Floors, LLC d/b/a F&D Hardwood Floors LLC; and Florian Dejeu
The plaintiff claims that the Georgian company 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: 03/16/2022
CL22001662

Kapitus Servicing, Inc. v. Jesse Ferreira d/b/a 808 Automotive & Performance
Plaintiff claims the Nevada company is in default of a future receivables factoring agreement and is seeking judgment in principal amount of $30,565.
Attorneys: Nhon H. Nguyen, Timothy A. Hennigan and Charles D. Waters of Nguyen|Ballato
Filed: 03/16/2022
CL22001663

Kapitus Servicing, Inc. c. 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 is seeking judgment for the principal amount of $37,155.
Lawyers: Nhon H. Nguyen and Charles D. Waters of Nguyen|Ballato
Filed: 03/16/2022
CL22001664

Colonial Funding Network, Inc., as authorized contracting agent for Strategic Funding Source, Inc. c. Boudreaux’s Cajun Trio, LLC d/b/a Boudreaux’s Cajun Trio; and Stephen Blake Simon
Plaintiff claims the Louisiana company is in default of a loan agreement and seeks judgment in principal amount of $40,798.
Attorneys: Nhon H. Nguyen, Timothy A. Hennigan and Charles D. Waters of Nguyen|Ballato
Filed: 03/16/2022
CL22001667

Richmond Circuit Court

Orlando Vega vs. Zahir Zoe Jimenez-Tosado, MD; Lisa Jenkins, MD; Benjamin Zev Galper, MD; and Mid-Atlantic Permanente Medical Group, PC
Plaintiff alleges Defendants, in visits beginning January 2019, failed to respond appropriately to his family history and complaints of pain, heartbeat and shortness of breath, failed to conduct studies diagnostics to identify or rule out heart disease and did not 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 damage permanent in his heart. The plaintiff seeks a judgment of $30 million.
Attorneys: Malcolm P. McConnell III and Derrick L. Walker of Allen, Allen, Allen & Allen
Filed: 03/22/2022
CL22001081

Anthony Head, administrator of the estate of Layla Head, died c. 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. as 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
The plaintiff claims that the defendants provided 24/7 in-home care to the deceased and knew that due to Head’s vulnerability to seizures, constant supervision was necessary. The plaintiff says Adams left Head upstairs in the tub while she descended for some time, and that Head suffered a seizure and drowned on July 13, 2020. The plaintiff seeks a judgment of 3 millions of dollars.
Attorneys: Malcolm P. McConnell III and David M. Sturm of Allen, Allen, Allen & Allen
Filed: 03/25/2022
CL22001269

Kelly Lewis vs. Outback Steakhouse of Florida, Inc.
The plaintiff says that on August 16, 2021, she slipped on a puddle in the restaurant formed from a leaky ceiling, fell and suffered injuries for which she seeks a judgment of $150,000.
Lawyers: James B. Feinman and Blake K. Huddleston of the Law Offices of James B. Feinman
Filed: 03/22/2022
CL22001280

Anissa Pryce vs. Atmiya Woodbridge LLC d/b/a Quality Inn Woodbridge; Suhradam Inc. and Choice Hotels International, Inc.
The plaintiff states that on/around June 1, 2020, while she was using the shower in her bedroom, the shower rod spontaneously detached from the wall, hitting her in the head and shoulder and causing her to fall and sustain serious injuries. The plaintiff seeks a judgment of $300,000.
Lawyers: Daniel Renfro of Renfro & Renfro
Filed: 03/25/2022
CL22001282

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