Andersen et al v. Stability AI Ltd. et al
| California Northern District Court | |
| Judge: | William H Orrick |
| Referred: | Lisa J Cisneros |
| Case #: | 3:23-cv-00201 |
| Nature of Suit | 190 Contract - Other Contract |
| Cause | 17:504 Copyright Infringement |
| Case Filed: | Jan 13, 2023 |
| Last checked: Friday Nov 22, 2024 7:33 PM PST |
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Defendant
DeviantArt, Inc.
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Represented By
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Defendant
Midjourney, Inc.
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Represented By
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Defendant
Stability AI Ltd.
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Represented By
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Defendant
Stability AI, Inc.
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Represented By
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Defendant
Runway AI, Inc.
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Represented By
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Plaintiff
Gerald Brom
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Represented By
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Plaintiff
Jingna Zhang
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Represented By
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Plaintiff
Grzegorz Rutkowski
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Represented By
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Plaintiff
Gregory Manchess
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Represented By
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Plaintiff
Julia Kaye
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Represented By
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Plaintiff
Adam Ellis
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Represented By
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Plaintiff
Sarah Andersen
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Represented By
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Plaintiff
Karla Ortiz
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Represented By
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| TERMINATED PARTIES | |
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Defendant
Getty Images (US), Inc.
Terminated: 11/29/2023
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Represented By
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Plaintiff
H Southworth
Terminated: 11/21/2024
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Represented By
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Plaintiff
Kelly McKernan
Terminated: 11/21/2024
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Represented By
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GPO
Oct 30 2023
ORDER ON 49,51,52,58 MOTIONS TO DISMISS AND STRIKE by Judge William H. Orrick. (jmd, COURT STAFF) (Filed on 10/30/2023) |
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GPO
Feb 08 2024
ORDER DENYING MOTION TO STRIKE AND REQUESTS FOR FEES by Judge William H. Orrick re: 50 Motion to Strike and 136 MOTION to Strike. (jmd, COURT STAFF) (Filed on 2/8/2024) |
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GPO
Aug 12 2024
ORDER GRANTING IN PART AND DENYING IN PART MOTIONS TO DISMISS FIRST AMENDED COMPLAINT by Judge William H. Orrick re: 160,162,163,164,169 Motions to Dismiss. (jmd, COURT STAFF) (Filed on 8/12/2024) |
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GPO
Dec 10 2024
NOTICE OF REFERRAL FOR DISCOVERY. Signed by Judge Lisa J. Cisneros on 12/10/2024. (bns, COURT STAFF) (Filed on 12/10/2024) |
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GPO
Mar 19 2025
ORDER on ESI Protocol; Protective Order; Deposition Protocol, ECF Nos. 248, 249, 257. Signed by Judge Lisa J. Cisneros on 3/19/2025. (Cisneros, Lisa) (Filed on 3/19/2025) |
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GPO
Apr 15 2025
Order by Magistrate Judge Lisa J. Cisneros granting 270 Stipulation for Enlargement of Time for Production of Training Data. (bns, COURT STAFF) (Filed on 4/15/2025) |
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GPO
Apr 15 2025
Order by Magistrate Judge Lisa J. Cisneros granting 271 Stipulation Entering Deposition Protocol.(bns, COURT STAFF) (Filed on 4/15/2025) |
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GPO
Apr 15 2025
