Case 3:23-cv-03416-AMO Document 70 Filed 02/16/24 Page 1 of 4 1 2 3 4 5 6 7 8 9 10 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 11 SAN FRANCISCO DIVISION 12 Paul Tremblay, Lead Case No. 3:23-cv-03223-AMO 13 Individual and Representative Plaintiff, [PROPOSED] PRETRIAL ORDER NO. 1 14 v. [Filed Concurrently With Stipulation and 15 [Proposed] Order to Consolidate Related Cases] OpenAI, Inc., et al., 16 Defendants. 17 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 21 22 23 24 25 26 27 28 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). 25 26 1 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 7 the document relates.] 8 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. 3 4 IT IS SO ORDERED. 5 6 Dated: February 16, 2024 7 Honorable Araceli Martínez-Olguín United States Judge 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 Case No. 3:23-cv-03223-AMO [PROPOSED] PRETRIAL ORDER NO. 1