Walters v. OpenAI, L.L.C.
Plaintiff: Mark Walters
Defendant: OpenAI, L.L.C.
Case Number: 1:2023cv03122
Filed: July 14, 2023
Court: US District Court for the Northern District of Georgia
Presiding Judge: Michael L Brown
Nature of Suit: Assault Libel & Slander
Cause of Action: 28 U.S.C. ยง 1446 Notice of Removal - Libel, Assault, Slander
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on September 8, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 8, 2023 Filing 30 AMENDED COMPLAINT against OpenAI, L.L.C.with Jury Demand filed by Mark Walters.(Monroe, John) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form.
September 8, 2023 Filing 29 RESPONSE in Opposition re #12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Mark Walters. (Monroe, John)
September 7, 2023 Opinion or Order Filing 28 SCHEDULING ORDER APPROVING #27 Joint Preliminary Report and Discovery Plan. The time limits for adding parties, amending the pleadings, filing motions, completing discovery, and discussing settlement are as set out in the Federal Rules of Civil Procedure and the Local Rules of this Court. The four-month discovery period will begin to run upon resolution of the pending motion to dismiss #12 and any subsequent answer filed by Defendant. Signed by Judge Michael L. Brown on 9/7/2023. (kng)
September 4, 2023 Filing 27 JOINT PRELIMINARY REPORT AND DISCOVERY PLAN filed by OpenAI, L.L.C.. (Krasinski, Brendan)
August 25, 2023 Opinion or Order Filing 26 ORDER GRANTING #25 Consent MOTION for Extension of Time Submit Joint Preliminary Report and Discovery Plan. The Parties hereby have up to and including 9/4/2023. Signed by Judge Michael L. Brown on 8/25/2023. (kng)
August 24, 2023 Filing 25 Consent MOTION for Extension of Time Submit Joint Preliminary Report and Discovery Plan by OpenAI, L.L.C.. (Attachments: #1 Text of Proposed Order Proposed Order on Consent Motion)(Krasinski, Brendan)
August 21, 2023 Filing 24 CERTIFICATE OF SERVICE of Initial Disclosures by OpenAI, L.L.C..(Krasinski, Brendan)
August 21, 2023 Filing 23 RESPONSE TO ORDER TO SHOW CAUSE re: Order,,,, Set Submission Deadline,,,. (Monroe, John)
August 21, 2023 Filing 22 RESPONSE TO ORDER TO SHOW CAUSE re: Order,,,, Set Submission Deadline,,, filed by OpenAI, L.L.C.. (Attachments: #1 Exhibit A)(Krasinski, Brendan)
August 8, 2023 Opinion or Order Filing 21 ORDER GRANTING #20 Joint MOTION for Extension of Time to Submit the Joint Preliminary Report and Discovery Plan. The Parties have up to and including 8/28/2023. Signed by Judge Michael L. Brown on 8/8/2023. (kng)
August 7, 2023 Filing 20 Joint MOTION for Extension of Time to Submit the Joint Preliminary Report and Discovery Plan by OpenAI, L.L.C.. (Attachments: #1 Text of Proposed Order)(Krasinski, Brendan)
August 7, 2023 Opinion or Order ORDER (by docket entry only): Defendant's Notice of Removal (Dkt. 1) does not show the Court has diversity jurisdiction over this case. It establishes neither the requisite amount in controversy nor diversity of citizenship (even considering Defendant's Notice of Member Citizenship (Dkt.11), which simply identifies Defendant's member LLC and then vaguely claims "[n]one of [that] LLC's members or constituent entities are citizens of Georgia."). The Court ORDERS Defendant to show cause, no later than August 21, 2023, why this case should not be remanded for lack of subject matter jurisdiction. The Court ORDERS Plaintiff to file a response brief no later than September 5, 2023. If Defendant does not establish subject matter jurisdiction or otherwise comply with this Order, the Court will remand this case to state court. Ordered by Judge Michael L. Brown on 8/7/2023. (jpk)
