Millette v. OpenAI, Inc. et al
David Millette and Ruslana Petryazhna |
OpenAI Inc. and OpenAI OpCo LLC |
1:2025cv03297 |
April 21, 2025 |
U.S. District Court for the Southern District of New York |
Sidney H Stein |
P.I.: Other |
28 U.S.C. § 1332 pi Diversity-Personal Injury |
Plaintiff |
Docket Report
This docket was last retrieved on April 21, 2025. A more recent docket listing may be available from PACER.
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Filing 72 CASE TRANSFERRED IN from the United States District Court - District of California Northern; Case Number: 5:24-cv-04710. Original file certified copy of transfer order and docket entries received. |
Case Designated ECF. (vba) |
NOTE TO OUT OF STATE ATTORNEYS: Please visit the Court's website at https://nysd.uscourts.gov/ for information regarding admission to the S.D.N.Y. Bar and the CM/ECF Rules & Filing Instructions. (vba) |
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. (vba) |
CASE OPENING INITIAL ASSIGNMENT NOTICE - TRANSFER CASE: This case is assigned to: Judge Sidney H. Stein. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(vba) |
CASE ACCEPTED AS RELATED. Create association to 1:25-md-03143-SHS. Notice of Assignment to follow. (vba) |
CONSOLIDATED MDL CASE: Create association to 1:25-md-03143-SHS. (vba) |
Filing 71 TRANSFER ORDER by the United States Judicial Panel on Multidistrict Litigation TRANSFERRING CASE to Southern District of New York, MDL No. 3143. (tn, COURT STAFF) (Filed on 4/15/2025) [Transferred from California Northern on 4/21/2025.] |
case electronically transmitted to Southern District of New York. (tn, COURT STAFF) (Filed on 4/15/2025) [Transferred from California Northern on 4/21/2025.] |
Filing 70 Second Amended Class Action Complaint and Jury Trial Demanded against OpenAI OpCo, L.L.C., OpenAI, Inc.. Filed by Ruslana Petryazhna. (Attachments: #1 Exhibit 1 - Redlined Complaint)(Fisher, L.) (Filed on 4/7/2025) [Transferred from California Northern on 4/21/2025.] |
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Filing 68 STIPULATION WITH PROPOSED ORDER Setting Deadlines for Second Amended Complaint and Answer filed by OpenAI, Inc., OpenAI OpCo, L.L.C.. (Attachments: #1 Declaration of Allison S. Blanco)(Blanco, Allison) (Filed on 4/1/2025) [Transferred from California Northern on 4/21/2025.] |
Filing 67 CLERK'S NOTICE. Initial Case Management Conference set for 4/17/2025 is CONTINUED to 5/1/2025 10:00 AM in San Jose, Courtroom 4, 5th Floor before Judge Edward J. Davila. Joint Case Management Statement due by 4/21/2025. (This is a text-only entry generated by the court. There is no document associated with this entry.) (crr, COURT STAFF) (Filed on 3/26/2025) [Transferred from California Northern on 4/21/2025.] |
Filing 66 CLERK'S NOTICE. Initial Case Management Conference set for 4/17/2025 at 10:00 AM in San Jose, Courtroom 4, 5th Floor before Judge Edward J. Davila. Joint Case Management Statement due by 4/7/2025. (This is a text-only entry generated by the court. There is no document associated with this entry.) (crr, COURT STAFF) (Filed on 3/24/2025) [Transferred from California Northern on 4/21/2025.] |
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Filing 64 NOTICE of Appearance filed by Allison Schall Blanco on behalf of OpenAI, Inc., OpenAI OpCo, L.L.C. (Blanco, Allison) (Filed on 2/27/2025) [Transferred from California Northern on 4/21/2025.] |
Filing 63 Statement of Non-Opposition re #55 MOTION to Dismiss Plaintiffs' Amended Statement of Non-Opposition to Defendants' Motion to Dismiss filed byRuslana Petryazhna, David Millette. (Related document(s) #55 ) (Fisher, L.) (Filed on 2/13/2025) [Transferred from California Northern on 4/21/2025.] |