Order by Magistrate Judge Lisa J. Cisneros granting 272 Stipulation Re: Discovery of Electronically Stored Information.(bns, COURT STAFF) (Filed on 4/15/2025) |
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GPO
Apr 15 2025
STIPULATED PROTECTIVE ORDER FOR LITIGATION INVOLVING HIGHLY SENSITIVE CONFIDENTIAL INFORMATION AND/OR TRADE SECRETS re Docket No. 264 by Magistrate Judge Lisa J. Cisneros. (bns, COURT STAFF) (Filed on 4/15/2025) |
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GPO
May 21 2025
ORDER by Judge Lisa J. Cisneros granting 295 Stipulation for Extension of Time Within Which to Effectuate Service on John Doe Defendant and for Continuance of the Initial Case Management Conference. (bns, COURT STAFF) (Filed on 5/21/2025) |
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GPO
Jun 20 2025
Order by Magistrate Judge Lisa J. Cisneros granting 310 Stipulation for Enlargement of Time for Runway's Production of Training Data.(bns, COURT STAFF) (Filed on 6/20/2025) |
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GPO
Jun 20 2025
ORDER by Judge Lisa J. Cisneros granting 311 Stipulation for Enlargement of Time for Midjourney's Production of Training Data. (bns, COURT STAFF) (Filed on 6/20/2025) |
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GPO
Jul 14 2025
ORDER GRANTING 300 DEFENDANTS' REQUEST REGARDING DISCLOSURE TO DR. ZHAO by Judge Lisa J. Cisneros. (bns, COURT STAFF) (Filed on 7/14/2025) |
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GPO
Jul 15 2025
ORDER by Judge Lisa J. Cisneros granting 315 Stipulation for Enlargement of Time for Midjourney's Production of Training Data. (bns, COURT STAFF) (Filed on 7/15/2025) |
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GPO
Dec 12 2025
ORDER by Magistrate Judge Lisa J. Cisneros granting 363 Discovery Letter Brief. (ljclc1, COURT STAFF) (Filed on 12/12/2025) |
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GPO
Dec 15 2025
ORDER by Judge Lisa J. Cisneros granting 362 Administrative Motion to Consider Whether Another Party's Material Should Be Sealed. (bns, COURT STAFF) (Filed on 12/15/2025) |
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GPO
Jan 14 2026
ORDER by Judge Lisa J. Cisneros granting 374 AMENDED STIPULATED PROTECTIVE ORDER FOR LITIGATION INVOLVING HIGHLY SENSITIVE CONFIDENTIAL INFORMATION AND/OR TRADE SECRETS. (bns, COURT STAFF) (Filed on 1/14/2026) |
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GPO
Feb 04 2026
ORDER by Judge Lisa J. Cisneros granting 410 Stipulation For Enlargement of Time for Plaintiffs to Produce to Runway Materials Containing Third-Party Designated Information. (bns, COURT STAFF) (Filed on 2/4/2026) |
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GPO
Feb 10 2026
ORDER RESOLVING DISCOVERY DISPUTE AT ECF NO. 369 by Magistrate Judge Lisa J. Cisneros. (bns, COURT STAFF) (Filed on 2/10/2026) |
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GPO
Feb 17 2026
ORDER by Judge Lisa J. Cisneros granting 416 Stipulation for Enlargement of Time for Plaintiffs to Produce to Runway Materials Containing Third-Party Designated Information. (bns, COURT STAFF) (Filed on 2/17/2026) |
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GPO
Feb 27 2026
ORDER by Judge Lisa J. Cisneros granting 430 Stipulation Extending deadline to file Joint Letter Brief regarding Stability AI's training-data production. (bns, COURT STAFF) (Filed on 2/27/2026) |
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GPO
Mar 06 2026
Order by Magistrate Judge Lisa J. Cisneros granting 433 Stipulation Extending deadline to file Joint Letter Brief regarding Additional Midjourney Custodians.(bns, COURT STAFF) (Filed on 3/6/2026) |
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GPO
Mar 06 2026
Order by Magistrate Judge Lisa J. Cisneros granting 435 STIPULATION EXTENDING DEADLINE TO FILE JOINT LETTER BRIEF REGARDING STABILITY AI CUSTODIANS.(bns, COURT STAFF) (Filed on 3/6/2026) |
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GPO
Mar 09 2026
ORDER by Judge Lisa J. Cisneros granting 438 STIPULATION EXTENDING DEADLINE TO FILE JOINT LETTER BRIEF REGARDING STABILITY AI'S TRAINING-DATA PRODUCTION. (bns, COURT STAFF) (Filed on 3/9/2026) |
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GPO
Mar 11 2026
ORDER by Judge Lisa J. Cisneros granting 440 Stipulated Order for Enlargement of Time for Third Parties to Seek Protective Orders regarding Materials Produced to Runway. (bns, COURT STAFF) (Filed on 3/11/2026) |