July 26, 2023 Opinion or Order Filing 19 ORDER GRANTING #18 Unopposed MOTION for Extension of Time to file response to Defendant's Motion to Dismiss re #12 . Plaintiff shall have through and including 9/8/2023 in which to file a response to Defendant's Motion to Dismiss. Signed by Judge Michael L. Brown on 07/26/2023. (kng)
July 26, 2023 Filing 18 Unopposed MOTION for Extension of Time to file response to Defendant's Motion to Dismiss re: #12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by Mark Walters. (Attachments: #1 Brief, #2 Text of Proposed Order)(Monroe, John)
July 24, 2023 Opinion or Order Filing 17 ORDER GRANTING #10 Application for Admission Pro Hac Vice of Daniel Lee Tobey. Signed by Judge Michael L. Brown on 07/24/2023. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(kng)
July 24, 2023 Opinion or Order Filing 16 ORDER GRANTING #9 Application for Admission Pro Hac Vice of Ashley Allen Carr. Signed by Judge Michael L. Brown on 07/24/2023. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(kng)
July 24, 2023 Opinion or Order Filing 15 ORDER GRANTING #8 Application for Admission Pro Hac Vice of Peter Karanjia. Signed by Judge Michael L. Brown on 07/24/2023. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(kng)
July 24, 2023 Opinion or Order Filing 14 ORDER GRANTING #7 Application for Admission Pro Hac Vice of Marie Bussey-Garza. Signed by Judge Michael L. Brown on 07/24/2023. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(kng)
July 24, 2023 Opinion or Order Filing 13 ORDER GRANTING #6 Application for Admission Pro Hac Vice of Ilana H. Eisenstein. Signed by Judge Michael L. Brown on 07/24/2023. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(kng)
July 24, 2023 Clerk's Certificate of Mailing re #13 Order on Application for Admission PHV to Ilana H. Eisenstein, #14 Order on Application for Admission PHV to Marie Bussey-Garza, #15 Order on Application for Admission PHV to Peter Karanjia, #16 Order on Application for Admission PHV to Ashley Allen Carr, #17 Order on Application for Admission PHV to Daniel Lee Tobey. (kng)
July 21, 2023 Filing 12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by OpenAI, L.L.C.. (Attachments: #1 Brief Memorandum of Law In Support of Motion to Dismiss, #2 Exhibit Exhibit 1 - Memo of Law, #3 Exhibit Exhibit 2 - Memo of Law, #4 Exhibit Exhibit 3 - Memo of Law, #5 Exhibit Exhibit 4 - Memo of Law, #6 Exhibit Exhibit 5 - Memo of Law, #7 Exhibit Exhibit 6 - Memo of Law, #8 Exhibit Exhibit 7 - Memo of Law, #9 Exhibit Exhibit 8 - Memo of Law, #10 Exhibit Exhibit 9 - Memo of Law, #11 Exhibit Exhibit 10 - Memo of Law, #12 Text of Proposed Order Proposed Order Granting MTD)(Krasinski, Brendan)
July 21, 2023 Filing 11 NOTICE by OpenAI, L.L.C. re #1 Notice of Removal, of Member Citizenship (Krasinski, Brendan)
July 21, 2023 APPROVAL by Clerks Office re: #7 APPLICATION for Admission of Marie Bussey-Garza Pro Hac Vice (Application fee $ 150, receipt number AGANDC-12758107). Attorney Marie Bussey-Garza added appearing on behalf of OpenAI, L.L.C. E-filing access may be requested after an order granting the application is entered. (rvb)
July 21, 2023 APPROVAL by Clerks Office re: #8 APPLICATION for Admission of Peter Karanjia Pro Hac Vice (Application fee $ 150, receipt number AGANDC-12758122). Attorney Peter Karanjia added appearing on behalf of OpenAI, L.L.C. E-filing access may be requested after an order granting the application is entered. (rvb)
