Basbanes et al v. Microsoft Corporation et al
| Nicholas Basbanes, Nicholas Ngagoyeanes and Nicholas A. Basbanes |
| MICROSOFT CORPORATION, OpenAI, Inc., OpenAI GP, LLC, OpenAI Holdings, LLC, OAI Corporation, LLC, OpenAI Global LLC, OpenAI LLC and OpenAI OpCo LLC |
| Jonathan Alter and Authors Guild |
| Paul Tremblay, MICHAEL CHABON, TA-NEHISI COATES, JUNOT DAZ, ANDREW SEAN GREER, MATTHEW KLAM, LIPPMAN LAURA, RACHEL LOUISE SNYDER, AYELET WALDMAN, JACQUELINE WOODSON, Sarah Silverman, Christopher Golden and Richard Kadrey |
| DAVID HENRY HWANG |
| 1:2024cv00084 |
| January 5, 2024 |
| US District Court for the Southern District of New York |
| Sidney H Stein |
| Copyright |
| 17 U.S.C. § 501 Copyright Infringement |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 4, 2024. A more recent docket listing may be available from PACER.
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Filing 42
ORDER granting #40 Motion for Vera Ranieri to Appear Pro Hac Vice (HEREBY ORDERED by Judge Sidney H. Stein)(Text Only Order) (lab)
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Filing 41
ORDER granting #39 Motion for Allyson R. Bennett to Appear Pro Hac Vice (HEREBY ORDERED by Judge Sidney H. Stein)(Text Only Order) (lab)
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| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #40 MOTION for Vera Ranieri to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number CNYSDC-29020340. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bc) |
| Filing 40 MOTION for Vera Ranieri to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number NYSDC-29020340. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by OAI Corporation, LLC, OpenAI GP, LLC, OpenAI Global LLC, OpenAI Holdings, LLC, OpenAI LLC, OpenAI OpCo LLC, OpenAI, Inc., OAI Corporation LLC, OpenAI GP LLC, OpenAI Holdings LLC, OpenAI Inc., OpenAI Startup Fund GP I LLC, OpenAI Startup Fund I LP, OpenAI Startup Fund Management LLC, OpenAI, LLC. (Attachments: #1 Exhibit Declaration of Vera Ranieri in Support of Pro Hac Vice Admission, #2 Exhibit Certificate of Good Standing, #3 Proposed Order Proposed order granting admission)Filed In Associated Cases: 1:23-cv-08292-SHS, 1:23-cv-10211-SHS, 1:24-cv-00084-SHS.(Ranieri, Vera) Modified on 3/4/2024 (bc). |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #39 MOTION for Allyson R. Bennett to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-29017033. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bc) |
| Filing 39 MOTION for Allyson R. Bennett to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number NYSDC-29017033. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by OAI Corporation, LLC, OpenAI GP, LLC, OpenAI Global LLC, OpenAI Holdings, LLC, OpenAI LLC, OpenAI OpCo LLC, OpenAI, Inc., OAI Corporation LLC, OpenAI GP LLC, OpenAI Holdings LLC, OpenAI Inc., OpenAI LP, OpenAI Startup Fund GP I LLC, OpenAI Startup Fund I LP, OpenAI Startup Fund Management LLC, OpenAI, LLC. (Attachments: #1 Exhibit Declaration in Support of Motion, #2 Exhibit Certificate of Good Standing, #3 Proposed Order Proposed order granting admission pro hac vice)Filed In Associated Cases: 1:23-cv-08292-SHS, 1:23-cv-10211-SHS, 1:24-cv-00084-SHS.(Bennett, Allyson) Modified on 3/1/2024 (bc). |
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Filing 38
