Lorillard
Forces Action Project, Llc Plaintiffs, V. The State of California, Defendants. Complaint for Equitable Relief, Declaratory Relief and Damages for Violation of Civil Rights Demand for Trial by Jury Class Action. Case No. C. 99-0607 Edl
Fields
- Author
- Bixby, D.L.
- Blackett, L.A.
- Blackett, M.W.
- Blood, D.M.
- Bourell, M.
- Broadhead, P.J.
- Burton, S.M.
- Clark, C.J.
- Cobarrubias, B.
- Cobarrubias, R.
- Cracraft, D.
- Cvitkovich, L.M.
- Denham, G.E.
- Duran, S.
- Edgeman, C.M.
- Eliason, D.A.
- Erickson, R.K.
- Featherstone, C.T.
- Featherstone, J.M.
- Gafa, G.C.
- Gayler, T.L.
- Gibson, T.A.
- Gileson, J.L.
- Green, D.J.
- Green, R.
- Grenek, W.
- Haggard, E.G.
- Hanks, R.R.
- Hemenway, K.
- Holt, W.
- Hughes, N.C.
- Hunter, D.M.
- Hunter, J.P.
- Kuchenbecker, M.S.
- Lamoreaux, N.
- Lepore, M.
- Martinez, E.J.
- Martinez, F.
- Medina, D.
- Moser, H.W.
- Nafus, P.
- Nafus, P.L.
- Neeley, P.
- Pacheco, A.
- Petersen, M.L.
- Pistone, T.J.
- Ricketts, D.W.
- Ricksecker, A.
- Rippon, C.J.
- Risbeck, C.
- Risbeck, K.D.
- Robertson, K.W.
- Roche, E.F.
- Rodgers, R.L.
- Rohla, J.A.
- Russell, C.N.
- Ryan, P.
- Scoyoc, C.V.
- Servis, W.T.
- Timpe, E.C.
- Townzen, T.
- Vanwagoner, M.J.
- Waters, J.
- Watt, M.J.
- Wilcock, R.N.
- Willis, F.C. III
- Blackett, L.A.
- Type
- PLEA, PLEADING
- Area
- LEGAL DEPT. FILE ROOM/LATERAL FILE
- Named Organization
- Bw, Brown & Williamson
- City + County of San Francisco
- PM, Philip Morris
- RJR, R.J.Reynolds
- States
- US
- City + County of San Francisco
- Named Person
- Adams, S.M.
- Amorelli, A.L.
- Anderson, A.D.
- Anderson, J.B.
- Apperson, E.C.
- Apperson, E.K.
- Armbruster, P.C.
- Barnett, P.F.
- Bauer, B.E.
- Belshe, S.K.
- Bergman, R.W.
- Berman, T.
- Boericke, M.V.
- Brady, J.O.
- Brakmann, R.E.
- Colquitt, R.A.
- Cox, C.W., J.R.
- Dilio, A.
- Ellch, C.R.
- Folds, H.S.
- Folds, J.J.
- Franklin, F.
- Garland, C.F.
- Glover, H.S.
- Graham, J.
- Graves, T.E.
- Grier, K.B.
- Hale, G.H.
- Halstrom, L.A.
- Harrell, J.M.
- Hertz, E.
- Hinton, D.L.
- Howard, R.L.
- Hyatt, F.
- Johnson, J.L.
- Jozan, G.L.
- Kimberling, K.
- Kimbrough, M.C.
- Knight, C.
- Kudrick, M.A.
- Lair, F.E.
- Lawton, R.
- Levine, R.
- Liagin, E.
- Lincoln, L.L.
- Lockyer, W.
- Lowman, C.M.
- Marimont, R.
- Mcelwaney, J.A.
- Moran, T.T.
- Murphy, S.
- Murphy, S.P.
- Oakley, D.G.
- Parker, J.
- Petersen, C.
- Petrakis, P.L.
- Phillipe, R.
- Phillipe, S.
- Price, K.J.
- Prokop, J.E.
- Raiman, R.A.
- Renne, L.H.
