DOE 1 et al v. GitHub, Inc. et al
Plaintiff: J. DOE 1, J. DOE 2 and J. Doe 5
Defendant: GitHub, Inc., Microsoft Corporation, OPENAI, INC., OPENAI, L.P., OPENAI GP, L.L.C., OPENAI STARTUP FUND GP I, L.L.C., OPENAI STARTUP FUND I, L.P., OPENAI STARTUP FUND MANAGEMENT, LLC and OpenAI OpCo, L.L.C.
Consolidated Plaintiff: J. Doe 3 and J. Doe 4
Case Number: 4:2022cv06823
Filed: November 3, 2022
Court: US District Court for the Northern District of California
Presiding Judge: Donna M Ryu
Referring Judge: Jon S Tigar
2 Judge: Kandis A Westmore
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1331 Fed. Question: Breach of Contract
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on April 15, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 21, 2023 Opinion or Order Filing 176 NOTICE by GitHub, Inc., Microsoft Corporation NOTICE OF SUPPLEMENTAL AUTHORITY RELEVANT TO DEFENDANTS GITHUB AND MICROSOFTS MOTIONS TO DISMISS PORTIONS OF THE FIRST AMENDED COMPLAINT IN CONSOLIDATED ACTIONS (Attachments: #1 Exhibit 1 to Notice)(Hurst, Annette) (Filed on 11/21/2023)
November 21, 2023 Opinion or Order Filing 175 ORDER REFERRING ALL DISCOVERY DISPUTES TO MAGISTRATE JUDGE. Signed by Judge Jon S. Tigar on November 21, 2023. (mll, COURT STAFF) (Filed on 11/21/2023)
November 21, 2023 Opinion or Order CASE REFERRED to Magistrate Judge Donna M. Ryu for Discovery (mkl, COURT STAFF) (Filed on 11/21/2023)
November 17, 2023 Opinion or Order Filing 174 Transcript of Proceedings held on 11/09/2023, before Judge Tigar. Court Reporter Pamela Batalo Hebel, telephone number 626-688-7509; pamela_batalo-hebel@cand.uscourts.gov. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re #172 Transcript Order, ) Redaction Request due 12/8/2023. Redacted Transcript Deadline set for 12/18/2023. Release of Transcript Restriction set for 2/15/2024. (Related documents(s) #172 ) (Batalo, Pam) (Filed on 11/17/2023)
November 15, 2023 Opinion or Order Filing 173 Joint Discovery Letter BriefREGARDING OPENAI DEFENDANTS RESPONSES TO PLAINTIFFS INTERROGATORY Nos. 2, 5, 8, and 9 filed by J. DOE 1, J. DOE 2, J. Doe 3, J. Doe 4, J. Doe 5. (Attachments: #1 Declaration of Joseph R. Saveri, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5)(Saveri, Joseph) (Filed on 11/15/2023)
November 14, 2023 Opinion or Order Filing 172 TRANSCRIPT ORDER for proceedings held on 11/9/23 before Judge Jon S. Tigar by OpenAI GP, L.L.C., OpenAI OpCo, L.L.C., OpenAI Startup Fund GP I, L.L.C., OpenAI Startup Fund I, L.P., OpenAI Startup Fund Management, LLC, OpenAI, Inc., OpenAI, L.P., for Court Reporter Pam Batalo-Hebel. (Lee, Rose) (Filed on 11/14/2023)
November 9, 2023 Opinion or Order Filing 171 Minute Entry for proceedings held before Judge Jon S. Tigar: Motion Hearing held on 11/9/2023. Hearing held via Zoom videoconference. Argument heard from parties regarding motions to dismiss. Motions taken under submission. Written order to issue. Total Time in Court: 47 minutes. Court Reporter: Pamela Hebel. Plaintiff Attorney: Joseph Saveri, Matthew Butterick. Defendant Attorney: Counsel for GitHub and Microsoft Defendants: Annette Hurst; Counsel for OpenAI Defendants: Joseph Gratz. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mll, COURT STAFF) (Date Filed: 11/9/2023)
November 6, 2023 Opinion or Order Filing 170 CLERKS NOTICE CONTINUING CASE MANAGEMENT CONFERENCE. The case management conference set for 11/17/2023 is CONTINUED. Case Management Statement due by 12/13/2023. Further Case Management Conference set for 12/20/2023 02:00 PM in Oakland, - Videoconference Only. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/jst Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. A combined list of names of all counsel appearing for all parties must be sent in one email to the CRD at JSTCRD@cand.uscourts.gov no later than December 19, 2023 by 2:00 p.m.General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. Case Management Statement due by 12/13/2023. Further Case Management Conference set for 12/20/2023 02:00 PM in Oakland, - Videoconference Only. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mll, COURT STAFF) (Filed on 11/6/2023)
November 1, 2023 Opinion or Order Filing 169 NOTICE by OpenAI GP, L.L.C., OpenAI OpCo, L.L.C., OpenAI Startup Fund GP I, L.L.C., OpenAI Startup Fund I, L.P., OpenAI Startup Fund Management, LLC, OpenAI, Inc., OpenAI, L.P. NOTICE OF SUPPLEMENTAL AUTHORITY RELEVANT TO DEFENDANT OPENAI'S MOTION TO DISMISS FIRST AMENDED COMPLAINT (Attachments: #1 Exhibit 1)(Gratz, Joseph) (Filed on 11/1/2023)
November 1, 2023 Opinion or Order Filing 168 ORDER RE: DISCOVERY OF ELECTRONICALLY STORED INFORMATION. Signed by Judge Jon S. Tigar on November 1, 2023. (mll, COURT STAFF) (Filed on 11/1/2023)
October 30, 2023 Opinion or Order Filing 167 ORDER CONCERNING EXPERT DISCOVERY by Judge Jon S. Tigar granting #164 Stipulation.(mll, COURT STAFF) (Filed on 10/30/2023)
October 27, 2023 Opinion or Order Filing 166 ERRATA re #165 Letter Brief, CORRECTION OF DOCKET # [165-1] and [165-2] by J. DOE 1, J. DOE 2, J. Doe 3, J. Doe 4, J. Doe 5. (Attachments: #1 Declaration)(Saveri, Joseph) (Filed on 10/27/2023)
October 27, 2023 Opinion or Order Filing 165 ***POSTED IN ERROR. PLEASE DOCUMENT #166*** Letter Brief filed by J. DOE 1, J. DOE 2, J. Doe 3, J. Doe 4, J. Doe 5. (Attachments: #1 Supplement Plaintiffs Proposed ESI Protocol, #2 Declaration Defendants, #3 Exhibit 1 - Defendants, #4 Exhibit 2 - Defendants)(Saveri, Joseph) (Filed on 10/27/2023) Modified text on 10/30/2023 (dhm, COURT STAFF).
October 27, 2023 Opinion or Order Filing 164 STIPULATION WITH PROPOSED ORDER CONCERNING EXPERT DISCOVERY filed by J. DOE 1, J. DOE 2, J. Doe 3, J. Doe 4, J. Doe 5. (Saveri, Joseph) (Filed on 10/27/2023)
October 16, 2023 Opinion or Order Filing 163 NOTICE by J. DOE 1, J. DOE 2, J. Doe 3, J. Doe 4, J. Doe 5 NOTICE OF SUPPLEMENTAL AUTHORITY RELEVANT TO PLAINTIFFS OPPOSITIONS TO DEFENDANTS MOTIONS TO DISMISS (Attachments: #1 Exhibit 1)(Young, Christopher) (Filed on 10/16/2023)
October 10, 2023 Opinion or Order Filing 162 ORDER REGARDING PRESERVATION OF TELEMETRY DATA by Judge Jon S. Tigar granting #161 Stipulation.(mll, COURT STAFF) (Filed on 10/10/2023)
October 6, 2023 Opinion or Order Filing 161 STIPULATION WITH PROPOSED ORDER REGARDING PRESERVATION OF TELEMETRY DATA filed by GitHub, Inc., Microsoft Corporation. (Hurst, Annette) (Filed on 10/6/2023)
October 3, 2023 Opinion or Order Filing 160 ORDER by Judge Jon S. Tigar GRANTING #159 STIPULATION REGARDING BRIEFING SCHEDULE FOR JOINT LETTER BRIEF RE: TELEMETRY DATA. Joint Discovery Letter Brief due by 10/6/2023. (jlg, COURT STAFF) (Filed on 10/3/2023)
September 29, 2023 Opinion or Order Filing 159 STIPULATION WITH PROPOSED ORDER REGARDING BRIEFING SCHEDULE FOR JOINT LETTER BRIEF RE: TELEMETRY DATA filed by GitHub, Inc., Microsoft Corporation. (Hurst, Annette) (Filed on 9/29/2023)
September 27, 2023 Opinion or Order Filing 158 NOTICE by J. DOE 1, J. DOE 2, J. Doe 3, J. Doe 4, J. Doe 5 NOTICE OF SUPPLEMENTAL AUTHORITY RELEVANT TO PLAINTIFFS OPPOSITIONS TO DEFENDANTS MOTIONS TO DISMISS (Attachments: #1 Exhibit 1)(Manfredi, Travis) (Filed on 9/27/2023)
September 19, 2023 Opinion or Order Filing 157 ORDER by Judge Jon S. Tigar granting (152) Administrative Motion to File Under Seal in case 4:22-cv-06823-JST. (mll, COURT STAFF) (Filed on 9/19/2023)
September 19, 2023 Opinion or Order Filing 156 ORDER by Judge Jon S. Tigar granting (151) Motion to Remove Incorrectly Filed Document in case 4:22-cv-06823-JST. (mll, COURT STAFF) (Filed on 9/19/2023)
September 15, 2023 Opinion or Order Filing 155 Minute Entry for proceedings held before Judge Jon S. Tigar: Further Case Management Conference held on 9/15/2023.ESI Protocol Deadline 10/27/2023. Expert Discovery Stipulation Deadline 10/27/2023. Joint Case Management Statement due 11/10/2023. Further Case Management Conference set for 11/17/2023 at 1:30 PM in Oakland, - Videoconference Only. Total Time in Court: 32 minutes. Court Reporter: Not Reported. Plaintiff Attorney: Joseph Saveri. Defendant Attorney: Annette Hurst, Joseph Gratz, Micahel Jacobs. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jlg, COURT STAFF) (Date Filed: 9/15/2023)
September 15, 2023 Opinion or Order Set Deadlines/Hearings: Case Management Statement due by 11/10/2023. (jlg, COURT STAFF) (Filed on 9/15/2023)
September 13, 2023 Opinion or Order Filing 154 CERTIFICATE OF SERVICE by J. DOE 1, J. DOE 2, J. Doe 3, J. Doe 4, J. Doe 5 re #152 Joint Case Management Statement Filed Under Seal (Manfredi, Travis) (Filed on 9/13/2023) Modified on 9/13/2023 linking entry to #152 (dhm, COURT STAFF).
