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Silverman v. OpenAI, Inc. — Entry #70: PRETRIAL ORDER as Modified

Case: Silverman v. OpenAI, Inc. cand · 3:23-cv-03416

filed July 07, 2023

What this document is

Docket entry #70 · filed February 16, 2024

PRETRIAL ORDER as Modified. Signed by Judge Araceli Martinez-Olguin on 2/16/2024. (ads, COURT STAFF) (Filed on 2/16/2024) (Entered: 02/16/2024)

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We follow this case because it names a company we track, although that company is not a party:

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Case 3:23-cv-03416-AMO Document 70 Filed 02/16/24 Page 1 of 4


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10                                 UNITED STATES DISTRICT COURT
                                 NORTHERN DISTRICT OF CALIFORNIA
11                                    SAN FRANCISCO DIVISION
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     Paul Tremblay,                                 Lead Case No. 3:23-cv-03223-AMO
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        Individual and Representative Plaintiff,    [PROPOSED] PRETRIAL ORDER NO. 1
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             v.                                     [Filed Concurrently With Stipulation and
15                                                  [Proposed] Order to Consolidate Related Cases]
     OpenAI, Inc., et al.,
16                                 Defendants.
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     This document relates to:
18   Case No. 3:23-cv-03223-AMO
19   Case No. 4:23-cv-03416-AMO
20   Case No. 4:23-cv-04625-AMO
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                                                                  Case No. 3:23-cv-03223-AMO
                                       [PROPOSED] PRETRIAL ORDER NO. 1


                 Case 3:23-cv-03416-AMO Document 70 Filed 02/16/24 Page 2 of 4


 1          To facilitate the efficient management of the actions filed against OpenAI, Inc.; OpenAI, L.P.;

 2   OpenAI OpCo, L.L.C.; OpenAI GP, L.L.C.; OpenAI Startup Fund I, L.P.; OpenAI Startup Fund GP I,

 3   L.L.C.; and OpenAI Startup Fund Management, LLC (“OpenAI”) regarding OpenAI LLMs used for

 4   ChatGPT (the “OpenAI ChatGPT Actions”) involving claims of Direct Copyright Infringement (17

 5   U.S.C. § 106), Vicarious Copyright Infringement (17 U.S.C. § 106), the Digital Millenium Copyright

 6   Act – Removal of Copyright Management Information (17 U.S.C. § 1202 (b)) (“the DMCA”), Unfair

 7   Competition (Cal. Bus. & Prof. Code §§ 17200, et seq.), Negligence, and Unjust Enrichment, the

 8   Court hereby ORDERS as follows:

 9          1.       The provisions of this Order shall govern the practice and procedures in the OpenAI

10   ChatGPT Actions that were or will be related to Tremblay, et al. v. OpenAI ,Inc ., et al., Case No.

11   3:23-cv-03223-AMO (N.D. Cal. June 28, 2023) (“Tremblay Action”) pursuant to N.D. Cal. Civil

12   Local Rule 3-12.1 Pursuant to Federal Rule of Civil Procedure 42(a), the Court now consolidates the

13   OpenAI ChatGPT Actions into Case No. 23-cv-03223. The OpenAI ChatGPT Actions currently

14   pending in the Northern District have been consolidated for all purposes under Federal Rule of Civil

15   Procedure 42(a) pursuant to stipulation by the parties. See ECF No. 107 Consolidation does not have

16   the effect of making any entity a party to any action in which he, she, or it has not been named, served,

17   or added in accordance with the Federal Rules of Civil Procedure. All subsequent filings filed in this

18   Court related to the OpenAI ChatGPT Actions shall be captioned “In re OpenAI ChatGPT Litigation”

19   under Case No. 23-cv-03223.

20          2.       In any cases that are subsequently filed in, removed to, or transferred to this Court

21   involving the same or substantially similar issues of law and fact, Plaintiffs and/or the party

22   responsible for the filing, removal, and/or transfer shall file a notice of related case under Civil Local

23   Rules 3-12 and 7-11 and a stipulation or administrative motion to consolidate actions within fourteen

24   (14) days after the filing, removal, or transfer of the case (whichever is later).

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       Silverman, et al v. OpenAI, Inc., et al., Case No. 4:23-cv-03416-KAW (N.D. Cal. July 7, 2023)
27   (“Silverman Action”) and Chabon, et al. v. OpenAI, Inc, et al., Case No. 4:23-cv-04625-AMO (N.D.
28   Cal. Sept. 8, 2023) (“Chabon Action”) have previously been related to the Tremblay Action by the
     Court. (ECF Nos. 26, - 53.)

                                                       1           Case No. 3:23-cv-03223-AMO
                                        [PROPOSED] PRETRIAL ORDER NO. 1


                 Case 3:23-cv-03416-AMO Document 70 Filed 02/16/24 Page 3 of 4


 1          3.       Every pleading or motion filed in the master docket shall bear the following caption:

 2                                  UNITED STATES DISTRICT COURT

 3                               NORTHERN DISTRICT OF CALIFORNIA

 4                                       SAN FRANCISCO DIVISION

 5    IN RE OPENAI CHATGPT LITIGATION                        Master File No. 23-cv-03223-AMO

 6    This Document Relates To: [“All Actions” or the
      docket numbers of each individual case to which
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      the document relates.]
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 9          4.       If a document pertains to only one or some of the member cases, the document must list
10   the actions or the docket number of each individual action to which the document applies immediately
11   under the master caption as set forth above. Documents that pertain to one or only some of the
12   individual pending actions shall also be filed in the individual case(s) to which the documents pertain.
13          5.       Each attorney of record is obligated to become a Northern District of California ECF
14   User and be assigned a user ID and password for access to the system. If she or he has not already
15   done so, counsel shall register forthwith as an ECF User and be issued an ECF User ID and password.
16   Forms and instructions can be found on the Court’s website at www.cand.uscourts.gov/ cm-ecf. The
17   docket in Case No. 3:23-cv-03223-AMO will constitute the master docket. All filings shall be filed in
18   the master docket.
19          6.       A copy of this Order shall be filed by the Clerk in any subsequent OpenAI ChatGPT
20   Action related to In Re:OpenAI ChatGPT Litigation. The parties shall file a notice attaching a copy of
21   this Order in any subsequent OpenAI ChatGPT Action related to In Re: OpenAI ChatGPT Litigation.
22          7.       Counsel are directed to familiarize themselves with the Northern District of California’s
23   Local Rules, the Standing Order for All Judges of the Northern District of California, the Court’s
24   standing orders, and the Guidelines for Professional Conduct for the Northern District of California.
25          8.       Counsel who appeared in a related case prior to consolidation need not enter an
26   additional appearance before this Court. Attorneys admitted to practice and in good standing in any
27   United States District Court may, at Case No. 3:23-cv-03223-AMO, seek to be admitted pro hac vice
28   in this litigation pursuant to N.D. Cal. Civil Local Rule 11-3. The requirement that pro hac vice


                                                      2           Case No. 3:23-cv-03223-AMO
                                       [PROPOSED] PRETRIAL ORDER NO. 1


              Case 3:23-cv-03416-AMO Document 70 Filed 02/16/24 Page 4 of 4


 1   counsel retain local counsel, see N.D. Cal. Civil Local Rules 11-3(a)(3) and 11-3(e), is waived and

 2   does not apply to this action.

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 4   IT IS SO ORDERED.

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      Dated: February 16, 2024
 7                                                   Honorable Araceli Martínez-Olguín
                                                     United States Judge
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                                                     3           Case No. 3:23-cv-03223-AMO
                                      [PROPOSED] PRETRIAL ORDER NO. 1