Tobacco Documents Online

RECEIVED JUL 14 1999 T. P. DURHAM

!U1-14-99 09:44AId FROM- 7-886 ?.05/06 F-d86 ' San Francisco, CA 0 1u5 Kevin J. Dunne, Esq. Sedgwick Deterc Moran & Arnold One Embarcadero Ccr _c'ch Flr San Francisco, CA 94111-3765 Frederick D. Baker, Esq. Sedgwick Detert Moran & Arnold One Embarcadero Ctr pJ 16th Flr San Francisco, CA 94111-3765 I a Alicia J. Donahue, Esq. Sedgwick Detert Moran & Arnold One Embarcadero Ctr 16th Flr San Francisco, CA 94111-3765 Susan 2. Poe, Esq. Dryden Margoles Schimane'ck'HarLman Kelly & Aait Suite 3100 One California St Ste 2600 San Francisco, CA 94111 Richard W Wieking, Clerk BY: / Deputy C1erk ' 0

JUL-14-99 09:44AM FROM- `J ~~ .~ r-336 P.Q3/65 P-466 defendants' motion for judgment on the pleadings is GRANTED witnout leave to amend; 2. To the extent plaintiffs' negligence and str ct liability claims are based on defendants' conduct occurring during the periods before January 1. 1988 and after January 1, 1998, defendants' motion for judgment on the pleadings is DENIED; 3. To the extent plaintiffs' false representation. deceitlfraudulent concealment and civil conspiracy claims are based on defendants' conduct occurring during the period of January 1, 1988 to January 1, 1998, defendants' motion for judgment on the pleadings is GRANTED without leave to amend; 4_ To the extent plaintiffs' false representation, deceit/fraudulent concealment and civil conspiracy claims are based on defendants' conduct occurring during the periods before January 1, 1988 and after January 1, 1998, defendants' motion forjudgment on the pleadings is DENIED; 5. Defendants' motion for judgment on the pleadings as to plaintiffs' punitive damages claim is GRANTED without leave to amend. IT IS SO ORDERED. Dated: JUL X 9- 10 United States District Judge 24 25 26 27 28 1)

JUL-1" 9 99:44AM FROM- F 1 ~ > 4 5 0 6 7 8 9 10 ~ 11 a 1L .. ~, r 3 13 ~ II ~ 14 ~ ~ 15 ~ ~ ~ 16 .E 17 ~ ® 18 19 J 20 .~ 21 -22 23 24 25 26 27 28 • 7-338 F.W88 F-d88 . ~ . _. 1~- .. JUL X ~ 1;?yc: RICHARD W. WPEKfrvC- CLERK, U.S D{STHICT CCURT NORTHERN 01STRICT OF CA4tFDRnI IF IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SARA GUZMAN, individually and as Guardian ad litem for MARIO GUZMAN and KEVIN GUZMAN, minors, ERIC GUZMAN AND ROBERT GUZMAN, Plaintiffs, V. PHILLIP MORRIS TOBACCO COMPANY, et al., Defendants. No. C-99-071797 MMC ORDER DENYING IN PART AND GRANTING IN PART DEFENDANTS' MOTION FOR JUDGMENT ON THE PLEADINGS Before the Court is defendants' motion for judgment on the pleadings as to plaintiffs' wrongful death action in its entirety or, alternatively, for partial judgment on the pleadings as to plaintiffs' punitive damages claim. These matters came on for hearing on July 2, ~ 1999. Richard Shivefy and Mordecai D. Boone of Shook, Hardy & Bacon appeared on ~ V behalf of the defendants. Mylene L. ReuveKamp and Terence D. Edwards of the Law ~ W Offices of Thomas J. Brandi appeared on behalf of the plaintiffs. °= 0 For the reasons stated on the record at the time of the hearing, the Court rules asV follows: 1. To the extent plaintiffs' negligence and strict liability claims are based an defendants' conduct occurring during the period of January 1, 1988 to January 1, 1998, 8 II COp1E5 MAILEC TO . ?ARTIES OF RECOFID

JUL-14-A9 08:44AId FROM- w e Northern Distri.^_: ~f July 9, '_y99 - UnAd States D;.scric: Courz for the * * CERTIFICATE OF SERVi~E _ 7 336 P.6d/65 F-d66 Case N~mber_=:99-cv-01797 Guzman vs Phillip Morris I, the undersigned, hereby certify that I am an employee in the Office of the r-lerk, U.S. District Court, Northern District o° California. That'.on July 9, 1999, I SERVED a true and correct copy(ies) of the attached, by placing said copy(ies) in a postage paid envelope addrdssed to the person(s) hereinafter listed, by depositing said enveltIpe in the U.S. Mail, or by placing said copy(ies) into an inter-office delil~ery receptacle located in the Clerk's office. "Donald J, Sullivan, Esq. Thomas J. Brandi Law Offices 44 Montgomery SL Ste 1050 San Francisco, CA 94104 Thomas J. Brandi, Esq. Thomas J. Brandi Law Offices 49 Montgomery St Ste 1050 San Francisco, CA 94104 Lucy E. Mason, Esq. Shook Hardy & Bacon LLP One Market Stuart Tower, Ninth Floor San Francisco, CA 94105 u Mordecai D. Boone, Esq. %D Shook Hardy & Bacon LLP ON One Market V J Stuart Tower, Ninth Floor San Francisco CA 94105 V ~ , w . cc Richard D_ Shively, Esq. Shook Hardy & Bacon LLP O , , ti0 One Market