Smythe v. OpenAI, Inc., et al.
| JAMES F. SMYTHE, a Delaware limited partnership |
| OPENAI, INC., a Delaware Corporation, SAM ALTMAN, in his individual capacity and in his representative capacity as Chief Executive Officer of Open AI, INC, and Open AI, L.P., DANIEL MCCUSKER, in his individual capacity and in his official capacity as a former FOIA agent and or representative of the United States Department of Education, JASON S. BOOKSTABER, PAUL M. NAKASONE, in his individual capacity, in his official capacity as former Director of the National Security Agency and Chief of the Central Security Service and in his representative capacity as a member of the board of directors of OpenAI, In and OPENAI, LP |
| 25-7980 |
| December 19, 2025 |
| U.S. Court of Appeals, Ninth Circuit |
| Other Civil Rights |
Docket Report
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| Document Text |
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| Filing 24 RESPONSE to Motion for Attorneys Fees (DE 23) filed by Appellee OpenAI, Inc., Appellee Sam Altman, Appellee Paul M. Nakasone. [Entered: 04/09/2026 02:55 PM] |
| Filing 23 MOTION for Attorneys Fees filed by Appellant James F. Smythe. [Entered: 03/30/2026 04:37 PM] |
| Filing 22 CLERK ACTION: Reply Brief submitted at DE 21 by Appellant James F. Smythe is filed. No paper copies are required. [Entered: 03/25/2026 01:42 PM] |
| Filing 21 REPLY BRIEF submitted for filing by Appellant James F. Smythe. [Entered: 03/25/2026 12:46 PM] |
| Filing 20 CLERK ACTION: Answering Brief and Excerpts of Record submitted at DE 13, DE 14 by Appellees are filed. No paper copies are required. [Entered: 03/23/2026 04:30 PM] |
| Filing 19 DEFECTIVE --- EXCERPTS OF RECORD submitted for filing by Appellee OpenAI, Inc., Appellee Sam Altman, Appellee Paul M. Nakasone, Appellee OpenAI, LP.--[Duplicate entry, correct entry is DE 14] [Entered: 03/23/2026 03:26 PM] [Edited: 03/23/2026 04:29 PM] |
| Filing 18 DEFECTIVE --- EXCERPTS OF RECORD submitted for filing by Appellee OpenAI, Inc., Appellee Sam Altman, Appellee Paul M. Nakasone, Appellee OpenAI, LP.--[Duplicate entry, correct entry is DE 14] [Entered: 03/23/2026 03:24 PM] [Edited: 03/23/2026 04:28 PM] |
| Filing 17 DEFECTIVE --- EXCERPTS OF RECORD submitted for filing by Appellee OpenAI, Inc., Appellee Sam Altman, Appellee Paul M. Nakasone, Appellee OpenAI, LP.--[Duplicate entry, correct entry is DE 14] [Entered: 03/23/2026 03:21 PM] [Edited: 03/23/2026 04:28 PM] |
| Filing 16 DEFECTIVE --- EXCERPTS OF RECORD submitted for filing by Appellee OpenAI, Inc., Appellee Sam Altman, Appellee Paul M. Nakasone, Appellee OpenAI, LP.--[Duplicate entry, correct entry is DE 14] [Entered: 03/23/2026 03:17 PM] [Edited: 03/23/2026 04:27 PM] |
| Filing 15 DEFECTIVE --- EXCERPTS OF RECORD submitted for filing by Appellee OpenAI, Inc., Appellee Sam Altman, Appellee Paul M. Nakasone, Appellee OpenAI, LP.--[Duplicate entry, correct entry is DE 14] [Entered: 03/23/2026 03:15 PM] [Edited: 03/23/2026 04:27 PM] |
| Filing 14 EXCERPTS OF RECORD submitted for filing by Appellee OpenAI, Inc., Appellee Sam Altman, Appellee Paul M. Nakasone, Appellee OpenAI, LP.--[COURT UPDATE: Attached Vols 1-5] [Entered: 03/23/2026 03:14 PM] [Edited: 03/23/2026 04:26 PM] |
| Filing 13 ANSWERING BRIEF submitted for filing by Appellee OpenAI, Inc., Appellee Sam Altman, Appellee Daniel McCusker, Appellee Jason S. Bookstaber, Appellee Paul M. Nakasone, Appellee OpenAI, LP. [Entered: 03/23/2026 02:37 PM] |
| Filing 12 CLERK ACTION: Supplemental Brief submitted at DE 9 by Appellant James F. Smythe is filed. No paper copies are required. [Entered: 02/20/2026 04:39 PM] |
Filing 11
ORDER FILED. The motion (Docket Entry No. 8) file a supplement brief is granted. The clerk will file the supplemental brief at Docket Entry No. 9. The answering brief is now due March 23, 2026. The optional reply brief is due 21 days after the answering brief is served. [Entered: 02/20/2026 04:12 PM]
