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The Collaborative Clearinghouse for Lawsuits and Other Claims Against ACE Group Insurance Companies

PEPSI-COLA METROPOLITAN BOTTLING COMPANY INC v. INSURANCE COMPANY OF NORTH AMERICA INC et al Docket

ATTENTION: It is possible that this information may no longer be current and therefore may be inaccurate. The index contains both open and closed cases and is not a complete list of cases in which an ACE Insurance Group company is involved. This information is provided to give interested persons an idea of the issues disputed in the indexed cases. For a full understanding of a case, one should read the rest of the court file, including the response. For the most up-to-date and complete information on a case, visit www.pacer.gov or contact the clerk of the relevant court.

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CM/ECF - California Central District
https://ecf.cacd.uscourts.gov/cgi-bin/DktRpt.pl?319743783354...
(MANx), DISCOVERY
UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA (Western Division - Los Angeles) CIVIL DOCKET FOR CASE #: 2:10-cv-02696-SVW-MAN
Pepsi-Cola Metropolitan Bottling Company Inc v. Insurance Company of North America Inc et al Assigned to: Judge Stephen V. Wilson Referred to: Magistrate Judge Margaret A. Nagle Cause: 28:1332 Diversity-Breach of Contract Plaintiff Pepsi-Cola Metropolitan Bottling Company Inc represented by Charles J Malaret Morgan Lewis and Bockius 300 South Grand Ave 22nd Fl Los Angeles, CA 90071-3132 213-612-2500 Fax: 213-612-2501 Email: cmalaret@morganlewis.com ATTORNEY TO BE NOTICED Daniel E Chefitz Morgan Lewis & Bockius LLP 11111 Pennsylvania Avenue NW Washington, DC 20004 202-739-300 Fax: 202-739-3001 Email: dchefitz@morganlewis.com PRO HAC VICE ATTORNEY TO BE NOTICED David S Cox Morgan Lewis & Bockius LLP 300 South Grand Avenue 22nd Floor Los Angeles, CA 90071-3132 213-612-2500 Fax: 213-612-2501 Email: dcox@morganlewis.com ATTORNEY TO BE NOTICED Kathleen A Waters Morgan Lewis & Bockius LLP Date Filed: 04/14/2010 Jury Demand: Plaintiff Nature of Suit: 110 Insurance Jurisdiction: Diversity
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300 South Grand Avenue 22nd Floor Los Angeles, CA 90071-3132 213 612-2500 Fax: 213-612-2501 Email: kwaters@morganlewis.com ATTORNEY TO BE NOTICED Paul Anton Zevnik Morgan Lewis & Bockius LLP 300 South Grand Avenue 22nd Floor Los Angeles, CA 90071-3132 213-612-2500 Fax: 213-612-2501 Email: pzevnik@morganlewis.com ATTORNEY TO BE NOTICED V. Defendant Insurance Company of North America Inc represented by John Calvin Conway Aiwasian & Associates 725 S Figueroa Street, Suite 1050 Los Angeles, CA 90017 213-233-9650 Fax: 213-233-9651 Email: john.conway@mclolaw.com ATTORNEY TO BE NOTICED
Defendant OneBeacon America Insurance Company represented by Jan L Pocaterra Selman Breitman 11766 Wilshire Boulevard 6th Floor Los Angeles, CA 90025-6538 310-445-0800 Email: jpocaterra@selmanbreitman.com ATTORNEY TO BE NOTICED
Cross Defendant Continental Insurance Company represented by Mitchell B Greenberg Abbey Weitzenberg Warren & Emery 100 Stoney Point Road Suite 200 Santa Rosa, CA 95401
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707-542-5050 Fax: 707-542-2589 Email: mgreenberg@abbeylaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Cross Defendant OneBeacon America Insurance Company Counter Claimant Century Indemnity Company Successor CCI Insurance Company, as successor to Insurance Company of North America V. Counter Defendant Pepsi-Cola Metropolitan Bottling Company Inc represented by Charles J Malaret (See above for address) ATTORNEY TO BE NOTICED Daniel E Chefitz (See above for address) ATTORNEY TO BE NOTICED David S Cox (See above for address) ATTORNEY TO BE NOTICED Kathleen A Waters (See above for address) ATTORNEY TO BE NOTICED Paul Anton Zevnik (See above for address) ATTORNEY TO BE NOTICED Cross Claimant Century Indemnity Company as Successor to CCI Insurance represented by John Calvin Conway (See above for address) represented by John Calvin Conway (See above for address) ATTORNEY TO BE NOTICED represented by Jan L Pocaterra (See above for address) ATTORNEY TO BE NOTICED
