Case No. 09-CV-02393-RS
FIRST AMENDED COMPLAINT
Plaintiff ZL Technologies, Inc. (“ZL”) hereby alleges as follows:
ZL is a corporation organized under the laws of the State of California, with itsprincipal place of business in San Jose, California.3.
Defendant Gartner, Inc. (“Gartner”) is a corporation organized under the laws of the State of Delaware, with its principal place of business in Stamford, Connecticut.4.
Defendant Carolyn DiCenzo (“DiCenzo,” collectively with Gartner,“Defendants”) is, and at all times relevant was, a citizen of the state of Massachusetts residing inMassachusetts. At all relevant times, DiCenzo has been employed by Gartner as its lead analystfor email archiving software, and has had primary direct responsibility on behalf of the companyin connection with the conduct and events described in this complaint.
JURISDICTION AND VENUE
This Court has original jurisdiction under 28 United States Code section 1332, inthat this is a civil action between citizens of different states in which the matter in controversyexceeds, exclusive of costs and interest, seventy-five thousand dollars.6.
Venue in the Northern District of California is proper pursuant to 28 United StatesCode section 1391(a) in that a substantial part of the events or omissions giving rise to the claimsoccurred in this district.7.
Intra-district assignment of this case to the San Jose Division is appropriatepursuant to Civil Local Rule 3-2(c) in that a substantial part of the events giving rise to theclaims occurred in the San Jose Division.
ZL’s Superior Products and Services
Founded in 1999, Plaintiff ZL makes and sells enterprise software, includingcutting-edge systems that allow large enterprises to store, index, search and extract electronicdata, primarily email and files. Those software systems belong to a category of products knowngenerally as “email archiving software.”
Case5:09-cv-02393-JF Document34 Filed12/04/09 Page2 of 23