Case 2:10-cv-02696-SVW -MAN Document 314 Filed 02/09/11 Page 1 of 3 Page ID

#:11944

1 MORGAN, LEWIS & BOCKIUS LLP

PAUL A. ZEVNIK, SBN 75343
2 pzevnik@morganlewis.com
MICHAEL E. MOLLAND, SBN 111830
3 mmolland@morganlewis.com
DAVID S. COX, SBN 181232
4 dcox@morganlewis.com
300 South Grand Avenue
5 Twenty-Second Floor
Los Angeles, CA 90071-3132
6 Tel: 213.612.2500
Fax: 213.612.2501
7 Attorneys for Plaintiff PEPSI-COLA
METROPOLITAN BOTTLING
8 COMPANY, INC.
9 AIWASIAN & ASSOCIATES
JOHN C. CONWAY(SBN 179301)
10 john.conway@mclolaw.com
725 S. Figueroa Street, Suite 1050
11 Los Angeles, CA 90017
Tel: 213.233.9650
12 Fax: 213.233.9651
Attorneys for Defendant, Counter-
13 Claimant and Cross-Claimant
CENTURY INDEMNITY COMPANY
14 (as successor to CCI INSURANCE
COMPANY, as successor to
15 INSURANCE COMPANY OF NORTH
AMERICA)
16
UNITED STATES DISTRICT COURT
17
CENTRAL DISTRICT OF CALIFORNIA
18
19 PEPSI-COLA METROPOLITAN Case No. 2:10-cv-02696 SVW (MANx)
BOTTLING COMPANY, INC.,
20 Honorable Stephen V. Wilson
Plaintiff,
21 NOTICE OF SETTLEMENT
vs. BETWEEN PLAINTIFF PEPSI-
22 COLA METROPOLITAN
INSURANCE COMPANY OF BOTTLING COMPANY, INC. AND
23 NORTH AMERICA; and DEFENDANT CENTURY
ONEBEACON AMERICA INDEMNITY COMPANY
24 INSURANCE COMPANY,
25 Defendants Action Filed: April 14, 2010
Trial Date: March 8, 2011
26
AND RELATED CROSS-CLAIMS
27
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1 NOTICE OF SETTLEMENT BETWEEN
DB1/66546070.1 PEPSI AND CENTURY
Case 2:10-cv-02696-SVW -MAN Document 314 Filed 02/09/11 Page 2 of 3 Page ID
#:11945

1 TO THE HONORABLE COURT:

2 PLEASE TAKE NOTICE THAT plaintiff Pepsi-Cola Metropolitan
3 Bottling Company (“Pepsi”) and defendant Century Indemnity Company (as
4 successor to CCI Insurance Company, as successor to Insurance Company of North
5 America) (“Century”) have reached an agreement in principle to resolve all
6 outstanding issues between them in this litigation. Pursuant to the parties’
7 understanding, they are to memorialize the terms of this agreement in a formal
8 settlement and shall take appropriate actions to dismiss all claims between them in
9 the next thirty to sixty days.
10 Accordingly, Pepsi and Century respectfully request that the Court continue
11 the following hearing dates currently on its calendar by approximately 60 days, as
12 comports with the Court’s calendar:
13 1. February 28, 2011
14 • Final Pre-trial Conference
15 • Hearing on Century’s Motion for Partial Summary Judgment
16 Regarding the Breach of the Covenant of Good Faith and Fair Dealing
17 (Doc. No. 274)
18 • Hearing on Pepsi’s Motion for Partial Summary Judgment (Tortious
19 Breach of Implied Covenant of Good Faith and Fair Dealing) (Doc.
20 No. 280)
21 • Hearing on Pepsi’s Motion for Partial Summary Judgment On its Third
22 Claim of Relief Against Insurance Company of North America (Doc.
23 No. 283)
24 2. March 8, 2011
25 • Trial
26
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28
2 NOTICE OF SETTLEMENT BETWEEN
DB1/66546070.1 PEPSI AND CENTURY
Case 2:10-cv-02696-SVW -MAN Document 314 Filed 02/09/11 Page 3 of 3 Page ID
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1 Respectfully submitted,
2
3
Dated: February 8, 2011 AIWASIAN & ASSOCIATES
4
5 By: /s/ John C. Conway
John C. Conway
6 Attorneys for Defendant
CENTURY INDEMNITY COMPANY
7 (as successor to CCI Insurance
Company, an successor to Insurance
8 Company of North America)
9
Dated: February 8, 2011 MORGAN, LEWIS & BOCKIUS LLP
10
11 By: /s/ David S. Cox
David S. Cox
12 Attorneys for Plaintiff
PEPSI-COLA METROPOLITAN
13 BOTTLING COMPANY, INC.
14
15
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3 NOTICE OF SETTLEMENT BETWEEN
DB1/66546070.1 PEPSI AND CENTURY