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Company, as Successor to Insurance Company of North America V. Cross Defendant Employers Insurance Company of Wausau
ATTORNEY TO BE NOTICED
represented by Mitchell B Greenberg (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Cross Defendant Travelers Indemnity Company represented by Mitchell B Greenberg (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Cross Defendant Argonaut Insurance Company TERMINATED: 07/07/2010 Cross Defendant Northwestern National Insurance Company of Milwaukee, Wisconsin represented by Mitchell B Greenberg (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Cross Defendant National Union Fire Insurance Company of Pittsburgh, PA Cross Defendant Allstate Insurance Company Cross Defendant OneBeacon Insurance Group TERMINATED: 07/19/2010 Cross Defendant Does 1-10 represented by Jan L Pocaterra (See above for address) ATTORNEY TO BE NOTICED represented by Mitchell B Greenberg (See above for address) ATTORNEY TO BE NOTICED
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Date Filed 04/14/2010
#
Docket Text
1 COMPLAINT against defendants Insurance Company of North America Inc, OneBeacon America Insurance Company. Case assigned to Judge Stephen V. Wilson for all further proceedings. Discovery referred to Magistrate Judge Margaret A Nagle;(Filing fee $ 350 PAID); Jury Demanded; filed by plaintiff Pepsi-Cola Metropolitan Bottling Company Inc.(esa) (ds). (Entered: 04/15/2010) 21 DAY Summons Issued re Complaint - (Discovery) 1 as to defendants Insurance Company of North America Inc, OneBeacon America Insurance Company. (esa) (Entered: 04/15/2010) 2 CERTIFICATION AND NOTICE OF INTERESTED PARTIES filed by plaintiff Pepsi-Cola Metropolitan Bottling Company Inc. (esa) (ds). (Entered: 04/15/2010) 3 CORPORATE DISCLOSURE STATEMENT filed by plaintiff Pepsi-Cola Metropolitan Bottling Company Inc identifying Corporate Parent PepsiCo Inc for Pepsi-Cola Metropolitan Bottling Company Inc. (esa) (ds). (Entered: 04/15/2010) 4 NOTICE OF RELATED CASE filed by plaintiff Pepsi-Cola Metropolitan Bottling Company Inc. Related Case: 01-08929 GAF (PJWx) (esa) (ds). (Entered: 04/15/2010) 5 NEW CASE ORDER by Judge Stephen V. Wilson: This case has been assigned to the calendar of Judge Stephen V. Wilson. The Court fully adheres to Rule 1 of the Federal Rules of Civil Procedure which requires that the Rules be construed to secure the just, speedy and inexpensive determination of every action.Counsel should also be guided by the following special requirements: [See document for details] (ake) (Entered: 04/16/2010) 6 ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 08-05 (Related Case) filed. Transfer of case declined by Judge Gary A. Feess, for the reasons set forth on this order. Related Case No. CV 01-06929 GAF(PJWx) (rn) (Entered: 04/22/2010) 7 APPLICATION for attorney Daniel E. Chefitz to Appear Pro Hac Vice (PHV Fee of $185 receipt number 0973-6876813 paid.) filed by Plaintiff Pepsi-Cola Metropolitan Bottling Company Inc. (Attachments: # 1 Proposed Order)(Waters, Kathleen) (Entered: 04/28/2010) 8 ORDER by Judge Stephen V. Wilson: Granting 7 Application to Appear Pro Hac Vice by Attorney Daniel E. Chefitz on behalf of Plaintiff Pepsi-Cola Metropolitan Bottling Co., Inc., designating David S Cox as local counsel. (mg) (Entered: 04/30/2010)