Filing 62 NOTICE of Withdrawal filed by Vera Ranieri, no longer appearing on behalf of OpenAI, Inc., OpenAI, L.P., OpenAI OpCo, L.L.C., OpenAI GP, L.L.C., OpenAI Startup Fund I, L.P., OpenAI Startup Fund GP I, L.L.C., OpenAI Startup Fund Management, LLC in this case (Ranieri, Vera) (Filed on 2/11/2025) [Transferred from California Northern on 4/21/2025.] |
Filing 61 CLERK'S NOTICE VACATING HEARING. The Initial Case Management Conference set for 2/13/2025 is VACATED - No Appearance Required. The CMC will be reset, as necessary, following a ruling on the pending Motion to Dismiss. (This is a text-only entry generated by the court. There is no document associated with this entry.) (crr, COURT STAFF) (Filed on 2/11/2025) [Transferred from California Northern on 4/21/2025.] |
Filing 60 Statement of Non-Opposition to re #55 MOTION to Dismiss filed by Ruslana Petryazhna, David Millette. (Related document(s) #55 ) (Fisher, L.) (Filed on 2/7/2025) [Transferred from California Northern on 4/21/2025.] |
Filing 59 JOINT CASE MANAGEMENT STATEMENT filed by Ruslana Petryazhna, David Millette. (Fisher, L.) (Filed on 1/31/2025) [Transferred from California Northern on 4/21/2025.] |
Filing 58 Certification of Conflicts and Interested Entities or Persons filed by Ruslana Petryazhna, David Millette (Glatt, Joshua) (Filed on 1/31/2025) [Transferred from California Northern on 4/21/2025.] |
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Filing 56 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 328, receipt number ACANDC-20176914.) filed by Ruslana Petryazhna, David Millette. (Diamond, Julian) (Filed on 12/26/2024) [Transferred from California Northern on 4/21/2025.] |
Filing 55 MOTION to Dismiss filed by OpenAI, Inc., OpenAI OpCo, L.L.C.. Motion to Dismiss Hearing set for 5/15/2025 09:00 AM in San Jose, Courtroom 4, 5th Floor. Responses due by 2/7/2025. Replies due by 3/10/2025. (Gass, Andrew) (Filed on 12/16/2024) [Transferred from California Northern on 4/21/2025.] |
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Filing 53 STIPULATION WITH PROPOSED ORDER to Extend Time to Respond to First Amended Complaint and Set Briefing Schedule filed by OpenAI OpCo, L.L.C., OpenAI, Inc.. (Attachments: #1 Declaration of Elana Nightingale Dawson)(Nightingale Dawson, Elana) (Filed on 10/30/2024) [Transferred from California Northern on 4/21/2025.] |
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Filing 50 MOTION for leave to appear in Pro Hac Vice, (Filing Fee: $328.00, receipt number ACANDC-19987969) filed by OpenAI OpCo, L.L.C., OpenAI, Inc.. (Attachments: #1 Certificate of Good Standing)(Yue, Herman) (Filed on 10/25/2024) [Transferred from California Northern on 4/21/2025.] |
Filing 49 MOTION for leave to appear in Pro Hac Vice, (Filing Fee: $328.00, receipt number ACANDC-19987823) filed by OpenAI OpCo, L.L.C., OpenAI, Inc.. (Attachments: #1 Certificate of Good Standing)(David, Michael) (Filed on 10/25/2024) [Transferred from California Northern on 4/21/2025.] |
Filing 48 NOTICE of Appearance filed by Rose S Lee on behalf of OpenAI GP, L.L.C., OpenAI OpCo, L.L.C., OpenAI Startup Fund GP I, L.L.C., OpenAI Startup Fund Management, LLC, OpenAI, Inc., OpenAI, L.P. (Lee, Rose) (Filed on 10/22/2024) [Transferred from California Northern on 4/21/2025.] |
