HomeMy WebLinkAbout4730 Resolution - National Six Remnant Defendants Opioid Settlement - City Manager AuthorizationResolution - Participation in the National Six Remnant Defendants Opioids Settlement - 1
RESOLUTION NO. 4730
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON,
AUTHORIZING THE CITY MANAGER TO SIGN SETTLEMENT
PARTICIPATION FORMS FOR THE NATIONAL SIX REMNANT
DEFENDANTS OPIOIDS SETTLEMENT.
WHEREAS, the opioid epidemic has caused significant harm to communities across the
United States, including the City of Pasco, through increased rates of addiction, overdose, and
related social and economic impacts; and
WHEREAS, governmental entities, including local governments, have pursued litigation
against entities within the pharmaceutical supply chain that manufactured, marketed, distributed,
or dispensed opioid products in order to hold them accountable for their role in the opioid crisis;
and
WHEREAS, as a result of such litigation, a series of national opioid settlements has been
reached to provide funding for opioid abatement, prevention, treatment, and recovery efforts; and
WHEREAS, a new proposed national opioid settlement has been reached with six regional
distributors and dispensers—Associated Pharmacies, Inc. (and American Associated Pharmacies),
J M Smith Corporation, Louisiana Wholesale Drug Company, Inc., Morris and Dickson Co., North
Carolina Mutual Wholesale Drug Company, Inc., and United Natural Foods, Inc. (collectively, the
“Six Remnant Defendants”); and
WHEREAS, the Six Remnant Defendants Settlement provides an opportunity for eligible
governmental entities, including the City of Pasco, to receive settlement funds in exchange for
releasing certain claims and agreeing to the terms of the settlement, provided that the City executes
a Combined Subdivision Participation and Release Form (also referred to as “Combined
Participation Form”), Exhibit A, by the established deadline in order to be included in
participation calculations and eligible for payment; and
WHEREAS, the City Council finds that participation in the Six Remnant Defendants
Settlement is in the best interest of the City and its residents in order to support ongoing efforts to
address and mitigate the impacts of the opioid crisis.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PASCO, WASHINGTON:
That the City Council of the City of Pasco approves the terms and conditions of the Six
Remnant Defendants Combined Subdivision Participation and Release related to the Remnant
Defendants’ Settlement Agreement; and
Resolution - Participation in the National Six Remnant Defendants Opioids Settlement - 2
Be It Further Resolved, that the City Council of the City of Pasco authorizes the City
Manager to sign all necessary documentation for that purpose including the Combined Subdivision
Participation and Release Form.
Be It Further Resolved, that this resolution shall take effect immediately.
PASSED by the City Council of the City of Pasco, Washington, on this 20th day of April,
2026.
Charles Grimm
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Krystle Shanks Ogden Murphy Wallace, PLLC
Deputy City Clerk City Attorney
CONFIDENTIAL
7900 Westpark Drive
Suite A100
McLean, VA 22102
(571) 397-2050
www.rubris.com
New National Opioids Settlement: Six Remnant Defendants
Notice and Claims Administrator
opioidsparticipation@rubris.com
To: Pasco city, WA
Reference Number: CL-2022423
THIS PACKAGE CONTAINS DOCUMENTATION TO PARTICIPATE IN THE NEW
NATIONAL OPIOIDS SIX REMNANT DEFENDANTS SETTLEMENT. YOU MUST TAKE
ACTION IN ORDER TO PARTICIPATE.
Deadline: Monday, May 4, 2026
A new proposed national opioids settlement (“Six Remnant Defendants Settlement”) has
been reached with six regional distributors/dispenser defendants: Associated Pharmacies,
Inc. (and American Associated Pharmacies); J M Smith Corporation; Louisiana Wholesale
Drug Company, Inc.; Morris and Dickson Co.; North Carolina Mutual Wholesale Drug
Company, Inc.; and United Natural Foods, Inc. (including its subsidiaries SuperValu and
Advantage Logistics) (each individually, a “Remnant Defendant,” and, collectively, the “Six
Remnant Defendants”). This package is a follow-up communication to the Notice of
National Opioids Settlement recently sent electronically.