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9 FIRST STIPULATION Extending Time to Answer the complaint as to Insurance Company of North America Inc answer now due 6/7/2010, filed by defendant Insurance Company of North America Inc.(Conway, John) (Entered: 04/30/2010) 10 ORDER by Judge Stephen V. Wilson Granting APPLICATION for attorney Daniel E. Chefitz to Appear Pro Hac Vice (PHV Fee of $185 receipt number 0973-6876813 paid.) 7 by Daniel E Chefitz to appear on behalf of Plaintiff Pepsi-Cola Metropolitan Bottling Company Inc.David S Cox is designated as local counsel. Fee PAID. (pj) (Entered: 05/03/2010) 11 FIRST STIPULATION Extending Time to Answer the complaint as to OneBeacon America Insurance Company answer now due 6/7/2010, filed by defendant OneBeacon America Insurance Company.(Pocaterra, Jan) (Entered: 05/05/2010) 12 PROOF OF SERVICE Executed by Plaintiff Pepsi-Cola Metropolitan Bottling Company Inc, upon Defendant Insurance Company of North America Inc served on 4/15/2010, answer due 6/7/2010. Service of the Summons and Complaint were executed upon Margaret Wilson, authorized to accept service at CT Corp. in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity. Original Summons returned. (Waters, Kathleen) (Entered: 05/06/2010) 13 PROOF OF SERVICE Executed by Plaintiff Pepsi-Cola Metropolitan Bottling Company Inc, upon Defendant OneBeacon America Insurance Company served on 4/15/2010, answer due 6/7/2010. Service of the Summons and Complaint were executed upon Margaret Wilson, authorized to accept service at CT Corp., registered agent in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity. Original Summons returned. (Waters, Kathleen) (Entered: 05/06/2010) 14 ANSWER to Complaint - (Discovery), Complaint - (Discovery) 1 and affirmative defenses filed by defendant Insurance Company of North America Inc.(Conway, John) (Entered: 06/07/2010) 15 Century Indemnity Company's Certificate of Interested Parties filed by defendant Insurance Company of North America Inc, identifying ACE Ltd.. (Conway, John) (Entered: 06/07/2010) 16 NOTICE OF MOTION AND MOTION to Dismiss Pursuant to FRCP Rule 12(B)(6), or in the Alternative, Motion to Strike Per Rule 12(f)(2); Memorandum of Points and Authorities; Declaration of Jan L. Pocaterra filed by Defendant OneBeacon America Insurance Company. Motion set for hearing on 7/12/2010 at 01:30 PM before Judge Stephen V. Wilson. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12)(Pocaterra, Jan) (Entered: 06/07/2010)
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17 CERTIFICATE of Interested Parties filed by Defendant OneBeacon America Insurance Company, identifying White Mountains Insurance Group. (Pocaterra, Jan) (Entered: 06/07/2010) 18 REQUEST FOR JUDICIAL NOTICE re MOTION to Dismiss Pursuant to FRCP Rule 12(B)(6), or in the Alternative, Motion to Strike Per Rule 12(f)(2); Memorandum of Points and Authorities; Declaration of Jan L. Pocaterra MOTION to Dismiss Pursuant to FRCP Rule 12(B)(6), or in the Alternative, Motion to Strike Per Rule 12(f)(2); Memorandum of Points and Authorities; Declaration of Jan L. Pocaterra MOTION to Dismiss Pursuant to FRCP Rule 12(B)(6), or in the Alternative, Motion to Strike Per Rule 12(f)(2); Memorandum of Points and Authorities; Declaration of Jan L. Pocaterra 16 filed by Defendant OneBeacon America Insurance Company. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12)(Pocaterra, Jan) (Entered: 06/07/2010) 19 COUNTERCLAIM against counterdefendant Pepsi-Cola Metropolitan Bottling Company Inc, filed by counterclaimant Century Indemnity Company.