HomeMy WebLinkAboutKroger Opioid Settlement Agreement - signedNew National Opioids Settlement: KrogerOpioids Implementation Administratoropioidsparticipation@rubris.com
Fountain Hills town, AZReference Number: CL-789386
TO LOCAL POLITICAL SUBDIVISIONS:
THIS PACKAGE CONTAINS DOCUMENTATION TO PARTICIPATE IN THE NEWNATIONAL OPIOIDS SETTLEMENT. YOU MUST TAKE ACTION IN ORDER TOPARTICIPATE.
Deadline: August 12, 2024 (Arizona Sign On Target Date July 31, 2024)
A new proposed national opioids settlement (“New National Opioids Settlement”)has been reached with Kroger (“Settling Defendant”). This Participation Package isa follow-up communication to the Notice of National Opioids Settlement recentlyreceived electronically by your subdivision.
You are receiving this Participation Package because Arizona is participating in theKroger settlement.
If a state does not participate in a particular Settlement, the subdivisions in thatstate are not eligible to participate in that Settlement.
This electronic envelope contains:
The Participation Form for the Kroger settlement, including a release of anyclaims.
The Participation Form must be executed, without alteration, andsubmitted on or before August 12, 2024, in order for your subdivision tobe considered for initial participation calculations and payment eligibility.Arizona is setting a target completion date of July 31, 2024 in order toreserve sufficient time to follow up to ensure 100% participation.
Based upon subdivision participation forms received on or before August 12, 2024,the subdivision participation rate will be used to determine whether participation issufficient for the settlement to move forward and whether a state earns itsmaximum potential payment under the settlement. If the settlement movesforward, your release will become effective. If a settlement does not move forward,that release will not become effective.
Any subdivision that does not participate cannot directly share in the settlementfunds, even if the subdivision’s state is settling and other participating subdivisionsare sharing in settlement funds. Any subdivision that does not participate may alsoreduce the amount of money for programs to remediate the opioid crisis in its state.Please note, the One Arizona Distribution of Opioid Settlement Funds Agreement
DocuSign Envelope ID: 4B3EB3FF-7A1B-41F6-85E7-50975B3341B3
will govern how the settlement funds will be distributed within Arizona based on thepreviously negotiated allocation schedules. As with previous opioid settlements, the15 Regions will receive payments and distribute shares to the county, cities andtowns within their Regions.
You are encouraged to discuss the terms and benefits of the New National OpioidsSettlement with your counsel, your Attorney General’s Office, and other contactswithin your state. Many states, including Arizona, are implementing and allocatingfunds for this new settlement the same as they did for the prior opioids settlementswith McKesson, Cardinal, Cencora (formerly AmerisourceBergen), J&J/Janssen, Teva,Allergan, CVS, Walgreens, and Walmart.
Information and documents regarding the New National Opioids Settlement andhow it is being implemented in your state and how funds will be allocated withinyour state can be found on the national settlement website athttps://nationalopioidsettlement.com/. This website will be supplemented asadditional documents are created.
How to return signed forms:
There are three methods for returning the executed Participation Form and anysupporting documentation to the Implementation Administrator:
(1)Electronic Signature via DocuSign : Executing the Participation Formelectronically through DocuSign will return the signed form to theImplementation Administrator and associate your form with yoursubdivision’s records. Electronic signature is the most efficient method forreturning the Participation Form, allowing for more timely participation andthe potential to meet higher settlement payment thresholds, and is thereforestrongly encouraged.
(2)Manual Signature returned via DocuSign : DocuSign allows forms to bedownloaded, signed manually, then uploaded to DocuSign and returnedautomatically to the Implementation Administrator. Please be sure tocomplete all fields. As with electronic signature, returning a manually signedParticipation Form via DocuSign will associate your signed forms with yoursubdivision’s records.
(3)Manual Signature returned via electronic mail : If your subdivision is unable toreturn an executed Participation Form using DocuSign, the signedParticipation Form may be returned via electronic mail toopioidsparticipation@rubris.com. Please include the name, state, andreference ID of your subdivision in the body of the email and use the subjectline Settlement Participation Form – [Subdivision Name, Subdivision State] –[Reference ID].
