Laserfiche WebLink
Docusign Envelope ID: 16E112FF-704F-42CB-SECE-9604AO27CEOD <br />b) Claims Procedure. <br />If a Plaintiff Subdivision is eligible to seek reimbursement of Costs, in whole or in <br />part, from funds available under Section IX and Exhibit R of the Kroger Settlement <br />Agreement, Section IX and Exhibit R of the Walgreens Settlement Agreement, <br />Section XIV and Exhibit R of the Teva Settlement Agreement, Section XIII and <br />Exhibit R of the Allergan Settlement Agreement, Section X and Exhibit R of the <br />CVS Settlement Agreement, Section IX and Exhibit R of the Walmart Settlement <br />Agreement, Section X or Exhibit R of the Distributor Settlement Agreement, or <br />Section XI or Exhibit R of the Janssen Settlement Agreement, it must first make a <br />timely application for reimbursement from such funds. To allow sufficient time for <br />determination of those applications, no claim for Costs to the CA Subdivision <br />Fund under this Agreement may be made before the First Claims Date. <br />ii. A Plaintiff Subdivision that wishes to be reimbursed from the CA Subdivision Fund <br />must submit a claim to the Special Master no later than forty-five (45) days after the <br />First Claims Date. The Special Master will then compile and redistribute the <br />aggregated claim totals for each Plaintiff Subdivision via email to representatives of <br />all the Plaintiff Subdivisions. A claim for attorney and staff time must list, for each <br />attorney or staff member included in the claim, the following information: name, <br />title, total hours claimed, hourly rate (including, if sought, benefits and share of <br />overhead), and narrative summarizing the general nature of the work performed by <br />the attorney or staff member. For reimbursement of "hard" costs, the subdivision <br />may aggregate across a category (e.g., total for travel costs). It is the intention of the <br />Plaintiff Subdivisions that submission of documents related to reimbursement of <br />Costs does not waive any attorney -client privilege or exemptions to the California <br />Public Records Act. <br />iii. The Special Master may request, at his or her sole option, additional documents or <br />details to assist in the final award of Costs. <br />iv. The Special Master will review claims for reasonableness and will notify each <br />Plaintiff Subdivision of the final determination of its claim, and will provide a list of <br />all final awards to all Plaintiff Subdivisions by email or, upon request, via First <br />Class U.S. Mail. Any Plaintiff Subdivision may ask the Special Master to reconsider <br />any final award within twenty-one (21) days. The Special Master will make a final <br />determination on any such reconsideration request within thirty (30) days of receipt. <br />V. Any decision of the Special Master is final and binding, and will be considered <br />under the California Arbitration Act, Code of Civil Procedure section 1280 et seq. <br />as a final arbitration award. Nothing in this agreement is intended to expand the <br />scope of judicial review of the final award for errors of fact or law, and the Parties <br />agree that they may only seek to vacate the award if clear and convincing evidence <br />demonstrates one of the factors set forth in Code of Civil Procedure, section 1286.2, <br />subdivision (a). Plaintiff Subdivisions will have fourteen (14) days after all final <br />awards are made, together with any final determination of a request for <br />