HomeMy WebLinkAboutItem #1 Opioid Settlement AllocationNational Opioid Settlement: Kroger Co.
Chubbuck city, ID
Rubris Reference Number: CL -791001
TO LOCAL POLITICAL SUBDIVISIONS.-
THIS
UBDIVISIONS.THIS NOTICE CONTAINS IMPORTANT INFORMATION ABOUT A NEW
NATIONAL OPIOID SETTLEMENT.
KROGER CO. SETTLEMENT OVERVIEW
A proposed nationwide settlement agreement ("Settlement") has been reached that
would resolve the legal claims of states and local political subdivisions against
regional supermarket pharmacy Kroger Co. related to alleged misconduct related to
opioids.
The Settlement requires Kroger Co. to pay over a billion dollars to abate the opioid
epidemic. Of this amount, approximately $1.2 billion will be used by participating
states and subdivisions to remediate and abate the impacts of the opioid crisis.
Depending on participation by states and subdivisions, the Settlement requires
payments over eleven years after its effective date.
The Settlement also contains injunctive relief governing opioid dispensing practices
and requires Kroger Co. to implement safeguards to prevent diversion of
prescription opioids.
The proposed settlement has two key participation steps.
First, each eligible state decides whether to participate in each Settlement. A list of
participating states for each settlement can be found at
https://nationalopioidsettlement.com.
Second, eligible subdivisions within each participating state decide whether to
participate in the Settlement. The more subdivisions that participate, the more
funds flow to that state and its subdivisions. Any subdivision that does not
participate cannot directly share in any of the settlement funds, even if the
subdivision's state is settling and other participating subdivisions are sharing in
settlement funds. If the state does not participate, the subdivisions in that state are
not eligible to participate in the Settlement.
WHO IS RUBRIS INC. AND WHAT IS THE IMPLEMENTATION
ADMINISTRATOR?
The Settlement provides that an Implementation Administrator will provide notice
and manage the collection of participation forms. Rubris Inc. is the Implementation
Administrator for this new Settlement and was also retained for the prior national
opioid settlements.
WHY IS YOUR SUBDIVISION RECEIVING THIS NOTICE?
Your state has elected to participate in the Settlement, and therefore your
subdivision may participate in that Settlement. This notice is also sent directly to
counsel for such subdivisions if the Implementation Administrator has their
information.
If you are represented by an attorney with respect to opioid claims, please contact
them. Subdivisions can participate in the Settlement whether or not they
filed a lawsuit or are represented.
WHERE CAN YOU FIND MORE INFORMATION?
Detailed information about the Settlement, including each settlement agreement,
may be found at: https://nationalopioidsettlement.com. This website also includes
information about how the Settlement are being implemented in most states and
how funds will be allocated within your state.
You are encouraged to review the settlement agreement terms and discuss the
terms and benefits with your counsel, your Attorney General's Office, and other
contacts within your state. Information and documents regarding the Settlement
and your state allocation can be found on the settlement website at
https://nationalopioidsettlement.com.
Your subdivision will need to decide whether to participate in the proposed
Settlement, and subdivisions are encouraged to work through this process before
the August 12, 2024, deadline.
HOW DO YOU PARTICIPATE IN THE SETTLEMENT?
The Settlement requires that you take affirmative steps to "opt in" to the
Settlement.
In the next few weeks, you will receive documentation and instructions from the
Implementation Administrator or, in some cases, your Attorney General's Office. In
order to participate in a settlement, a subdivision must sign and return the required
Participation Form.
Please add the following email addresses to your "safe" list so emails do not go to
spam / junk folders: dse na3@docusign.net and opioidsparticipation@rubris.com.
Please monitor your email for the Participation Form and instructions.
All required documentation must be signed and returned on or before August 12,
2024.
DocuSign Envelope ID: 5254E16F-428F-46D6-8A28-EC6E04CC29BA
New National Opioids Settlement: Kroger
Opioids Implementation Administrator
ooioidsparticipationr(�Drubris. com
Chubbuck city, ID
Reference Number: CL -791001
TO LOCAL POLITICAL SUBDIVISIONS.
THIS PACKAGE CONTAINS DOCUMENTATION TO PARTICIPATE IN THE NEW
NATIONAL OPIOIDS SETTLEMENT. YOU MUST TAKE ACTION IN ORDER TO
PARTICIPATE.
Deadline. August 22, 2024
A new proposed national opioids settlement ("New National Opioids Settlement')
has been reached with Kroger ("Settling Defendant"). This Participation Package is
a follow-up communication to the Notice of National Opioids Settlement recently
received electronically by your subdivision.