July 21, 2023 APPROVAL by Clerks Office re: #6 APPLICATION for Admission of Ilana H. Eisenstein Pro Hac Vice (Application fee $ 150, receipt number AGANDC-12758076). Attorney Ilana H. Eisenstein added appearing on behalf of OpenAI, L.L.C.. E-filing access may be requested after an order granting the application is entered. (rvb)
July 21, 2023 APPROVAL by Clerks Office re: #9 APPLICATION for Admission of Ashley Allen Carr Pro Hac Vice (Application fee $ 150, receipt number AGANDC-12758129). Attorney Ashley Allen Carr added appearing on behalf of OpenAI, L.L.C. E-filing access may be requested after an order granting the application is entered. (rvb)
July 21, 2023 APPROVAL by Clerks Office re: #10 APPLICATION for Admission of Daniel Lee Tobey Pro Hac Vice (Application fee $ 150, receipt number AGANDC-12758215). Attorney Daniel Tobey added appearing on behalf of OpenAI, L.L.C. E-filing access may be requested after an order granting the application is entered. (rvb)
July 20, 2023 Filing 10 APPLICATION for Admission of Daniel Lee Tobey Pro Hac Vice (Application fee $ 150, receipt number AGANDC-12758215).by OpenAI, L.L.C.. (Krasinski, Brendan) Documents for this entry are not available for viewing outside the courthouse.
July 20, 2023 Filing 9 APPLICATION for Admission of Ashley Allen Carr Pro Hac Vice (Application fee $ 150, receipt number AGANDC-12758129).by OpenAI, L.L.C.. (Krasinski, Brendan) Documents for this entry are not available for viewing outside the courthouse.
July 20, 2023 Filing 8 APPLICATION for Admission of Peter Karanjia Pro Hac Vice (Application fee $ 150, receipt number AGANDC-12758122).by OpenAI, L.L.C.. (Krasinski, Brendan) Documents for this entry are not available for viewing outside the courthouse.
July 20, 2023 Filing 7 APPLICATION for Admission of Marie Bussey-Garza Pro Hac Vice (Application fee $ 150, receipt number AGANDC-12758107).by OpenAI, L.L.C.. (Krasinski, Brendan) Documents for this entry are not available for viewing outside the courthouse.
July 20, 2023 Filing 6 APPLICATION for Admission of Ilana H. Eisenstein Pro Hac Vice (Application fee $ 150, receipt number AGANDC-12758076).by OpenAI, L.L.C.. (Krasinski, Brendan) Documents for this entry are not available for viewing outside the courthouse.
July 17, 2023 Filing 5 Certificate of Interested Persons and Corporate Disclosure Statement by Mark Walters. (Monroe, John)
July 17, 2023 Filing 4 Request for Leave of Absence for the following date(s): 7/31- 8/4/2023, 8/9- 8/23/2023 by John R. Monroe. (Monroe, John) Modified to condense dates on 7/18/2023 (kng).
July 17, 2023 Filing 3 Certificate of Interested Persons and Corporate Disclosure Statement by OpenAI, L.L.C. identifying Corporate Parent OpenAI OpCo, LLC, Corporate Parent OpenAI, Inc., Other Affiliate Microsoft Corporation for OpenAI, L.L.C.. (Krasinski, Brendan)
July 17, 2023 Opinion or Order Filing 2 STANDING ORDER regarding Civil Litigation. Signed by Judge Michael L. Brown on 8/26/2021. (jpk)
July 14, 2023 Filing 1 NOTICE OF REMOVAL with COMPLAINT filed by OpenAI, L.L.C. (Filing fee $ 402 receipt number AGANDC-12743652) (Attachments: #1 Exhibit A - Complaint, #2 Exhibit B, #3 Civil Cover Sheet)(tas) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form.

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Plaintiff: Mark Walters
Represented By: John R. Monroe
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Defendant: OpenAI, L.L.C.
Represented By: Brendan Gerard Krasinski
Represented By: Ashley Allen Carr
Represented By: Daniel Lee Tobey
Represented By: Ilana H. Eisenstein
Represented By: Marie Bussey-Garza
Represented By: Peter Karanjia
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