September 12, 2023 Opinion or Order Filing 153 JOINT CASE MANAGEMENT STATEMENT filed by J. DOE 1, J. DOE 2, J. Doe 3, J. Doe 4, J. Doe 5. (Manfredi, Travis) (Filed on 9/12/2023)
September 12, 2023 Opinion or Order Filing 152 Administrative Motion to File Under Seal filed by J. DOE 1, J. DOE 2, J. Doe 3, J. Doe 4, J. Doe 5. (Attachments: #1 Declaration of Travis Manfredi, #2 Proposed Order, #3 Joint Case Management Statement)(Manfredi, Travis) (Filed on 9/12/2023)
September 12, 2023 Opinion or Order Filing 151 MOTION to Remove Incorrectly Filed Document filed by J. DOE 1, J. DOE 2, J. Doe 3, J. Doe 4, J. Doe 5. (Attachments: #1 Proposed Order)(Manfredi, Travis) (Filed on 9/12/2023)
September 8, 2023 Opinion or Order Filing 150 Rule 7.1 Disclosures by OpenAI, L.P. - Certification of Interested Entities or Persons and Corporate Disclosure Statement (Bennett, Allyson) (Filed on 9/8/2023)
September 8, 2023 Opinion or Order Filing 149 JOINT CASE MANAGEMENT STATEMENT filed by J. DOE 1, J. DOE 2, J. Doe 3, J. Doe 4, J. Doe 5. (Saveri, Joseph) (Filed on 9/8/2023) Modified text on 9/8/2023 (dhm, COURT STAFF). **Locked per filer's request.** Modified on 9/12/2023 (ddk, COURT STAFF).
September 8, 2023 Opinion or Order #Electronic filing error. Incorrect event used. [err101]Corrected by Clerk's Office. No further action is necessary. Re: #149 Case Management Statement filed by J. Doe 5, J. DOE 1, J. Doe 4, J. Doe 3, J. DOE 2 (dhm, COURT STAFF) (Filed on 9/8/2023)
September 5, 2023 Opinion or Order Filing 148 CLERKS NOTICE CONTINUING MOTION HEARING. The motion hearings set for 9/14/2023 are CONTINUED. Motion Hearing set for 11/9/2023 02:00 PM in Oakland, - Videoconference Only before Judge Jon S. Tigar. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/jst Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. A combined list of names of all counsel appearing for all parties must be sent in one email to the CRD at JSTCRD@cand.uscourts.gov no later than November 8, 2023 by 2:00 p.m.General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/., Set/Reset Deadlines as to #108 MOTION to Dismiss Portions of the First Amended Complaint in Consolidated Actions (REDACTED), #110 MOTION to Dismiss . Motion Hearing set for 11/9/2023 02:00 PM in Oakland, - Videoconference Only before Judge Jon S. Tigar. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mll, COURT STAFF) (Filed on 9/5/2023)
August 10, 2023 Opinion or Order Filing 147 REPLY (re #110 MOTION to Dismiss ) filed byOPENAI GP, L.L.C., OPENAI STARTUP FUND GP I, L.L.C., OPENAI STARTUP FUND I, L.P., OPENAI STARTUP FUND MANAGEMENT, LLC, OPENAI, INC., OPENAI, L.P., OpenAI OpCo, L.L.C.. (Gratz, Joseph) (Filed on 8/10/2023)
August 10, 2023 Opinion or Order Filing 146 REPLY (re #108 MOTION to Dismiss Portions of the First Amended Complaint in Consolidated Actions (REDACTED) ) filed byGitHub, Inc., Microsoft Corporation. (Hurst, Annette) (Filed on 8/10/2023)
August 7, 2023 Opinion or Order Filing 145 AMENDED AND STIPULATED PROTECTIVE ORDER. Motions terminated: #144 STIPULATION WITH PROPOSED ORDER FOR ENTRY OF AMENDED AND STIPULATED PROTECTIVE ORDER filed by Microsoft Corporation, GitHub, Inc. Signed by Judge Jon S. Tigar on August 7, 2023. (mll, COURT STAFF) (Filed on 8/7/2023)
August 2, 2023 Opinion or Order Filing 144 STIPULATION WITH PROPOSED ORDER FOR ENTRY OF AMENDED AND STIPULATED PROTECTIVE ORDER filed by GitHub, Inc., Microsoft Corporation. (Attachments: #1 Declaration of Annette L. Hurst in Support, #2 Exhibit 1 to Hurst Declaration)(Hurst, Annette) (Filed on 8/2/2023)
July 28, 2023 Opinion or Order Filing 143 Order by Judge Jon S. Tigar granting #139 Stipulation Regarding Briefing Schedule For Responding To Second Corrected First Amended Complaint.(mll, COURT STAFF) (Filed on 7/28/2023)
July 27, 2023 Opinion or Order Filing 142 OPPOSITION/RESPONSE (re #110 MOTION to Dismiss ) CORRECTION OF DOCKET #141 filed byJ. DOE 1, J. DOE 2, J. Doe 3, J. Doe 4, J. Doe 5. (Saveri, Joseph) (Filed on 7/27/2023)
July 27, 2023 Opinion or Order Filing 141 *Filing Error. See dkt #142 for Corrections*OPPOSITION/RESPONSE (re #110 MOTION to Dismiss ) filed by J. DOE 1, J. DOE 2, J. Doe 3, J. Doe 4, J. Doe 5. (Saveri, Joseph) (Filed on 7/27/2023) Modified on 7/28/2023 (sfb, COURT STAFF).
July 27, 2023 Opinion or Order Filing 140 OPPOSITION/RESPONSE (re #108 MOTION to Dismiss Portions of the First Amended Complaint in Consolidated Actions (REDACTED) ) filed byJ. DOE 1, J. DOE 2, J. Doe 3, J. Doe 4, J. Doe 5. (Saveri, Joseph) (Filed on 7/27/2023)
July 27, 2023 Opinion or Order Filing 139 STIPULATION WITH PROPOSED ORDER Regarding Briefing Schedule For Responding To Second Corrected First Amended Complaint filed by GitHub, Inc., Microsoft Corporation. (Hurst, Annette) (Filed on 7/27/2023)
July 26, 2023 Opinion or Order Filing 138 ORDER RE: DISCOVERY DISPUTE. Motions terminated: #71 MOTION MAINTAIN CONFIDENTIALITY DESIGNATIONS FOR PLAINTIFFS TRUE NAMES PURSUANT TO SECTION 6.3 OF THE STIPULATED PROTECTIVE ORDER (ECF NO. 63) filed by J. DOE 1, J. Doe 4, J. Doe 3, J. DOE 2. Signed by Judge Jon S. Tigar on July 26, 2023. (mll, COURT STAFF) (Filed on 7/26/2023)
July 25, 2023 Opinion or Order Filing 137 NOTICE OF SETTLEMENT CONFERENCE AND SETTLEMENT CONFERENCE ORDER. Settlement Conference set for 1/19/2024 09:30 AM in San Francisco, Courtroom C, 15th Floor. Signed by Magistrate Judge Sallie Kim on 7/25/2023. (mkl, COURT STAFF) (Filed on 7/25/2023)
July 21, 2023 Opinion or Order Filing 136 Joint Discovery Letter Brief filed by All Plaintiffs, GitHub, Inc., Microsoft Corporation, OpenAI, Inc.; OpenAI, L.P.; OpenAI GP, L.L.C.; OpenAI OpCo, LLC; OpenAI Startup Fund GP I, L.L.C.; OpenAI Startup Fund I, L.P.; and OpenAI Startup Fund Management, LLC. (Hurst, Annette) (Filed on 7/21/2023) Modified on 7/24/2023 (cjl, COURT STAFF).
July 21, 2023 Opinion or Order Filing 135 AMENDED COMPLAINT CORRECTION OF DOCKET #98 against All Defendants. Filed byJ. Doe 5, J. Doe 3, J. DOE 2, J. DOE 1, J. Doe 4. (Attachments: #1 Exhibit Redline)(Saveri, Joseph) (Filed on 7/21/2023)
July 21, 2023 Opinion or Order Filing 134 EXHIBITS re #97 Administrative Motion to File Under Seal Portions of the First Amended Complaint CORRECTION OF DOCKET #102 filed byJ. DOE 1, J. DOE 2, J. Doe 3, J. Doe 4, J. Doe 5. (Attachments: #1 Exhibit Redline)(Related document(s) #97 ) (Saveri, Joseph) (Filed on 7/21/2023)
July 21, 2023 Opinion or Order Filing 133 ORDER GRANTING PLAINTIFFS' ADMINISTRATIVE MOTION TO FILE UNDER SEAL PORTIONS OF FIRST AMENDED COMPLAINT by Judge Jon S. Tigar granting #97 Administrative Motion to File Under Seal.(mll, COURT STAFF) (Filed on 7/21/2023)
July 20, 2023 Opinion or Order Filing 132 Minute Entry for proceedings held by Zoom before Magistrate Judge Sallie Kim: Scheduling Conference held on 7/20/2023. The parties and Court discuss potential dates for the settlement conference in January 2024. Counsel will confer with their clients and notify the Court no later than Monday 7/24/2023 at 9:00 AM whether any of the dates will work. If the dates discussed do not work, the parties should provide alternative dates in January and February 2024. Total Time in Court: 15 minutes. Not reported. Attorneys for Plaintiffs: Joseph Saveri and Cadio Zirpooli. Attorneys for Defendants Microsoft and GitHub: Annette Hurst and Daniel Justice. Attorney for Defendant OpenAI: Joseph Gratz. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mkl, COURT STAFF) (Date Filed: 7/20/2023)
July 18, 2023 Opinion or Order Filing 131 ***7/11/23 Case Managment Conference was not reported or recorded, no transcript can be prepared. Filer has been notified via email*** TRANSCRIPT ORDER for proceedings held on 7/11/2023 before Judge Jon S. Tigar by J. DOE 1, J. DOE 2, J. Doe 3, J. Doe 4, J. Doe 5, for Court Reporter not listed - Oakland. (Saveri, Joseph) (Filed on 7/18/2023) Modified on 7/18/2023 (nap, COURT STAFF).
July 11, 2023 Opinion or Order Filing 130 SCHEDULING ORDER. Amended Pleadings due by 12/22/2023. Close of Expert Discovery due by 2/21/2025. Close of Fact Discovery due by 9/27/2024. Designation of Experts due by 11/8/2024. Motions due by 3/27/2025. Opening Reports due by 12/13/2024. Rebuttal Reports due by 1/24/2025. Responses due by 4/24/2025. Replies due by 5/22/2025. Responses due by 7/27/2023. Replies due by 8/10/2023.. Signed by Judge Jon S. Tigar on July 11, 2023. (mll, COURT STAFF) (Filed on 7/11/2023)
July 11, 2023 Opinion or Order Filing 129 Minute Entry for proceedings held before Judge Jon S. Tigar: Further Case Management Conference held on 7/11/2023. Hearing held via Zoom videoconference. Issues raised in case management statement discussed. The parties are ordered to meet and confer about, and make a joint letter brief regarding the newly disclosed source code and confidential designation of names. The joint proposal should be no more than 5 pages. Further case management conference set. Written scheduling order to issue. Case Management Statement due by 9/8/2023. Letter Brief due by 7/21/2023. Further Case Management Conference set for 9/15/2023 01:30 PM in Oakland, - Videoconference Only. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/jst Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. One list of names of all counsel appearing for all parties must be sent in one email to the CRD at JSTCRD@cand.uscourts.gov no later than September 14, 2023 by Noon.General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. Case Management Statement due by 9/8/2023. Status Report due by 7/21/2023. Further Case Management Conference set for 9/15/2023 01:30 PM in Oakland, - Videoconference Only.Total Time in Court: 20 minutes. Court Reporter: N/A. Plaintiff Attorney: Joseph Saveri. Defendant Attorney: Defendants GitHub, Inc., and Microsoft Corp.: Annette Hurst Defendant OpenAI: Joseph Gratz. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mll, COURT STAFF) (Date Filed: 7/11/2023)
July 11, 2023 Opinion or Order Filing 128 NOTICE OF VIDEO SCHEDULING CONFERENCE FOR SETTLEMENT CONFERENCE. (The attached notice contains Zoom meeting information counsel will need to participate). Scheduling Conference set for 7/20/2023 09:00 AM in San Francisco - Videoconference Only before Magistrate Judge Sallie Kim. Signed by Magistrate Judge Sallie Kim on 7/11/2023. (mkl, COURT STAFF) (Filed on 7/11/2023)
July 10, 2023 Opinion or Order Filing 127 ORDER REFERRING CASE to Magistrate Judge for Settlement. Signed by Judge Jon S. Tigar on July 10, 2023. (mll, COURT STAFF) (Filed on 7/10/2023)
July 10, 2023 Opinion or Order CASE REFERRED to Magistrate Judge Sallie Kim for Settlement (mkl, COURT STAFF) (Filed on 7/10/2023)
July 6, 2023 Opinion or Order Filing 126 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options for Microsoft Corporation ADR (Hurst, Annette) (Filed on 7/6/2023)
July 6, 2023 Opinion or Order Filing 125 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options for GitHub, Inc. ADR (Hurst, Annette) (Filed on 7/6/2023)
July 6, 2023 Opinion or Order Filing 124 TRANSCRIPT ORDER for proceedings held on 5/4/2023 before Judge Jon S. Tigar for Court Reporter Irene Rodriguez. (sp, COURT STAFF) (Filed on 7/6/2023)
July 6, 2023 Opinion or Order Filing 123 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options for Defendant, OPENAI OPCO, L.L.C., a Delaware limited liability company (Gratz, Joseph) (Filed on 7/6/2023)
July 6, 2023 Opinion or Order Filing 122 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options for Defendant, OPENAI STARTUP FUND MANAGEMENT, L.L.C, a Delaware limited liability company (Gratz, Joseph) (Filed on 7/6/2023)
July 6, 2023 Opinion or Order Filing 121 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options for Defendant OPENAI STARTUP FUND I, L.P., a Delaware limited partnership (Gratz, Joseph) (Filed on 7/6/2023)
July 6, 2023 Opinion or Order Filing 120 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options for Defendant, OPENAI STARTUP FUND GP I, L.L.C., a Delaware limited liability company (Gratz, Joseph) (Filed on 7/6/2023)
July 6, 2023 Opinion or Order Filing 119 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options for Defendant, OPENAI GP, L.L.C., a Delaware limited liability company (Gratz, Joseph) (Filed on 7/6/2023)
July 6, 2023 Opinion or Order Filing 118 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options for Defendant, OPENAI, L.P., a Delaware limited partnership (Gratz, Joseph) (Filed on 7/6/2023)
July 6, 2023 Opinion or Order Filing 117 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options for Defendant OPENAI INC., a Delaware nonprofit corporation (Gratz, Joseph) (Filed on 7/6/2023)
July 5, 2023 Opinion or Order Filing 116 JOINT CASE MANAGEMENT STATEMENT & Rule 26(f) Report filed by J. DOE 1, J. DOE 2, J. Doe 3, J. Doe 4, J. Doe 5, GitHub, Inc., Microsoft Corporation, OpenAI, Inc., OpenAI, L.P., OpenAI GP, LLC, OpenAI OpCo, L.L.C., OpenAI Startup Fund GP I, L.L.C, OpenAI Startup Fund I, L.P., and OpenAI Startup Fund Management LLC. (Saveri, Joseph) (Filed on 7/5/2023) Modified on 7/6/2023 (cjl, COURT STAFF).
July 5, 2023 Opinion or Order Filing 115 Order by Judge Jon S. Tigar granting #107 Administrative Motion to Consider Whether Another Party's Material Should Be Sealed.(mll, COURT STAFF) (Filed on 7/5/2023)
July 5, 2023 Opinion or Order Filing 114 Order by Judge Jon S. Tigar granting #109 Administrative Motion to File Under Seal.(mll, COURT STAFF) (Filed on 7/5/2023)
June 30, 2023 Opinion or Order Set/Reset Deadlines as to #108 MOTION to Dismiss Portions of the First Amended Complaint in Consolidated Actions (REDACTED), #110 MOTION to Dismiss . Responses due by 7/27/2023. Replies due by 8/10/2023. (mll, COURT STAFF) (Filed on 6/30/2023)
June 29, 2023 Opinion or Order Filing 113 CERTIFICATE OF SERVICE by OPENAI GP, L.L.C., OPENAI STARTUP FUND GP I, L.L.C., OPENAI STARTUP FUND I, L.P., OPENAI STARTUP FUND MANAGEMENT, LLC, OPENAI, INC., OPENAI, L.P., OpenAI OpCo, L.L.C. re #109 Administrative Motion to File Under Seal (Gratz, Joseph) (Filed on 6/29/2023)
June 29, 2023 Opinion or Order Filing 112 CERTIFICATE OF SERVICE by GitHub, Inc., Microsoft Corporation re #107 Administrative Motion to Consider Whether Another Party's Material Should Be Sealed re Motion to Dismiss Portions of the First Amended Complaint in Consolidated Actions (Hurst, Annette) (Filed on 6/29/2023)
June 29, 2023 Opinion or Order Filing 111 Certificate of Interested Entities and Rule 7.1 Disclosures by OpenAI OpCo, L.L.C. identifying Corporate Parent OPENAI, INC., Corporate Parent OPENAI GP, L.L.C. for OpenAI OpCo, L.L.C.. (Gratz, Joseph) (Filed on 6/29/2023) Modified on 6/30/2023 (jlm, COURT STAFF).
June 29, 2023 Opinion or Order Filing 110 MOTION to Dismiss filed by OPENAI GP, L.L.C., OPENAI STARTUP FUND GP I, L.L.C., OPENAI STARTUP FUND I, L.P., OPENAI STARTUP FUND MANAGEMENT, LLC, OPENAI, INC., OPENAI, L.P., OpenAI OpCo, L.L.C.. Motion Hearing set for 9/14/2023 02:00 PM before Judge Jon S. Tigar. Responses due by 7/13/2023. Replies due by 7/20/2023. (Attachments: #1 Proposed Order)(Gratz, Joseph) (Filed on 6/29/2023)
June 29, 2023 Opinion or Order Filing 109 Administrative Motion to File Under Seal filed by OPENAI GP, L.L.C., OPENAI STARTUP FUND GP I, L.L.C., OPENAI STARTUP FUND I, L.P., OPENAI STARTUP FUND MANAGEMENT, LLC, OPENAI, INC., OPENAI, L.P., OpenAI OpCo, L.L.C.. (Attachments: #1 Declaration, #2 Proposed Order, #3 Unredacted Defendants' Motion to Dismiss First Amended Complaint)(Gratz, Joseph) (Filed on 6/29/2023)
June 29, 2023 Opinion or Order Filing 108 MOTION to Dismiss Portions of the First Amended Complaint in Consolidated Actions (REDACTED) filed by GitHub, Inc., Microsoft Corporation. Motion Hearing set for 9/14/2023 02:00 PM in Oakland, Courtroom 6, 2nd Floor before Judge Jon S. Tigar. Responses due by 7/27/2023. Replies due by 8/10/2023. (Attachments: #1 Proposed Order)(Hurst, Annette) (Filed on 6/29/2023)
June 29, 2023 Opinion or Order Filing 107 Administrative Motion to Consider Whether Another Party's Material Should Be Sealed filed by GitHub, Inc., Microsoft Corporation. (Attachments: #1 Proposed Order, #2 Motion to Dismiss (REDACTED), #3 Motion to Dismiss (SEALED))(Hurst, Annette) (Filed on 6/29/2023)
June 22, 2023 Opinion or Order Filing 106 ORDER FOR BRIEFING SCHEDULE by Judge Jon S. Tigar granting #105 Stipulation. Motions due by 6/29/2023. Responses due by 7/27/2023. Replies due by 8/10/2023. (mll, COURT STAFF) (Filed on 6/22/2023)
June 21, 2023 Opinion or Order Filing 105 STIPULATION WITH PROPOSED ORDER FOR BRIEFING SCHEDULE filed by GitHub, Inc., Microsoft Corporation, OpenAI, L.P., OpenAI GP, L.L.C., OpenAI OpCo, L.L.C., OpenAI Startup Fund GP I, L.L.C, OpenAI Startup Fund I, L.P., OpenAI Startup Fund Management L.L.C., Doe 1, Doe 2, Doe 3, Doe 4, and Doe 5. (Hurst, Annette) (Filed on 6/21/2023) Modified on 6/22/2023 (jml, COURT STAFF).
June 16, 2023 Opinion or Order Filing 104 SUMMONS Returned Executed by J. Doe 5, J. Doe 3, J. DOE 2, J. DOE 1, J. Doe 4. OpenAI OpCo, L.L.C. served on 6/13/2023, answer due 7/5/2023. (Saveri, Joseph) (Filed on 6/16/2023)
June 12, 2023 Opinion or Order Filing 103 CERTIFICATE OF SERVICE by J. DOE 1, J. DOE 2, J. Doe 3, J. Doe 4, J. Doe 5 re #102 Exhibits to an Administrative Motion to File Under Seal, (Saveri, Joseph) (Filed on 6/12/2023)
June 12, 2023 Opinion or Order Filing 102 EXHIBITS re #97 Administrative Motion to File Under Seal Portions of the First Amended Complaint CORRECTION OF DOCKET #97 filed byJ. DOE 1, J. DOE 2, J. Doe 3, J. Doe 4, J. Doe 5. (Attachments: #1 Exhibit Attachment A - FAC Redline)(Related document(s) #97 ) (Saveri, Joseph) (Filed on 6/12/2023)
June 9, 2023 Opinion or Order Filing 101 Summons Issued as to OpenAI OpCo, L.L.C.. (dhm, COURT STAFF) (Filed on 6/9/2023)
June 8, 2023 Opinion or Order Filing 100 CERTIFICATE OF SERVICE by J. DOE 1, J. DOE 2, J. Doe 3, J. Doe 4 re #97 Administrative Motion to File Under Seal Portions of the First Amended Complaint (Saveri, Joseph) (Filed on 6/8/2023)
June 8, 2023 Opinion or Order Filing 99 Proposed Summons. (Saveri, Joseph) (Filed on 6/8/2023)
June 8, 2023 Opinion or Order Filing 98 AMENDED COMPLAINT against GitHub, Inc., Microsoft Corporation, OPENAI GP, L.L.C., OPENAI STARTUP FUND GP I, L.L.C., OPENAI STARTUP FUND I, L.P., OPENAI STARTUP FUND MANAGEMENT, LLC, OPENAI, INC., OPENAI, L.P., OpenAI OpCo, L.L.C.. Filed byJ. Doe 3, J. DOE 2, J. DOE 1, J. Doe 4. (Attachments: #1 Appendix A, #2 Exhibit 1, #3 Exhibit Redline (Slipsheet only))(Saveri, Joseph) (Filed on 6/8/2023)
June 8, 2023 Opinion or Order Filing 97 Administrative Motion to File Under Seal Portions of the First Amended Complaint filed by J. DOE 1, J. DOE 2, J. Doe 3, J. Doe 4. (Attachments: #1 Affidavit of Travis Manfredi, #2 Proposed Order, #3 First Amended Complaint, #4 Redline of First Amended Complaint)(Saveri, Joseph) (Filed on 6/8/2023)
June 8, 2023 Opinion or Order Filing 96 NOTICE of Appearance by Louis Andrew Kessler for Plaintiffs (Kessler, Louis) (Filed on 6/8/2023)
May 11, 2023 Opinion or Order Filing 95 ORDER GRANTING IN PART AND DENYING IN PART MOTIONS TO DISMISS by Judge Jon S. Tigar granting in part and denying in part #50 Motion to Dismiss; granting in part and denying in part #53 Motion to Dismiss. Amended Pleadings due by 6/8/2023. (mll, COURT STAFF) (Filed on 5/11/2023)
May 11, 2023 Opinion or Order Filing 94 Order by Judge Jon S. Tigar denying #80 Administrative Motion to Consider Whether Another Party's Material Should Be Sealed.(mll, COURT STAFF) (Filed on 5/11/2023)
May 9, 2023 Opinion or Order Filing 93 TRANSCRIPT ORDER for proceedings held on 5/4/2023 before Judge Jon S. Tigar for Court Reporter Irene Rodriguez. (sp, COURT STAFF) (Filed on 5/9/2023)
May 8, 2023 Opinion or Order Filing 92 TRANSCRIPT ORDER for proceedings held on 5/4/2023 before Judge Jon S. Tigar by J. DOE 1, J. DOE 2, J. Doe 3, J. Doe 4, for Court Reporter Irene Rodriguez. (Saveri, Joseph) (Filed on 5/8/2023)
May 7, 2023 Opinion or Order Filing 91 Transcript of Proceedings held on 05/04/2023, before Judge Tigar. Court Reporter Irene Rodriguez, email address Irene_Rodriguez@cand.uscourts.gov. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. Release of Transcript Restriction set for 8/7/2023. (Rodriguez, Irene) (Filed on 5/7/2023)
May 5, 2023 Opinion or Order Filing 90 TRANSCRIPT ORDER for proceedings held on May 4, 2023 before Judge Jon S. Tigar by OPENAI GP, L.L.C., OPENAI STARTUP FUND GP I, L.L.C., OPENAI STARTUP FUND I, L.P., OPENAI STARTUP FUND MANAGEMENT, LLC, OPENAI, INC., OPENAI, L.P., for Court Reporter Irene Rodriguez. (Lee, Rose) (Filed on 5/5/2023)
May 5, 2023 Opinion or Order Filing 89 TRANSCRIPT ORDER for proceedings held on 5/4/2023 before Judge Jon S. Tigar by GitHub, Inc., for Court Reporter Irene Rodriguez. (Justice, Daniel) (Filed on 5/5/2023)
May 4, 2023 Opinion or Order Filing 88 Minute Entry for proceedings held before Judge Jon S. Tigar: Motion Hearing held via Zoom videoconference on 5/4/2023 re #71 MOTION MAINTAIN CONFIDENTIALITY DESIGNATIONS FOR PLAINTIFFS TRUE NAMES PURSUANT TO SECTION 6.3 OF THE STIPULATED PROTECTIVE ORDER (ECF NO. 63) filed by J. DOE 1, J. Doe 4, J. Doe 3, J. DOE 2, #53 MOTION to Dismiss Complaint; Memorandum of Points and Authorities filed by OPENAI, L.P., OPENAI STARTUP FUND MANAGEMENT, LLC, OPENAI STARTUP FUND I, L.P., OPENAI STARTUP FUND GP I, L.L.C., OPENAI GP, L.L.C., OPENAI, INC., #50 MOTION to Dismiss Operative Complaint in Consolidated Actions filed by Microsoft Corporation, GitHub, Inc. Argument heard from parties. Motions taken under submission. Written orders to issue. The Court continues the case management conference set for May 23, 2023 to July 11, 2023. Case Management Statement due by 7/5/2023. Initial Case Management Conference set for 7/11/2023 02:00 PM in Oakland, - Videoconference Only. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/jst Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. One list of names of all counsel appearing for all parties must be sent in one email to the CRD at jstcrd@cand.uscourts.gov no later than July 10, 2023 by 2:00 p.m.General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. Case Management Statement due by 7/5/2023. Initial Case Management Conference set for 7/11/2023 02:00 PM in Oakland, - Videoconference Only.Total Time in Court: 1 hour 17 minutes. Court Reporter: Irene Rodriguez. Plaintiff Attorney: Joseph Saveri, Christopher Young, Matthew Butterick. Defendant Attorney: Counsel for Defendants GitHub, Inc., and Microsoft Corp.: Annette Hurst ; Counsel for Defendants OpenAI GP, LLC, OpenAI Startup Fund GP I, LLC, OpenAI Startup Fund, LP, OpenAI Startup Fund Management, LLC, OpenAI, Inc., and OpenAI, LP: Joseph Gratz. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mll, COURT STAFF) (Date Filed: 5/4/2023)
May 4, 2023 Opinion or Order Filing 87 Order by Judge Jon S. Tigar granting #74 Administrative Motion to File Under Seal.(mll, COURT STAFF) (Filed on 5/4/2023)
May 2, 2023 Opinion or Order Filing 86 NOTICE of Appearance by Alexandra Marie Ward (Ward, Alexandra) (Filed on 5/2/2023)
May 2, 2023 Opinion or Order Filing 85 NOTICE of Appearance by Melody Ellen Wong (Wong, Melody) (Filed on 5/2/2023)
May 2, 2023 Opinion or Order Filing 84 NOTICE of Appearance by Allyson Roz Bennett (Bennett, Allyson) (Filed on 5/2/2023)
May 1, 2023 Opinion or Order Filing 83 Statement re #80 Administrative Motion to Consider Whether Another Party's Material Should Be Sealed by J. DOE 1, J. DOE 2, J. Doe 3, J. Doe 4. (Saveri, Joseph) (Filed on 5/1/2023)
April 28, 2023 Opinion or Order Filing 82 Statement re #74 Administrative Motion to File Under Seal by J. DOE 1, J. DOE 2, J. Doe 3, J. Doe 4. (Saveri, Joseph) (Filed on 4/28/2023)
April 24, 2023 Opinion or Order Filing 81 CERTIFICATE OF SERVICE by GitHub, Inc., Microsoft Corporation re #80 Administrative Motion to Consider Whether Another Party's Material Should Be Sealed (UNREDACTED) Exhibits 2 - 4 to Hurst Declaration (Hurst, Annette) (Filed on 4/24/2023)
April 24, 2023 Opinion or Order Filing 80 Administrative Motion to Consider Whether Another Party's Material Should Be Sealed filed by GitHub, Inc., Microsoft Corporation. (Attachments: #1 Proposed Order, #2 Declaration of Annette L. Hurst, #3 Exhibit 1, #4 Exhibit 2 to Hurst Declaration (UNREDACTED), #5 Exhibit 2 to Hurst Declaration (REDACTED), #6 Exhibit 3 to Hurst Declaration (UNREDACTED), #7 Exhibit 3 to Hurst Declaration (REDACTED), #8 Exhibit 4 to Hurst Declaration (UNREDACTED), #9 Exhibit 4 to Hurst Declaration (REDACTED))(Hurst, Annette) (Filed on 4/24/2023)
April 21, 2023 Opinion or Order Filing 79 ORDER RE: MOTION TO FILE UNDER SEAL #74 Administrative Motion to File Under Seal filed by Microsoft Corporation, GitHub, Inc. Declaration due by 4/28/2023. Signed by Judge Jon S. Tigar on April 21, 2023. (mll, COURT STAFF) (Filed on 4/21/2023) Modified on 4/21/2023 (mll, COURT STAFF).
April 21, 2023 Opinion or Order Filing 78 CLERKS NOTICE SETTING ZOOM HEARING. Motion Hearing set for 5/4/2023 02:00 PM in Oakland, - Videoconference Only before Judge Jon S. Tigar. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/jst Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. One list of names of all counsel appearing for all parties must be sent in one email to the CRD at JSTCRD@cand.uscourts.gov no later than May 3, 2023 by 2:00 p.m.General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/., Set/Reset Deadlines as to #53 MOTION to Dismiss Complaint; Memorandum of Points and Authorities, #50 MOTION to Dismiss Operative Complaint in Consolidated Actions, #71 MOTION MAINTAIN CONFIDENTIALITY DESIGNATIONS FOR PLAINTIFFS TRUE NAMES PURSUANT TO SECTION 6.3 OF THE STIPULATED PROTECTIVE ORDER (ECF NO. 63) . Motion Hearing set for 5/4/2023 02:00 PM in Oakland, - Videoconference Only before Judge Jon S. Tigar. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mll, COURT STAFF) (Filed on 4/21/2023)
April 20, 2023 Opinion or Order Filing 77 REPLY (re #71 MOTION MAINTAIN CONFIDENTIALITY DESIGNATIONS FOR PLAINTIFFS TRUE NAMES PURSUANT TO SECTION 6.3 OF THE STIPULATED PROTECTIVE ORDER (ECF NO. 63) ) filed byJ. DOE 1, J. DOE 2, J. Doe 3, J. Doe 4. (Attachments: #1 Declaration of Matthew Butterick, #2 Declaration of Joseph R. Saveri., #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5)(Saveri, Joseph) (Filed on 4/20/2023)
April 13, 2023 Opinion or Order Filing 76 CERTIFICATE OF SERVICE by GitHub, Inc., Microsoft Corporation re #74 Administrative Motion to File Under Seal Exhibit 1 to Hurst Declaration Under Seal. (Hurst, Annette) (Filed on 4/13/2023)
April 13, 2023 Opinion or Order Filing 75 OPPOSITION/RESPONSE (re #71 MOTION MAINTAIN CONFIDENTIALITY DESIGNATIONS FOR PLAINTIFFS TRUE NAMES PURSUANT TO SECTION 6.3 OF THE STIPULATED PROTECTIVE ORDER (ECF NO. 63) ) filed byGitHub, Inc., Microsoft Corporation. (Attachments: #1 Declaration of Annette L. Hurst, #2 Exhibit 1 to Hurst Declaration (Redacted), #3 Exhibit 2 to Hurst Declaration)(Hurst, Annette) (Filed on 4/13/2023) *** Locked per filer's request.** Modified on 4/24/2023 (ddk, COURT STAFF). Modified on 4/25/2023 (dhm, COURT STAFF).*** Per filer's request on 4/25/2023, Attachment 1 unsealed.***
April 13, 2023 Opinion or Order Filing 74 Administrative Motion to File Under Seal filed by GitHub, Inc., Microsoft Corporation. (Attachments: #1 Proposed Order, #2 Exhibit 1 (UNDERSEAL))(Hurst, Annette) (Filed on 4/13/2023)
April 6, 2023 Opinion or Order Filing 73 REPLY (re #53 MOTION to Dismiss Complaint; Memorandum of Points and Authorities ) filed byOPENAI GP, L.L.C., OPENAI STARTUP FUND GP I, L.L.C., OPENAI STARTUP FUND I, L.P., OPENAI STARTUP FUND MANAGEMENT, LLC, OPENAI, INC., OPENAI, L.P.. (Gratz, Joseph) (Filed on 4/6/2023)
April 6, 2023 Opinion or Order Filing 72 REPLY (re #50 MOTION to Dismiss Operative Complaint in Consolidated Actions ) In Support Of Their Motions To Dismiss filed byGitHub, Inc., Microsoft Corporation. (Attachments: #1 Declaration of Annette Hurst In Support of Defendants Github And Microsofts Motions To Dismiss Operative Complaint In Consolidated Actions, #2 Exhibit 1 to Hurst Declaration, #3 Exhibit 2 to Hurst Declaration, #4 Exhibit 3 to Hurst Declaration, #5 Exhibit 4 to Hurst Declaration, #6 Exhibit 5 to Hurst Declaration)(Hurst, Annette) (Filed on 4/6/2023)
March 30, 2023 Opinion or Order Filing 71 MOTION MAINTAIN CONFIDENTIALITY DESIGNATIONS FOR PLAINTIFFS TRUE NAMES PURSUANT TO SECTION 6.3 OF THE STIPULATED PROTECTIVE ORDER (ECF NO. 63) filed by J. DOE 1, J. DOE 2, J. Doe 3, J. Doe 4. Motion Hearing set for 5/4/2023 12:30 PM in Oakland, Courtroom 6, 2nd Floor before Judge Jon S. Tigar. Responses due by 4/13/2023. Replies due by 4/20/2023. (Attachments: #1 Declaration of Travis Manfredi, #2 Proposed Order)(Saveri, Joseph) (Filed on 3/30/2023) Modified on 4/3/2023 (dhm, COURT STAFF).