Filing 47 FIRST AMENDED CLASS ACTION COMPLAINT AND JURY TRIAL DEMANDED against OpenAI OpCo, L.L.C., OpenAI, Inc.. Filed by David Millette, Ruslana Petryazhna. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C - Redlined Complaint)(Fisher, L.) (Filed on 10/18/2024) [Transferred from California Northern on 4/21/2025.] |
Filing 46 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options on behalf of Defendant OpenAI OpCo, L.L.C. (Nightingale Dawson, Elana) (Filed on 10/17/2024) [Transferred from California Northern on 4/21/2025.] |
Filing 45 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options on behalf of Defendant OpenAI, Inc. (Nightingale Dawson, Elana) (Filed on 10/17/2024) [Transferred from California Northern on 4/21/2025.] |
Filing 44 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Glatt, Joshua) (Filed on 10/17/2024) [Transferred from California Northern on 4/21/2025.] |
Filing 43 CLERK'S NOTICE. Initial Case Management Conference set for 11/7/2024 is CONTINUED to 2/13/2025 at 10:00 AM in San Jose, Courtroom 4, 5th Floor before Judge Edward J. Davila. Joint Case Management Statement due by 1/31/2025. (This is a text-only entry generated by the court. There is no document associated with this entry.) (crr, COURT STAFF) (Filed on 10/1/2024) [Transferred from California Northern on 4/21/2025.] |
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Filing 41 JOINT STIPULATION AND [PROPOSED] ORDER TO AMEND BRIEFING SCHEDULE filed by David Millette. (Fisher, L.) (Filed on 9/18/2024) [Transferred from California Northern on 4/21/2025.] |
Filing 40 NOTICE of Withdrawal filed by Allyson Roz Bennett, no longer appearing on behalf of OpenAI GP, L.L.C., OpenAI OpCo, L.L.C., OpenAI Startup Fund GP I, L.L.C., OpenAI Startup Fund Management, LLC, OpenAI, Inc., OpenAI, L.P. in this case (Bennett, Allyson) (Filed on 9/17/2024) [Transferred from California Northern on 4/21/2025.] |
Filing 39 NOTICE of Voluntary Dismissal of Certain Defendants Without Prejudice by David Millette (Fisher, L.) (Filed on 9/11/2024) [Transferred from California Northern on 4/21/2025.] |
Filing 38 CLERKS NOTICE RESETTING CASE MANAGEMENT CONFERENCE FOLLOWING REASSIGNMENT. Joint Case Management Statement due by 10/25/2024. Initial Case Management Conference set for 11/7/2024 at 10:00 AM in San Jose, Courtroom 4, 5th Floor before Judge Edward J. Davila.The Court does not issue a revised Initial Case Management Scheduling Order with ADR Deadlines. Standing orders can be downloaded from the court's web page at #https://www.cand.uscourts.gov/judges/davila-edward-j-ejd/. (This is a text-only entry generated by the court. There is no document associated with this entry.) (crr, COURT STAFF) (Filed on 9/6/2024) [Transferred from California Northern on 4/21/2025.] |
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Filing 35 MOTION to Dismiss filed by OpenAI GP, L.L.C., OpenAI OpCo, L.L.C., OpenAI Startup Fund GP I, L.L.C., OpenAI Startup Fund Management, LLC, OpenAI, Inc., OpenAI, L.P.. Motion to Dismiss Hearing set for 11/7/2024 09:00 AM in San Jose, Courtroom 4, 5th Floor. Responses due by 9/18/2024. Replies due by 9/25/2024. (Gass, Andrew) (Filed on 9/4/2024) [Transferred from California Northern on 4/21/2025.] |
Filing 34 NOTICE of Appearance filed by Max I. Levy on behalf of OpenAI GP, L.L.C., OpenAI OpCo, L.L.C., OpenAI Startup Fund GP I, L.L.C., OpenAI Startup Fund Management, LLC, OpenAI, Inc., OpenAI, L.P. (Levy, Max) (Filed on 9/4/2024) [Transferred from California Northern on 4/21/2025.] |
Filing 33 NOTICE of Appearance filed by Melody Ellen Wong on behalf of OpenAI GP, L.L.C., OpenAI OpCo, L.L.C., OpenAI Startup Fund GP I, L.L.C., OpenAI Startup Fund Management, LLC, OpenAI, Inc., OpenAI, L.P. (Wong, Melody) (Filed on 9/4/2024) [Transferred from California Northern on 4/21/2025.] |
