Resolution 101-2022RESOLUTION NO. 101 - 2022
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA, RATIFYING THE EXECUTION OF A SUBDIVISION SETTLEMENT
PARTICIPATION FORM IN ORDER TO RESOLVE OPIOID LITIGATION WITH ENDO
HEALTH SOLUTIONS, INC. AND ENDO PHARMACEUTICALS, INC. IN MDL CASE
NO. 2804, AND AUTHORIZING THE COUNTY ATTONREY TO EXECUTE
ADDITIONAL PARTICIPATION FORMS AS NECESSARY IN ORDER TO SETTLE WITH
/e1177 i[6Iki/_111111:11b0 :1:11111B7 I
WHEREAS, Monroe County, Florida, has suffered harm from the opioid epidemic; and
WHEREAS, on April 3, 2019, Monroe County filed a complaint against eight (8)
manufacturers and eight (8) distributors, including certain national retail pharmacy
chains, who have manufactured, distributed and sold opioid substances, alleging
various causes of action including violation of 18 U.S.C. § 1961, Racketeer Influenced
and Corrupt Organizations (RICO) Act, violation of the Florida Deceptive and Unfair
Trade Practices Act, and other causes of action, which action was subsequently
removed to and consolidated with lawsuits filed by numerous other states and local
governments as part of multi -district litigation ("MDL"), In re: National Prescription
Opiate Litigation, MDL Case number 2804 (N.D. Ohio) (the "Opioid Litigation"), in which
Monroe County is a litigating party; and
WHEREAS, one of the manufacturers named in the County's complaint was Endo
Pharmaceuticals, Inc. and Endo Health Solutions, Inc. (collectively, Endo), which
actively marketed opioids to the public; and
WHEREAS, on May 15, 2018, the State of Florida filed its own complaint in the Circuit
Court for the Sixth Judicial Circuit in and for Pasco County, Case No. 2018-CA-001438-
CA, naming essentially the same distributor and manufacturer defendants, which case
is currently being litigated in that Circuit Court; and
WHEREAS, lawyers representing the State of Florida and also Florida local
governments (including Monroe County) have been engaged with the defendants in the
MDL litigation as well as litigation brought by the State of Florida and other states and
local governments not part of the MDL litigation, to discuss potential settlement of the
various cases; and
WHEREAS, on September 15, 2021, the Monroe County Board of County
Commissioners adopted Resolution No. 285-2021, authorizing Monroe County to join
with the State of Florida and other local government units as a participant in a Florida
Memorandum of Understanding to resolve the opioid litigation on a statewide basis; and
WHEREAS, Exhibit 1 to the MOU, including Schedules A and B, showed agreed upon
uses of settlement proceeds from the opioid proceeds and also showed a formula for
distribution of settlement proceeds among the State of Florida, Florida counties, and
Florida cities; and
WHEREAS, on December 8, 2021, the BOCC gave approval to execute settlement
agreements with the first three defendant distributors in the class action litigation
(Amerisource Bergen, Cardinal Health, and McKesson) and one manufacturer (Johnson
& Johnson); and
WHEREAS, on January 15, 2022, the Florida Attorney General announced that the
State of Florida had achieved a settlement with another defendant (manufacturer Endo),
and the Attorney General requested that each Florida county and city execute a
Participation Form as to this defendant; and
WHEREAS, resolution of Monroe County's claims against Endo will be beneficial to
Monroe County for numerous reasons: (a) Monroe County can expect to receive
approximately $32,034.86 in settlement funds from a Regional Abatement Fund and a
further $104,805.52 from a City/County settlement fund, all to be paid in one time
conditional upon finalization of the settlement between Florida local governments and
Endo; (b) the settlement funds can be used on substance abuse abatement problems;
(c) the proposed settlement amount is based on the distribution formula approved in
Resolution 285-2021, and is slightly higher than Monroe County would receive based on
population alone; and (d) the settlement will release all claims by Monroe County
against Endo and bring closure to the lawsuit as to this settling defendant; and
WHEREAS, the County Attorney executed the Participation Form for the Endo
settlement on March 1, 20222 in light of (a) the benefit to Monroe County, (b) the fact
that the funds shown are consistent with the distribution formula shown in Resolution
No. 285-2021, and (c) the fact that the Attorney General requested an immediate
approval in order to finalize the settlement. This item therefore seeks ratification of the
approved Participation Form; and
WHEREAS, in order to expedite the settlement process for future potential settlements
with settling defendants, staff is requesting that the BOCC authorize the County
Attorney to enter into future additional settlements with additional defendants on behalf
of Monroe County and to execute Participation Forms and related documents as
necessary to effect the settlements, provided the terms and conditions are consistent
with Resolution No. 285-2021 both in terms of the distribution formula and in terms of
approved uses for the settlement funds as shown in Schedules A and B to Exhibit 1 to
the MOU.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, AS FOLLOWS:
z
1. The Board of County Commissioners for Monroe County, Florida ratifies the
Participation Form for Endo (Exhibit A to this Resolution).
2. The Board of County Commissioners for Monroe County, Florida, grants
authority to the County Attorney to execute Participation Forms and any other
related documents in order to effect similar settlements with other settling
defendants, provided the terms are consistent with the plan for the allocation and
use of opioid settlement proceeds as generally described in the MOU attached to
Resolution No. 285-2021, including Exhibit 1 and Schedule A (Core Strategies)
and Schedule B (Approved Uses) to the Resolution.
3. This Resolution shall become effective immediately upon adoption.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of the Board held on March 16, 2022.
Mayor David Rice Yes
Mayor Pro Tern Craig Cates Yes
Commissioner Michelle Coldiron Yes
Commissioner District 3, Vacant Vacant
Commissioner Holly Merrill Raschein Yes
BOARD OF COUNTY COMMISSIONERS
C, CLERK OF THE COURT OF MONROE COUNTY, FLORIDA
6
JeOw
By: By:
As Deputy Clerk Mayor
Approved as to form and legal sufficiency:
MONROE COUNTY ATTORNEY'S OFFICE
-
N
( �•
V r�r
�
Z1-10
'i
Assistant County Attorney March 1, 2022
'
.,o..
M
r
3
Exhibit D
Subdivision Settlement Participation Form
Governmental Entity: Monroe County
State: Florida
Authorized Official: Robert B. Shillinger, Jr., County Attorney
Address 1: 1111 12th St., Suite 408
Address 2:
City, State, Zip: Key West, FL 33040
Phone: (305) 292-3470
Email: shillinger-bob@monroecounty-fl.gov
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 January 15, 2022 ("Endo Settlement"), and acting through the undersigned
authorized official, hereby elects to participate in the Endo Settlement, release all Released
Claims against all Releasees, and agrees as follows.
1. The Governmental Entity is aware of and has reviewed the Endo Settlement, understands
that all terms in this Subdivision Settlement Participation Form have the meanings
defined therein, and agrees that by signing this Subdivision Settlement Participation
Form, the Governmental Entity elects to participate in the Endo Settlement and become a
Participating Subdivision as provided therein.
2. The Governmental Entity shall immediately cease any and all litigation activities as to the
Releasees and Released Claims and, within the later of 7 days following the entry of the
Consent Judgment or 7 days of the Execution Date of this Subdivision Settlement
Participation Form voluntarily dismiss with prejudice any Released Claims that it has
filed.
3. The Governmental Entity agrees to the terms of the Endo Settlement pertaining to
Subdivisions as defined therein.
4. By agreeing to the terms of the Endo Settlement and expressly agreeing to the releases
provided for therein, the Governmental Entity is entitled to the benefits provided therein,
including, if applicable, monetary payments beginning after the Effective Date of the
Agreement.
The Governmental Entity agrees to use any monies it receives through the Endo
Settlement solely for the purposes provided therein.
6. The Governmental Entity submits to the jurisdiction of the Court for purposes limited to
the Court's role as provided in, and for resolving disputes to the extent provided in, the
Endo Settlement.
7. The Governmental Entity has the right to enforce those rights given to them in the Endo
Settlement.
The Governmental Entity, as a Participating Subdivision, hereby becomes a Releasor for
all purposes in the Endo Settlement, including, but not limited to, all provisions of
Section D and E, 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 Releasee in any forum whatsoever. The releases provided for in the
Endo Settlement are intended by the Parties to be broad and shall be interpreted so as to
give the Releasees 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 Endo 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 Endo Settlement.
10. In connection with the releases provided for in the Endo 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, and 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 of the Release, 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 Endo Settlement.
11. Nothing herein is intended to modify in any way the terms of the Endo Settlement, to
which the Governmental Entity hereby agrees. To the extent this Subdivision Settlement
Participation Form is interpreted differently from the Endo Settlement in any respect, the
Endo Settlement controls.
I have all necessary power and authorization to execute this Subdivision Settlement Participation
Form on behalf of the Governmental Entity.
Digitally signed by Robert B. Shillinger
Robert B Shillinger DN -Robert B. Shillinger Monroe County BOCC ou-Monroe
� County Attorney, email-Shillinger-bobCimonroecounty-fl.gov, -US
Signature: Date 2022.03.01 15:04 45-05'00'
Name: Robert B. Shillinger, Jr.
Title: County Attorney
Date: 3-1-2022
(the "Execution Date of this Subdivision
Settlement Participation Form")
Exhibit D
Subdivision Settlement Particivation Form
Governmental Entity: Monroe County BOCC
State: Florida
Authorized Official: Robert Shillin er Jr. County Attorney
Address 1: 1111 12th Street, Suite 408
Address 2:
City, State, Zip: Key West, FL 33040
Phone: (305)292-3470
Email: shillinger-bob@monroecounty-fl.gov
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 29, 2022 ("Allergan Settlement"), and acting through the undersigned
authorized official, hereby elects to participate in the Allergan Settlement, release all Released
Claims against all Releasees, and agrees as follows.
The Governmental Entity is aware of and has reviewed the Allergan Settlement,
understands that all terms in this Subdivision Settlement Participation Form have the
meanings defined therein, and agrees that by signing this Subdivision Settlement
Participation Form, the Governmental Entity elects to participate in the Allergan
Settlement and become a Participating Subdivision as provided therein.
2. The Governmental Entity shall immediately cease any and all litigation activities as to the
Releasees and Released Claims and, within the later of 7 days following the entry of the
Consent Judgment or 7 days of the Execution Date of this Subdivision Settlement
Participation Form voluntarily dismiss with prejudice any Released Claims that it has
filed.
3. The Governmental Entity agrees to the terms of the Allergan Settlement
pertaining to Subdivisions as defined therein.
4. By agreeing to the terms of the Allergan Settlement and expressly agreeing to the
releases provided for therein, the Governmental Entity is entitled to the benefits provided
therein, including, if applicable, monetary payments beginning after the Effective Date
of the Agreement.
5. The Governmental Entity agrees to use any monies it receives through the
Allergan Settlement solely for the purposes provided therein.
6. The Governmental Entity submits to the jurisdiction of the Court for purposes limited to
the Court's role as provided in, and for resolving disputes to the extent provided in, the
Allergan Settlement.
7. The Governmental Entity has the right to enforce those rights given to them in the
Allergan Settlement.
8. The Governmental Entity, as a Participating Subdivision, hereby becomes a Releasor for
all purposes in the Allergan Settlement, including, but not limited to, all provisions of
Section D and E, 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 Releasee in any forum whatsoever. The releases provided for in the
Allergan Settlement are intended by the Parties to be broad and shall be interpreted so as
to give the Releasees 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 Allergan 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 Allergan Settlement.
10. In connection with the releases provided for in the Allergan 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, and 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 of the Release, 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 Allergan Settlement.
11. Nothing herein is intended to modify in any way the terms of the Allergan Settlement, to
which the Governmental Entity hereby agrees. To the extent this Subdivision Settlement
Participation Form is interpreted differently from the Allergan Settlement in any respect,
the Allergan Settlement controls.
I have all necessary power and authorization to execute this Subdivision Settlement Participation
Form on behalf of the Governmental Entity.
Signature:
Robert B. Shillinger�
Name: Robert Shillinger
Title: County Attorney
Date: April 12, 2022
(the "Execution Date of this Subdivision
Settlement Participation Form")
Exhibit D
Subdivision Settlement ParticijRation Form
Governmental Entity: Monroe County BOCC
State: Florida
Authorized Official: Robert Shillin er, Jr., County Attorney
Address 1: 1111 12th Street, Suite 408
Address 2:
City, State, Zip: Key West, FL 33040
Phone: 305 292-3470
Email: shillinger-bob@monroecounty-fl.gov
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 29, 2022 ("CVS Settlement"), and acting through the undersigned
authorized official, hereby elects to participate in the CVS Settlement, release all Released
Claims against all Releasees, and agrees as follows.
The Governmental Entity is aware of and has reviewed the CVS Settlement, understands
that all terms in this Subdivision Settlement Participation Form have the meanings
defined therein, and agrees that by signing this Subdivision Settlement Participation
Form, the Governmental Entity elects to participate in the CVS Settlement and become a
Participating Subdivision as provided therein.
2. The Governmental Entity shall immediately cease any and all litigation activities as to the
Releasees and Released Claims and, within the later of 7 days following the entry of the
Consent Judgment or 7 days of the Execution Date of this Subdivision Settlement
Participation Form voluntarily dismiss with prejudice any Released Claims that it has
filed.
3. The Governmental Entity agrees to the terms of the CVS Settlement pertaining to
Subdivisions as defined therein.
4. By agreeing to the terms of the CVS Settlement and expressly agreeing to the releases
provided for therein, the Governmental Entity is entitled to the benefits provided therein,
including, if applicable, monetary payments beginning after the Effective Date of the
Agreement.
5. The Governmental Entity agrees to use any monies it receives through the CVS
Settlement solely for the purposes provided therein.
6. The Governmental Entity submits to the jurisdiction of the Court for purposes limited to
the Court's role as provided in, and for resolving disputes to the extent provided in, the
CVS Settlement.
7. The Governmental Entity has the right to enforce those rights given to them in the CVS
Settlement.
8. The Governmental Entity, as a Participating Subdivision, hereby becomes a Releasor for
all purposes in the CVS Settlement, including, but not limited to, all provisions of
Section D and E, 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 Releasee in any forum whatsoever. The releases provided for in the
CVS Settlement are intended by the Parties to be broad and shall be interpreted so as to
give the Releasees 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 CVS 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 CVS Settlement.
10. In connection with the releases provided for in the CVS 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, and 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 of the Release, 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 CVS Settlement.
11. Nothing herein is intended to modify in any way the terms of the CVS Settlement, to
which the Governmental Entity hereby agrees. To the extent this Subdivision Settlement
Participation Form is interpreted differently from the CVS Settlement in any respect, the
CVS Settlement controls.
I have all necessary power and authorization to execute this Subdivision Settlement Participation
Form on behalf of the Governmental Entity.
grtallysiy d by Naberc9. Sblll0 CC
Robert B. Shillinger a"' brtd=blllmger do ol,nnrne nnry,FL,
u—County nnorney, emaiFsbdlinger�robcmmonroerounry�
Signature:
Name: Robert B. Shillinger
Title: Monroe County Attorney
Date: April 12, 2022
(the "Execution Date of this Subdivision
Settlement Participation Form")
Exhibit D
Subdivision Settlement Particivation Form
Governmental Entity: Monroe County BOCC
State: Florida
Authorized Official: Robert Shillin er Jr. County Attorney
Address 1: 1111 12th Street, Suite 408
Address 2:
City, State, Zip: Key West, FL 33040
Phone: 305 292-3470
Email: shillinger-bob@monroecounty-fl.gov
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 29, 2022 ("Teva Settlement"), and acting through the undersigned
authorized official, hereby elects to participate in the Teva Settlement, release all Released
Claims against all Releasees, and agrees as follows.
The Governmental Entity is aware of and has reviewed the Teva Settlement, understands
that all terms in this Subdivision Settlement Participation Form have the meanings
defined therein, and agrees that by signing this Subdivision Settlement Participation
Form, the Governmental Entity elects to participate in the Teva Settlement and become a
Participating Subdivision as provided therein.
2. The Governmental Entity shall immediately cease any and all litigation activities as to the
Releasees and Released Claims and, within the later of 7 days following the entry of the
Consent Judgment or 7 days of the Execution Date of this Subdivision Settlement
Participation Form voluntarily dismiss with prejudice any Released Claims that it has
filed.
3. The Governmental Entity agrees to the terms of the Teva Settlement pertaining to
Subdivisions as defined therein.
4. By agreeing to the terms of the Teva Settlement and expressly agreeing to the releases
provided for therein, the Governmental Entity is entitled to the benefits provided therein,
including, if applicable, monetary payments beginning after the Effective Date of the
Agreement.
5. The Governmental Entity agrees to use any monies it receives through the Teva
Settlement solely for the purposes provided therein.
6. The Governmental Entity submits to the jurisdiction of the Court for purposes limited to
the Court's role as provided in, and for resolving disputes to the extent provided in, the
Teva Settlement.
7. The Governmental Entity has the right to enforce those rights given to them in the Teva
Settlement.
8. The Governmental Entity, as a Participating Subdivision, hereby becomes a Releasor for
all purposes in the Teva Settlement, including, but not limited to, all provisions of
Section D and E, 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 Releasee in any forum whatsoever. The releases provided for in the
Teva Settlement are intended by the Parties to be broad and shall be interpreted so as to
give the Releasees 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 Teva 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 Teva Settlement.
10. In connection with the releases provided for in the Teva 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, and 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 of the Release, 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 Teva Settlement.
11. Nothing herein is intended to modify in any way the terms of the Teva Settlement, to
which the Governmental Entity hereby agrees. To the extent this Subdivision Settlement
Participation Form is interpreted differently from the Teva Settlement in any respect, the
Teva Settlement controls.
I have all necessary power and authorization to execute this Subdivision Settlement Participation
Form on behalf of the Governmental Entity.
olgrtalry nyned ey noderc s, snow,ge.
Robert B. Shillinger "`°= be, Shlllmg I—Mh,g ornnon,— nfy,
u=County lttamey, email hill ingerbob4monroecounty-
fLgov,c=US
Signature: oafezaz2-213.39 4-o400
Name: Robert Shillinger, Jr.
Title: County Attorney
Date:
April 12, 2022
(the "Execution Date of this Subdivision
Settlement Participation Form")
EXHIBITID
SUBDIVISION ➢F l"'I'p..,EME 'l.' IP"AIII '➢I'ICdfPA"I'IO F'OII
Govcrnarria,ratral Entity Monroe County g;tatc Florida
...m _
A natduarn ized OffiiciaL Robert B. Shillinger, Jr. County Attorney
_...... x � . mm __----------
Address
d , 1111 12th St. Suite 408
_------ ®. e. .........
A4.ddres,s 2.
w _
ny
Ci t L 33040
`"'taa t n n Ke West F
Phone:: 305-292-3470
E'nnaull; shilliner bob ... mo . ... _
� � nr
......oecounty-fl:.g.°V.. ......... .
The g overnnn intap entity identified above ("Governrtaa°nial Enlni.))"), Iron order to obtain and
in co nsn deraaflon for the lau.Inefits provided to the Governnierntaad Flintnty pursuant to the Settlerrnen7it
Ag;rccrrnnent and Release dated May 4, 2022 ("Wanl,;.a-een ,5'cill`)v,?ent'°'),° aaind aacdngp through the
aanndersig rued authorized oflIciaal, hereby elects to paarticiparatc inn tllnc W adg;accnas Sct:t.dcrn ennt, rcllcasc
all Rcdcaa,se d (;daainnas against all Relcasc es„ and agrees as follows.
The Govcrnnrnrcrntaa.11 d-d,ntnty is aware of and has rcvuewecd the Waadg;rccnns Settlerrient,
u,nnderstaa nds that all terms in this Snack 'vNionii Settlerrien➢t Pr..al"tacnp'natiola d"fall"nnn Ihave tho
rrnca nnrngg,s defined therein, aand agrees that by signing this Subdivision Settle nricrat
Paa.rticipaaation ➢orm, the (xeavernnmenntad EMd.nty cleds to praix6cipaaatc in the "Wn/adg ree ns
Scttlenaacnnt and bccoranc as Paarheliptaatinag i.ibadivisicann as provided thercina.
2. The CroverunnaacnnGaad Entity shall irru-needilatclly nwcausc any and all ditig;aationn activities as to the
R.cdc, asee,s and Re eased C paainaal5 and, within th(., later cad'7 days iaaddu wilruy lhe. cnntry of the
C'onnscnut .lu dg;rnacuant or 7 days of'th(.., Execution Date ol'thi,s Si..i divisauaaa Settdcrnncnat
Participation 7I=n'orricn, voluntarily adis is ss w4h gancjanadicc any Re ea.sccd Clain-is that it has
p'iied.
3 The Governnnnacnataal Entity agrees to tllac ter rns of the e Wa lg reenns `�e tlennacrnt p ertaa.illi ngd to
Subdivisions as defined thercuin,,
4,. By agreeing to the tens n,s of tdre Waapgreenns `ettllcnracnnt and expressly aag reci ngn; to the
Releases provided for therein, the Governmental entaal Entity is entitled to the benefits provided
therein, irncluding , if aapap licaable, monetary Irraayirnacunts begituring after the Ei"betive Date of
the Release.
. "p:'he Govelrnnnarncrntad p-nntity aa.g:grec's to use any rancor es it receives tlhncarllg h thie Walgreerns
ScItflernnent solely for the purposes uses provided therein.
6 p"dne; Gover nnnncrnt«ad p ML4y su:ubrnnit,s to the jurisdiction of t.pnc Court.: flor purposes limited to
t.11nc Cou rt's reek as provided.d. in, and floc resolvinlg:; nflisp:nu:ntc:Is to the cxtcunt provided in, the
aalg ree ns Set.tpcnne;nat„
_ ........
ThL defined ed terriu,s ir� the Walhlreens Setflemcnot shaH have, the same iInea ning hil naun.s tso.allae:tuvtstm
Sefflerrienit Paria 6pation 1Form.
T The Govenirriental E'ritity has the to enforce those. rights given to it in Ore Walgreens
Se'llIerneilL
K The Govell-II-Irnell'ital FrArty, as as Particil)'Iting SLibdivlsion, hereby beconics as Releasoir for
aH Plirposes in the Walgreens SettIcrrient, ➢'Ilcludira, btit riot lirn4cd to, all provisions of
Section 1) and F, and along with ali departnients, agencies, d'� on Msis, boards,
D
C"011,11FIlissions, distrilets, instrumenitalities of Liny kind and attorneys, and any lm-sori irl
their official capacity epcctcd or appointed to serve any of[tic foregoing and any agency,
persun, or other ellAity clain,iing by or through any oftl-ietloregoing, and. any other entity
identlified in the definJillon end"Releasor, provides for an release to the ftdIest extent ofilts
authority. As as R.cleasor, the Goverrii-nerital Enflty hereby absolutely, unconditionafly,
and pirrevocably covenants not to bring, t1le, or clairn, or to cause, assist or 1.)errnit to The
brought, Ifled, or clainied, oir to otherwisc seek to establish Iliaability fior any Released
Clairris against any Releasee in any fi)rwi-i whatsoever,. The releases provided. for in. the
Walgireens Settlement are intended by thc Parl.Jes to be broad and shall be interpretcd so
as to give the Releasecs the broadest possible Ibanr against any liabdity relating in any way
to any Released (Iaims arid exterid to the fi.ffl extent of tine power of the Governri,iientA
E.n.tity to release 0airns, '-]'lie Walgreeris Seffleryient shall be a.cornplIcte bar to any
Released Clairn,
9. Tfic Governinental FInitity hereby takcs on all rights and obligations of as Parfiellpating
Subdivisioin as set. R.)rlh in the WakTreens Settlen-icrit-
tD
M In connectioi'i with the releases provided l'or Iri the Walgreeris Settlement, the
Goverruncrital Entity cxpressly waives, releases, Lind forever discharges any and all
prmsions, rigl'its, arld he'llefits confien-ed lby any law ofany stale or territory ofthe United
Statcs or other'iii.risdicu'lon, or pl-irICIPIC 0FCOFnFrIOD law, which is sirndar, cornparalfle, or
equivalent to § t 542 of flee (-'aliforriia (..'ivil Code, which reads:
Cp'eneral Release; extent. A gencral release does not extend to c ainls t,hat
the creditor or releasing party does not know or srnspect to exist in his or
her flavor at the thine ofexecuitlfg, the release, and that it'known. by hin-i or
her wokild have rrmterially afTected h.is or heir setflcrnent with the debtor or
retcased party.
As as Relleasor, the Governnicrital F ntllty rriay hereafter discover facts otheir th'an. or
diffierent fi-ori-i those which it knows, beheves, or assun'les to be tirkic with respect to the
Released (.1airi,iis, but the (Jovernimental Fritity hereby expressly wallves and fiLdly, firially,
and forever settles, releases and discharges, upoin the l!"11ectilve Date of the Release, any
and all Released Clain-is that ri,iay exist as ofsrieh date but wl-iieh Releasors do not know
or stisped to exist, whether through ignorance, oversight, erroir, rregligeriec or thWUgh no
fariN whatsoever, and whnch, it'known, would inaterially affect the (.3overrimcintal
FA-Itity's decision ten Participate in tire 'Malgreens ScUlemerii.t.