- Richter, M.W.
- Schaar, T.H.
- Shelnutt, R.
- Shelton, K.B.
- Shotwell, H.P.
- Silver, K.J.
- Silverman, J.V.
- Smith, C.A.
- Smith, R.R.
- Speck, R.J.
- Staebler, D.J.
- Stansbury, J.G., J.R.
- Storey, E.W.
- Storey, N.M.
- Stow, C.J.
- Susko, J.E.
- Swanson, A., J.R.
- Swinderman, D.S.
- Swinderman, G.R.
- Thornton, R.D., J.R.
- Thornton, S.J.
- Williamson, B.N.
- Winton, J.M.
- Womer, C.
- Amorelli, A.L.
- Document File
- 83692565/83693345/Missing
- Date Loaded
- 22 Mar 2002
- Request
- R1-027
- Master ID
- 83692897/2933
Related Documents:- 83692897-2933 Forces Action Project, Llc Plaintiffs, V. The State of California, Defendants. Complaint for Equitable Relief, Declaratory Relief and Damages for Violation of Civil Rights Demand for Trial by Jury Class Action. Case No. C. 99-0607 Edl
- 83692904-2910 Forces Action Project, Llc Plaintiffs, V. The State of California, Defendants. Complaint for Equitable Relief, Declaratory Relief and Damages for Violation of Civil Rights Demand for Trial by Jury Class Action. Case No. C. 99-0607 Edl
- 83692911-2916 Forces Action Project, Llc Plaintiffs, V. The State of California, Defendants. Complaint for Equitable Relief, Declaratory Relief and Damages for Violation of Civil Rights Demand for Trial by Jury Class Action. Case No. C. 99-0607 Edl
- 83692917-2919 Forces Action Project, Llc Plaintiffs, V. The State of California, Defendants. Complaint for Equitable Relief, Declaratory Relief and Damages for Violation of Civil Rights Demand for Trial by Jury Class Action. Case No. C. 99-0607 Edl
- 83692930-2931 Forces Action Project, Llc Plaintiffs, V. The State of California, Defendants. Complaint for Equitable Relief, Declaratory Relief and Damages for Violation of Civil Rights Demand for Trial by Jury Class Action. Case No. C. 99-0607 Edl
- 83692932-2933 Forces Action Project, Llc Plaintiffs, V. The State of California, Defendants. Complaint for Equitable Relief, Declaratory Relief and Damages for Violation of Civil Rights Demand for Trial by Jury Class Action. Case No. C. 99-0607 Edl
- Litigation
- Feda/Produced
- Author (Organization)
- Consumers
- Forces Action Project
- Freedom of Choice
- Hi Smokers Rights
- Smokers of the World Unite
- Forces Action Project
- Characteristic
- OVER, OVER SIZE DOCUMENT
- Site
- N14
- Brand
- Alpine
- Barclay
- Belair
- Benson & Hedges
- Bright Rite
- Cambridge
- Camel
- Capri
- Century
- Doral
- Dunhill
- Eli Cutter
- English Ovals
- Galaxy
- Kent
- Kool
- Loredo
- Magna
- Marlboro
- Max
- Merit
- More
- Newport
- Now
- Old Gold
- Parliament
- Philip Morris
- Players
- Raleigh
- Richland
- Salem
- Saratoga
- Satin
- Spring
- Sterling
- Triumph
- True
- Vantage
- Viceroy
- Virginia Slims
- Winston
- Barclay
- UCSF Legacy ID
- nnf72d00
Document Images
Class Action Allegations
49. The members of the classes and subclasses alleged herein are so numerous that
joinder of all members is impracticable.
50. There are questions of law or fact common to the classes and subclasses.
51. The claims or defenses of the representative parties are typical of the claims or
defenses of the classes and subclasses.
52. The representative parties will fairly and adequately protect the interests of the
class.
