City Attorney’s Office
Reference: Executive Session
To: Mayor Gregory Mills and Members of City Council
Through: Michael P. Martinez, City Manager
Prepared By: Alicia Calderón, City Attorney
Date Prepared: August 28, 2026
PURPOSE
To conduct an attorney-client privileged communication in executive session involving multi-district litigation against pharmacies and opioid manufacturers in which the City is a Plaintiff.
BACKGROUND
On January 23, 2019, the City Council approved joining Denver and other metro cities in hiring Keller Rohbrack as Special Counsel for Brighton as part of the lawsuit against pharmacies and opioid manufacturers. The litigation has resulted in multiple settlements that are funneled to Region 8 where the funds are used to combat opioid addiction. The Court has recently issued a court order, after two years, to allow amending the complaint to add additional defendants: Express Scripts and Optum Rx. This will be the topic for executive session.
OPTIONS FOR COUNCIL CONSIDERATION
City Council may make a motion, with the affirmative vote of two-thirds of the quorum present, to recess for an executive session pursuant to Colorado Revised Statute Section 24-6-402(4)(b) and Charter Section 5.4(C)(3) for matters of attorney-client privilege and to receive legal advice.
ATTACHMENTS
None