Opinion
Case No. CV 4:11-cv-02145-SBA
11-14-2011
GT NEXUS, INC., a Delaware corporation, Plaintiff, v. INTTRA, INC., a Delaware corporation, Defendant, and INTTRA, INC., a Delaware corporation, Counter-Plaintiff, v. GT NEXUS, INC., a Delaware corporation, CROWLEY MARITIME CORPORATION, a Delaware corporation, CROWLEY LINER SERVICES, INC., a Delaware corporation, INDEPENDENT CONTAINER LINE, LTD., a Bahamas corporation, SEABOARD MARINE, LTD., INC., a Liberian corporation, SEA STAR LINE, LLC, a Delaware corporation, TURKON LINES AMERICA, INC., a Turkish corporation, BACARDI- MARTINI PRODUCTION, a French corporation, Counter-Defendants.
MORGAN, LEWIS & BOCKIUS LLP Daniel Johnson, Jr. (SBN 57409) Michael J. Lyons (SBN 202284) David V. Sanker (SBN 251260) Solandra J. Craig (SBN 263923) Attorneys for Defendant and Counter-Plaintiff INTTRA, INC. WILSON SONSINI GOODRICH & ROSATI Professional Corporation Stefani E. Shanberg, SBN 206717 Holly B. Baudler, SBN 238843 Robin L. Brewer, SBN 253686 Attorneys for Plaintiff and Counter-Defendant GT NEXUS, INC.
MORGAN, LEWIS & BOCKIUS LLP
Daniel Johnson, Jr. (SBN 57409)
Michael J. Lyons (SBN 202284)
David V. Sanker (SBN 251260)
Solandra J. Craig (SBN 263923)
Attorneys for Defendant and Counter-Plaintiff INTTRA, INC.
WILSON SONSINI GOODRICH & ROSATI
Professional Corporation
Stefani E. Shanberg, SBN 206717
Holly B. Baudler, SBN 238843
Robin L. Brewer, SBN 253686
Attorneys for Plaintiff and Counter-Defendant GT NEXUS, INC.
JOINT STIPULATION TO DISMISS COUNTER-DEFENDANT SEA STAR LINE, LLC WITHOUT PREJUDICE PURSUANT TO FED. R. CIV. P. 41(a)(2)
On September 1, 2011, Defendant/Counter-Plaintiff Inttra, Inc. ("Inttra") filed its Answer and Counterclaims to GT Nexus' Complaint. Inttra alleged that on information and belief, Counter-Defendant Sea Star Line, LLC ("Sea Star") entered an agreement or other relationship whereby Sea Star became a part of the GT Nexus Community, that Sea Star is permitted by GT Nexus to connect to, and use the GT Nexus Platform, that Sea Star is connected to, and uses the GT Nexus Platform, and that Sea Star receives guidance, support, and direction in connection with Sea Star's use of the GT Nexus Platform.
On October 17, 2011, GT Nexus filed its Amended Answer to Inttra's Counterclaims and GT Nexus' Chief Financial Officer, Allen Barr declared under penalty of perjury, that GT Nexus does not have a signed service agreement with Sea Star Line, LLC, that Sea Star has completed a total of 63 transactions on the GT Nexus platform, and that GT Nexus never invoiced Sea Star for any transactions, nor has Sea Star paid GT Nexus for its use of the GT Nexus platform. (Exhibit A).
On November 8, 2011, Sea Star filed its Answer to Inttra's Counterclaims and denied that it is a member of the GT Nexus Community and that it received direction, instruction or guidance from GT Nexus as alleged. Based on these representations, the parties have agreed to dismiss all claims and counterclaims between Inttra and Sea Star without prejudice.
In view of the foregoing, the parties request that the Court enter the accompanying proposed order dismissing the entire action between Inttra and Sea Star, including all pending claims and counterclaims, without prejudice, each party to bear its own costs, expenses and attorney fees.
Respectfully submitted,
MORGAN, LEWIS & BOCKIUS LLP
Daniel Johnson, Jr.
Michael J. Lyons
David V. Sanker
Solandra J. Craig
Attorneys for Defendant and Counter-Plaintiff INTTRA, INC.
WILSON SONSINI GOODRICH & ROSATI
Stefani E. Shanberg
Holly B. Baudler
Robin L. Brewer
Attorneys for Plaintiff and Counter-Defendant GT NEXUS, INC.
Pursuant to General Order No. 45, Section X(B) regarding signatures, I, Michael J. Lyons, attest that concurrence in the filing of this document has been obtained from each of the other signatories. I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed this 9th day of November, 2011, at Palo Alto, California.
Michael J. Lyons
ORDER
PURSUANT TO STIPULATION, IT IS SO ORDERED
Hon. Saundra Brown Armstron
United States District Judge