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53. The prosecution of separate actions by or against individual members of the classes
and subclasses would create a risk of inconsistent or varying adjudications with respect to
individual members of the classes and subclasses which would establish incompatible standards of
conduct for the party opposing the class; adjudications with respect to individual members of the
classes and subclasses would, as a practical matter, be dispositive of the interests of the other
members not parties to the adjudications or substantially impair or impede their ability to protect
their interests; and the parties opposing the classes and subclasses have acted on grounds
generally applicable to the class, thereby making appropriate final injunctive relief or
corresponding declaratory relief with respect to the classes and subclasses as a whole.
FACTUAL ALLEGATIONS
54. Commencing in or about 1992, the PUBLIC ENTITY DEFENDANTS
commenced actions against the TOBACCO COMPANY DEFENDANTS seeking, inter alia, the
recovery of monies paid by them for medical treatment and care of injuries and illnesses alleged to
be caused by the consumption of tobacco products and for monetary penalties to be used by them
for the purpose of securing and providing benefits which the PUBLIC ENTITY DEFENDANTS
believed would be beneficial to society as a whole.
55. At all times mentioned herein, the various statutes under which the PUBLIC
ENTITY DEFENDANTS sought to recover said health care costs provided that, in the event the
_29_
83692925
action on behalf of the Master Class and on behalf of a subclass consisting of consumers of
tobacco products residing within the State of Maryland.
25. Plaintiffs ROBERT R. SMITH, JOAN B. ANDERSON, FEI T E. LAIR, and
ARCHIE D. ANDERSON are citizens and residents of the State of Minnesota, and bring this
action on behalf of the Master Class and on behalf of a subclass consisting of consumers of
tobacco products residing within the State of Minnesota.
26. Plaintiffs HENRY P. SHOTWELL, ANDREW DiLIO, JOHN E. SUSKO,
KENNETH J. SILVER, and THEODORE T. MORAN are citizens and residents of the State of
New Jersy, and bring this action on behalf of the Master Class and on behalf of a subclass
consisting of consumers of tobacco products residing within the State of New Jersey.
27. Plaintiffs THOMAS E. GRAVES, STEVEN MURPHY. RICHARD LEVINE,
SUSAN P. MURPHY, JESSE V. SILVERMAN, ROSA A RAIMAN and MARGARET V.
BOERICKE are citizens and residents of the State of New York, and bring this action on behalf
of the Master Class and on behalf of a subclass consisting of consumers of tobacco products
residing within the State of New York.
28. Plaintiffs JAMES M. WINTON and KAROL I. PRICE are citizens and residents
of the State of Ohio, and bring this action on behalf of the Master Class and on behalf of a
subclass consisting of consumers of tobacco products residing within the State of Ohio.
29. Plaintiffs ELIZABETH K. APPERSON, BOB L. HOWARD, EDWARD C.
APPERSON, BILLIE E. BAUER, and MICHAEL W. RICHTER are citizens and residents of the
State of Oklahoma, and bring this action on behalf of the Master Class and on behalf of a subclass
consisting of consumers of tobacco products residing within the State of Oklahoma.
30. Plaintiffs TRINA BERMAN and CINDY WOMER are citizens and residents of
the State of Pennsylvania, and bring this action on behalf of the Master Class and on behalf of a
subclass consisting of consumers of tobacco products residing within the State of Pennsylvania.
31. Plaintiffs KARYN KIMBERLING, ELLEN HERTZ, KRISTOPHER B. GRIER,
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83692921
Master Settlement Agreement.
39. Defendant S. KIMBERLY BELSIt is Director of Health Services of the State of
California, and is sued herein in her official capacity and as representative of those officials of
the
States who are partires to the Master Settlement Agreement and who are responsible for
administering the laws of their respective states regarding recoveries of monies for health care
expenses made by the States.
40. The CITY AND COUNTY OF SAN FRANCISCO is a municipal corporation
within the State of California and is sued herein individually and on behalf of all municipal
corporations who are parties to or who will receive the payments of monies provided for by the
Master Settlement Agreement. The CITY AND COUNTY OF SAN FRANCISCO is plaintiffin
that related action pending before this court styled City and County of San Francisco, et al., v.