You are receiving this package, which includes a Combined Subdivision Participation and
Release Form, because your entity is eligible to participate.
This electronic envelope contains:
A Combined Subdivision Participation and Release Form for the Six Remnant
Defendants Settlement that your entity is eligible to join, including a release of any
claims.
The Combined Subdivision Participation and Release Form must be executed,
without alteration, and submitted on or before Monday, May 4, 2026, for your entity to
be included in the initial participation calculations and payment eligibility under the
Six Remnant Defendants Settlement.
The MDL Plaintiffs’ Executive Committee recommends that subdivisions agree to the
settlement. If a subdivision elects to participate in the Six Remnant Defendants Settlement
by executing the Combined Subdivision Participation and Release Form, the subdivision
elects to participate in the settlement as to all Six Remnant Defendants. A subdivision
cannot elect to participate in the settlement as to fewer than all Six Remnant Defendants.
Based upon Combined Subdivision Participation and Release Forms received on or before
Monday, May 4, 2026, the participation rate will be used by each Remnant Defendant to
Docusign Envelope ID: BF96BAFF-49B9-4C0B-881C-7211CA719F56
CONFIDENTIAL
7900 Westpark Drive
Suite A100
McLean, VA 22102
(571) 397-2050
www.rubris.com
individually determine whether participation is sufficient to move forward. If the settlement
moves forward, your release will become effective as to all Remnant Defendants that
determine to move forward. If a Remnant Defendant determines not to move forward, your
release as to that Remnant Defendant will not become effective.
You are encouraged to discuss the terms and benefits of the Six Remnant Defendants
Settlement with your counsel. Information and documents regarding the Six Remnant
Defendants Settlement, can be found on the national settlement website at
https://nationalopioidsettlement.com/. This website will be supplemented if additional
documents are created.
How to return signed forms:
There are three methods for returning the executed Combined Subdivision Participation
and Release Form to the Notice and Claims Administrator:
(1)Electronic Signature via DocuSign: Executing the Combined Subdivision
Participation and Release Form electronically through DocuSign will return the
signed form to the Notice and Claims Administrator and associate your form with
your entity’s records. Electronic signature is the most efficient method for returning
the Combined Subdivision Participation and Release 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 Rubris Platform Portal: If your entity is unable to
return an executed Combined Subdivision Participation and Release Form using
DocuSign, the signed Combined Subdivision Participation and Release Form may
be submitted via the Rubris Platform Portal. Please utilize the link within the New
National Opioid Settlement Notice email in order to upload your entity ’s Combined
Subdivision Participation and Release Form directly to the Rubris Platform Portal.
(3)Manual Signature returned via electronic mail: If your entity is unable to return an
executed Combined Subdivision Participation and Release Form using DocuSign,
the signed Combined Subdivision Participation and Release Form may be returned
via electronic mail to opioidsparticipation@rubris.com. Please include the name,
state, and reference ID of your entity in the body of the email and use the subject line
Combined Subdivision Participation and Release Form – [Entity Name, Entity State]
– [Reference ID].
Detailed instructions on how to sign and return the Combined Subdivision Participation and
Release Form, including changing the authorized signer, can be found at National Opioid
Settlement Website. You may also contact opioidsparticipation@rubris.com.
Docusign Envelope ID: BF96BAFF-49B9-4C0B-881C-7211CA719F56
CONFIDENTIAL
7900 Westpark Drive
Suite A100
McLean, VA 22102
(571) 397-2050
www.rubris.com
The sign-on period ends on Monday, May 4, 2026.
If you have any questions about executing the Combined Subdivision Participation and
Release Form, please contact your counsel or the Notice and Claims Administrator at
opioidsparticipation@rubris.com.
Thank you,
Notice and Claims Administrator
The Notice and Claims Administrator is retained to provide the settlement notice required
by the settlement agreement referenced above and to manage the collection of
settlement participation forms from the settlement.