Filing 32 NOTICE of Appearance filed by Carolyn Myrle Homer on behalf of OpenAI GP, L.L.C., OpenAI OpCo, L.L.C., OpenAI Startup Fund GP I, L.L.C., OpenAI Startup Fund Management, LLC, OpenAI, Inc., OpenAI, L.P. (Homer, Carolyn) (Filed on 9/4/2024)[Transferred from California Northern on 4/21/2025.] |
Filing 31 NOTICE of Appearance filed by Vera Ranieri on behalf of OpenAI GP, L.L.C., OpenAI OpCo, L.L.C., OpenAI Startup Fund GP I, L.L.C., OpenAI Startup Fund Management, LLC, OpenAI, Inc., OpenAI, L.P. (Ranieri, Vera) (Filed on 9/4/2024) [Transferred from California Northern on 4/21/2025.] |
Filing 30 NOTICE of Appearance filed by Allyson Roz Bennett on behalf of OpenAI GP, L.L.C., OpenAI OpCo, L.L.C., OpenAI Startup Fund GP I, L.L.C., OpenAI Startup Fund Management, LLC, OpenAI, Inc., OpenAI, L.P. (Bennett, Allyson) (Filed on 9/4/2024) [Transferred from California Northern on 4/21/2025.] |
Filing 29 NOTICE of Appearance filed by Joseph Charles Gratz on behalf of 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. (Gratz, Joseph) (Filed on 9/4/2024) [Transferred from California Northern on 4/21/2025.] |
Filing 28 MOTION for leave to appear in Pro Hac Vice for Rachel Renee Blitzer ( Filing fee $ 328, receipt number ACANDC-19809838.) filed by OpenAI GP, L.L.C., OpenAI OpCo, L.L.C., OpenAI Startup Fund GP I, L.L.C., OpenAI Startup Fund Management, LLC, OpenAI, Inc., OpenAI, L.P.. (Attachments: #1 Certificate of Good Standing)(Blitzer, Rachel) (Filed on 9/4/2024) [Transferred from California Northern on 4/21/2025.] |
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Filing 24 MOTION for leave to appear in Pro Hac Vice for Elana Nightingale Dawson ( Filing fee $ 328, receipt number ACANDC-19792788.) filed by OpenAI GP, L.L.C., OpenAI OpCo, L.L.C., OpenAI Startup Fund GP I, L.L.C., OpenAI Startup Fund Management, LLC, OpenAI, Inc., OpenAI, L.P.. (Attachments: #1 Certificate of Good Standing)(Nightingale Dawson, Elana) (Filed on 8/29/2024) [Transferred from California Northern on 4/21/2025.] |
Filing 23 MOTION for leave to appear in Pro Hac Vice for Allison L. Stillman ( Filing fee $ 328, receipt number ACANDC-19792746.) filed by OpenAI GP, L.L.C., OpenAI OpCo, L.L.C., OpenAI Startup Fund GP I, L.L.C., OpenAI Startup Fund Management, LLC, OpenAI, Inc., OpenAI, L.P.. (Attachments: #1 Certificate of Good Standing)(Stillman, Allison) (Filed on 8/29/2024) [Transferred from California Northern on 4/21/2025.] |
Filing 22 MOTION for leave to appear in Pro Hac Vice for Sarang Vijay Damle ( Filing fee $ 328, receipt number ACANDC-19792648.) filed by OpenAI GP, L.L.C., OpenAI OpCo, L.L.C., OpenAI Startup Fund GP I, L.L.C., OpenAI Startup Fund Management, LLC, OpenAI, Inc., OpenAI, L.P.. (Attachments: #1 Certificate of Good Standing)(Damle, Sarang) (Filed on 8/29/2024) [Transferred from California Northern on 4/21/2025.] |
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Filing 20 SUMMONS Returned Executed by David Millette. OpenAI, L.P. served on 8/14/2024, answer due 9/4/2024. (Fisher, L.) (Filed on 8/27/2024) [Transferred from California Northern on 4/21/2025.] |
Filing 19 SUMMONS Returned Executed by David Millette. OpenAI, Inc. served on 8/14/2024, answer due 9/4/2024. (Fisher, L.) (Filed on 8/27/2024) [Transferred from California Northern on 4/21/2025.] |
Filing 18 SUMMONS Returned Executed by David Millette. OpenAI Startup Fund Management, LLC served on 8/14/2024, answer due 9/4/2024. (Fisher, L.) (Filed on 8/27/2024) [Transferred from California Northern on 4/21/2025.] |