Philip Morris, Inc., et al., Case No. C-96-2090-DLJ, which seeks recovery of, inter alia, monies
paid by it for health care expenses for injuries and illnesses allegedly caused by the "Tobacco
Company Defendants" (further identified below) and for civil penalties.
41. Defendant LOUISE H. RENNE is the City Attorney for Defendant CITY AND
COUNTY OF SAN FRANCISCO and is sued herein in her official capacity and as representative
of those city and county attorneys who, on behalf of their employers, have filed suit against the
Tobacco Company Defendants to recover alleged smoking-related health costs, are parties to the
Master Settlement Agreeemen, or who will receive the payments of monies provided for in the
Master Settlement Agreement.
42. The defendants named in paragraphs 37-41, above, when hereinafter collectively
referred to, are identified as the "PUBLIC ENTITY DEFENDANTS."
The Tobacco Company Defendants
43. PHILIP MORRIS INCORPORATED ("PHILIP MORRIS") is a Virginia
corporation with its principal place of business at 120 Park Avenue, 16th Floor, New York, New
York 10017. PHILIP MORRIS manufactures, advertises, promotes and sells Philip Morris, Merit,
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83692923
HEATON, RANDALL SHELNUTT, CHARLES W. COX, JR., CYNTHIA M. LOWMAN,
BARRY N. WILLIAMSON, JACK 0. BRADY, JERRY L. JOHNSON, GARLAND H. HALE,
NANCY M. STOREY, FRANKLIN HYATT, FRANCES FRANKLIN, RONALD W.
BERGMAN, CYRUS l. STOW, PAUL C. ARMBRUSTER, HELEN S. GLOVER, DONALD
G. OAKLEY, EDWARD W. STOREY, MARY C. KAZBROUGH, PEGGIE F. BARNETT,
DOROTHY S. SWINDERMAN, ROBERT LAWTON, CLAY F. GARLAND, GUY R.
SWINDERMAN, CYNTHIA KNIGHT, DOROTHY L. HINTON, ROY A. COLQUITT,
SHANE M. ADAMS, JEFFREY J. FOLDS, LINDA A. HALSTROM, HAROLD S. FOLDS,
ROLAND D. THORNTON, JR., SHIRLEY J. THORNTON, GEZA L. JOZAN, and JOY A.
McELWANEY are citizens and residents of the State of Georgia, and bring this action on behalf
of the Master Class and on behalf of a subclass consisting of consumers of tobacco products
residing within the State of Georgia.
20. Plaintiff ROBERT J. SPECK is a citizen and resident of the State of Hawaii, and
brings this action on behalf of the Master Class and on behalf of a subclass consisting of
consumers of tobacco products residing within the State of Hawaii.
21. Plaintiff DAVID J. STAEBLER is a citizen and resident of the State of Illinois,
and brings this action on behalf of the Master Class and on behalf of a subclass consisting of
consumers of tobacco products residing within the State of Illinois.
22. Plaintiffs C. RICHARD ELLCH and JAMES M. HARRELL are citizens and
residents of the State of Indiana, and bring this action on behalf of the Master Class and on behalf
of a subclass consisting of consumers of tobacco products residing within the State of Indiana.
23. Plaintiff JACOB G. STANSBURY, JR. is a citizen and resident of the State of
Louisiana, and brings this action on behalf of the Master Class and on behalf of a subclass
consisting of consumers of tobacco products residing within the State of Louisiana.
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24. Plaintiffs ROY E. BRAKMANN, MARY A. KUDRICK, ELIZABETH LIAGIN,
and ROSALIND MARIMONT are citizens and residents of the State of Maryland, and bring this
_24_
83b92920
5. For an order of this court deciaring the Master Settlement Agreement to be
unfair, discriminatory, unconstitutional, and unenforceable; and,
6.
this action.
For costs of suit and attorney's fees incurred by Plaintiffs in prosecuting
DATED: February 9, 1999
DONALD RICKETTS
Attorney for laintiffs:
FORCES ACTION MICHAEL LEPORE SERVIS
PROJECT,LLC CRAIG N. RUSSELL RAY GREEN
FREEDON OF CHOICE, TIMOTHY A
GIBSON HELEN W
MOSER
INC. . .