(esa) (pj). (Entered: 06/08/2010) 20 NOTICE OF ERRATA filed by Defendant OneBeacon America Insurance Company. correcting MOTION to Dismiss Pursuant to FRCP Rule 12(B)(6), or in the Alternative, Motion to Strike Per Rule 12(f)(2); Memorandum of Points and Authorities; Declaration of Jan L. Pocaterra MOTION to Dismiss Pursuant to FRCP Rule 12(B)(6), or in the Alternative, Motion to Strike Per Rule 12(f)(2); Memorandum of Points and Authorities; Declaration of Jan L. Pocaterra MOTION to Dismiss Pursuant to FRCP Rule 12(B)(6), or in the Alternative, Motion to Strike Per Rule 12(f)(2); Memorandum of Points and Authorities; Declaration of Jan L. Pocaterra 16 (Pocaterra, Jan) (Entered: 06/08/2010) 21 ORDER RE STATUS CONFERENCE by Judge Stephen V. Wilson: IT IS HEREBY ORDERED that a Status Conference be set for Monday, July 12, 2010 at 1:30 p.m. before theHonorable Stephen V. Wilson. The attorneys attending this conference MUST be those who are in charge of the conduct of the trial. Attendance is mandatory. See Order for specific details. (im) (Entered: 06/09/2010) 23 CROSSCLAIM against cross defendants Employers Insurance Company of Wausau, Travelers Indemnity Company, Argonaut Insurance Company, Northwestern National Insurance Company of Milwaukee, Wisconsin, National Union Fire Insurance Company of Pittsburgh, PA, Allstate Insurance Company, OneBeacon Insurance Group, Does; Jury Demand, filed by cross claimant Century Indemnity Company.(esa) (Additional attachment(s) added on 6/18/2010: # 1 Summons as to Crossclaim) (pj). (Entered: 06/18/2010)
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06/17/2010
22 NOTICE OF ERRATA filed by Defendant OneBeacon America Insurance Company. correcting MOTION to Dismiss Pursuant to FRCP Rule 12(B)(6), or in the Alternative, Motion to Strike Per Rule 12(f)(2); Memorandum of Points and Authorities; Declaration of Jan L. Pocaterra MOTION to Dismiss Pursuant to FRCP Rule 12(B)(6), or in the Alternative, Motion to Strike Per Rule 12(f)(2); Memorandum of Points and Authorities; Declaration of Jan L. Pocaterra MOTION to Dismiss Pursuant to FRCP Rule 12(B)(6), or in the Alternative, Motion to Strike Per Rule 12(f)(2); Memorandum of Points and Authorities; Declaration of Jan L. Pocaterra 16 (Attachments: # 1 Exhibit A)(Pocaterra, Jan) (Entered: 06/17/2010) 24 Opposition Pepsi-Cola Metropolitan Bottling Company,Inc.'s Opposition to OneBeacon's Motion to Dismiss or Strike re: MOTION to Dismiss Pursuant to FRCP Rule 12(B)(6), or in the Alternative, Motion to Strike Per Rule 12(f)(2); Memorandum of Points and Authorities; Declaration of Jan L. Pocaterra MOTION to Dismiss Pursuant to FRCP Rule 12(B)(6), or in the Alternative, Motion to Strike Per Rule 12(f)(2); Memorandum of Points and Authorities; Declaration of Jan L. Pocaterra MOTION to Dismiss Pursuant to FRCP Rule 12(B)(6), or in the Alternative, Motion to Strike Per Rule 12(f)(2); Memorandum of Points and Authorities; Declaration of Jan L. Pocaterra 16 filed by Plaintiff Pepsi-Cola Metropolitan Bottling Company Inc. (Cox, David) (Entered: 06/21/2010) 25 REQUEST FOR JUDICIAL NOTICE re MOTION to Dismiss Pursuant to FRCP Rule 12(B)(6), or in the Alternative, Motion to Strike Per Rule 12(f)(2); Memorandum of Points and Authorities; Declaration of Jan L. Pocaterra MOTION to Dismiss Pursuant to FRCP Rule 12(B)(6), or in the Alternative, Motion to Strike Per Rule 12(f)(2); Memorandum of Points and Authorities; Declaration of Jan L. Pocaterra MOTION to Dismiss Pursuant to FRCP Rule 12(B)(6), or in the Alternative, Motion to Strike Per Rule 12(f)(2); Memorandum of Points and Authorities; Declaration of Jan L. Pocaterra 16 filed by plaintiff Pepsi-Cola Metropolitan Bottling Company Inc. (Attachments: # 1 Exhibit 1 through 5)(Cox, David) (Entered: 06/21/2010) 26 NOTICE OF ERRATA filed by Plaintiff Pepsi-Cola Metropolitan Bottling Company Inc. correcting Objection/Opposition (Motion related), Objection/Opposition (Motion related), Objection/Opposition (Motion related) 24 (Attachments: # 1 Exhibit 1)(Cox, David) (Entered: 06/22/2010) 27 ANSWER to Counterclaim 19 filed by plaintiff and counterdefendant Pepsi-Cola Metropolitan Bottling Company Inc.