March 15, 2023 Opinion or Order Filing 70 Order by Judge Jon S. Tigar granting #65 Administrative Motion to File Under Seal.(mll, COURT STAFF) (Filed on 3/15/2023)
March 9, 2023 Opinion or Order Filing 69 CERTIFICATE OF SERVICE by J. DOE 1, J. DOE 2, J. Doe 3, J. Doe 4 re #65 Administrative Motion to File Under Seal Exhibits to Plaintiffs' Oppositions to Motions to Dismiss (Saveri, Joseph) (Filed on 3/9/2023)
March 9, 2023 Opinion or Order Filing 68 Omnibus Declaration of Joseph R. Saveri in Support of #67 Opposition/Response to Motion, #66 Opposition/Response to Motion filed by J. DOE 1, J. DOE 2, J. Doe 3, J. Doe 4. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Related document(s) #67 , #66 ) (Saveri, Joseph) (Filed on 3/9/2023) Modified text on 3/10/2023 (dhm, COURT STAFF).
March 9, 2023 Opinion or Order Filing 67 OPPOSITION/RESPONSE (re #53 MOTION to Dismiss Complaint; Memorandum of Points and Authorities ) filed byJ. DOE 1, J. DOE 2, J. Doe 3, J. Doe 4. (Saveri, Joseph) (Filed on 3/9/2023)
March 9, 2023 Opinion or Order Filing 66 OPPOSITION/RESPONSE (re #50 MOTION to Dismiss Operative Complaint in Consolidated Actions ) filed byJ. DOE 1, J. DOE 2, J. Doe 3, J. Doe 4. (Saveri, Joseph) (Filed on 3/9/2023)
March 9, 2023 Opinion or Order Filing 65 Administrative Motion to File Under Seal Exhibits to Plaintiffs' Oppositions to Motions to Dismiss filed by J. DOE 1, J. DOE 2, J. Doe 3, J. Doe 4. (Attachments: #1 Declaration of Travis Manfredi, #2 Proposed Order 1 - Unredacted Version Saveri Decl. Ex. 1, #3 Exhibit 2 - Unredacted Version Saveri Decl. Ex. 2, #4 Exhibit)(Manfredi, Travis) (Filed on 3/9/2023)
March 7, 2023 Opinion or Order Filing 64 ORDER REGARDING MOTION FOR PROTECTIVE ORDER DEADLINES by Judge Jon S. Tigar granting #56 Stipulation.(mll, COURT STAFF) (Filed on 3/7/2023)
March 7, 2023 Opinion or Order Filing 63 STIPULATED PROTECTIVE ORDER FOR LITIGATION INVOLVING PATENTS, HIGHLY SENSITIVE CONFIDENTIAL INFORMATION AND/OR TRADE SECRETS. Motions terminated: #49 MOTION for Protective Order filed by J. DOE 1, J. Doe 4, J. Doe 3, J. DOE 2. Signed by Judge Jon S. Tigar on March 7, 2023. (mll, COURT STAFF) (Filed on 3/7/2023)
March 6, 2023 Opinion or Order Filing 62 NOTICE of Appearance by Christopher Kar-Lun Young for Plaintiffs (Young, Christopher) (Filed on 3/6/2023)
March 3, 2023 Opinion or Order Filing 61 Declaration of Joseph R. Saveri ISO [Proposed] Stipulated Protective Order filed byJ. DOE 1, J. DOE 2, J. Doe 3, J. Doe 4. (Attachments: #1 Exhibit 1 - Redline of Proposed Stipulated Protective Order, #2 Exhibit 2 - Proposed Stipulated Protective Order)(Saveri, Joseph) (Filed on 3/3/2023)
March 1, 2023 Opinion or Order Filing 60 CLERK'S NOTICE CONTINUING CASE MANAGEMENT CONFERENCE. (This is a text-only entry generated by the court. There is no document associated with this entry.),. The case management conference set for 3/14/2023 is CONTINUED. Case Management Statement due by 5/16/2023. Initial Case Management Conference set for 5/23/2023 02:00 PM in Oakland, - Videoconference Only. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/jst Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. One list of names of all counsel appearing for all parties must be sent in one email to the CRD at JSTCRD@cand.uscourts.gov no later than May 22, 2023 by 2:00 P.M.General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. Case Management Statement due by 5/16/2023. Initial Case Management Conference set for 5/23/2023 02:00 PM in Oakland, - Videoconference Only. (mll, COURT STAFF) (Filed on 3/1/2023)
February 24, 2023 Opinion or Order Filing 59 NOTICE of Appearance by Daniel Denny Justice on Behalf of Defendants GitHub, Inc. and Microsoft Corporation (Justice, Daniel) (Filed on 2/24/2023)
February 23, 2023 Opinion or Order Filing 58 Order by Judge Jon S. Tigar denying #57 Stipulated Protective Order.(mll, COURT STAFF) (Filed on 2/23/2023)
February 21, 2023 Opinion or Order Filing 57 STIPULATION WITH PROPOSED ORDER re Protective Order for Litigation Involving Patents, Highly Sensitive Confidential Information and/or Trade Secrets filed by J. DOE 1, J. DOE 2, J. Doe 3, J. Doe 4. (Saveri, Joseph) (Filed on 2/21/2023)
February 21, 2023 Opinion or Order Filing 56 STIPULATION WITH PROPOSED ORDER re #49 MOTION for Protective Order Deadlines filed by J. DOE 1, J. DOE 2, J. Doe 3, J. Doe 4. (Saveri, Joseph) (Filed on 2/21/2023)
February 8, 2023 Opinion or Order Filing 55 ORDER re #54 GRANTING EXTENSION OF TIME. Signed by Judge Jon S. Tigar on 2/8/2023. Opposition due by 2/21/2023. Replies due by 2/28/2023. #49 Motion for Protective Order Hearing reset to 4/6/2023 at 02:00 PM in Oakland, - Videoconference Only before Judge Jon S. Tigar. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/jst Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at th e hearing. One list of names of all counsel appearing for all parties must be sent in one email to the CRD at JSTCRD@cand.uscourts.gov no later than April 5, 2023 by no later than 2:00 p.m.General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. (bxs, COURT STAFF) (Filed on 2/8/2023)
February 6, 2023 Opinion or Order Filing 54 STIPULATION WITH PROPOSED ORDER re #49 MOTION for Protective Order (for Extension of Time) filed by OPENAI GP, L.L.C., OPENAI STARTUP FUND GP I, L.L.C., OPENAI STARTUP FUND I, L.P., OPENAI STARTUP FUND MANAGEMENT, LLC, OPENAI, INC., OPENAI, L.P.. (Attachments: #1 Declaration of Joseph C. Gratz)(Gratz, Joseph) (Filed on 2/6/2023)
January 26, 2023 Opinion or Order Filing 53 MOTION to Dismiss Complaint; Memorandum of Points and Authorities filed by OPENAI GP, L.L.C., OPENAI STARTUP FUND GP I, L.L.C., OPENAI STARTUP FUND I, L.P., OPENAI STARTUP FUND MANAGEMENT, LLC, OPENAI, INC., OPENAI, L.P.. Motion Hearing set for 5/4/2023 02:00 PM in Oakland, Courtroom 6, 2nd Floor before Judge Jon S. Tigar. Responses due by 2/9/2023. Replies due by 2/16/2023. (Attachments: #1 Declaration of Michael A. Jacobs, #2 Proposed Order)(Jacobs, Michael) (Filed on 1/26/2023)
January 26, 2023 Opinion or Order Filing 52 Certificate of Interested Entities by Microsoft Corporation identifies no entity owns more than 10 percent of Microsoft's stock (Hurst, Annette) (Filed on 1/26/2023)
January 26, 2023 Opinion or Order Filing 51 Certificate of Interested Entities by GitHub, Inc. dentifies Microsoft Corporation as its parent company (Hurst, Annette) (Filed on 1/26/2023)
January 26, 2023 Opinion or Order Filing 50 MOTION to Dismiss Operative Complaint in Consolidated Actions filed by GitHub, Inc., Microsoft Corporation. Motion Hearing set for 5/4/2023 02:00 PM in Oakland, Courtroom 6, 2nd Floor before Judge Jon S. Tigar. Responses due by 3/9/2023. Replies due by 4/6/2023. (Attachments: #1 Proposed Order)(Hurst, Annette) (Filed on 1/26/2023)
January 23, 2023 Opinion or Order Filing 49 MOTION for Protective Order filed by J. DOE 1, J. DOE 2, J. Doe 3, J. Doe 4. Motion Hearing set for 3/16/2023 02:00 PM in Oakland, Courtroom 06, 2nd Floor before Judge Jon S. Tigar. Responses due by 2/6/2023. Replies due by 2/13/2023. (Attachments: #1 Declaration of Joseph R. Saveri, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Proposed Order)(Saveri, Joseph) (Filed on 1/23/2023) Modified on 1/30/2023 (dhm, COURT STAFF).