ORDER granting #37 Motion for Jared B. Briant to Appear Pro Hac Vice (HEREBY ORDERED by Judge Sidney H. Stein)(Text Only Order) (lab)
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| Filing 37 MOTION for Jared B. Briant to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number BNYSDC-29001559. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Microsoft Corporation. (Attachments: #1 Affidavit of J. Briant ISO Motion for Admisison Pro Hac Vice, #2 Exhibit A - Certificate of Good Standing, #3 Proposed Order Proposed Order).(Briant, Jared) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #37 MOTION for Jared B. Briant to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number BNYSDC-29001559. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (rju) |
| Filing 36 RESPONSE to Motion re: (49 in 1:23-cv-10211-SHS, 71 in 1:23-cv-08292-SHS, 33 in 1:24-cv-00084-SHS) MOTION to Intervene AND DISMISS, STAY OR TRANSFER. // OpenAI Defendants' Position Statement Regarding Motion to Intervene and Dismiss, Stay, or Transfer. Document filed by OAI Corporation LLC, OpenAI GP LLC, OpenAI Global LLC, OpenAI Holdings LLC, OpenAI Inc., OpenAI LLC, OpenAI OpCo LLC, OpenAI Startup Fund GP I LLC, OpenAI Startup Fund I LP, OpenAI Startup Fund Management LLC. Filed In Associated Cases: 1:23-cv-08292-SHS, 1:23-cv-10211-SHS, 1:24-cv-00084-SHS.(Gass, Andrew) |
| Filing 35 MEMORANDUM OF LAW in Opposition re: (49 in 1:23-cv-10211-SHS, 71 in 1:23-cv-08292-SHS, 33 in 1:24-cv-00084-SHS) MOTION to Intervene AND DISMISS, STAY OR TRANSFER. . Document filed by Microsoft Corporation. Filed In Associated Cases: 1:23-cv-08292-SHS, 1:23-cv-10211-SHS, 1:24-cv-00084-SHS.(Hurst, Annette) |
| Filing 34 NOTICE OF APPEARANCE by Jeffrey S. Jacobson on behalf of Microsoft Corporation..(Jacobson, Jeffrey) |
| Filing 33 MOTION to Intervene AND DISMISS, STAY OR TRANSFER. Document filed by Paul Tremblay, MICHAEL CHABON, TA-NEHISI COATES, JUNOT DAZ, ANDREW SEAN GREER, DAVID HENRY HWANG, MATTHEW KLAM, LIPPMAN LAURA, RACHEL LOUISE SNYDER, AYELET WALDMAN, JACQUELINE WOODSON, Sarah Silverman, Christopher Golden, Richard Kadrey. Return Date set for 4/8/2024 at 12:00 PM. (Attachments: #1 Supplement MEMORANDUM OF POINTS AND AUTHORITIES, #2 Affidavit Christopher J. Hydal, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Proposed Order GRANTING MOTION TO INTERVENE AND DISMISSING THIS CASE, #8 Supplement Request for Oral Arguement)Filed In Associated Cases: 1:23-cv-08292-SHS, 1:23-cv-10211-SHS, 1:24-cv-00084-SHS.(Hydal, Christopher) |
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Filing 32
ORDER granting in part and denying in part #21 Motion to Consolidate Cases; granting in part and denying in part #21 Motion to Appoint. On January 22, 2024, plaintiffs Basbanes and Gage filed a motion with the four requests addressed below. (ECF No. 21.) The Court hereby grants plaintiffs' motion in part and denies the motion in part. First, plaintiffs move to consolidate this action (the 11Basbanes-Gage Action") with Authors Guild, et al., v. Open AI Inc., et al., No. 23-cv-08292 (the II Authors Guild Action") and with Jonathan Alter, et al., v. Open AI Inc., et al., No. 23-cv-10211 (the II Alter Action"). Plaintiffs in the Authors Guild Action and Alter Action do not oppose consolidation (ECF No. 31), and the Court has not received any other opposition