(Cox, David) (Entered: 06/28/2010) 28 REPLY in support MOTION to Dismiss Pursuant to FRCP Rule 12(B)(6), or in the Alternative, Motion to Strike Per Rule 12(f)(2); Memorandum of Points and Authorities; Declaration of Jan L. Pocaterra MOTION to Dismiss Pursuant to FRCP Rule 12(B)(6), or in the Alternative, Motion to Strike Per Rule 12(f)(2);
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Memorandum of Points and Authorities; Declaration of Jan L. Pocaterra MOTION to Dismiss Pursuant to FRCP Rule 12(B)(6), or in the Alternative, Motion to Strike Per Rule 12(f)(2); Memorandum of Points and Authorities; Declaration of Jan L. Pocaterra 16 filed by Defendant OneBeacon America Insurance Company. (Pocaterra, Jan) (Entered: 06/28/2010) 06/28/2010 29 SECOND REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF DEFENDANT ONEBEACON AMERICA INSURANCE COMPANY'S MOTION TO PARTIALLY DISMISS, OR IN THE ALTERNATIVE, STRIKE PORTIONS OF PLAINTIFF'S COMPLAINT re MOTION to Dismiss Pursuant to FRCP Rule 12(B)(6), or in the Alternative, Motion to Strike Per Rule 12(f)(2); Memorandum of Points and Authorities; Declaration of Jan L. Pocaterra MOTION to Dismiss Pursuant to FRCP Rule 12(B)(6), or in the Alternative, Motion to Strike Per Rule 12(f)(2); Memorandum of Points and Authorities; Declaration of Jan L. Pocaterra MOTION to Dismiss Pursuant to FRCP Rule 12(B)(6), or in the Alternative, Motion to Strike Per Rule 12(f)(2); Memorandum of Points and Authorities; Declaration of Jan L. Pocaterra 16 filed by Defendant OneBeacon America Insurance Company. (Pocaterra, Jan) (Entered: 06/28/2010) 30 PROOF OF SERVICE Executed by Defendant and Cross-Claimant Century Indemnity Company, upon Cross-Defendant Northwestern National Insurance Company of Milwaukee, Wisconsin served on 7/1/2010, answer due 7/22/2010. Service of the Summons and Complaint were executed upon Becky DeGeorge, CSC Lawyers Incorporating Service, Registered Agent in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity. Original Summons NOT returned. (Conway, John) (Entered: 07/07/2010) 31 PROOF OF SERVICE Executed by Defendant and Cross-Claimant Century Indemnity Company, upon Cross-Defendant National Union Fire Insurance Company of Pittsburgh, PA served on 7/1/2010, answer due 7/22/2010. Service of the Summons and Complaint were executed upon Becky DeGeorge, CSC Lawyers Incorporating Service, Registered Agent in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity. Original Summons NOT returned. (Conway, John) (Entered: 07/07/2010) 32 PROOF OF SERVICE Executed by Defendant and Cross-Claimant Century Indemnity Company, upon Cross-Defendant Travelers Indemnity Company served on 7/1/2010, answer due 7/22/2010. Service of the Summons and Complaint were executed upon Becky DeGeorge, CSC Lawyers Incorporating Service, Registered Agent in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity. Original Summons NOT returned. (Conway, John) (Entered: 07/07/2010)
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07/07/2010
