Citation Codes Equivalent Citations citation codes Docket Number Action No. 3:08-CV-690. Judges James Randolph Spencer See more information ... Smart Summary Please sign up to generate summary. KIM PARKMAN, et al., Plaintiffs, v. CARLTON NICHOLAS ELAM, et al., Defendants. ORDER JAMES SPENCER, District Judge THIS MATTER is before the Court on Defendant's Motion to Dismiss Amended Complaint (Docket No. 26), filed January 26, 2009. Defendants attack Plaintiffs' claims for Constructive Fraud, Fraud and Misrepresentation, Attorneys' Fees, and Punitive Damages. Plaintiffs voluntarily withdrew their cause of action based upon Virginia's Consumer Protection Act, and Defendants abandoned their challenge of Plaintiffs' "Veterinary Malpractice" claim. Upon due consideration, for the reasons stated from the bench and provided in the Memorandum Opinion accompanying this Order, Defendants' Motion is hereby GRANTED. Plaintiffs' Constructive Fraud, Fraud and Misrepresentation, Punitive Damages, and Attorneys' Fees claims are hereby DISMISSED. Let the Clerk send a copy of this Order to all counsel of record. It is SO ORDERED.