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GPO
Mar 30 2026
Order by Magistrate Judge Lisa J. Cisneros granting 370 Administrative Motion to Consider Whether Another Party's Material Should Be Sealed.(bns, COURT STAFF) (Filed on 3/30/2026) |
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GPO
May 06 2026
Order by Magistrate Judge Lisa J. Cisneros granting 473 Motion for Issuance of Letters Rogatory.(bns, COURT STAFF) (Filed on 5/6/2026) |
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GPO
May 07 2026
ORDER by Judge Lisa J. Cisneros granting 536 STIPULATION EXTENDING DEADLINE FOR DEFENDANTS STABILITY AI LTD. AND STABILITY AI, INC. TO FILE DECLARATION OR STATEMENT REGARDING DKTS. 526 AND 528. (bns, COURT STAFF) (Filed on 5/7/2026) |
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GPO
May 07 2026
ORDER RESOLVING 527, 529 DISCOVERY DISPUTES BETWEEN PLAINTIFFS' AND STABILITY by Judge Lisa J. Cisneros. (bns, COURT STAFF) (Filed on 5/7/2026) |
| Docket last updated: 05/20/2026 3:04 AM PDT |
| Tuesday, May 19, 2026 | ||
| 564 | 564
oth_sup
Declaration in Support
Tue 05/19 4:28 PM
Declaration of Charity E. Lee in Support of547 Administrative Motion to Consider Whether Another Party's Material Should Be Sealed Regarding the Proper Start Date for the Search of the Gmail of David Holz filed byMidjourney, Inc.. (Lee, Charity) |
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| 563 | 563
misc
Transcript
Tue 05/19 4:13 PM
Transcript of Proceedings held on 05/14/26, before Judge Lisa J. Cisneros. Court Reporter/Transcriber Echo Reporting, Inc., telephone number echoreporting@yahoo.com. Tape Number: 4:00 - 4:53. 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. Redaction Request due 6/9/2026. Redacted Transcript Deadline set for 6/22/2026. Release of Transcript Restriction set for 8/17/2026. (Jauregui, Tara) |
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| 562 | 562
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pgs
order
Order ~Util - Set Deadlines/Hearings
Tue 05/19 2:12 PM
ORDER REQUESTING FURTHER BRIEFING. Signed by Judge Lisa J. Cisneros on 5/19/2026. Letter Brief due by 5/25/2026. Response due by 5/29/2026. (bns, COURT STAFF) (bns, COURT STAFF). |
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| Monday, May 18, 2026 | ||
| 561 | 561
misc
Transcript Order
Mon 05/18 5:19 PM
TRANSCRIPT ORDER for proceedings held on 05/14/2026 before Magistrate Judge Lisa J. Cisneros by Sarah Andersen, Gerald Brom, Adam Ellis, Julia Kaye, Gregory Manchess, Karla Ortiz, Grzegorz Rutkowski, Jingna Zhang, for Recorded Proceeding - San Francisco. (Saveri, Joseph) |
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| 560 | 560
misc
Transcript Order
Mon 05/18 4:00 PM
TRANSCRIPT ORDER for proceedings held on 05/14/2026 before Magistrate Judge Lisa J. Cisneros by Sarah Andersen, Gerald Brom, Adam Ellis, Julia Kaye, Gregory Manchess, Karla Ortiz, Grzegorz Rutkowski, Jingna Zhang, for Recorded Proceeding - San Francisco. (Saveri, Joseph) |
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| 559 | 559
misc
Transcript Order
Mon 05/18 3:28 PM
TRANSCRIPT ORDER for proceedings held on 5/14/2026 before Magistrate Judge Lisa J. Cisneros by DeviantArt, Inc., for Recorded Proceeding - San Francisco. (Botwinick, Simeon) |
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| 558 | 558
misc
Transcript Order
Mon 05/18 12:39 PM
TRANSCRIPT ORDER for proceedings held on 5/14/2026 before Magistrate Judge Lisa J. Cisneros by Midjourney, Inc., for Recorded Proceeding - San Francisco. (Dunning, Angela) |
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| 557 | 557
misc
Transcript Order
Mon 05/18 12:36 PM
TRANSCRIPT ORDER for proceedings held on 4/23/2026 before Magistrate Judge Lisa J. Cisneros by Midjourney, Inc., for Recorded Proceeding - San Francisco. (Dunning, Angela) |
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| Thursday, May 14, 2026 | ||
| 556 | 556
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pgs
minutes
Discovery Hearing
Fri 05/15 1:14 PM