33 PROOF OF SERVICE Executed by Defendant and Cross-Claimant Century Indemnity Company, upon Cross-Defendant Employers Insurance Company of Wausau served on 7/1/2010, answer due 7/22/2010. Service of the Summons and Complaint were executed upon Becky DeGeorge, CSC Lawyers Incorporating Service, Registered Agent in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity. Original Summons NOT returned. (Conway, John) (Entered: 07/07/2010) 34 PROOF OF SERVICE Executed by Defendant and Cross-Claimant Century Indemnity Company, upon Cross-Defendant Allstate Insurance Company served on 6/30/2010, answer due 7/21/2010. Service of the Summons and Complaint were executed upon Maria Sanchez, Process Specialist, CT Corporation System, Registered Agent in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity. Original Summons NOT returned. (Conway, John) (Entered: 07/07/2010) 35 NOTICE of Dismissal Pursuant to Federal Rules of Civil Procedure 41(a) or (c) filed by Cross-Claimant Century Indemnity Company. (without prejudice) (Conway, John) (Entered: 07/07/2010) 36 FIRST STIPULATION Extending Time to Answer the complaint as to OneBeacon Insurance Group answer now due 8/8/2010, filed by CrossDefendant OneBeacon Insurance Group.(Pocaterra, Jan) (Entered: 07/07/2010) 37 MINUTES OF IN CHAMBERS ORDER held before Judge Stephen V. Wilson: The Court, on its own motion, continues the motion hearing and new case status conference fromJuly 12, 2010 to August 2, 2010, at 1:30 p.m. The parties are ORDERED to notify the Court within five days of the decision of the Sonoma County Superior Court on Pepsi's Motion for Reconsideration. (im) (Entered: 07/07/2010) 38 NOTICE of Decision: Notice of Sonoma County Superior Court's Decision to Grant Continuance and to Conduct Further Hearing on Pepsi's Motion for Reconsideration on August 6, 2010 filed by plaintiff Pepsi-Cola Metropolitan Bottling Company Inc. Pepsi-Cola Metropolitan Bottling Company, Inc.' (Cox, David) (Entered: 07/13/2010) 39 MINUTES OF IN CHAMBERS ORDER held before Judge Stephen V. Wilson: The Court, on its own motion, continues the motion hearing and new case status conference from August 2, 2010 to August 16, 2010, at 1:30 p.m. The parties are ORDERED to notify the Court within two days of the decision of the Sonoma County Superior Court on Pepsi's Motion for Reconsideration. (pj) (Entered: 07/15/2010) 40 FIRST AMENDED CROSS COMPLAINT against Cross Defendants Employers Insurance Company of Wausau, Travelers Indemnity Company, Continental Insurance Company, Northwestern National Insurance Company of
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Milwaukee, Wisconsin, National Union Fire Insurance Company of Pittsburgh, PA, Allstate Insurance Company, OneBeacon America Insurance Company, and Does 1-10; amending Crossclaim 23 ; filed by Defendant and Cross-Claimant Century Indemnity Company. (gk) (pj). (Additional attachment(s) added on 7/21/2010: # 1 crossclaims) (pj). (Entered: 07/20/2010) 07/19/2010 21-Day Summons Issued re First Amended Cross Complaint 40 as to Cross Defendants Employers Insurance Company of Wausau, Travelers Indemnity Company, Continental Insurance Company, Northwestern National Insurance Company of Milwaukee, Wisconsin, National Union Fire Insurance Company of Pittsburgh, PA, Allstate Insurance Company, OneBeacon America Insurance Company, and Does 1-10.(gk) (Entered: 07/20/2010) 41 STIPULATION to Continue Status Conference from August 16, 2010 to August 30, 2010 filed by Plaintiff and Counter-Defendant Pepsi-Cola Metropolitan Bottling Company Inc. (Attachments: # 1 Proposed Order on Stipulation to Continue New Case Status Conference and Motion for Partial Dismissal, Or in the Alternative, Motion to Strike)(Malaret, Charles) (Entered: 07/26/2010) 42 DECLARATION of Charles Malaret re Stipulation to Continue, 41 New Case Status Conference and Motion for Partial Dismissal, Or in the Alternative, Motion to Strike filed by Plaintiff Pepsi-Cola Metropolitan Bottling Company Inc, Counter Defendant Pepsi-Cola Metropolitan Bottling Company Inc. (Malaret, Charles) (Entered: 07/26/2010) 43 ORDER by Judge Stephen V. Wilson, re Stipulation to Continue, 41 , The New Case status conference and