Docusign Envelope ID: BF96BAFF-49B9-4C0B-881C-7211CA719F56
G-1
EXHIBIT G
Six (6) Remnant Defendants’
Combined Subdivision Participation and Release Form
(“Combined Participation Form”)
Governmental Entity: Pasco city State: WA
Authorized Official: /authorized_official/
Address 1: /address1/
Address 2: /address2/
City, State, Zip: /city/ /state_pd/ /zip/
Phone: /phone/
Email: /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 six (6)
Remnant Defendants’ Settlement Agreement (“RDSA”), dated February 3, 2026, and described
further in Paragraph 1, and acting through the undersigned authorized official, hereby elects to
participate in the RDSA, release all Released Claims against all Released Entities, and agrees as
follows:
1.The Governmental Entity hereby elects to participate in the RDSA as a Participating
Subdivision with each of the following six (6) Remnant Defendants that are parties to the
RDSA: (1) Associated Pharmacies, Inc. (and American Associated Pharmacies), (2) J M
Smith Corporation, (3) Morris and Dickson Co., L.L.C., (4) Louisiana Wholesale Drug
Company, Inc., (5) North Carolina Mutual Wholesale Drug Company, Inc., and (6)
United Natural Foods, Inc. (and SuperValu).
2.The Governmental Entity is aware of and has reviewed the RDSA, understands that all
capitalized terms not defined in this Combined Participation Form have the meanings
defined in the RDSA, and agrees that by executing this Combined Participation Form, the
Governmental Entity elects to participate in the RDSA and become a Participating
Subdivision as provided in the RDSAs.
3.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 against any Released Entity in the RDSA. 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 for each of six (6) Remnant Defendants listed in Paragraph 1
above substantially in the form found at https://nationalopioidsettlement.com/additional-
settlements/.
4.The Governmental Entity agrees to the terms of each of the RDS A pertaining to Participating
Docusign Envelope ID: BF96BAFF-49B9-4C0B-881C-7211CA719F56
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Subdivisions as defined therein.
5.By agreeing to the terms of the RDSA settlements and becoming a Releasor, the
Governmental Entity is entitled to the benefits provided therein, including, if applicable,
monetary payments beginning after the Effective Date.
6.The Governmental Entity agrees to use any monies it receives through the RDSA
solely for the purposes provided therein.
7.The Governmental Entity submits to the jurisdiction of the MDL Court and agrees to
follow the process for resolving any disputes described in the RDSA.
8.The Governmental Entity has the right to enforce the RDSA as provided therein.
9.The Governmental Entity, as a Participating Subdivision, hereby becomes a Releasor for
all purposes of the RDSA, including without limitation all provisions related to release of
any claims, and along with all departments, agencies, divisions, boards, commissions,
districts, instrumentalities of any kind and attorneys, and any person in his or her official
capacity whether 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 the RDSA in any forum whatsoever. The release
provided for in the RDSA is intended by the Parties to be broad and shall be interpreted so
as to give the Released Entities in the RDSA 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 RDSA shall be a complete bar to any
Released Claim against the Released Entities.
10. The Governmental Entity hereby takes on all rights and obligations of a Participating
Subdivision as set forth in the RDSA.
11. In connection with the releases provided in the RDSA, 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.
Docusign Envelope ID: BF96BAFF-49B9-4C0B-881C-7211CA719F56
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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 in the RDSA, 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
RDSA.
12.The Governmental Entity understands and acknowledges that nothing herein is intended
to modify in any way the terms of any of the RDSA, to which Governmental Entity
hereby agrees. To the extent this Combined Participation Form is interpreted differently
from the RDSA in any respect, the RDSA controls.
I have all necessary power and authorization to execute this Combined Participation Form
on behalf of the Governmental Entity.
Signature: /signer_1/ a
Name: /name_1/ a
Title: /title_1/ a
Date: /date_1/ a
Docusign Envelope ID: BF96BAFF-49B9-4C0B-881C-7211CA719F56