Eligible California consumers have similar rights under the California Attorney General (the “CAAG”) Settlement as they do in the
Class Action Settlement. You may exclude yourself and receive no benefits, but you retain any rights you currently have to sue Teva
Pharmaceutical Industries Ltd. and its wholly-owned subsidiaries Cephalon, Inc., Teva Pharmaceuticals USA, Inc., and Barr
Laboratories, Inc. (“Teva Defendants”), about the claims in this case; you may write to the Court to Object to the settlement; and
you may ask to speak in Court to voice your opinion of the settlement. However, if you do nothing, you will not receive a payment
and will give up any rights to sue the Teva Defendants on the claims in the CAAG lawsuit.
A. You received Notice because you have a right to know about the proposed CAAG Settlement similar to your rights in the class
action as explained in Question 1, above.
B. The CAAG’s lawsuit (State of CA v. Teva Pharmaceutical Industries, Ltd., Civil No. 19-CV-03281) against the Teva Defendants
was filed in the U.S. District Court for the Eastern District of Pennsylvania, a copy of which is available at
www.ProvigilSettlement.com/CA. The CAAG has alleged that Defendants engaged in a course of conduct to delay the sale of generic
versions of Provigil® (modafinil) that included the introduction of Nuvigil®, a wakefulness-promoting drug similar to Provigil®,
and that this conduct violated federal and state antitrust and consumer protection laws.
C. You are eligible to submit a claim if you purchased and/or paid for Provigil®, Nuvigil®, and/or modafinil as a caregiver or
for your personal consumption in any state from June 24, 2006 through December 31, 2012 and you were a California resident at the
time of each purchase. Your purchases of these drugs are eligible regardless of the out-of-pocket costs you paid, even if you were
partially or fully reimbursed by insurance. Defendants, their officers, subsidiaries and affiliates are not eligible to submit a
claim. The judge and his immediate family are not eligible to submit a claim.
D. You may also be eligible to submit a claim and receive payment from the Class Action Settlement described in the Notice if you
meet the requirements.
E. A $25,250,000 Settlement Fund will be established by the CAAG Settlement and will be distributed to California consumers who
submit valid and timely claim forms. Details regarding the CAAG Settlement Plan of Allocation are available on the Court Documents
page at www.ProvigilSettlement.com/CA. Your recovery will be calculated based on a fixed amount for each eligible prescription of
Provigil®, Nuvigil®, and/or modafinil that was purchased from June 24, 2006 through December 31, 2012. Complete details of how your
recovery will be calculated can be found in the CAAG Settlement Plan of Allocation available at www.ProvigilSettlement.com/CA.
F. To be eligible to receive a payment if the Court approves the CAAG Settlement, you must complete and submit a valid Claim Form.
Claim Forms should be mailed to the address below and must be received by January 15, 2020. You can get a Claim Form at
www.ProvigilSettlement.com/CA or by calling 1-877-241-7503 or
writing to the address below and requesting a Claim Form.
c/o A.B. Data, Ltd.
P.O. Box 170300
Milwaukee, WI 53217
You may also submit a completed Claim Form online at www.ProvigilSettlement.com/CA
. If you submit a Claim Form online, you must do it
by January 15, 2020.
G. If you do nothing, you won’t get any money from the CAAG Settlement.
H. If the CAAG Settlement becomes final, you will be releasing the Defendants from all the claims identified in the CAAG Settlement
Agreement. The CAAG Settlement Agreement is available at www.ProvigilSettlement.com/CA
. The CAAG Settlement Agreement describes
the released claims with specific descriptions, in accurate legal terminology, so read them carefully.
I. You must exclude yourself if you wish to sue the Teva Defendants on your own for the claims being resolved in the CAAG Lawsuit
and Settlement. You will not be part of the CAAG Settlement if you exclude yourself from the Settlement. You can exclude yourself
from the CAAG Settlement by sending a written “Request to Opt Out” to the Settlement Administrator so that it is received by
December 6, 2019.
Your written request must include:
• Your name, address, telephone number, and the statement that you want to opt out of the CAAG Settlement;
• The case name and number: State of CA v. Teva Pharmaceutical, Civil No. 19-CV-03281.
Requests to exclude yourself from the CAAG Settlement must be sent to the following address:
State of CA v. Teva
c/o A.B. Data, Ltd.
P.O. Box 173001
Milwaukee, WI 53217
J. California residents may object to the CAAG Settlement, any aspect of the Settlement, the fairness or adequacy of the Settlement,
and/or the Plan of Allocation. To object to the Settlement, you (or your lawyer if you have one) must file a written objection with
the Court and send the objection to the counsel identified below. You must file your objection on or before January 15, 2020.
Your written objection can include any supporting materials, papers, or briefs that you want the Court to consider. Your written
• Your name, address, telephone number, and an explanation of your objection;
• The case name and number: State of CA v. Teva Pharmaceutical Industries, Ltd., et al., Civil No. 19-CV-03281; and
• Documentation demonstrating that you are a California resident and/or this statement, followed by your signature: “I declare under penalty of perjury under the laws of the United States of America that [insert your name] is a resident of California.”
file your objection with the Court and mail copies to the three addresses below so that it is received by
January 15, 2020.
COUNSEL FOR STATE OF CA
Clerk of the Court
U.S. District Court
Eastern District of Pennsylvania
James A. Byrne Courthouse
601 Market Street
Philadelphia, PA 19106
Deputy Attorney General
Antitrust Law Section
CA Department of Justice
300 South Spring Street, Suite 1702
Los Angeles, CA 90013
Jay P. Lefkowitz, P.C.
Kirkland and Ellis LLP
601 Lexington Avenue
New York, NY 10022
Counsel for Teva Pharmaceutical
Industries, Ltd., and Cephalon, Inc.
Any lawyer representing a California resident for the purpose of making objections must also file a Notice of Appearance with the
Court and mail the Notice to Counsel. If you hire your own lawyer, you will have to pay for that lawyer at your own expense.
K. For information regarding the Final Approval Hearing, See Questions 22-24. The instructions for the Class also apply to
California residents who are eligible to claim in the California Attorney General Settlement.
L. The Notice only summarizes the CAAG Settlement. You can get a copy of the Settlement Agreement, Plan of Allocation, Claim Forms,
and other important documents at www.ProvigilSettlement.com/CA
. You may also write to State of CA v. Teva, c/o A.B. Data, Ltd., P.O.
Box 170300, Milwaukee, WI 53217-8091, email info@ProvigilSettlement.com
, or call the Settlement Administrator at 1-877-241-7503.
Complete copies of public pleadings, Court rulings, and other filings are available for review and copying at the Clerk’s office.
The address is United States District Court for the Eastern District of Pennsylvania, James A. Byrne Courthouse, 601 Market Street,
Philadelphia, Pennsylvania 19106.