Filing 17 SUMMONS Returned Executed by David Millette. OpenAI Startup Fund GP I, L.L.C. served on 8/14/2024, answer due 9/4/2024. (Fisher, L.) (Filed on 8/27/2024) [Transferred from California Northern on 4/21/2025.] |
Filing 16 SUMMONS Returned Executed by David Millette. OpenAI OpCo, L.L.C. served on 8/14/2024, answer due 9/4/2024. (Fisher, L.) (Filed on 8/27/2024) [Transferred from California Northern on 4/21/2025.] |
Filing 15 SUMMONS Returned Executed by David Millette. OpenAI GP, L.L.C. served on 8/14/2024, answer due 9/4/2024. (Fisher, L.) (Filed on 8/27/2024) [Transferred from California Northern on 4/21/2025.] |
Filing 14 Certificate of Interested Entities by OpenAI GP, L.L.C., OpenAI OpCo, L.L.C., OpenAI Startup Fund GP I, L.L.C., OpenAI Startup Fund Management, LLC, OpenAI, Inc., OpenAI, L.P. (Gass, Andrew) (Filed on 8/23/2024) [Transferred from California Northern on 4/21/2025.] |
Filing 13 Corporate Disclosure Statement by OpenAI GP, L.L.C., OpenAI OpCo, L.L.C., OpenAI Startup Fund GP I, L.L.C., OpenAI Startup Fund Management, LLC, OpenAI, Inc., OpenAI, L.P. identifying Corporate Parent OpenAI Global, L.L.C., Other Affiliate Microsoft Corporation for OpenAI OpCo, L.L.C.; Corporate Parent OpenAI, Inc. for OpenAI GP, L.L.C.; Corporate Parent OpenAI Startup Fund GP I, L.L.C. for OpenAI Startup Fund Management, LLC. (Gass, Andrew) (Filed on 8/23/2024) [Transferred from California Northern on 4/21/2025.] |
Filing 12 NOTICE of Appearance filed by Joseph Richard Wetzel on behalf of OpenAI GP, L.L.C., OpenAI OpCo, L.L.C., OpenAI Startup Fund GP I, L.L.C., OpenAI Startup Fund Management, LLC, OpenAI, Inc., OpenAI, L.P. (Wetzel, Joseph) (Filed on 8/23/2024) [Transferred from California Northern on 4/21/2025.] |
Filing 11 NOTICE of Appearance filed by Andrew Michael Gass on behalf of OpenAI GP, L.L.C., OpenAI OpCo, L.L.C., OpenAI Startup Fund GP I, L.L.C., OpenAI Startup Fund Management, LLC, OpenAI, Inc., OpenAI, L.P. (Gass, Andrew) (Filed on 8/23/2024) [Transferred from California Northern on 4/21/2025.] |
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Filing 7 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. (tshlc1, COURT STAFF) (Filed on 8/9/2024) [Transferred from California Northern on 4/21/2025.] |
Filing 6 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by David Millette.. (Glatt, Joshua) (Filed on 8/5/2024) [Transferred from California Northern on 4/21/2025.] |
Filing 5 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 10/31/2024. Initial Case Management Conference set for 11/7/2024 10:00 AM in San Francisco, Courtroom E, 15th Floor. (ecg, COURT STAFF) (Filed on 8/5/2024) [Transferred from California Northern on 4/21/2025.] |
Filing 4 Summons Issued as to 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.. (ecg, COURT STAFF) (Filed on 8/5/2024) [Transferred from California Northern on 4/21/2025.] |
Filing 3 Case assigned to Magistrate Judge Thomas S. Hixson. 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 8/19/2024. (mbc, COURT STAFF) (Filed on 8/5/2024) [Transferred from California Northern on 4/21/2025.] |
Filing 2 Proposed Summons. (Fisher, L.) (Filed on 8/2/2024) [Transferred from California Northern on 4/21/2025.] |
Filing 1 COMPLAINT against 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. ( Filing fee $ 405, receipt number ACANDC-19689541.). Filed by David Millette. (Attachments: #1 Civil Cover Sheet)(Fisher, L.) (Filed on 8/2/2024) [Transferred from California Northern on 4/21/2025.] |
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