Sanders

ORDER GRANTING DEFENDANTS’ MOTIONS TO DISMISS

On January 12, 2005, this Court heard oral argument on motions to dismiss brought by defendant Bill Lockyer (“Lock-yer”) and defendants Philip Morris USA, Inc., R.J. Reynolds Tobacco Company, Brown & Williamson Tobacco Corporation, and Lorillard Tobacco Company (collectively “manufacturer defendants”). Having carefully considered the arguments of counsel and the papers submitted, the Court hereby GRANTS defendants’ motions for the reasons set forth below.

BACKGROUND

This case arises out of the Master Settlement Agreement (“MSA”) entered into on November 23, 1998, between the four leading domestic cigarette manufacturers and the attorneys general of forty-six states, including California. The MSA and related legislation have been subject to multiple legal challenges, and two different district courts in this circuit have rejected such challenges. See PTI, Inc. v. Philip Morris, Inc., 100 F.Supp.2d 1179 (C.D.Cal.2000); Forces Action Project LLC v. California, 2000 WL 20977 (N.D.Cal.2000).

Under the MSA, the states agreed to dismiss pending suits and to refrain from filing suit against the four cigarette manufacturers, and the…