Resolution 2023-04 A Resolution to Accept the Material Terms of the Settlement with the Teva, Allergan, CVS, Walgreens, and Walmart Distributors

VILLAGE OF ANTWERP, OHIO

Resolution No. 2023-04

A RESOLUTION TO ACCEPT THE MATERIAL TERMS OF THE SETTLEMENT WITH THE TEVA, ALLERGAN, CVS, WALGREENS, AND WALMART DISTRIBUTORS PURSUANT TO THE ONE OHIO MEMORANDUM OF UNDERSTANDING AND CONSISTENT WITH THE TERMS OF THE SETTLEMENT AGREEMENTS, AND DECLARING THE SAME AN EMERGENCY

AN EMERGENCY RESOLUTION AUTHORIZING the Administrator of the Village of Antwerp, Ohio to execute the Settlement Participation Forms as part of the proposed Settlement Agreements with Teva, Allergan, CVS, Walgreens, and Walmart (collectively referred to herein as “Distributors”) pursuant to the OneOhio Memorandum of Understanding regarding the pursuit and use of potential opioid litigation settlement funds and consistent with the material terms of the Settlement Agreements with each of these distributors available at https://nationalopioidsettlement.com/.

WHEREAS, the Village of Antwerp, Ohio (herein “Municipality”) is a municipal entity formed and organized pursuant to the Constitution and laws of the State of Ohio; and

WHEREAS, the people of the State of Ohio and its communities have been harmed by misfeasance, nonfeasance and malfeasance committed by certain entities within the Opioid Pharmaceutical Supply Chain; and

WHEREAS, the State of Ohio, through its Attorney General, and certain Local Governments, through their elected representatives and counsel, are separately engaged in litigation seeking to hold Opioid Pharmaceutical Supply Chain Participants accountable for the damage caused by their misfeasance, nonfeasance and malfeasance; and

WHEREAS, the State of Ohio, through its Governor and Attorney General, and its Local Governments share a common desire to abate and alleviate the impacts of that misfeasance, nonfeasance and malfeasance throughout the State of Ohio; and

WHEREAS, the State and its Local Governments, subject to completing formal documents effectuating the Parties Agreements, have drafted and Municipality has adopted, and hereby reaffirms its adoption of, the OneOhio Memorandum of Understanding (“MOU”) relating to the allocation and the use of the proceeds of any potential settlements described; and

WHEREAS, the MOU has been collaboratively drafted to maintain all individual claims while allowing the State and Local Governments to cooperate in exploring all possible means of resolution; and

WHEREAS, the Council understands that an additional purpose of the MOU is to create an effective means of distributing any potential settlement funds obtained under the MOU between the State of Ohio and Local Governments in a manner and means that would promote an effective and meaningful use of the funds in abating the opioid epidemic throughout Ohio, as well as to permit collaboration and explore potentially effectuation earlier resolution of the Opioid Litigation against Opioid Pharmaceutical Supply Chain Participants; and

WHEREAS, nothing in the MOU binds any party to a specific outcome, but rather, any resolution under the MOU requires acceptance by the State of Ohio and the Local Governments; and

WHEREAS a settlement proposal is being presented to the State of Ohio and Local Governments by the Distributors (specifically, Teva, Allergan, CVS, Walgreens, and Walmart) to resolve governmental entity claims in the State of Ohio using the structure of the OneOhio MOU and consistent with the material terms of the Settlement Agreements with each of these distributors; and

WHEREAS, Council wishes to agree to the material terms of the proposed settlements with each of the Distributors (collectively, the “Proposed Settlement”).

NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE VILLAGE OF ANTWERP, OHIO:

Section 1. That the Village Administrator is authorized to accept the Proposed Settlement on behalf of the Village of Antwerp, Ohio, with the Distributors pursuant to the terms of the OneOhio MOU, and to execute the Settlement Participation Forms in regard to said settlement with each individual distributor (Teva, Allergan, CVS, Walgreens, and Walmart).

Section 2. That it is found and determined that all formal actions of the Council relating to the adoption of this Resolution were adopted in an open meeting of this Council, and that all deliberations of this Council and any of its committees that resulted in such formal action, were in meetings open to the public, in compliance with all legal requirements.

Section 3. This Resolution is hereby declared to be an emergency measure necessary for the immediate preservation of the public health, safety and welfare of the Village and for the further reason that the Village needs to opt-in to the settlement in order to receive any available settlement funds, and this Resolution shall be in full force and effect immediately after its passage; otherwise, it shall take effect and be in force after the earliest period allowed by law. This

Resolution shall take effect and be in force after the earliest period allowed by law.

Dated: March 20, 2023.

Jan Reed, Mayor, Village of Antwerp

Attest:  Kevin Hornish, Fiscal Officer