December 22, 2022 Opinion or Order Filing 48 Refund Status re #45 Application for Refund Declined. (kep, COURT STAFF) (Filed on 12/22/2022)
December 20, 2022 Opinion or Order Filing 47 ORDER REGARDING CONSOLIDATION AND SCHEDULING, Motions terminated: (46 in 4:22-cv-06823-JST) STIPULATION WITH PROPOSED ORDER re Consolidation and Scheduling filed by OPENAI, L.P., OPENAI STARTUP FUND MANAGEMENT, LLC, GitHub, Inc., OPENAI, INC., J. DOE 1, OPENAI STARTUP FUND I, L.P., OPENAI STARTUP FUND GP I, L.L.C., Microsoft Corporation, J. DOE 2, OPENAI GP, L.L.C., (41 in 4:22-cv-07074-JST) STIPULATION WITH PROPOSED ORDER re Consolidation and Scheduling filed by J. Doe 4, J. Doe 3. Signed by Judge Jon S. Tigar on December 20, 2022. (mll, COURT STAFF) (Filed on 12/20/2022)
December 15, 2022 Opinion or Order Filing 46 STIPULATION WITH PROPOSED ORDER re Consolidation and Scheduling filed by J. DOE 1, J. DOE 2, GitHub, Inc. and Microsoft Corporation, OpenAI, Inc.; OpenAI, L.P.; OpenAI GP, L.L.C.; OpenAI Startup Fund GP I, L.L.C.; OpenAI Startup Fund I, L.P.; and OpenAI Startup Fund Management, LLC. (Saveri, Joseph) (Filed on 12/15/2022) Modified on 12/16/2022 (cjl, COURT STAFF).
December 8, 2022 Opinion or Order Filing 45 Application for Refund re #1 Complaint,, Receipt Number ACANDC-17694670 re Duplicate Filing Fee Charge by J. DOE 1, J. DOE 2. (Saveri, Joseph) (Filed on 12/8/2022)
December 7, 2022 Opinion or Order Filing 44 ORDER RELATING CASE. Motions terminated: (15 in 4:22-cv-06823-JST) MOTION to Relate Case filed by J. DOE 1, J. DOE 2. Signed by Judge Jon S. Tigar on December 7, 2022. (mll, COURT STAFF) (Filed on 12/7/2022)
December 6, 2022 Opinion or Order Filing 43 Certificate of Interested Entities and Corporate Disclosure Statement by OPENAI STARTUP FUND MANAGEMENT, LLC. (Jacobs, Michael) (Filed on 12/6/2022) Modified on 12/7/2022 (cjl, COURT STAFF).
December 6, 2022 Opinion or Order Filing 42 Certificate of Interested Entities and Corporate Disclosure Statement by OPENAI STARTUP FUND I, L.P. identifying Corporate Parent OPENAI STARTUP FUND GP I, L.L.C., Other Affiliate Microsoft Corporation for OPENAI STARTUP FUND I, L.P. (Jacobs, Michael) (Filed on 12/6/2022) Modified on 12/7/2022 (cjl, COURT STAFF).
December 6, 2022 Opinion or Order Filing 41 Certificate of Interested Entities and Corporate Disclosure Statement by OPENAI STARTUP FUND GP I, L.L.C. (Jacobs, Michael) (Filed on 12/6/2022) Modified on 12/7/2022 (cjl, COURT STAFF).
December 6, 2022 Opinion or Order Filing 40 Certificate of Interested Entities and Corporate Disclosure Statement by OPENAI, L.P. identifying Corporate Parent OPENAI, INC., Corporate Parent OPENAI GP, L.L.C., Other Affiliate Microsoft Corporation for OPENAI, L.P. (Jacobs, Michael) (Filed on 12/6/2022) Modified on 12/7/2022 (cjl, COURT STAFF).
December 6, 2022 Opinion or Order Filing 39 Certificate of Interested Entities and Corporate Disclosure Statement by OPENAI, INC.> (Jacobs, Michael) (Filed on 12/6/2022) Modified on 12/7/2022 (cjl, COURT STAFF).
December 6, 2022 Opinion or Order Filing 38 Certificate of Interested Entities and Corporate Disclosure Statement by OPENAI GP, L.L.C. identifying Corporate Parent OPENAI, INC. for OPENAI GP, L.L.C. (Jacobs, Michael) (Filed on 12/6/2022) Modified on 12/7/2022 (cjl, COURT STAFF).
December 6, 2022 Opinion or Order Filing 37 NOTICE of Appearance by Rose S Lee for Defendants OpenAI, Inc., OpenAI L.P., OpenAI G.P., L.L.C., OpenAI Startup Fund GP I., OpenAI Startup Fund I, L.P., and OpenAI Startup Fund Management, LLC (Lee, Rose) (Filed on 12/6/2022)
December 6, 2022 Opinion or Order Filing 36 NOTICE of Appearance by Tiffany Cheung for Defendants OpenAI, Inc., OpenAI L.P., OpenAI G.P., L.L.C., OpenAI Startup Fund GP I., OpenAI Startup Fund I, L.P., and OpenAI Startup Fund Management, LLC (Cheung, Tiffany) (Filed on 12/6/2022)
December 6, 2022 Opinion or Order Filing 35 NOTICE of Appearance by Michael A. Jacobs for Defendants OpenAI, Inc., OpenAI L.P., OpenAI G.P., L.L.C., OpenAI Startup Fund GP I., OpenAI Startup Fund I, L.P., and OpenAI Startup Fund Management, LLC (Jacobs, Michael) (Filed on 12/6/2022)
December 6, 2022 Opinion or Order Filing 34 CLERK'S NOTICE SETTING CASE MANAGEMENT CONFERENCE. Case Management Statement due by 3/7/2023. Initial Case Management Conference set for 3/14/2023 02:00 PM in Oakland, - Videoconference Only. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/jst Court Appearances: Advanc ed notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. One list of names of all counsel appearing for all parties must be sent in one email to the CRD at JSTCRD@cand.uscourts.gov no later than March 13, 2023 by 2:00 p.m.General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zo om/. Case Management Statement due by 3/7/2023. Initial Case Management Conference set for 3/14/2023 02:00 PM in Oakland, - Videoconference Only. (mll, COURT STAFF) (Filed on 12/6/2022)
December 6, 2022 Opinion or Order Filing 33 ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Jon S. Tigar for all further proceedings. Magistrate Judge Kandis A. Westmore no longer assigned to case. Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. Signed by Clerk on 12/6/2022. (Attachments: #1 Notice of Eligibility for Video Recording)(jml, COURT STAFF) (Filed on 12/6/2022)
December 6, 2022 Opinion or Order Filing 32 NOTICE of Appearance by Joseph Charles Gratz (Gratz, Joseph) (Filed on 12/6/2022)
December 5, 2022 Opinion or Order Filing 31 NOTICE of Appearance by Steven Noel Williams (Williams, Steven) (Filed on 12/5/2022)
December 5, 2022 Opinion or Order Filing 30 CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (wft, COURT STAFF) (Filed on 12/5/2022)
December 2, 2022 Opinion or Order Filing 29 NOTICE of Appearance by Matthew Butterick (Butterick, Matthew) (Filed on 12/2/2022)
December 2, 2022 Opinion or Order Filing 28 NOTICE of Appearance by Travis Luke Manfredi (Manfredi, Travis) (Filed on 12/2/2022)
December 2, 2022 Opinion or Order Filing 27 NOTICE of Appearance by Elissa Amlin Buchanan (Buchanan, Elissa) (Filed on 12/2/2022)
December 2, 2022 Opinion or Order Filing 26 NOTICE of Appearance by Cadio R. Zirpoli (Zirpoli, Cadio) (Filed on 12/2/2022)
December 2, 2022 Opinion or Order Filing 25 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by GitHub, Inc., Microsoft Corporation.. (Hurst, Annette) (Filed on 12/2/2022)
November 29, 2022 Opinion or Order Filing 24 Certificate of Interested Entities by J. DOE 1, J. DOE 2 (Saveri, Joseph) (Filed on 11/29/2022)
November 29, 2022 Opinion or Order Filing 23 Corrected #20 NOTICE of Appearance by Alyssa M. Caridis for Defendants Microsoft Corporation and GitHub, Inc. (Caridis, Alyssa) (Filed on 11/29/2022) Modified on 11/30/2022 (cjl, COURT STAFF).
November 29, 2022 Opinion or Order Filing 22 Corrected #19 NOTICE of Appearance by William Wayne Oxley for Defendants Microsoft Corporation and GitHub, Inc. (Oxley, William) (Filed on 11/29/2022) Modified on 11/30/2022 (cjl, COURT STAFF).
November 29, 2022 Opinion or Order Filing 21 CLERK'S NOTICE Re: Consent or Declination: Defendants GitHub Inc. and Microsoft Corporation shall file a consent or declination to proceed before a magistrate judge. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: #http://cand.uscourts.gov/civilforms. Consent/Declination due by 12/6/2022. (wft, COURT STAFF) (Filed on 11 /29/2022)
November 28, 2022 Opinion or Order Filing 20 ***POSTED IN ERROR. PLEASE SEE DOCUMENT #23*** NOTICE of Appearance by Alyssa M. Caridis for Defendants, Microsoft Corporation and GitHub, Inc. (Caridis, Alyssa) (Filed on 11/28/2022) Modified on 11/29/2022 (dhm, COURT STAFF).
November 28, 2022 Opinion or Order Filing 19 ***POSTED IN ERROR. PLEASE SEE DOCUMENT #22*** NOTICE of Appearance by William Wayne Oxley for Defendants, Microsoft Corporation and GitHub, Inc. (Oxley, William) (Filed on 11/28/2022) Modified on 11/29/2022 (dhm, COURT STAFF).
November 28, 2022 Opinion or Order Filing 18 NOTICE of Appearance by Annette L. Hurst for Defendants, Microsoft Corporation and GitHub, Inc. (Hurst, Annette) (Filed on 11/28/2022)
November 28, 2022 Opinion or Order Filing 17 STIPULATION EXTENDING TIME TO RESPOND TO COMPLAINT PURSUANT TO LOCAL RULE 6-1 filed by J. DOE 1, J. DOE 2, GitHub, Inc., Microsoft Corporation, Openai GP, L.L.C., Openai Startup Fund GP I, L..L.C., Openai Startup Fund I, L.P., Openai Startup Fund Management, LLC, Openai, Inc., Openai, L.P. (Saveri, Joseph) (Filed on 11/28/2022) Modified on 11/28/2022 (cjl, COURT STAFF).