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| Filing 10 DISCLOSURE STATEMENT pursuant to FRAP 26.1 and CR 26.1-1 filed by Appellee OpenAI, Inc.. [Entered: 02/20/2026 10:47 AM] |
| Filing 9 SUPPLEMENTAL BRIEF submitted for filing by Appellant James F. Smythe.--[COURT ENTERED FILING to correct DE 8] [Entered: 02/05/2026 04:40 PM] |
| Filing 8 MOTION to File Supplemental Brief filed by Appellant James F. Smythe.--[COURT UPDATE: Removed brief and appendix (resubmitted at DE 9)] [Entered: 02/05/2026 03:09 PM] [Edited: 02/05/2026 04:41 PM] |
| Filing 7 CLERK ACTION: Opening Brief submitted at DE 3 and Excerpts of Record at DE 4 by Appellant James F. Smythe are filed. No paper copies are required. [Entered: 01/08/2026 12:18 PM] |
| Filing 6 DISCLOSURE STATEMENT pursuant to FRAP 26.1 and CR 26.1-1 filed by Appellant James F. Smythe. [Entered: 01/08/2026 10:18 AM] |
| Filing 5 DISCLOSURE STATEMENT pursuant to FRAP 26.1 and CR 26.1-1 filed by Appellant James F. Smythe. [Entered: 01/08/2026 10:13 AM] |
| Filing 4 EXCERPTS OF RECORD submitted for filing by Appellant James F. Smythe. [Entered: 01/08/2026 09:20 AM] |
| Filing 3 OPENING BRIEF submitted for filing by Appellant James F. Smythe. [Entered: 01/07/2026 12:06 PM] |
| Filing 2 SCHEDULE NOTICE. Appeal Opening Brief (No Transcript Due) (Appellant) 1/28/2026, Appeal Answering Brief (No Transcript Due) (Appellee) 2/27/2026. For appeal no. 25-7980, 3:25-cv-08296-TLT. All briefs shall be served and filed pursuant to FRAP 31 and 9th Cir. R. 31-2.1. Failure of the petitioner(s)/appellant(s) to comply with this briefing schedule will result in automatic dismissal of the appeal. See 9th Cir. R. 42-1. [Entered: 12/19/2025 04:12 PM] |
| Filing 1 CASE OPENED. A copy of your notice of appeal / petition filed in 3:25-cv-08296-TLT has been received in the Clerk's office of the United States Court of Appeals for the Ninth Circuit. The U.S. Court of Appeals docket number 25-7980 has been assigned to this case. All communications with the court must indicate this Court of Appeals docket number. Please carefully review the docket to ensure the name(s) and contact information are correct. It is your responsibility to alert the court if your contact information changes. Resources Available For more information about case processing and to assist you in preparing your brief, please review the Case Opening Information (for #attorneys and #pro se litigants) and review the #Appellate Practice Guide. Attorneys should consider contacting the court's #Appellate Mentoring Program for help with the brief and argument. [Entered: 12/19/2025 04:09 PM] |
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| Plaintiff: JAMES F. SMYTHE, a Delaware limited partnership | |
| Represented By: | James F. Smythe |
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| Defendant: OPENAI, INC., a Delaware Corporation | |
| Represented By: | Mr. Benjamin D. Margo |
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| Defendant: SAM ALTMAN, in his individual capacity and in his representative capacity as Chief Executive Officer of Open AI, INC, and Open AI, L.P. | |
| Represented By: | Mr. Benjamin D. Margo |
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| Defendant: DANIEL MCCUSKER, in his individual capacity and in his official capacity as a former FOIA agent and or representative of the United States Department of Education | |
| Represented By: | Mr. Benjamin D. Margo |
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| Defendant: JASON S. BOOKSTABER | |
| Represented By: | Mr. Benjamin D. Margo |
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| Defendant: PAUL M. NAKASONE, in his individual capacity, in his official capacity as former Director of the National Security Agency and Chief of the Central Security Service and in his representative capacity as a member of the board of directors of OpenAI, In | |
| Represented By: | Mr. Benjamin D. Margo |
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| Defendant: OPENAI, LP | |
| Represented By: | Mr. Benjamin D. Margo |
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