MIC BOURELL RICHARD KENT
SMOKERS OF THE ERICKSON
WORLD UNITE CHELNISHA MARIE
EDGEMAN EVELYN CAROLYN
HAWAII SMOKERS TIMPE
RIGHTS MARK S.
KUCHENBECKER AL PACHECO
CONSUMERS LLC
DANIEL M
BLOOD PAULA NAFUS
PATRICK RYAN .
JENNIE M PAT NEELEY
MARGARET J. WATT .
FEATHERSTONE WILLIAM GRENEK
CORDELIA V. SCOYOC LYLE ANNE BLACKETT PAULINE L
NAFUS
JOSEPH A. ROHLA MICHAEL W. BLACKETT .
KELLY HEMENWAY
FREDRICK C. WILLIS, III JIMMY L. GILESON EARL F
ROCHE
ALBERT RICKSECKER GREG C. GAFA .
ROBERT COBARRUBIAS
DAN CRACRAFT WILLIAM HOLT BERNADETTE
KRISTEN D. RISBECK DAVID ALAN ELIASON COBARRUBIAS
CARL RISBECK PEGGY JOANNE EDDIE JOE MARTINEZ
TAMMY L. GAYLER BROADHEAD FRANCES MARTINEZ
LARRY MIKEI. CHARLES THOMAS DOTILDE MEDINA
CVITKOVICH FEATHERSTONE
HANKS
RONALD R
NANCY C. HUGHES DAVID J. GREEN .
CYNTHIA JEAN CLARK
MARY JANE VAN JOHN P. HUNTER
WAGONER STEVE DURAN
KEVIN W. ROBERTSON
DENHAM
GRANT E REGINA LEAH RODGERS
. TERRY TOWNZEN
NAYDEEN LAMOREAUX TOMMY JAMES PISTONE
MARK LEROY PETERSEN
BIXBY
DUSTIN L ROBERT NEAL WILCOCK
. EDWARD GENE
SUSAN M. BURTON HAGGARD DOUGLAS M. HUNTER
CONNIE JEAN RIPPON WILLIAM THEODORE JAMES WATERS Co
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PUBLIC ENTITY DEFENDANTS instituted said actions, they were required to give notice to
the persons on whose behalf said health care costs were paid of the filing and pendency of such
suits and notice of the fact that said persons were entitled, as a matter of right, to intervene in
said
actions. Said statutes further provided that in the prosecution of settlement of such actions, the
PUBLIC ENTITY DEFENDANTS could take no action that would impair the rights of the
persons on whose behalf said health care costs were paid.
56. The PUBLIC ENTITY DEFENDANTS have failed and refused, and continue to
fail and refuse to give the notices required by said statutes, despite demands therefor by
Plaintiffs.
57 At all times mentioned herein, the PUBLIC ENTITY DEFENDANTS were aware
that any monies paid to them by the TOBACCO COMPANY DEFENDANTS in settlement or
pursuant to judgment would be paid for by plaintiffs in the form of increases in the costs of
tobacco products, and that the TOBACCO COMPANY DEFENDANTS would, ultimately,
suffer no loss or pay no penalties as a result of the suits filed by the PUBLIC ENTITY
DEFENDANTS and that the economic consequences of any settlement or judgment would be
borne by their citizen-Plaintiffs. .
58. On or about November, 1998, the PUBLIC ENTITY DEFENDANTS and the
TOBACCO COMPANY DEFENDANTS compromised, released, and settled the claims
presented by the PUBLIC ENTITY DEFENDANTS against the TOBACCO COMPANY
DEFENDANTS, and related claims of Plaintiffs. Said compromise, release and settlement is set
forth in a writing entitled "Master Settlement Agreement."
59. The Master Settlement Agreement provided for payments by the TOBACCO
COMPANY DEFENDANTS to the PUBLIC ENTITY DEFENDANTS of approximately $206
billion.