DocuSign Envelope ID: 4B3EB3FF-7A1B-41F6-85E7-50975B3341B3
Detailed instructions on how to sign and return the Participation Form, includingchanging the authorized signer, can be found athttps://nationalopioidsettlement.com/. You may also contactopioidsparticipation@rubris.com.
The sign-on period for subdivisions ends on August 12, 2024. Arizona istargeting for sign on by July 31, 2024.
If you have any questions about executing the Participation Form, please contact your counsel, the Implementation Administrator at opioidsparticipation@rubris.com,or Jane Fallon of the Arizona Attorney General’s Office at Jane.Fallon@azag.gov.
Thank you, New National Opioids Settlement Implementation Administrator
The Implementation Administrator is retained to provide the settlement noticerequired by the New National Opioids Settlement and to manage the collection ofthe Participation Form.
DocuSign Envelope ID: 4B3EB3FF-7A1B-41F6-85E7-50975B3341B3
Subdivision Participation and Release Form
Governmental Entity: Fountain Hills town State: AZ
Authorized Signatory: /officialname_kroger/
Address 1: /address1_kroger/
Address 2: /address2_kroger/
City, State, Zip: /cit_kr/ /state_kr/ /zi_kr/
Phone: /phone_kroger/
Email: /email_kroger/
The governmental entity identified above (“Governmental Entity”), in order to obtain and
in consideration for the benefits provided to the Governmental Entity pursuant to the Settlement
Agreement dated March 22, 2024 (“Kroger Settlement”), and acting through the undersigned
authorized official, hereby elects to participate in the Kroger Settlement, release all Released
Claims against all Released Entities, and agrees as follows.
1.The Governmental Entity is aware of and has reviewed the Kroger Settlement,
understands that all terms in this Participation and Release Form have the meanings
defined therein, and agrees that by executing this Participation and Release Form, the
Governmental Entity elects to participate in the Kroger Settlement and become a
Participating Subdivision as provided therein.
2.The Governmental Entity shall promptly, and in any event no later than 14 days after the
Reference Date and prior to the filing of the Consent Judgment, dismiss with prejudice
any Released Claims that it has filed. With respect to any Released Claims pending in In
re National Prescription Opiate Litigation, MDL No. 2804, the Governmental Entity
authorizes the Plaintiffs’ Executive Committee to execute and file on behalf of the
Governmental Entity a Stipulation of Dismissal with Prejudice substantially in the form
found at https://nationalopioidsettlement.com/.
3.The Governmental Entity agrees to the terms of the Kroger Settlement pertaining to
Participating Subdivisions as defined therein.
4.By agreeing to the terms of the Kroger Settlement and becoming a Releasor, the
Governmental Entity is entitled to the benefits provided therein, including, if applicable,
monetary payments beginning after the Effective Date.
5.The Governmental Entity agrees to use any monies it receives through the Kroger
Settlement solely for the purposes provided therein.
6.The Governmental Entity submits to the jurisdiction of the court in the Governmental
Entity’s state where the Consent Judgment is filed for purposes limited to that court’s role
as provided in, and for resolving disputes to the extent provided in, the Kroger
Settlement. The Governmental Entity likewise agrees to arbitrate before the National
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Ginny Dickey (Jun 24, 2024 14:24 PDT)
Ginny Dickey
gdickey@fountainhillsaz.gov
16705 E. Avenue of the Fountains
Fountain Hills, AZ 85268
480-816-5100
Arbitration Panel as provided in, and for resolving disputes to the extent otherwise
provided in, the Kroger Settlement.
7.The Governmental Entity has the right to enforce the Kroger Settlement as provided
therein.
8.The Governmental Entity, as a Participating Subdivision, hereby becomes a Releasor for
all purposes in the Kroger Settlement, including without limitation all provisions of
Section XI (Release), and along with all departments, agencies, divisions, boards,
commissions, districts, instrumentalities of any kind and attorneys, and any person in
their official capacity elected or appointed to serve any of the foregoing and any agency,
person, or other entity claiming by or through any of the foregoing, and any other entity
identified in the definition of Releasor, provides for a release to the fullest extent of its
authority. As a Releasor, the Governmental Entity hereby absolutely, unconditionally,
and irrevocably covenants not to bring, file, or claim, or to cause, assist or permit to be
brought, filed, or claimed, or to otherwise seek to establish liability for any Released
Claims against any Released Entity in any forum whatsoever. The releases provided for
in the Kroger Settlement are intended by the Parties to be broad and shall be interpreted
so as to give the Released Entities the broadest possible bar against any liability relating
in any way to Released Claims and extend to the full extent of the power of the
Governmental Entity to release claims. The Kroger Settlement shall be a complete bar to
any Released Claim.