You are receiving this Participation Package because Idaho is participating in the
Kroger settlement.
If a state does not participate in a particular Settlement, the subdivisions in that
state are not eligible to participate in that Settlement.
This electronic envelope contains:
The Participation Form for the Kroger settlement, including a release of any
claims.
The Participation Form must be executed, without alteration, and
submitted on or before August 12, 2024, in order for your subdivision to
be considered for initial participation calculations and payment eligibility.
Based upon subdivision participation forms received on or before August 12, 2024,
the subdivision participation rate will be used to determine whether participation is
sufficient for the settlement to move forward and whether a state earns its
maximum potential payment under the settlement. If the settlement moves
forward, 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 settlement
funds, even if the subdivision's state is settling and other participating subdivisions
are sharing in settlement funds. Any subdivision that does not participate may also
reduce the amount of money for programs to remediate the opioid crisis in its state.
Please note, a subdivision will not necessarily directly receive settlement funds by
participating; decisions on how settlement funds will be allocated within a state are
subject to intrastate agreements or state statutes.
DocuSign Envelope ID: 5254E16F-428F-4BD6-8A28-EGUE04GG29BA
You are encouraged to discuss the terms and benefits of the New National Opioids
Settlement with your counsel, your Attorney General's Office, and other contacts
within your state. Many states are implementing and allocating funds for this new
settlement the same as they did for the prior opioids settlements with McKesson,
Cardinal, Cencora (formerly AmerisourceBergen), J&J/Janssen, Teva, Allergan, CVS,
Walgreens, and Walmart but states may choose to treat this settlement differently.
Information and documents regarding the New National Opioids Settlement and
how it is being implemented in your state and how funds will be allocated within
your state can be found on the national settlement website at
https://nationalopioidsettlement.com/. This website will be supplemented as
additional documents are created.
How to return signed forms:
There are three methods for returning the executed Participation Form and any
supporting documentation to the Implementation Administrator:
(1) Electronic Signature via DocuSign: Executing the Participation Form
electronically through DocuSign will return the signed form to the
Implementation Administrator and associate your form with your
subdivision's records. Electronic signature is the most efficient method for
returning the Participation Form, allowing for more timely participation and
the potential to meet higher settlement payment thresholds, and is therefore
strongly encouraged.
(2) Manual Signature returned via DocuSign: DocuSign allows forms to be
downloaded, signed manually, then uploaded to DocuSign and returned
automatically to the Implementation Administrator. Please be sure to
complete all fields. As with electronic signature, returning a manually signed
Participation Form via DocuSign will associate your signed forms with your
subdivision's records.
(3) Manual Signature returned via electronic mail: If your subdivision is unable to
return an executed Participation Form using DocuSign, the signed
Participation Form may be returned via electronic mail to
oopioidsl2articipation rubris com. Please include the name, state, and
reference ID of your subdivision in the body of the email and use the subject
line Settlement Participation Form - [Subdivision Name, Subdivision State] -
[Reference ID].
Detailed instructions on how to sign and return the Participation Form, including
changing the authorized signer, can be found at
https://nationalopioidsettlement.com. You may also contact
opioidsparticipationrubris com.
The sign -on period for subdivisions ends on August 12, 2024.
DocuSign Envelope ID: 5254E15F-428F-4BD8-8A28-ECOE04CC29BA
If you have any questions about executing the Participation Form, please contact
your counsel, the Implementation Administrator at oopioidsparticipationccprubris.com,
or the Idaho Attorney General's Consumer Protection Division at
oopioidsettlementCcaa.idaho.gov.
Thank you,
New National Opioids Settlement Implementation Administrator
The Implementation Administrator is retained to provide the settlement notice
required by the New National Opioids Settlement and to manage the collection of
the Participation Form.
DocuSign Envelope ID: 5254E16F-428F-46D6-8A28-ECOE04CC298A
Subdivision Participation and Release Form
Governmental Entity: Chubbuck city State: ID
Authorized Signatory:
Address 1:
Address 2:
City, State, Zip:
Phone:
Email:
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.
The Governmental Entity is aware of and has reviewed the Kroger Settlement,
understands that all terms in this Participation and Release Eorm 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
DocuSign Envelope V: 5254E16F-428F-4BD6-8A28-ECOE04CC29BA
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.
DocuSign Envelope ID: 5254E16F-428F-4BD6-8A28-ECOE04CC29BA
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:
Name:
Title:
Date: