Laserfiche WebLink
<br /> <br />1 <br /> <br />Proposed California State-Subdivision Agreement <br />Regarding Distribution and Use of <br />Settlement Funds – Janssen Settlement <br /> <br />1. Introduction <br /> <br />Pursuant to the Janssen Settlement Agreement, dated as of July 21, 2021, and any revision <br />thereto (the “Janssen Settlement Agreement”), including Section VI and Exhibit O, the State of <br />California proposes this agreement (the “CA Janssen Allocation Agreement”) to govern the <br />allocation, distribution, and use of Settlement Fund payments made to California pursuant to <br />Sections V and VI of the Janssen Settlement Agreement.1 For the avoidance of doubt, this <br />agreement does not apply to payments made pursuant to Sections X or XI of the Janssen <br />Settlement Agreement. <br /> <br />Pursuant to Exhibit O, Paragraph 4, of the Janssen Settlement Agreement, acceptance of this CA <br />Janssen Allocation Agreement is a requirement to be an Initial Participating Subdivision. <br /> <br />2. Definitions <br /> <br />a) CA Participating Subdivision means a Participating Subdivision that is also (a) a <br />Plaintiff Subdivision and/or (b) a Primary Subdivision with a population equal to or <br />greater than 10,000. For the avoidance of doubt, eligible CA Participating <br />Subdivisions are those California subdivisions listed in Exhibit C (excluding <br />Litigating Special Districts) and/or Exhibit I to the Janssen Settlement Agreement. <br />b) Distributor Settlement Agreement means the Distributor Settlement Agreement dated <br />July 21, 2021, and any revision thereto. <br />c) CA Litigating Special District means a Litigating Special District located in <br />California. CA Litigating Special Districts include Downey Unified School District, <br />Elk Grove Unified School District, Kern High School District, Montezuma Fire <br />Protection District (located in Stockton, California), Santa Barbara San Luis Obispo <br />Regional Health Authority, Inland Empire Health Plan, Health Plan of San Joaquin, <br />and LA Care Health Plan. <br />d) Plaintiff Subdivision means a Subdivision located in California, other than a CA <br />Litigating Special District, that filed a lawsuit, on behalf of the Subdivision and/or <br />through an official of the Subdivision on behalf of the People of the State of <br />California, against one or more Opioid Defendants prior to October 1, 2020. <br />e) Opioid Defendant means any defendant (including but not limited to Johnson & <br />Johnson, Janssen Pharmaceuticals, Inc., Purdue Pharma L.P., Cardinal Health, Inc., <br />                                                        <br />1 A parallel but separate agreement (the “CA Distributor Allocation Agreement”) will govern the <br />allocation, distribution, and use of settlement fund payments under the Distributor Settlement <br />Agreement. An eligible Subdivision may elect to participate in either the Distributor Settlement <br />or the Janssen Settlement, or in both. <br />315