Minute Entry for proceedings held before Magistrate Judge Lisa J. Cisneros: Discovery Hearing held on 5/14/2026. Zoom Recording Time: 4:00 p.m.- 4:53 p.m. (53 minutes). Plaintiff Attorney: Holden Benon and Alexandra Fernandez, Saveri Law Firm, LLP. Defendant Attorney: Midjourney Inc.: Angela Dunning and Charity E. Lee, Cleary Gottlieb Steen & Hamilton LLP. Proceedings: The Court heard argument on Plaintiffs and Midjourney's joint letter briefs at ECF Nos. 531 and 546 . The Court may issue a written order directing the parties to submit supplemental briefing regarding ECF No. 531 . The Court denied Plaintiffs' request at ECF No. 546 that Midjourney search David Holz's Gmail account beginning on January 1, 2021. Midjourney shall search Mr. Holzs Gmail account beginning on August 1, 2021. The Courts denial is without prejudice to Plaintiffs requesting an earlier start date for this discovery if they present evidence supporting their claim that Midjourney or Mr. Holz was involved with LAION's inception in early 2021. (bns, COURT STAFF) (Date Filed: 5/14/2026) |
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| 555 | 555
minutes
Status Conference ~Util - Set Deadlines/Hearings ~Util - Teleconference Zoom
Fri 05/15 1:10 PM
Minute Entry for proceedings held before Magistrate Judge Lisa J. Cisneros: Discovery Status Conference held on 5/14/2026. Zoom Recording Time: 3:16 p.m.- 3:59 p.m. (43 minutes). Plaintiff Attorney: Holden Benon and Alexandra Fernandez, Saveri Law Firm, LLP. For Defendant Stability AI Ltd. and Stability AI, Inc.: Evan Gourvitz, Morrison & Foerster LLP. For Defendant Midjourney Inc.: Angela Dunning and Charity E. Lee, Cleary Gottlieb Steen & Hamilton LLP. For Defendant Runway AI, Inc: Paven Malhotra and Yegina Whang, Keker Van Nest and Peters LLP. For Defendant DeviantArt: Simeon Botwinick, Latham and Watkins LLP. Proceedings: See Attachment. Further Discovery Status Conference set for 6/18/2026 at 03:00 PM in San Francisco, - Videoconference Only before Magistrate Judge Lisa J. Cisneros. 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/lisa-j-cisneros/ Civ LR 77-3(d). 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://cand.uscourts.gov/zoom. (bns, COURT STAFF) (Date Filed: 5/14/2026) |
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| 554 | 554
motion
Administrative Motion to File Under Seal
Thu 05/14 6:51 PM
Amended Administrative Motion to File Under Seal filed by Midjourney, Inc..(Dunning, Angela) |
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Att: 1
Declaration of Angela L. Dunning (Amended),
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Att: 2
Proposed Order (Amended)
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| 553 | 553
service
Certificate/Proof of Service
Thu 05/14 1:17 PM
CERTIFICATE OF SERVICE by Midjourney, Inc. re551 Administrative Motion to File Under Seal (Dunning, Angela) |
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| 552 | 552
oth_sup
Letter Brief
Thu 05/14 12:44 PM
Letter Brief re 549 Order,, filed byMidjourney, Inc.. (Dunning, Angela) |
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Att: 1
Exhibit 1,
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Att: 2
Exhibit 2 (Redacted),
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Att: 3
Exhibit 3 (Filed Under Seal),
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Att: 4
Exhibit 4 (Filed Under Seal),
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Att: 5
Exhibit 4A (Filed Under Seal),
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Att: 6
Exhibit 5 (Filed Under Seal),
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Att: 7
Exhibit 5A (Filed Under Seal)
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| 551 | 551
motion
Administrative Motion to File Under Seal
Thu 05/14 12:30 PM
Administrative Motion to File Under Seal filed by Midjourney, Inc..(Dunning, Angela) |
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Att: 1
Declaration of Angela L. Dunning,
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Att: 2
Exhibit 2,
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Att: 3
Exhibit 3,
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Att: 4
Exhibit 4,
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Att: 5
Exhibit 4A,
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Att: 6
Exhibit 5,
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Att: 7
Exhibit 5A,
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Att: 8
Proposed Order
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| 550 | 550
order
Order
Thu 05/14 11:43 AM
ORDER by Magistrate Judge Lisa J. Cisneros: The Court has reviewed Plaintiffs and Stability's 548 status report. Based on their progress negotiating search terms and their representation that they "expect to conclude negotiations next week," the Court shall not require Plaintiffs and Stability to attend an in-person meet and confer session on May 15, 2026. Plaintiffs and Stability shall continue their negotiation efforts and file a further joint status report by May 22, 2026. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ljclc1, COURT STAFF) |