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60. The Master Settlement Agreement provided that it would not become effective
until signed and approved by a certain number of the PUBLIC ENTITY DEFENDANTS and by
entry of orders by the courts in which the various suits by the PUBLIC ENTITY
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65. In failing and refusing to give the notices described in paragraph 55, above, and in
compromising and settling claims of the Plaintiffs against the TOBACCO COMPANY
DEFEYDANTS, the PUBLIC ENTITY DEFENDANTS violated said statutes, the United States
Constitution and the Constitutions of the various states, by denying to Plaintiffs due process of
law and equal protection of law, and Plaintiffs have been damaged thereby.
66. In allowing the TOBACCO COMPANY DEFENDANTS to pass on the costs of
said settlement to Plaintiffs, the PUBLIC ENTITY DEFENDANTS and the TOBACCO
COMPANY DEFENDANTS enacted an unconstitutional and discriminatory tax on and payments
by Plaintiffs, have, in effect allowed a judgment of indemitiy to be entered against plaintiffs
without representation in said suits, and Plaintiffs have been damaged thereby. .
WIIEREFORE, Plaintiffs pray for judgment against Defendants, and each of them, as
follows:
l. For a writ prohibiting the PUBLIC ENTITY DEFENDANTS from
collecting and receiving any monies under the Master Settlement Agreement and from otherwise
enforcing or giving effect to the Master Settlement Agreement.
2. For an order restraining the TOBACCO COMPANY DEFENDANTS
from making any payment provided for by the Master Settlement Agreement and from otherwise
enforcing or giving effect to the Master Settlement Agreement.
3. For an order restraining the TOBACCO COMPANY DEFENDANTS
from further collection of the price increases they imposed for the purpose of making the
payments to the PUBLIC ENTITY DEFENDANTS provided for by the Master Settlement
Agreement;
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4. For an order compelling the TOBACCO COMPANY DEFENDANTS to
reimburse to Plaintiffs all monies paid by them in the form of price increases they imposed for the
purpose of making the payments to the PUBLIC ENTITY DEFENDANTS provided for by the
Master Settlement Agreement;
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83692928
Canibridge, Marlboro, Benson & Hedges, Virginia Slims, Alpine, Dunhill, English
Ovals, Galaxy, Players, Saratoga, and Parliament cigarettes and other tobacco
products throughout the United States. PHILIP MORRIS is a party to the Master Settlement
Agreement.
44. RJ. REYNOLDS TOBACCO COMPANY ("RJR") is a New Jersey corporation
with its principal place of business at North Main Street, Winston-Salem, North Carolina 27102.
RJR manufactures, advertises, promotes and sells Camel, Vantage, Now, Doral, Winston,
Sterling, Magna, More, Century, Bright Rite and Salem cigarettes and other tobacco products
throughout the United States. RJR is a party to the Master Settlement Agreement.
45. BROWN & WILLIAMSON TOBACCO CORPORATION ("BROWN &
WILLIAMSON") is a Delaware corporation with its principal place of business at 1500 Brown &
Williamson Tower, Louisville, Kentucky 40202. BROWN & WILLIAMSON manufactures,
advertises, promotes and sells Kool, Raleigh, Barclay, Belair, Capri, Richland, Loredo, Eli Cutter,
and Viceroy cigarettes and other tobacco products throughout the United States. BROWN &
WILLIAMSON is a party to the Master Settlement Agreement.
46. LORILLARD TOBACCO COMPANY ("LORILLARD") is a Delaware
corporation with its principal place of business at 1 Park Avenue, New York, New York 10016.
LORILLARD manufactures, advertises, promotes and sells Old Gold, Kent, Triumph, Satin, Max,
Spring, Newport, and True cigarettes and other tobacco products throughout the United States.
LORILLARD is a party to the Master Settlement Agreement.
47. Defendants PHILIP MORRIS, RJR, BROWN & WILLIAMSON, and
LORILLARD, when hereinafter collectively referred to, are identified as the "TOBACCO
COMPANY DEFENDANTS."
