MOM'S, INC. v. WEBER

No. CIV.A. 2:96cv246.

82 F.Supp.2d 493 (2000)

MOM'S, INC.; John Robert Colaprete; Theodore Mazur Bonk; Edy Miller; Jennifer Marie Miller, a minor by Edy Miller, her parent and next friend; Richard Scott Miller II, a minor by Edy Miller, his parent and next friend; and Richard Scott Miller, Plaintiffs, v. JUDITH WEBER, individually and as Special Agent for the Department of Alcoholic Beverage Control of Virginia; Clyde Santana, individually and as Special Agent for the Department of Alcoholic Beverage Control of Virginia; Bob Dunford, individually and as Special Agent for the Department of Alcoholic Beverage Control of Virginia; City of Virginia Beach; City of Norfolk; Unknown Federal Agents; Unknown State Agents; Unknown City of Virginia Beach Agents; Unknown City of Norfolk Agents; United States of America; Cheryl L. Kast, individually and as Group Manager for the Internal Revenue Service; John C. McDougal, individually and as Special Litigation Assistant for the Internal Revenue Service; Carol E. Willman, individually and as Special Agent for the Internal Revenue Service; Robert E. Burgess, individually and as Special Agent for the Internal Revenue Service; Arlene T. Campsen, individually and as Special Agent for the Internal Revenue Service; Timothy Daruk, individually and as Special Agent for the Internal Revenue Service; Michael E. Dunlow, individually and as Special Agent for the Internal Revenue Service; Donna L. Eason, individually and as Tax Fraud Investigative Aide for the Internal Revenue Service; George T. Overstreet, individually and as Special Agent for the Internal Revenue Service; John Brink, individually and as Special Agent for the Internal Revenue Service; Leslie L. Lilley; Dave Altman, individually and as Special Agent for the Department of Alcoholic Beverage Control of Virginia; Daryl Ware, individually and as Special Agent for the Department of Alcoholic Beverage Control of Virginia; James Edwards, individually and as Special Agent for the Department of Alcoholic Beverage Control of Virginia; Roger Warren, individually and as Special Agent for the Department of Alcoholic Beverage Control of Virginia; David Huff, individually and as Special Agent for the Department of Alcoholic Beverage Control of Virginia; Craig Carmen, individually and as Special Agent for the Department of Alcoholic Beverage Control of Virginia; Joyce Sutton, individually and as Special Agent for the Department of Alcoholic Beverage Control of Virginia; Leon Coleman, individually and as Special Agent for the Department of Alcoholic Beverage Control of Virginia; David Libengood, individually and as Special Agent for the Department of Alcoholic Beverage Control of Virginia; and Bobby Bass, individually and as Special Agent for the Department of Alcoholic Beverage Control of Virginia, Defendants.

United States District Court, E.D. Virginia. Norfolk Division.

January 13, 2000.


Attorney(s) appearing for the Case

Robert John Haddad, Shuttleworth, Ruloff & Giordano, Virginia Beach, VA, James Calvin Breeden, Hubbard, Breeden & Terry, Irvington, VA, Alan W. Clark, Chassell, MI, Kenneth William Stolle, Bennett & Stolle, Virginia Beach, VA, for plaintiffs.

John Patrick Griffin, Office of the Attorney General, Richmond, VA, Michael King Jackson, Office of the Attorney General, Richmond, VA, James Stuart Gilmore, III, Hon., Attorney General of Virginia, Richmond, VA, for Judith Weber, Clyde Santana, Bob Dunford, Daryl Ware, James Edwards, Roger Warren, Joyce Sutton, Leon Coleman, David Libengood, Bobby Bass, defendants.

John Patrick Griffin, Office of the Attorney General, Richmond, VA, Michael King Jackson, Office of the Attorney General, Richmond, VA, James Stuart Gilmore, III, Hon., Attorney General of Virginia, Lawrence R. Leonard, Thomas Holderness, Angelo Frattarelli, Richmond, VA, for Internal Revenue Service, defendant.

Jonathan Jackel, U.S. Department of Justice, Trial Attorney, Tax Division, Stuart D. Gibson, U.S. Dept. of Justice, Washington, DC, Lawrence R. Leonard, James Stuart Gilmore, III, Hon., Attorney General of Virginia, Richmond, VA, for U.S., defendant.

George Walerian Chabalewski, Office of the Attorney General, John Patrick Griffin, Office of the Attorney General, Michael King Jackson, Office of the Attorney General, Richmond, VA, Thomas Holderness, U.S. Department of Justice, Angelo Frattarelli, U.S. Department of Justice, Washington, DC, for Dave Altman, Craig Carmen, David Huff, defendants.

Jonathan Jackel, U.S. Department of Justice, Trial Attorney, Tax Division, Lawrence R. Leonard, Thomas Holderness, Angelo Frattarelli, Richmond, VA, for Donna L. Eason, George T. Overstreet, John Brink, Arlene T. Campsen, Timothy Daruk, Michael E. Dunlow, Carol E. Willman, Robert E. Burgess, Cheryl L. Kast, John C. McDougal, defendants.


ORDER

DOUMAR, District Judge.

Presently before the Court are two Motions for Summary Judgment filed pursuant to Federal Rule of Civil Procedure 56(c). Internal Revenue Service ("IRS") agents Carol Willman ("Willman") and Cheryl Kast ("Kast") filed a joint Motion for Summary Judgment claiming immunity from suit. In addition, the three remaining state defendants in this case, Virginia Alcohol Beverage Control ("ABC") Board agents Clyde Santana, ("Santana...

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