ATTACHMENT II
HAYWARD CITY COUNCIL
RESOLUTION NO. 26-____
Introduced by Council Member _________
RESOLUTION APPROVING PARTICIPATION IN THE NATIONAL OPIOID
REMNANT DEFENDANTS SETTLEMENT AND AUTHORIZING THE CITY
MANAGER TO EXECUTE AND SUBMIT ALL NECESSARY SETTLEMENT
PARTICIPATION DOCUMENTS ON BEHALF OF THE CITY OF HAYWARD
WHEREAS, a settlement has been reached in multi-district litigation brought by states and cities against six regional distributors/dispenser defendants (Remnant Defendants Settlement): Associated Pharmacies, Inc (and American Associated Pharmacies); J M Smith Corporation; Louisiana Wholesale Drug Company, Inc.; Morris and Dickson Co.; North Carolina Mutual Wholesale Drug Company, Inc.; and United Natural Foods, Inc. (including its subsidiaries SuperValu and Advantage Logistics) (Six Remnant Defendants) , for their roles in the opioid crisis; and
WHEREAS, if effectuated, the proposed Remnant Defendants Settlement will result in the Six Remnant Defendants paying a combined $97,625,000.00 in cash for purposes of abating the opioid epidemic, which will be distributed to cities and counties that participate in the settlement; and
WHEREAS, although the City of Hayward is not a litigating entity involved in th e litigation it may opt-in and receive the benefits of the settlements in exchange for releasing its claims against the Six Remnant Defendants as part of the Settlement; and
WHEREAS, opting-in to the settlement will enable the City to receive 0.0128788857% of the total settlement fund, which can be used to treat opioid use disorder and for other purposes described in the Settlement Agreement; and
WHEREAS, the City wishes to agree to the terms of the proposed settlement; and
WHEREAS, jurisdictions must opt-in to the settlement by May 4, 2026.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Hayward that the terms of the settlement agreement with the Six Remnant Defendants regarding the national opioid litigation described herein are hereby accepted.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed to execute and submit all documents necessary for the City of Hayward to participate in the Remnant Defendants Settlement regarding the national opioid litigation described herein.
ATTACHMENT II
IN COUNCIL, HAYWARD, CALIFORNIA, ___________________, 2026
ADOPTED BY THE FOLLOWING VOTE:
AYES: COUNCIL MEMBERS:
MAYOR:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ATTEST: _______________________________________
City Clerk of the City of Hayward
APPROVED AS TO FORM:
___________________________________________
City Attorney of the City of Hayward