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PEPSI-COLA METROPOLITAN BOTTLING COMPANY INC v. INSURANCE COMPANY OF NORTH AMERICA INC et al Notice of Settlement

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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Case 2:10-cv-02696-SVW -MAN Document 314 #:11944
Filed 02/09/11 Page 1 of 3 Page ID
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MORGAN, LEWIS & BOCKIUS LLP PAUL A. ZEVNIK, SBN 75343 pzevnik@morganlewis.com MICHAEL E. MOLLAND, SBN 111830 mmolland@morganlewis.com DAVID S. COX, SBN 181232 dcox@morganlewis.com 300 South Grand Avenue Twenty-Second Floor Los Angeles, CA 90071-3132 Tel: 213.612.2500 Fax: 213.612.2501 Attorneys for Plaintiff PEPSI-COLA METROPOLITAN BOTTLING COMPANY, INC. AIWASIAN & ASSOCIATES JOHN C. CONWAY(SBN 179301) john.conway@mclolaw.com 725 S. Figueroa Street, Suite 1050 Los Angeles, CA 90017 Tel: 213.233.9650 Fax: 213.233.9651 Attorneys for Defendant, CounterClaimant and Cross-Claimant CENTURY INDEMNITY COMPANY (as successor to CCI INSURANCE COMPANY, as successor to INSURANCE COMPANY OF NORTH AMERICA) UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA PEPSI-COLA METROPOLITAN BOTTLING COMPANY, INC., Plaintiff, vs. INSURANCE COMPANY OF NORTH AMERICA; and ONEBEACON AMERICA INSURANCE COMPANY, Defendants AND RELATED CROSS-CLAIMS Case No. 2:10-cv-02696 SVW (MANx) Honorable Stephen V. Wilson NOTICE OF SETTLEMENT BETWEEN PLAINTIFF PEPSICOLA METROPOLITAN BOTTLING COMPANY, INC. AND DEFENDANT CENTURY INDEMNITY COMPANY Action Filed: Trial Date: April 14, 2010 March 8, 2011
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NOTICE OF SETTLEMENT BETWEEN PEPSI AND CENTURY
Case 2:10-cv-02696-SVW -MAN Document 314 #:11945
Filed 02/09/11 Page 2 of 3 Page ID
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TO THE HONORABLE COURT: PLEASE TAKE NOTICE THAT plaintiff Pepsi-Cola Metropolitan Bottling Company (“Pepsi”) and defendant Century Indemnity Company (as successor to CCI Insurance Company, as successor to Insurance Company of North America) (“Century”) have reached an agreement in principle to resolve all outstanding issues between them in this litigation. Pursuant to the parties’ understanding, they are to memorialize the terms of this agreement in a formal settlement and shall take appropriate actions to dismiss all claims between them in the next thirty to sixty days. Accordingly, Pepsi and Century respectfully request that the Court continue the following hearing dates currently on its calendar by approximately 60 days, as comports with the Court’s calendar: 1. February 28, 2011 • Final Pre-trial Conference • Hearing on Century’s Motion for Partial Summary Judgment Regarding the Breach of the Covenant of Good Faith and Fair Dealing (Doc. No. 274) • Hearing on Pepsi’s Motion for Partial Summary Judgment (Tortious Breach of Implied Covenant of Good Faith and Fair Dealing) (Doc. No. 280) • Hearing on Pepsi’s Motion for Partial Summary Judgment On its Third Claim of Relief Against Insurance Company of North America (Doc. No. 283) 2. March 8, 2011 • Trial
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NOTICE OF SETTLEMENT BETWEEN PEPSI AND CENTURY
Case 2:10-cv-02696-SVW -MAN Document 314 #:11946
Filed 02/09/11 Page 3 of 3 Page ID
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Respectfully submitted,
Dated: February 8, 2011
AIWASIAN & ASSOCIATES By: /s/ John C. Conway John C. Conway Attorneys for Defendant CENTURY INDEMNITY COMPANY (as successor to CCI Insurance Company, an successor to Insurance Company of North America)
Dated: February 8, 2011
MORGAN, LEWIS & BOCKIUS LLP By: /s/ David S. Cox David S. Cox Attorneys for Plaintiff PEPSI-COLA METROPOLITAN BOTTLING COMPANY, INC.
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NOTICE OF SETTLEMENT BETWEEN PEPSI AND CENTURY

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