 |  | 5919 MAIN STREET . NEW PORT RICHEY, FL 34652 . 727.853.1016 |
| TO: | City of New Port Richey City Council | | FROM: | Debbie L. Manns, City Manager | | DATE: | 1/17/2023 | | RE: | Dismissal of Keysource Medical, Inc. from the National Opioid Litigation |
REQUEST:
The request is for City Council to authorize the City Manager to execute a dismissal order in regard to National Prescription Drug Litigation to Keysource Medical, Inc from the Short Form for Supplementing Complaint and Amending Defendants and Jury Demand.
DISCUSSION:
Keysource Medical, Inc (KMI) is a second-tier defendant in the National Prescription Drug Litigation. The city has recently been advised by legal counsel of a recommendation to voluntarily dismiss Keysource Medical from the lawsuit based on their insolvency. KMI has been determined by counsel representing the city to be (a) no longer in business; (b) having dissolved its corporate form; (c) having no assets; and (d) having no insurance coverage. Based on these facts it is additionally recommended that the case be dismissed, without prejudice, so that if representations made were determined to be untrue, the city would have a right to re-file the case.
RECOMMENDATION:
Since the risks are mitigated by reliance on the representations made in the declaration the recommendation is to authorize the City Manager to execute the dismissal order, without prejudice in respect to Keysource Medical, Inc in the opioid litigation.
BUDGET/FISCAL IMPACT:
There are no financial implications associated with this agenda item. | | | |