defendant OneBeacon America Insurance Co partial motion to dismiss or in the alternative motion to strike have been continued to August 30, 2010 at 1:30pm (pj) (Entered: 07/28/2010) 44 PROOF OF SERVICE Executed by Defendant and Cross-Claimant Century Indemnity Company, upon Cross-Defendant Allstate Insurance Company served on 7/22/2010, answer due 8/12/2010. Service of the Summons and Complaint were executed upon Vivian Imperial, Process Specialist, CT Corporation System, Registered Agent in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity. Original Summons NOT returned. (Conway, John) (Entered: 08/03/2010) 45 PROOF OF SERVICE Executed by Defendant and Cross-Complainant Century Indemnity Company, upon Cross-Defendant Continental Insurance Company served on 7/22/2010, answer due 8/12/2010. Service of the Summons and Complaint were executed upon Vivian Imperial, Process Specialist, CT Corporation System, Registered Agent in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity. Original Summons NOT returned. (Conway, John) (Entered: 08/03/2010)
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08/03/2010
46 PROOF OF SERVICE Executed by Defendant and Cross-Complainant Century Indemnity Company, upon Cross-Defendant Employers Insurance Company of Wausau served on 7/23/2010, answer due 8/13/2010. Service of the Summons and Complaint were executed upon Becky DeGeorge, CSC Lawyers Incorporating Service, Registered Agent in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity. Original Summons NOT returned. (Conway, John) (Entered: 08/03/2010) 47 PROOF OF SERVICE Executed by Defendant and Cross-Complainant Century Indemnity Company, upon Cross-Defendant Northwestern National Insurance Company of Milwaukee, Wisconsin served on 7/23/2010, answer due 8/13/2010. Service of the Summons and Complaint were executed upon Becky DeGeorge, CSC Lawyers Incorporating Service, Registered Agent in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity. Original Summons NOT returned. (Conway, John) (Entered: 08/03/2010) 48 PROOF OF SERVICE Executed by Defendant and Cross-Complainant Century Indemnity Company, upon Cross-Defendant National Union Fire Insurance Company of Pittsburgh, PA served on 7/23/2010, answer due 8/13/2010. Service of the Summons and Complaint were executed upon Becky DeGeorge, CSC Lawyers Incorporating Service, Registered Agent in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity. Original Summons NOT returned. (Conway, John) (Entered: 08/03/2010) 49 PROOF OF SERVICE Executed by Defendant and Cross-Complainant Century Indemnity Company, upon Cross-Defendant Travelers Indemnity Company served on 7/23/2010, answer due 8/13/2010. Service of the Summons and Complaint were executed upon Becky DeGeorge, CSC Lawyers Incorporating Service, Registered Agent in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity. Original Summons NOT returned. (Conway, John) (Entered: 08/03/2010) 50 NOTICE of Decision: Sonoma County Superior Court on Pepsi's Motion for Reconsideration filed by Defendant OneBeacon America Insurance Company. (Attachments: # 1 Exhibit A)(Pocaterra, Jan) (Entered: 08/06/2010) 51 NOTICE of Decision: Sonoma County Superior Court Proceeding Regarding Pepsi's Motion for Reconsideration filed by Plaintiff Pepsi-Cola Metropolitan Bottling Company Inc. (Cox, David) (Entered: 08/09/2010) 52 NOTICE OF IMPACT OF SONOMA COUNTY COURT DECISION; REQUEST FOR HEARING ON PENDING MOTION TO PARTIALLY DISMISS, OR STRIKE, COMPLAINT filed by Defendant OneBeacon America Insurance Company. (Attachments: # 1 Exhibit A)(Pocaterra, Jan) (Entered:
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CM/ECF - California Central District
https://ecf.cacd.uscourts.gov/cgi-bin/DktRpt.pl?319743783354...