to plaintiffs' motion. Accordingly, the motion to consolidate is granted for pretrial purposes pursuant to Fed. R. Civ. P. 42. Second, plaintiffs request that the Court create a steering committee for the consolidated actions that includes counsel for Basbanes and Gage. The Court finds that a steering committee is not necessary and denies this request. Third, plaintiffs request to appoint the law firms of Lief Cabraser Heimann & Bernstein, LLP and Susman Godfrey L.L.P. as interim co-lead counsel for the consolidated actions. Pursuant to the Court's order entered on February 6, 2024 in the Authors Guild Action and Alter Action, Lief Cabraser Heimann & Bernstein, LLP, Susman Godfrey L.L.P., and Cowan DeBaets Abrahams & Sheppard, LLP have been appointed as interim co-lead class counsel in the consolidated action, which now includes the Basbanes-Gage Action. Plaintiffs' fourth request to rule on this motion before ordering the Joint Stipulation filed in the Authors Guild Action and Alter Action is moot. SO ORDERED. (Signed by Judge Sidney H. Stein on 2/6/2024) (jca)
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| CONSOLIDATED MEMBER CASE: Create association to 1:23-cv-08292-SHS.. (jca) |
| Filing 31 RESPONSE to Motion re: #22 MOTION to Consolidate Cases 1:23-cv-08292-SHS; 1:23-cv-10211-SHS . #30 FICTION AND NONFICTION AUTHOR PLAINTIFFS' RESPONSE TO BASBANES-GAGE PLAINTIFFS' MOTION TO (I) CONSOLIDATE THE AUTHORS GUILD ACTION, THE ALTER ACTION, AND THE BASBANES-GAGE ACTION AND (II) TO SEEK OTHER RELIEF. Document filed by Jonathan Alter, Authors Guild..(Nath, Rohit) |
| Filing 30 LETTER addressed to Judge Sidney H. Stein from Michael P. Richter dated 2/5/2024 re: Consolidation and Steering Committee. Document filed by Nicholas Ngagoyeanes, Nicholas A. Basbanes..(Richter, Michael) |
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Filing 29
ORDER granting #26 Motion for Andrew M. Gass to Appear Pro Hac Vice (HEREBY ORDERED by Judge Sidney H. Stein)(Text Only Order) (lab)
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| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #26 MOTION for Andrew M. Gass to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28875341. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bc) |
| Filing 28 NOTICE OF APPEARANCE by Allison Levine Stillman on behalf of OAI Corporation, LLC, OpenAI GP, LLC, OpenAI Global LLC, OpenAI Holdings, LLC, OpenAI LLC, OpenAI OpCo LLC, OpenAI, Inc...(Stillman, Allison) |
| Filing 27 NOTICE OF APPEARANCE by Sarang Damle on behalf of OAI Corporation, LLC, OpenAI GP, LLC, OpenAI Global LLC, OpenAI Holdings, LLC, OpenAI LLC, OpenAI OpCo LLC, OpenAI, Inc...(Damle, Sarang) |
| Filing 26 MOTION for Andrew M. Gass to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28875341. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by OAI Corporation, LLC, OpenAI GP, LLC, OpenAI Global LLC, OpenAI Holdings, LLC, OpenAI LLC, OpenAI OpCo LLC, OpenAI, Inc.. (Attachments: #1 Affidavit - Declaration of Andrew M. Gass in Support of Motion to Admit Counsel Pro Hac Vice, #2 Exhibit A - Certificate of Good Standing, #3 Proposed Order Granting Motion to Admit Counsel Pro Hac Vice).(Gass, Andrew) |
| Filing 25 NOTICE OF APPEARANCE by Joseph Richard Wetzel, Jr on behalf of OAI Corporation, LLC, OpenAI GP, LLC, OpenAI Global LLC, OpenAI Holdings, LLC, OpenAI LLC, OpenAI OpCo LLC, OpenAI, Inc...(Wetzel, Joseph) |
