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Resolution 2024-136
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2024-08-06 10:00 AM - Commissioners' Agenda
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Resolution 2024-136
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Last modified
8/20/2024 12:18:16 PM
Creation date
8/20/2024 12:17:53 PM
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Meeting
Date
8/6/2024
Meeting title
Commissioners' Agenda
Location
Commissioners' Auditorium
Address
205 West 5th Room 109 - Ellensburg
Meeting type
Regular
Meeting document type
Fully Executed Version
Supplemental fields
Item
Request to Approve a Resolution Accepting the Kroger Co. Multi-State Settlement Agreement
Order
2
Placement
Consent Agenda
Row ID
120774
Type
Resolution
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F <br />Government may apply to the Regional OAC to be reinstated for <br />direct payments no earlier than five years after the date of <br />suspension." <br />The amounts payable to each law firm representing a Litigating Local <br />Government from the GFF shall be consistent with the MOU and the <br />process set forth inthe Order Appointing the Fee Panel to Allocate and <br />Disburse Attorney's Fees Providedfor in State Back-Stop Agreements, <br />Case No. l:17 -md-02804-DAP Doc #: 4543 (June 17 ,2022). All <br />amounts that the City of Seattle has contributed to the GFF shall be <br />returned to the City of Seaffle by the Settlement Administrator rather than <br />paid to Hagens Berman Sobol Shapiro LLP. <br />The GFF set forth in the MOU shall be funded by the LG Share of the <br />Washington Abatement Amount only. To the extent the common benefit <br />tax is not already payable by the Settling Entities as contemplated by <br />Section D.8 of the MOU, the GFF shall be used to pay Litigating Local <br />Government contingency fee agreements and any common benefit tax <br />referred to in Section D of the MOU, which shall be paid on apro rcta <br />basis to eligible law firms as determined by the GFF Administrator. <br />To fund the GFF, fifteen percent (15%) of the LG Share shall be deposited <br />in the GFF from each LG Share sefflement payment until the Litigating <br />Subdivisions' contingency fee agreements and common benefit tax (if <br />any) referred to in Section D of the MOU are satisfied. Under no <br />circumstances will any Primary Subdivision or Litigating Local <br />Government be required to contribute to the GFF more than l5oh of the <br />portion of the LG Share allocated to such Primary Subdivision or <br />Litigating Local Government. In addition, under no circumstances will <br />any portion of the LG Share allocated to a Litigating Local Government be <br />used to pay the contingency fees or litigation expenses of counsel for some <br />other Litigating Local Government. <br />The maximum amount of any Litigating Local Government contingency <br />fee agreement (from the Contingency Fee Fund of the Settlement) payable <br />to a law firm permitted for compensation shall be fifteen percent (15%) of <br />the portion of the LG Share paid to the Litigating Local Government that <br />retained that firm (i.e., if City X filed suit with outside counsel on a <br />contingency fee contract and City X receives $1,000,000 from the <br />Settlement, then the maximum that the firm can receive is $ 150,000 for <br />fees.) The firms also shall be paid documented expenses due under their <br />contingency fee agreements that have been paid by the law firm <br />attributable to that Litigating Local Government. Consistent with <br />Agreement on Afforneys' Fees, Costs, and Expenses, which is Exhibit R <br />of the Sefflement, amounts due to Participating Litigating Subdivisions' <br />attorneys under this Allocation Agreement III shall not impact (i) costs <br />paid by the subdivisions to their attorneys pursuant to a State Back-Stop <br />G <br />H <br />I <br />4
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