November 15, 2022 Opinion or Order Filing 16 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by J. DOE 1, J. DOE 2.. (Saveri, Joseph) (Filed on 11/15/2022)
November 15, 2022 Opinion or Order Filing 15 MOTION to Relate Case filed by J. DOE 1, J. DOE 2. (Attachments: #1 Declaration of Joseph R. Saveri in Support, #2 Exhibit A to Saveri Declaration - Doe 3 Complaint, #3 Proposed Order)(Saveri, Joseph) (Filed on 11/15/2022)
November 14, 2022 Opinion or Order Filing 14 SUMMONS Returned Executed by J. DOE 2, J. DOE 1. OPENAI STARTUP FUND MANAGEMENT, LLC served on 11/7/2022, answer due 11/28/2022. (Saveri, Joseph) (Filed on 11/14/2022)
November 14, 2022 Opinion or Order Filing 13 SUMMONS Returned Executed by J. DOE 2, J. DOE 1. OPENAI, L.P. served on 11/7/2022, answer due 11/28/2022. (Saveri, Joseph) (Filed on 11/14/2022)
November 14, 2022 Opinion or Order Filing 12 SUMMONS Returned Executed by J. DOE 2, J. DOE 1. OPENAI, INC. served on 11/7/2022, answer due 11/28/2022. (Saveri, Joseph) (Filed on 11/14/2022)
November 14, 2022 Opinion or Order Filing 11 SUMMONS Returned Executed by J. DOE 2, J. DOE 1. OPENAI GP, L.L.C. served on 11/7/2022, answer due 11/28/2022. (Saveri, Joseph) (Filed on 11/14/2022)
November 14, 2022 Opinion or Order Filing 10 SUMMONS Returned Executed by J. DOE 2, J. DOE 1. OPENAI STARTUP FUND I, L.P. served on 11/7/2022, answer due 11/28/2022. (Saveri, Joseph) (Filed on 11/14/2022)
November 14, 2022 Opinion or Order Filing 9 SUMMONS Returned Executed by J. DOE 2, J. DOE 1. OPENAI STARTUP FUND GP I, L.L.C. served on 11/7/2022, answer due 11/28/2022. (Saveri, Joseph) (Filed on 11/14/2022)
November 14, 2022 Opinion or Order Filing 8 SUMMONS Returned Executed by J. DOE 2, J. DOE 1. Microsoft Corporation served on 11/7/2022, answer due 11/28/2022. (Saveri, Joseph) (Filed on 11/14/2022)
November 14, 2022 Opinion or Order Filing 7 SUMMONS Returned Executed by J. DOE 2, J. DOE 1. GitHub, Inc. served on 11/7/2022, answer due 11/28/2022. (Saveri, Joseph) (Filed on 11/14/2022)
November 4, 2022 Opinion or Order Filing 6 Summons Issued as to GitHub, Inc., Microsoft Corporation, OPENAI GP, L.L.C., OPENAI STARTUP FUND GP I, L.L.C., OPENAI STARTUP FUND I, L.P., OPENAI STARTUP FUND MANAGEMENT, LLC, OPENAI, INC., OPENAI, L.P. (cjl, COURT STAFF) (Filed on 11/4/2022)
November 4, 2022 Opinion or Order Filing 5 Proposed Summons. (Saveri, Joseph) (Filed on 11/4/2022)
November 4, 2022 Opinion or Order Filing 4 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 1/31/2023. Initial Case Management Conference set for 2/7/2023 01:30 PM in Oakland, - To be determined. (cjl, COURT STAFF) (Filed on 11/4/2022)
November 4, 2022 Opinion or Order #Electronic filing error. Error on PDF attached. [err201] First page overflows onto second page. This filing will not be processed by the clerks office. Please re-file in its en tirety Re: #2 Proposed Summons filed by J. DOE 1, J. DOE 2. (cjl, COURT STAFF) (Filed on 11/4/2022)
November 3, 2022 Opinion or Order Filing 3 Case assigned to Magistrate Judge Kandis A. Westmore. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 11/17/2022. (bw, COURT STAFF) (Filed on 11/3/2022)
November 3, 2022 Opinion or Order Filing 2 Proposed Summons. (Saveri, Joseph) (Filed on 11/3/2022)
November 3, 2022 Opinion or Order Filing 1 CLASS ACTION COMPLAINT (with jury demand) (no process) against All Defendants (Filing fee $402, receipt number BCANDC-17694670). Filed by J. DOE 2, J. DOE 1. (Attachments: #1 Appendix A - Full Text of Licenses, #2 Exhibit 1 - Terms of Service, Privacy Statement, #3 Civil Cover Sheet)(Saveri, Joseph) (Filed on 11/3/2022) Modified on 11/4/2022 (cjl, COURT STAFF).

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Search for this case: DOE 1 et al v. GitHub, Inc. et al
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Plaintiff: J. DOE 1
Represented By: Joseph R. Saveri
Represented By: Cadio R. Zirpoli
Represented By: Steven Noel Williams
Represented By: Elissa Amlin Buchanan
Represented By: Matthew Butterick
Represented By: Travis Luke Manfredi
Represented By: Christopher Kar-Lun Young
Represented By: Louis Andrew Kessler
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Plaintiff: J. DOE 2
Represented By: Joseph R. Saveri
Represented By: Cadio R. Zirpoli
Represented By: Elissa Amlin Buchanan
Represented By: Travis Luke Manfredi
Represented By: Matthew Butterick
Represented By: Steven Noel Williams
Represented By: Christopher Kar-Lun Young
Represented By: Louis Andrew Kessler
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Plaintiff: J. Doe 5
Represented By: Cadio R. Zirpoli
Represented By: Christopher Kar-Lun Young
Represented By: Elissa Amlin Buchanan
Represented By: Louis Andrew Kessler
Represented By: Matthew Butterick
Represented By: Steven Noel Williams
Represented By: Travis Luke Manfredi
Represented By: Joseph R. Saveri
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Defendant: GitHub, Inc.
Represented By: Annette L. Hurst
Represented By: Alyssa M. Caridis
Represented By: William Wayne Oxley
Represented By: Daniel Denny Justice
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Defendant: Microsoft Corporation
Represented By: Alyssa M. Caridis
Represented By: Annette L. Hurst
Represented By: William Wayne Oxley
Represented By: Daniel Denny Justice
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Defendant: OPENAI, INC.
Represented By: Michael A. Jacobs
Represented By: Tiffany Cheung
Represented By: Joseph Charles Gratz
Represented By: Rose S Lee
Represented By: Allyson Roz Bennett
Represented By: Melody Ellen Wong
Represented By: Alexandra Marie Ward
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Defendant: OPENAI, L.P.
Represented By: Michael A. Jacobs
Represented By: Tiffany Cheung
Represented By: Joseph Charles Gratz
Represented By: Rose S Lee
Represented By: Allyson Roz Bennett
Represented By: Melody Ellen Wong
Represented By: Alexandra Marie Ward
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Defendant: OPENAI GP, L.L.C.
Represented By: Tiffany Cheung
Represented By: Rose S Lee
Represented By: Michael A. Jacobs
Represented By: Joseph Charles Gratz
Represented By: Allyson Roz Bennett
Represented By: Alexandra Marie Ward
Represented By: Melody Ellen Wong
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Defendant: OPENAI STARTUP FUND GP I, L.L.C.
Represented By: Michael A. Jacobs
Represented By: Tiffany Cheung
Represented By: Joseph Charles Gratz
Represented By: Rose S Lee
Represented By: Alexandra Marie Ward
Represented By: Melody Ellen Wong
Represented By: Allyson Roz Bennett
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Defendant: OPENAI STARTUP FUND I, L.P.
Represented By: Michael A. Jacobs
Represented By: Tiffany Cheung
Represented By: Joseph Charles Gratz
Represented By: Rose S Lee
Represented By: Alexandra Marie Ward
Represented By: Allyson Roz Bennett
Represented By: Melody Ellen Wong
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Defendant: OPENAI STARTUP FUND MANAGEMENT, LLC
Represented By: Michael A. Jacobs
Represented By: Tiffany Cheung
Represented By: Joseph Charles Gratz
Represented By: Rose S Lee
Represented By: Alexandra Marie Ward
Represented By: Allyson Roz Bennett
Represented By: Melody Ellen Wong
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Defendant: OpenAI OpCo, L.L.C.
Represented By: Joseph Charles Gratz
Represented By: Rose S Lee
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Consolidated plaintiff: J. Doe 3
Represented By: Cadio R. Zirpoli
Represented By: Matthew Butterick
Represented By: Elissa Amlin Buchanan
Represented By: Steven Noel Williams
Represented By: Travis Luke Manfredi
Represented By: Joseph R. Saveri
Represented By: Christopher Kar-Lun Young
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Consolidated plaintiff: J. Doe 4
Represented By: Cadio R. Zirpoli
Represented By: Elissa Amlin Buchanan
Represented By: Matthew Butterick
Represented By: Steven Noel Williams
Represented By: Joseph R. Saveri
Represented By: Travis Luke Manfredi
Represented By: Christopher Kar-Lun Young
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