9.The Governmental Entity hereby takes on all rights and obligations of a Participating
Subdivision as set forth in the Kroger Settlement.
10.In connection with the releases provided for in the Kroger Settlement, each
Governmental Entity expressly waives, releases, and forever discharges any and all
provisions, rights, and benefits conferred by any law of any state or territory of the
United States or other jurisdiction, or principle of common law, which is similar,
comparable, or equivalent to § 1542 of the California Civil Code, which reads:
General Release; extent. A general release does not extend to claims that
the creditor or releasing party does not know or suspect to exist in his or
her favor at the time of executing the release that, if known by him or her
would have materially affected his or her settlement with the debtor or
released party.
A Releasor may hereafter discover facts other than or different from those which it
knows, believes, or assumes to be true with respect to the Released Claims, but each
Governmental Entity hereby expressly waives and fully, finally, and forever settles,
releases and discharges, upon the Effective Date, any and all Released Claims that may
exist as of such date but which Releasors do not know or suspect to exist, whether
through ignorance, oversight, error, negligence or through no fault whatsoever, and
which, if known, would materially affect the Governmental Entities’ decision to
participate in the Kroger Settlement.
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11.Nothing herein is intended to modify in any way the terms of the Kroger Settlement, to
which Governmental Entity hereby agrees. To the extent this Participation and Release
Form is interpreted differently from the Kroger Settlement in any respect, the Kroger
Settlement controls.
I have all necessary power and authorization to execute this Participation and Release
Form on behalf of the Governmental Entity.
Signature:/signer_1_kroger/
Name:/name_1_kroger/
Title:/title_1_kroger/
Date:/date_1_kroger/
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DocuSign Envelope ID: 4B3EB3FF-7A1B-41F6-85E7-50975B3341B3
Ginny Dickey (Jun 24, 2024 14:24 PDT)
Ginny Dickey
Ginny Dickey
Mayor
06/24/2024
ATTESTED TO:
Kroger Opioid Settlement Agreement
Final Audit Report 2024-06-24
Created:2024-06-24
By:Linda Mendenhall (lmendenhall@fountainhillsaz.gov)
Status:Signed
Transaction ID:CBJCHBCAABAAUDGgDsPVkSrhCjcrIB0-ZFY8HR7HSJ92
"Kroger Opioid Settlement Agreement" History
Document created by Linda Mendenhall (lmendenhall@fountainhillsaz.gov)
2024-06-24 - 8:04:46 PM GMT- IP address: 184.178.192.162
Document emailed to gdickey@fountainhillsaz.gov for signature
2024-06-24 - 8:10:48 PM GMT
Email viewed by gdickey@fountainhillsaz.gov
2024-06-24 - 8:10:54 PM GMT- IP address: 3.232.50.116
Signer gdickey@fountainhillsaz.gov entered name at signing as Ginny Dickey
2024-06-24 - 9:24:43 PM GMT- IP address: 68.2.112.40
Document e-signed by Ginny Dickey (gdickey@fountainhillsaz.gov)
Signature Date: 2024-06-24 - 9:24:45 PM GMT - Time Source: server- IP address: 68.2.112.40
Document emailed to Linda Mendenhall (lmendenhall@fountainhillsaz.gov) for signature
2024-06-24 - 9:24:46 PM GMT
Email viewed by Linda Mendenhall (lmendenhall@fountainhillsaz.gov)
2024-06-24 - 9:24:52 PM GMT- IP address: 52.202.236.132
Document e-signed by Linda Mendenhall (lmendenhall@fountainhillsaz.gov)
Signature Date: 2024-06-24 - 9:25:52 PM GMT - Time Source: server- IP address: 184.178.192.162
Agreement completed.
2024-06-24 - 9:25:52 PM GMT