08/10/2010) 08/10/2010 53 First STIPULATION for Extension of Time to File Answer to 9/13/10 filed by Defendant and Cross-Claimant Century Indemnity Company. (Attachments: # 1 Proposed Order)(Conway, John) (Entered: 08/10/2010) 54 ORDER granting Stipulation to Extend Time to Answer (More than 30 days) 53 , Defendants Continental Insurance Company answer due 9/13/2010; Employers Insurance Company of Wausau answer due 9/13/2010; National Union Fire Insurance Company of Pittsburgh, PA answer due 9/13/2010; Northwestern National Insurance Company of Milwaukee, Wisconsin answer due 9/13/2010; OneBeacon America Insurance Company answer due 9/13/2010; Travelers Indemnity Company answer due 9/13/2010 by Judge Stephen V. Wilson (pj) (Entered: 08/13/2010) 55 Certification Filed and Served of Interested Parties filed by Cross-Defendant Continental Insurance Company, (Greenberg, Mitchell) (Entered: 08/27/2010) 56 Certification Filed and Served of Interested Parties filed by Cross-Defendant National Union Fire Insurance Company of Pittsburgh, PA, (Greenberg, Mitchell) (Entered: 08/27/2010) 57 Certification Filed and Served of Interested Parties filed by Cross-Defendant Northwestern National Insurance Company of Milwaukee, Wisconsin, (Greenberg, Mitchell) (Entered: 08/27/2010) 58 Certification Filed and Served of Interested Parties filed by Cross-Defendant Employers Insurance Company of Wausau, (Greenberg, Mitchell) (Entered: 08/27/2010) 59 Certification Filed and Served of Interested Parties filed by Cross-Defendant Travelers Indemnity Company, (Greenberg, Mitchell) (Entered: 08/27/2010) 60 NOTICE of Change of Firm Name filed by Defendant and Cross-Claimant Century Indemnity Company. (Conway, John) (Entered: 08/30/2010) 62 MINUTES OF Motion Hearing 16 ; NEW CASE STATUS CONFERENCE held before Judge Stephen V. Wilson. Hearing and conference held. The motion is submitted. Order to issue. The Court sets the following dates: Pretrial Conference set January 3, 2011 at 3:30 p.m.; Jury Trial set January 4, 2011 at 9:00 a.m. Court Reporter: Deborah Gackle. (rs) (Entered: 08/31/2010) 61 CIVIL TRIAL PREPARATION ORDER by Judge Stephen V. Wilson. Jury Trial set for 1/4/2011 at 09:00 AM; Pretrial Conference set for 1/31/2011 at 03:30 PM. The above-mentioned cause of action is set for trial before the Honorable Stephen V. Wilson. Counsel preparing for trial before this Court shall comply with this Order. Non-compliance will be subject to sanctions. SEE ATTACHED ORDER. (rs) (Entered: 08/31/2010)
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CM/ECF - California Central District
https://ecf.cacd.uscourts.gov/cgi-bin/DktRpt.pl?319743783354...
09/01/2010
63 ORDER by Judge Stephen V. Wilson: 16 ORDER DENYING DEFENDANTS MOTION FOR PARTIAL DISMISSAL PURSUANT TO FRCP 12(B)(6), OR IN THE ALTERNATIVE, MOTION TOSTRIKE PER RULE 12(f)(2). Trial is set for January 11, 2011 at 9:00 a.m. The pretrial conference will be held on January 3, 2011 at 3:30 p.m. (im) (Entered: 09/02/2010)
PACER Service Center
Transaction Receipt
09/09/2010 15:38:40 PACER Login: Description: Billable Pages: nh0877 Docket Report 10 Client Code: rcp Search Criteria: Cost: 2:10-cv-02696-SVW-MAN End date: 9/9/2010 0.80
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