| Filing 24 WAIVER OF SERVICE RETURNED EXECUTED. Microsoft Corporation waiver sent on 1/8/2024, answer due 3/8/2024. Document filed by Nicholas Ngagoyeanes; Nicholas A. Basbanes..(Richter, Michael) |
| Filing 23 LETTER addressed to Judge Sidney H. Stein from Michael P. Richter dated January 23, 2024 re: Consolidation with the Authors Guild and Sancton Actions. Document filed by Nicholas Ngagoyeanes, Nicholas A. Basbanes..(Richter, Michael) |
| Filing 22 MOTION to Consolidate Cases 1:23-cv-08292-SHS; 1:23-cv-10211-SHS . Document filed by Nicholas Ngagoyeanes, Nicholas A. Basbanes. Return Date set for 1/26/2024 at 09:00 AM. (Attachments: #1 Affidavit Declaration of Michael P. Richter).(Richter, Michael) |
| Filing 21 MOTION to Consolidate Cases 1:23-cv-08292-SHS; 1:23-cv-10211-SHS ., MOTION to Appoint .( Return Date set for 1/26/2024 at 09:00 AM.) Document filed by Nicholas Ngagoyeanes, Nicholas A. Basbanes..(Richter, Michael) |
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Filing 20
ORDER granting #19 Motion for Annette L. Hurst to Appear Pro Hac Vice (HEREBY ORDERED by Judge Sidney H. Stein)(Text Only Order) (lab)
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| Filing 19 MOTION for Annette L. Hurst to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28828987. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Microsoft Corporation. (Attachments: #1 Affidavit of Annette L. Hurst in Support, #2 Exhibit Certificate of Good Standing, #3 Proposed Order for Admission Pro Hac Vice).(Hurst, Annette) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #19 MOTION for Annette L. Hurst to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28828987. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (rju) |
| Filing 18 WAIVER OF SERVICE RETURNED EXECUTED. OpenAI OpCo LLC waiver sent on 1/8/2024, answer due 3/8/2024. Document filed by Nicholas Ngagoyeanes; Nicholas A. Basbanes..(Richter, Michael) |
| Filing 17 WAIVER OF SERVICE RETURNED EXECUTED. OpenAI LLC waiver sent on 1/8/2024, answer due 3/8/2024. Document filed by Nicholas Ngagoyeanes; Nicholas A. Basbanes..(Richter, Michael) |
| Filing 16 WAIVER OF SERVICE RETURNED EXECUTED. OpenAI Global LLC waiver sent on 1/8/2024, answer due 3/8/2024. Document filed by Nicholas Ngagoyeanes; Nicholas A. Basbanes..(Richter, Michael) |
| Filing 15 WAIVER OF SERVICE RETURNED EXECUTED. OAI Corporation, LLC waiver sent on 1/8/2024, answer due 3/8/2024. Document filed by Nicholas Ngagoyeanes; Nicholas A. Basbanes..(Richter, Michael) |
| Filing 14 WAIVER OF SERVICE RETURNED EXECUTED. OpenAI Holdings, LLC waiver sent on 1/8/2024, answer due 3/8/2024. Document filed by Nicholas Ngagoyeanes; Nicholas A. Basbanes..(Richter, Michael) |
| Filing 13 WAIVER OF SERVICE RETURNED EXECUTED. OpenAI GP, LLC waiver sent on 1/8/2024, answer due 3/8/2024. Document filed by Nicholas Ngagoyeanes; Nicholas A. Basbanes..(Richter, Michael) |
| Filing 12 WAIVER OF SERVICE RETURNED EXECUTED. OpenAI, Inc. waiver sent on 1/8/2024, answer due 3/8/2024. Document filed by Nicholas Ngagoyeanes; Nicholas A. Basbanes..(Richter, Michael) |
| CASE ACCEPTED AS RELATED. Create association to 1:23-cv-08292-SHS. Notice of Assignment to follow. (laq) |
| NOTICE OF CASE REASSIGNMENT to Judge Sidney H. Stein. Judge Unassigned is no longer assigned to the case. (laq) |
| Magistrate Judge Ona T. Wang is designated to handle matters that may be referred in this case. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (laq) |
| Filing 11 AO 121 FORM COPYRIGHT - CASE OPENING - SUBMITTED. In compliance with the provisions of 17 U.S.C. 508, the Register of Copyrights is hereby advised that a court action has been filed on the following copyright(s) in the U.S. District Court Southern District of New York. Form e-mailed to Register of Copyrights. (vf) |
| Filing 10 ELECTRONIC SUMMONS ISSUED as to OAI Corporation, LLC, OpenAI GP, LLC, OpenAI Global LLC, OpenAI Holdings, LLC, OpenAI LLC, OpenAI OpCo LLC, OpenAI, Inc.. (vf) |
| Filing 9 ELECTRONIC SUMMONS ISSUED as to Microsoft Corporation. (vf) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Michael Philip Richter. The following case opening statistical information was erroneously selected/entered: Cause of Action code 17:101 Copyright Infringement. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 17:501 Copyright Infringement. (vf) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. (vf) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Michael Philip Richter. The party information for the following party/parties has been modified: MICROSOFT CORPORATION, Nicholas Ngagoyeanes, Nicholas Basbanes. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps; party text was omitted; middle initial was omitted. (vf) |
| Case Designated ECF. (vf) |
| CASE REFERRED TO Judge Sidney H. Stein as possibly related to 1:23-cv-08292,1:23-cv-10211,1:23-cv-11195. (vf) |
| Filing 8 REQUEST FOR ISSUANCE OF SUMMONS as to OPENAI, INC., OPENAI GP, L.L.C., OPENAI HOLDINGS, LLC, OAI CORPORATION, LLC, OPENAI GLOBAL, LLC, OPENAI, L.L.C., and OPENAI OPCO, LLC, re: #1 Complaint,. Document filed by Nicholas Basbanes, Nicholas Ngagoyeanes..(Richter, Michael) |
| Filing 7 REQUEST FOR ISSUANCE OF SUMMONS as to Microsoft Corporation, re: #1 Complaint,. Document filed by Nicholas Basbanes, Nicholas Ngagoyeanes..(Richter, Michael) |
| Filing 6 AO 121 FORM COPYRIGHT - NOTICE OF SUBMISSION BY ATTORNEY. AO 121 Form Copyright for case opening submitted to court for review. (Attachments: #1 Exhibit Exhibit A - Plaintiffs' Registrations).(Richter, Michael) |
| Filing 5 STATEMENT OF RELATEDNESS re: that this action be filed as related to 1:23-cv-11195. Document filed by Nicholas Basbanes, Nicholas Ngagoyeanes..(Richter, Michael) |
| Filing 4 STATEMENT OF RELATEDNESS re: that this action be filed as related to 1:23-cv-10211. Document filed by Nicholas Basbanes, Nicholas Ngagoyeanes..(Richter, Michael) |
| Filing 3 STATEMENT OF RELATEDNESS re: that this action be filed as related to 1:23-cv-8292-SHS. Document filed by Nicholas Basbanes, Nicholas Ngagoyeanes..(Richter, Michael) |
| Filing 2 CIVIL COVER SHEET filed. (Attachments: #1 Exhibit List of Related Cases).(Richter, Michael) |
| Filing 1 COMPLAINT against MICROSOFT CORPORATION, OAI Corporation, LLC, OpenAI GP, LLC, OpenAI Global LLC, OpenAI Holdings, LLC, OpenAI LLC, OpenAI OpCo LLC, OpenAI, Inc.. (Filing Fee $ 405.00, Receipt Number ANYSDC-28773132)Document filed by Nicholas Ngagoyeanes, Nicholas Basbanes. (Attachments: #1 Exhibit Exhibit A - Plaintiffs' Registrations).(Richter, Michael) |
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