09 09 25 Secondary Manufacturers Settlements - CL-1761676 - Opioids Implementation Administrator
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New National Opioids Settlement: Secondary Manufacturers
Opioids Implementation Administrator
opioidsparticipation@rubris.com
Tolleson city, AZ
Reference Number: CL-1761676
TO LOCAL POLITICAL SUBDIVISIONS:
THIS PACKAGE CONTAINS DOCUMENTATION TO PARTICIPATE IN THE NEW
NATIONAL OPIOIDS SECONDARY MANUFACTURERS SETTLEMENTS. YOU
MUST TAKE ACTION IN ORDER TO PARTICIPATE.
Deadline:
October 8, 2025
A new proposed national opioids settlement (“Secondary Manufacturers
Settlements”) has been reached with eight opioids manufacturers: Alvogen, Amneal,
Apotex, Hikma, Indivior, Mylan, Sun, and Zydus (“Settling Defendants”). This
Combined Participation Package is a follow-up communication to the Notice of
National Opioids Settlement recently received electronically by your subdivision.
You are receiving this Combined Participation Package because Arizona is
participating in the Secondary Manufacturers Settlements.
Arizona is eligible and participating in the settlements with all eight manufacturers,
therefore, the subdivisions in Arizona are eligible to participate in all eight
manufacturers’ settlements.
This electronic envelope contains:
A Combined Participation Form for the Secondary Manufacturers Settlements
that your subdivision is eligible to join, including a release of any claims.
The Combined Participation Form must be executed, without alteration, and
submitted on or before October 8, 2025, in order for your subdivision to be
considered for initial participation calculations and payment eligibility under
the Secondary Manufacturers Settlement.
Based upon Combined Participation Forms received on or before October 8, 2025, the
subdivision participation rate will be used to determine whether participation is
sufficient for each settlement to move forward and whether a state earns its
maximum potential payment under each settlement. If a 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 Arizona is settling and other participating subdivisions are sharing in
settlement funds. Any subdivision that does not participate may also reduce the
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amount of money for programs to remediate the opioid crisis in Arizona. Please note,
the distribution of settlement funds will be determined by the One Arizona
Distribution of Opioid Settlement Funds Agreement.
You are encouraged to discuss the terms and benefits of the Secondary
Manufacturers Settlements with your counsel, your Attorney General’s Office, and
other contacts within your state.
Information and documents regarding the Secondary Manufacturers Settlements,
implementation 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.
This
Participation Packet
is different than the participation packet you recently
received from Rubris concerning a settlement with Purdue Pharma, L.P, and the
Sackler Family. The
Secondary Manufacturers Settlements
discussed in this
Participation Packet
are different than the settlement with Purdue and the Sacklers,
and you may participate in the
Secondary Manufacturers Settlements
regardless of
whether you join the Purdue and Sackler settlement.
How to return signed forms:
There are three methods for returning the executed Combined Participation Form to
the Implementation Administrator:
(1)Electronic Signature via DocuSign: Executing the Combined 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
Combined 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 Combined
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 Combined Participation Form using DocuSign, the signed
Combined Participation Form may be returned via electronic mail to
opioidsparticipation@rubris.com. Please include the name, state, and
reference ID of your subdivision in the body of the email and use the subject
line Combined Settlement Participation Form – [Subdivision Name, Subdivision
State] – [Reference ID].
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Detailed instructions on how to sign and return the Combined Participation Form,
including
changing
the
authorized
signer,
can
be
found
at
https://nationalopioidsettlement.com/additional-settlements/. You may also contact
opioidsparticipation@rubris.com.
The sign-on period for subdivisions ends on October 8, 2025.
If you have any questions about executing the Combined Participation Form, please
contact your counsel, the Implementation Administrator at
opioidsparticipation@rubris.com, or Jane Fallon, Assistant Attorney General, Arizona
Attorney General’s Office, Jane.Fallon@azag.gov or 602-542-7972.
Thank you,
Secondary Manufacturers Settlements Implementation Administrator
The Implementation Administrator is retained to provide the settlement notice
required by the Secondary Manufacturers Settlements and to manage the collection
of the Combined Participation Form.
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EXHIBIT K
Secondary Manufacturers’ Combined Subdivision Participation and Release Form
(“Combined Participation Form”)
Governmental Entity: Tolleson city
State: AZ
Authorized Official: /officialname_som/
Address 1: /address1_som/
Address 2: /address2_som/
City, State, Zip: /cit_sm/ /state_sm/ /zi_sm/
Phone: /phone_som/
Email: /email_som/
The governmental entity identified above (“Governmental Entity”), in order to obtain and
in consideration for the benefits provided to the Governmental Entity pursuant to each of the
settlements which are listed in paragraph 1 below (each a “Secondary Manufacturer’s Settlement”
and collectively, “the Secondary Manufacturers’ Settlements”), and acting through the
undersigned authorized official, hereby elects to participate in each of the Secondary
Manufacturers’ Settlements, release all Released Claims against all Released Entities in each of the
Secondary Manufacturers’ Settlements, and agrees as follows.
1. The Participating Entity hereby elects to participate in each of the following Secondary
Manufacturers’ Settlements as a Participating Entity:
a.
Settlement Agreement for Alvogen, Inc. dated April 4, 2025.
b.
Settlement Agreement for Apotex Corp. dated April 4, 2025.
c.
Settlement Agreement for Amneal Pharmaceuticals LLC dated April 4, 2025.
d.
Settlement Agreement for Hikma Pharmaceuticals USA Inc. dated April 4, 2025.
e.