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| Wednesday, May 13, 2026 | ||
| 549 | 549
order
Order
Wed 05/13 9:39 PM
ORDER by Magistrate Judge Lisa J. Cisneros re Joint Discovery Letter 531 : By 12:00 pm on May 14, 2026, Midjourney is directed to file up to five illustrative documents that support its representation that "the style reference model has noting to do with emulating artists or their work." See ECF No. 531 at 6. Signed by Judge Lisa J. Cisneros on 5/13/2026. (This is a text-only entry generated by the court. There is no document associated with this entry.) (Cisneros, Lisa) |
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| 548 | 548
misc
Status Report
Wed 05/13 3:47 PM
STATUS REPORT Jointly Filed Pursuant to ECF No. 541 Regarding the Scope of the Collection and Production of Mr. Cusicks Custodial Records by Sarah Andersen, Gerald Brom, Adam Ellis, Julia Kaye, Gregory Manchess, Karla Ortiz, Grzegorz Rutkowski, Jingna Zhang. (Saveri, Joseph) |
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| Tuesday, May 12, 2026 | ||
| 547 | 547
motion
Administrative Motion to Consider Whether Another Partys Material Should Be Sealed
Tue 05/12 9:40 PM
Administrative Motion to Consider Whether Another Party's Material Should Be Sealed Regarding the Proper Start Date for the Search of the Gmail of David Holz filed by Sarah Andersen, Gerald Brom, Adam Ellis, Julia Kaye, Gregory Manchess, Karla Ortiz, Grzegorz Rutkowski, Jingna Zhang.(Saveri, Joseph) |
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Att: 1
Proposed Order,
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Att: 2
Joint Letter Brief dispute over the proper start date for the search of the Gmail of David Holz (Sealed),
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Att: 3
Kessler Exhibit F (Sealed),
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Att: 4
Kessler Exhibit G (Sealed),
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Att: 5
Kessler Exhibit H (Sealed),
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Att: 6
Declaration of Charity Lee in Support of Midjourney's Position (Sealed),
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Att: 7
Lee Exhibit 1 (Sealed)
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| 546 | 546
motion
Discovery Letter Brief
Tue 05/12 9:40 PM
Joint Discovery Letter Brief Regarding a Dispute regarding the Proper Start Date for the Search of the Gmail of David Holz filed by Sarah Andersen, Gerald Brom, Adam Ellis, Julia Kaye, Gregory Manchess, Karla Ortiz, Grzegorz Rutkowski, Jingna Zhang.(Saveri, Joseph) |
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Att: 1
Declaration of Louis Kessler in Support of Plaintiff's Position,
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Att: 2
Kessler Exhibit A,
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Att: 3
Kessler Exhibit B,
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Att: 4
Kessler Exhibit C,
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Att: 5
Kessler Exhibit D,
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Att: 6
Kessler Exhibit E,
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Att: 7
Kessler Exhibit F (Filed Under Seal),
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Att: 8
Kessler Exhibit G (Filed Under Seal),
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Att: 9
Kessler Exhibit H (Filed Under Seal),
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Att: 10
Declaration of Charity Lee in Support of Midjourney's Position (Redacted),
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Att: 11
Lee Exhibit 1 (Redacted)
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| 545 | 545
oth_sup
Declaration in Support
Tue 05/12 12:13 PM
Declaration of Peter ODonoghue in Support of528 Administrative Motion to Consider Whether Another Party's Material Should Be Sealed ,526 Administrative Motion to Consider Whether Another Party's Material Should Be Sealed Re: Joint Letter Brief regarding a Dispute over whether Stability AI will designate former employee William (Bill) Cusick as a Custodian filed byStability AI Ltd., Stability AI, Inc.. (Kamdar, Aditya) |
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