Laserfiche WebLink
Docusign Envelope ID: D1EF72EC-17B5-459A-93D1-E82ABEFBOE5C <br />APPENDIX 2 <br />CALIFORNIA-SUBDIVISION BACKSTOP AGREEMENT <br />On August 6, 2021, Judge Polster of the US District Court for the Northern District of Ohio <br />issued an Order (the Order), docket number 3814, in In Re National Prescription Opiate <br />Litigation, MDL 2804, addressing contingent attorney fee contracts between political <br />subdivisions eligible to participate in the Indivior Settlement and their counsel. <br />In light of the Order, and at the request of the City of Santa Ana, the City of Santa Ana, its <br />counsel Robins Kaplan LLP, and the California Attorney General, on behalf of the State of <br />California, are entering into this California -Subdivision Backstop Agreement (Backstop <br />Agreement). <br />The City of Santa Ana and Robins Kaplan LLP intend this Backstop Agreement to constitute a <br />State Back- Stop Agreement as that term is used in the Order and in Exhibit R (Agreement on <br />Attorneys' Fees, Costs, and Expenses) of the Indivior Settlement Agreement. <br />Pursuant to this Backstop Agreement, the City of Santa Ana may, subject to the limitations of the <br />Indivior Settlement Agreement and CA Indivior Allocation Agreement, as well as any other <br />limitations imposed by law, use funds that it receives from the Indivior Settlement CA <br />Subdivision Fund to pay a contingent fee to Robins Kaplan LLP. Any such payment from <br />the City of Santa Ana to Robins Kaplan LLP from the City of Santa Ana's CA Subdivision Fund <br />allocation will not exceed [PERCENTAGE NOT TO EXCEED ONE-THIRD OR 5% OUT OF <br />THE 15%] out of the City of Santa Ana's 15% CA Subdivision Fund allocation; provided further <br />that such payments, together with any contingency -fees that Robins Kaplan LLP may receive <br />from the Attorney Fee Fund, will not exceed a total contingency fee of 15% of the total gross <br />recovery of the City of Santa Ana from the Indivior Settlement Agreement. <br />Robins Kaplan LLP under the Indivior Settlement Agreement before seeking or accepting <br />payment under this backstop agreement. Robins Kaplan LLP further certify that they are not <br />seeking and will not accept payment under this backstop agreement of any litigation fees or costs <br />that have been reimbursed through prior settlements or judgments. <br />The Attorney General is executing this agreement solely because the definition of "State Back - <br />Stop Agreement" in Exhibit R of the Indivior Settlement Agreement requires such agreements to <br />be between "a Settling State" and private counsel for a participating subdivision. Neither the <br />California Attorney General nor the State of California have any obligations under this Backstop <br />Agreement, and this Backstop Agreement does not require the payment any state funds to <br />the City of Santa Ana, Robins Kaplan LLP, or any o er party. <br />/64 , 2025 <br />varo Nunez, City <br />, 2025 <br />By: <br />Robins Kaplan LLP <br />, 2025 <br />ATTEST, �.�>, [ATTORNEY GENERAL SIGNATURE BLOCK] <br />1 0 <br />Jennife Hall <br />lerk <br />