48. Defendants named above, and members of the defendant classes and subclasses
alleged herein, when referred to collectively, are identified as "Defendants."
83692924
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and ANTHONY L. AMORELLI are citizens and residents of the State of Virginia, and bring this
action on behalf of the Master Class and on behalf of a subclass consisting of consumers of
tobacco products residing within the State of Virginia.
32. Plaintiffs JAMES E. PROKOP, PETER L. PETRAKIS, and JOANNA PARKER
are citizens and residents of the State of Washington, and bring this action on behalf of the Master
Class and on behalf of a subclass consisting of consumers of tobacco products residing within the
State of Washington.
33. Plaintiffs CHRIS PETERSEN, KENNETH B. SHELTON, CHRISTINE A.
SMITH, and THEODORE H. SCHAAR are citizens and residents of the State of Wisconsin, and
bring this action on behalf of the Master Class and on behalf of a subclass consisting of consumers
of tobacco products residing in the State of Wisconsin.
34. Plaintiffs LISA L. LINCON and ALAN SWNSON, JR., are citizens and residents
of the State of Masschusets, and bring this action on behalf of the Master Class and on behalf of a
subclass consisting of consumers of tobacco products residing in the State of Massachusetts.
35. Plaintiffs RUTH PHILLIPE and SAMANTHA PHILLIl'E are citizens and
residents of the State of Mainen, and bring this action on behalf of the Master Class and on behalf
of a subclass consisting of consumers of tobacco products residing in the State of Maine.
36. Representative plaintiffs named herein, and members of the plaintiff classes and
subclasses alleged herein are hereinafter collectively referred to as "Plaintiffs".
28
Public-Entity Defendants
37. Defendants STATE OF CALIFORNIA and STATE OF UTAH are states of the
United States and are named herein individually and as representative of all States of the United
States who are parties to the Master Settlement Agreement.
38. Defendants BILL LOCKYER and JAN GRAHAM are, respectively, the
Attorneys General of the States of California and Utah and are sued herein in their official ~
capacity and as representatives of all Attorneys General of the States who are parties to the ~
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DEFENDANTS against the TOBACCO COMPANY DEFENDANTS were filed approving the
Master Settlement Agreement and for entry of consent decrees and judgments therein.
61. Plaintiffs are informed and believe, and thereon alle. , that the necessary
signatures, approvals and orders have now been obtained and the Master Settlement Agreement
will become effective and final unless restrained by order of this court.
62. Because of the number and wide geographic dispersion of said suits filed by the
PUBLIC ENTITY DEFENDANTS against the TOBACCO COMPANY DEFENI)ANTS it is
impractical and virtually impossible for Plaintiffs to challenge the Master Settlement Agreement in
each of the courts where it was presented for approval, and Plaintiffs have no adequate remedy in
law or in equity other than the filing of the within action and the institution of coordinated
proceedings to allow a single, unitary resolution of the claims presented herein.
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63. Numerous statements have been made by the PUBLIC ENTITY DEFENDANTS
advising of their intent to use the monies to be paid to them by the TOBACCO COMPANY
DEFENDANTS pursuant to the Master Settlement Agreement for a variety of purposes which
will benefit the public, generally, including the construction of roads and other public facilities,
and the provision of various services and programs, but which will provide no benefit to Plaintiffs
independent of their status of members of the general public despite the fact that Plainti.ffs are
paying for said broad social and public benefts.
64. Shortly after the Defendants entered into the Master Settlement Agreement, the
TOBACCO COMPANY DEFENDANTS, for the purpose of providing the revenues with which
to make the payments to the PUBLIC ENTITY DEFENDANTS required by the Master
Settlement Agreement, raised the prices of their tobacco products and plainti.ffs have paid , and
will continue to pay said price increases and provide the monies which the PUBLIC ENTITY
DEFENDANTS will receive under the Master Settlement Agreement, unless further imposition
and collection of said price increases is restrained by order of this court and this court rolls
back
the price increases assessed by the TOBACCO COMPANY DEFENDANTS against Plaintiffs.oo
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