Settlement Agreement for Indivior Inc. dated April 4, 2025.
f.
Settlement Agreement for Viatris Inc. (“Mylan”) dated April 4, 2025.
g.
Settlement Agreement for Sun Pharmaceutical Industries, Inc. dated April 4, 2025.
h.
Settlement Agreement for Zydus Pharmaceuticals (USA) Inc. dated April 4, 2025.
2. The Governmental Entity is aware of and has reviewed each of the Secondary
Manufacturers’ Settlements, understands that all capitalized terms not defined in this
Combined Participation Form have the meanings defined in each of the Secondary
Manufacturers’ Settlements, and agrees that by executing this Combined Participation
Form, the Governmental Entity elects to participate in each of the Secondary
Manufacturers’ Settlements and become a Participating Subdivision as provided in each of
the Secondary Manufacturers’ Settlements.
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 each of the Secondary
Manufacturers’ Settlements. With respect to any Released Claims pending in In re
National Prescription Opiate Litigation, MDL No. 2804, the Governmental Entity
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authorizes the Plaintiffs’ Executive Committee to execute and file on behalf of the
Governmental Entity a Stipulation of Dismissal with Prejudice for each of the
manufacturers 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 Secondary Manufacturers’
Settlements pertaining to Participating Subdivisions as defined therein.
5. By agreeing to the terms of each of the Secondary Manufacturers’ 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 each of the
Secondary Manufacturers’ Settlements solely for the purposes provided therein.
7. The Governmental Entity submits to the jurisdiction of the court and agrees to follow the
process for resolving any disputes related to each Secondary Manufacturer’s Settlement as
described in each of the Secondary Manufacturers’ Settlements.1
8. The Governmental Entity has the right to enforce each of the Secondary Manufacturers’
Settlements as provided therein.
9. The Governmental Entity, as a Participating Subdivision, hereby becomes a Releasor for all
purposes in each of the Secondary Manufacturers’ Settlements, including without
limitation all provisions related to release of any claims,2 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 each of the Secondary
Manufacturers’ Settlements in any forum whatsoever. The releases provided for in each of
the Secondary Manufacturers’ Settlements are intended by the Parties to be broad and shall
be interpreted so as to give the Released Entities in each of the Secondary Manufacturers’
Settlements the broadest possible bar against any liability relating in any way to Released
1 See Settlement Agreement for Alvogen, Inc. Section VII.F.2; Settlement Agreement for Apotex Corp. Section
VII.F.2; Settlement Agreement for Amneal Pharmaceuticals LLC Section VII.F.2; Settlement Agreement for Hikma
Pharmaceuticals USA Inc. Section VII.F.2; Settlement Agreement for Indivior Section VI.F.2; Settlement Agreement
for Mylan Section VI.F.2; Settlement Agreement for Sun Pharmaceutical Industries, Inc. Section VII.F.2; Settlement
Agreement for Zydus Pharmaceuticals (USA) Inc. Section VII.F.2.
2 See Settlement Agreement for Alvogen, Inc. Section XI; Settlement Agreement for Amneal Pharmaceuticals LLC
Section X; Settlement Agreement for Apotex Corp. Section XI; Settlement Agreement for Hikma Pharmaceuticals
USA Inc. Section XI; Settlement Agreement for Indivior Section X; Settlement Agreement for Mylan Section X;
Settlement Agreement for Sun Pharmaceutical Industries, Inc. Section XI; Settlement Agreement for Zydus
Pharmaceuticals (USA) Inc. Section XI.
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Claims and extend to the full extent of the power of the Governmental Entity to release
claims. Each of the Secondary Manufacturers’ Settlements shall be a complete bar to any
Released Claim against that manufacturer’s Released Entities.
10. The Governmental Entity hereby takes on all rights and obligations of a Participating
Subdivision as set forth in each of the Secondary Manufacturers’ Settlements.
11. In connection with the releases provided for in each of the Secondary Manufacturers’
Settlements, 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 in each of the Secondary
Manufacturers’ Settlements, 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 each of the Secondary Manufacturers’ Settlements.
12. The Governmental Entity understands and acknowledges that each of the Secondary
Manufacturers’ Settlements is an independent agreement with its own terms and
conditions. Nothing herein is intended to modify in any way the terms of any of the
Secondary Manufacturers’ Settlements, to which Governmental Entity hereby agrees, aside
from the exceptions in paragraph 13 below. To the extent this Combined Participation
Form is interpreted differently from any of the Secondary Manufacturers’ Settlements in
any respect, the individual Secondary Manufacturer’s Settlement controls.
13. For the avoidance of doubt, in the event that some but not all of the Secondary
Manufacturers’ Settlements proceed past their respective Reference Dates, all releases and
other commitments or obligations shall become void only as to those Secondary
Manufacturers’ Settlements that fail to proceed past their Reference Dates. All releases and
other commitments or obligations (including those contained in this Combined
Participation Form) shall remain in full effect as to each Secondary Manufacturer’s
Settlement that proceeds past its Reference Date, and this Combined Participation Form
need not be modified, returned, or destroyed as long as any Secondary Manufacturer’s
Settlement proceeds past its Reference Date.
K-3
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I have all necessary power and authorization to execute this Combined Participation Form
on behalf of the Governmental Entity.
Signature:
/signer_1_som/
Name:
/name_1_som/
Title:
/title_1_som/
Date:
/date_1_som/
K-4
Docusign Envelope ID: 2EFC1034-716A-4259-BB90-2E699879447B