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APPENDIX 3
CALIFORNIA-SUBDIVISION BACKSTOP AGREEMENT
A-2023-060-03A
On August 6, 2021, Judge Polster of the US District Court for the Northern District of Ohio issued
an Order (the Order), docket number 3814, in In Re National Prescription Opiate Litigation, MDL
2804, addressing contingent attorney fee contracts between political subdivisions eligible to
participate in the CVS Settlement and their counsel.
In light of the Order, and at the request of the City of Santa Ana, the City of Santa Ana, its counsel
Robins Kaplan LLP, and the California Attorney General, on behalf of the State of California, are
entering into this California -Subdivision Backstop Agreement (Backstop Agreement).
The City of Santa Ana and Robins Kaplan LLP intend this Backstop Agreement to constitute a
State Back- Stop Agreement as that term is used in the Order and in Exhibit R (Agreement on
Attorneys' Fees, Costs, and Expenses) of the CVS Settlement Agreement.
Pursuant to this Backstop Agreement, the City of Santa Ana may, subject to the limitations of the
CVS Settlement Agreement and CA CVS Allocation Agreement, as well as any other limitations
imposed by law, use funds that it receives from the CVS Settlement CA Subdivision Fund to pay
a contingent fee to Robins Kaplan LLP. Any such payment from the City of Santa Ana to Robins
Kaplan LLP, together with any contingency fees that Robins Kaplan LLP may receive from the
national Attorney Fee Fund, will not exceed a total contingency fee of 15% of the total gross
recovery of the City of Santa Ana from the CVS Settlement.
Robins Kaplan LLP certify that they first sought fees and costs from the Attorney Fee Fund created
under the CVS Settlement Agreement before seeking or accepting payment under this backstop
agreement. Robins Kaplan LLP further certify that they are not seeking and will not accept payment
under this backstop agreement of any litigation fees or costs that have been reimbursed through
prior settlements or judgments.
The Attomey General is executing this agreement solely because the definition of "State Back -
Stop Agreement" in Exhibit R of the CVS Settlement Agreement requires such agreements to be
between "a Settling State" and private counsel for a participating subdivision. Neither the
California Attorney General nor the State of California have any obligations under this Backstop
Agreement, and this Backstop Agreement does not require the payment of any state funds to the
City of Santa Ana, Robins Kaplan LLP, or any other party. r
Dated: l L 2023 `r� I L —row
The City of Santa Ana
Dated: .2023
Dated:
2023
Robins Kaplan LLP
ATTORNEY GENERAL