GT Nexus, Inc. v. Inttra Inc.

Filing 43

STIPULATION AND ORDER, Sea Star Line, LLC terminated.. Signed by Judge ARMSTRONG on 11/14/11. (lrc, COURT STAFF) (Filed on 11/15/2011)

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MORGAN, LEWIS & BOCKIUS LLP
Daniel Johnson, Jr. (SBN 57409)
Michael J. Lyons (SBN 202284)
David V. Sanker (SBN 251260)
Solandra J. Craig (SBN 263923)
2 Palo Alto Square
3000 El Camino Real, Suite 700
Palo Alto, CA 94306-2122
Telephone: [phone]
Facsimile: 650.843.4001
Email: [e-mail]
Email: [e-mail]
Email: [e-mail]
Email: [e-mail]

WILSON SONSINI GOODRICH & ROSATI
Professional Corporation
Stefani E. Shanberg, SBN 206717
Holly B. Baudler, SBN 238843
Robin L. Brewer, SBN 253686
650 Page Mill Road
Palo Alto, CA 94304-1050
Telephone: [phone]
Facsimile: 650.565.5100
Email: [e-mail]
Email: [e-mail]
Email: [e-mail]
Attorneys for Plaintiff and
Counter-Defendant GT NEXUS, INC.

Attorneys for Defendant and
Counter-Plaintiff INTTRA, INC.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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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, BACARDIMARTINI PRODUCTION, a French
corporation,
Counter-Defendants.

Case No. CV 4:11-cv-02145-SBA
JOINT STIPULATION TO DISMISS
COUNTER-DEFENDANT SEA STAR
LINE, LLC WITHOUT PREJUDICE
PURSUANT TO FED. R. CIV. P. 41(a)(2)

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JOINT STIPULATION AND [PROPOSED]
ORDER Case No. 4:11-cv-02145-SBA

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On September 1, 2011, Defendant/Counter-Plaintiff Inttra, Inc. (“Inttra”) filed its Answer

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and Counterclaims to GT Nexus’ Complaint. Inttra alleged that on information and belief, Counter-

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Defendant Sea Star Line, LLC (“Sea Star”) entered an agreement or other relationship whereby Sea

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Star became a part of the GT Nexus Community, that Sea Star is permitted by GT Nexus to connect

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to, and use the GT Nexus Platform, that Sea Star is connected to, and uses the GT Nexus Platform,

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and that Sea Star receives guidance, support, and direction in connection with Sea Star’s use of the

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GT Nexus Platform.

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On October 17, 2011, GT Nexus filed its Amended Answer to Inttra’s Counterclaims and

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GT Nexus’ Chief Financial Officer, Allen Barr declared under penalty of perjury, that GT Nexus

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does not have a signed service agreement with Sea Star Line, LLC, that Sea Star has completed a

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total of 63 transactions on the GT Nexus platform, and that GT Nexus never invoiced Sea Star for

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any transactions, nor has Sea Star paid GT Nexus for its use of the GT Nexus platform. (Exhibit A).

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On November 8, 2011, Sea Star filed its Answer to Inttra’s Counterclaims and denied that it

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is a member of the GT Nexus Community and that it received direction, instruction or guidance

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from GT Nexus as alleged. Based on these representations, the parties have agreed to dismiss all

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claims and counterclaims between Inttra and Sea Star without prejudice.

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In view of the foregoing, the parties request that the Court enter the accompanying proposed

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order dismissing the entire action between Inttra and Sea Star, including all pending claims and

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counterclaims, without prejudice, each party to bear its own costs, expenses and attorney fees.

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DATED: November 9, 2011

Respectfully submitted,

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MORGAN, LEWIS & BOCKIUS LLP

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By/s/ Michael J. Lyons
Daniel Johnson, Jr.
Michael J. Lyons
David V. Sanker
Solandra J. Craig

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Attorneys for Defendant and
Counter-Plaintiff INTTRA, INC.

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JOINT STIPULATION AND [PROPOSED]
ORDER Case No. 4:11-cv-02145-SBA

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DATED: November 9, 2011

WILSON SONSINI GOODRICH & ROSATI

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By /s/ Stefani E. Shanberg
Stefani E. Shanberg
Holly B. Baudler
Robin L. Brewer

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Attorneys for Plaintiff and
Counter-Defendant GT NEXUS, INC.

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Pursuant to General Order No. 45, Section X(B) regarding signatures, I, Michael J. Lyons,

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attest that concurrence in the filing of this document has been obtained from each of the other

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signatories. I declare under penalty of perjury under the laws of the United States of America that

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the foregoing is true and correct. Executed this 9th day of November, 2011, at Palo Alto, California.

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/s/ Michael J. Lyons
Michael J. Lyons

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JOINT STIPULATION AND [PROPOSED]
ORDER Case No. 4:11-cv-02145-SBA

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ORDER
PURSUANT TO STIPULATION, IT IS SO ORDERED

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Dated: 11/14/11
Hon. Saundra Brown Armstrong
United States District Judge

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JOINT STIPULATION AND [PROPOSED]
ORDER Case No. 4:11-cv-02145-SBA