TO: Honorable Mayor & Members of the North Port Commission
FROM: A. Jerome Fletcher II, ICMA-CM, MPA, City Manager
TITLE: Approve the City of North Port’s Participation in the New National Opioids Six Remnant Defendants Settlement and Authorize the City Manager to Execute Exhibit G, the Six (6) Remnant Defendants’ Combined Subdivision Participation and Release Form (“Combined Participation Form”).
Recommended Action
Option 1: Approve the City of North Port’s Participation in the New National Opioids Six Remnant Defendants Settlement and authorize the City Manager to execute Exhibit G, the Six (6) Remnant Defendants’ Combined Subdivision Participation and Release Form (“Combined Participation Form”).
City Commission Options
Option 1: Approve the City of North Port’s Participation in the New National Opioids Six Remnant Defendants Settlement and authorize the City Manager to execute Exhibit G, the Six (6) Remnant Defendants’ Combined Subdivision Participation and Release Form (“Combined Participation Form”).
• Pros: The City may be eligible to receive a portion of settlement funds pursuant to the Agreement and the Plan of Allocation.
• Cons: The City releases claims against the settling manufacturers and is bound by the settlement release terms. If a settlement does not move forward, the City’s release will not become effective.
Option 2: Deny the City of North Port’s Participation in the New National Opioids Six Remnant Defendants Settlement and authorize the City Manager to execute Exhibit G, the Six (6) Remnant Defendants’ Combined Subdivision Participation and Release Form (“Combined Participation Form”).
• Pros: The City retains all claims against the listed manufacturers and is not bound by the settlement release terms.
• Cons: The City will be excluded from settlement participation and will not be eligible for any share of settlement funds.
Background Information
The City received notice from Rubris, a Notice and Claims Administrator, about a new proposed National Opioid Settlement the has been reached with six regional distributors/dispenser defendants:
1. Associated Pharmacies, Inc. (and American Associated Pharmacies)
2. J M Smith Corporation
3. Louisiana Wholesale Drug Company, Inc.
4. Morris and Dickson Co.
5. North Carolina Mutual Wholesale Drug Company Inc.
6. United Natural Foods Inc. (including its subsidiaries SuperValu and Advantage Logistics)
Each individually, a “Remnant Defendant” and collectively, the “Six Remnant Defendants”.
The Combined Subdivision Participation and Release Form must be executed, without alteration, and submitted to Rubris on or before Monday, May 4, 2026, for the City to be included in the initial participation calculations and payment eligibility under the Six Remnant Defendants Settlement.
The Remnant Defendants shall pay into the Settlement Fund the Pooled Settlement amount in consideration of the Covenants, Agreements and releases set forth in the settlement agreement.
The Six (6) Remnant Defendant’s Combined Subdivision Participation and Release Form (“Combined Participation Form”) has been reviewed by the City Attorney and is legally correct as to form.
the Six (6) Remnant Defendants’ Combined Subdivision Participation and Release Form (“Combined Participation Form”) was submitted to the City Clerk’s Office on March 26, 2026 for signature, subject to Commission approval.
Strategic Plan Pillar
Good Governance
Financial Impact
The City has potential to receive a share of the settlement funds.
Procurement
Not applicable.
Attachments:
1. Combined Participation Form
Prepared by: Rachel Cigich, Business Services Coordinator
Department Director: Michael Fuino, City Attorney