1, 1. Nothinig herein is interiided to rnodify in arry way the terrins of the Walgreeins Serflei,ricrit,
to which the Goverrin-mital Entity hereby agrees. Yo flic extent thils 'Subdivisilorl
ScUlernenit Partin, pation Forn-a. os irAcrpreted differcrifly froii-a. tfle Watgrcens Seallen-ient in
any resp ct, the Wall(p-ecris Settiernent conh.,ok,
1. have aH necessary power and atithorization to executc tIds Subdivision Setflen'ient Participation
goon-ni on behalf'ofthe (3ovcrnrnerita➢ E'ritity.
Robert B. Shillinger
Sign.ature:
Name: Robert B. Shillinger, Jr.
Title.- County Attorney
Date 5-6-2022
.........................................
(the "I,"XCCLrdOII Dflte Of hi SOXHIJSi011
...........................................
S el rOC imijion J�Or�If')
EXHIBIT D
SUBDIVISION SETTLEMENT PARTICIPATION FORM
Governmental Entity: Monroe County State: Florida
Authorized Official: Robert B. Shillin er, Jr. County Attorney
Address 1: 1111 12th Street Suite 408
Address 2:
City, State, Zip: Key West, FL 33040
Phone: 305 292-3470
Email: shillinger-bob@monroecounty-fl.go
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 and Release dated May 4, 2022 ("Walgreens Settlement"),' and acting through the
undersigned authorized official, hereby elects to participate in the Walgreens Settlement, release
all Released Claims against all Releasees, and agrees as follows.
1. The Governmental Entity is aware of and has reviewed the Walgreens Settlement,
understands that all terms in this Subdivision Settlement Participation Form have the
meanings defined therein, and agrees that by signing this Subdivision Settlement
Participation Form, the Governmental Entity elects to participate in the Walgreens
Settlement and become a Participating Subdivision as provided therein.
2. The Governmental Entity shall immediately cease any and all litigation activities as to the
Releasees and Released Claims and, within the later of 7 days following the entry of the
Consent Judgment or 7 days of the Execution Date of this Subdivision Settlement
Participation Form, voluntarily dismiss with prejudice any Released Claims that it has
filed.
3. The Governmental Entity agrees to the terms of the Walgreens Settlement pertaining to
Subdivisions as defined therein.
4. By agreeing to the terms of the Walgreens Settlement and expressly agreeing to the
Releases provided for therein, the Governmental Entity is entitled to the benefits provided
therein, including, if applicable, monetary payments beginning after the Effective Date of
the Release.
5. The Governmental Entity agrees to use any monies it receives through the Walgreens
Settlement solely for the purposes provided therein.
6. The Governmental Entity submits to the jurisdiction of the Court for purposes limited to
the Court's role as provided in, and for resolving disputes to the extent provided in, the
Walgreens Settlement.
1 The defined terms in the Walgreens Settlement shall have the same meaning in this Subdivision
Settlement Participation Form.
7. The Governmental Entity has the right to enforce those rights given to it in the Walgreens
Settlement.
8. The Governmental Entity, as a Participating Subdivision, hereby becomes a Releasor for
all purposes in the Walgreens Settlement, including, but not limited to, all provisions of
Section D and E, 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 Releasee in any forum whatsoever. The releases provided for in the
Walgreens Settlement are intended by the Parties to be broad and shall be interpreted so
as to give the Releasees the broadest possible bar against any liability relating in any way
to any Released Claims and extend to the full extent of the power of the Governmental
Entity to release Claims. The Walgreens 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 Walgreens Settlement.
10. In connection with the releases provided for in the Walgreens Settlement, the
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 parry does not know or suspect to exist in his or
her favor at the time of executing the release, and that if known by him or
her would have materially affected his or her settlement with the debtor or
released parry.
As a Releasor, the Governmental Entity 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 the Governmental Entity hereby expressly waives and fully, finally,
and forever settles, releases and discharges, upon the Effective Date of the Release, 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
Entity's decision to participate in the Walgreens Settlement.
11. Nothing herein is intended to modify in any way the terms of the Walgreens Settlement,
to which the Governmental Entity hereby agrees. To the extent this Subdivision
Settlement Participation Form is interpreted differently from the Walgreens Settlement in
any respect, the Walgreens Settlement controls.
I have all necessary power and authorization to execute this Subdivision Settlement Participation
Form on behalf of the Governmental Entity.
Robert B. Shillinger oe
Signature: oae zozzo=, ,6,30 0400
Name: Robert B. Shillinger, Jr.
Title: County Attorney
Date: May 19, 2022
(the "Execution Date of this Subdivision
Settlement Participation Form")