The New York Times Company v. MICROSOFT CORPORATION et al
Consolidated
Lead case: 1:25-md-03143
Lead case: 1:25-md-03143
| New York Southern District Court | |
| Judge: | Sidney H Stein |
| Referred: | Ona T Wang |
| Case #: | 1:23-cv-11195 |
| Nature of Suit | 820 Property Rights - Copyrights |
| Cause | 17:501 Copyright Infringement |
| Case Filed: | Dec 27, 2023 |
| Last checked: Monday Jun 24, 2024 4:23 AM EDT |
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Defendant
OpenAI GP, LLC
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Defendant
OpenAI Global LLC
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Defendant
OpenAI Holdings, LLC
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Defendant
OpenAI LLC
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Defendant
OpenAI LP
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Defendant
OpenAI OpCo LLC
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Defendant
OpenAI, Inc.
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Defendant
Microsoft Corporation
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Defendant
OAI Corporation, LLC
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Plaintiff
The New York Times Company
620 Eighth Avenue
New York, NY 10018 |
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ThirdParty Plaintiff
Ta-Nehisi Coates
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ThirdParty Plaintiff
Junot Daz
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ThirdParty Plaintiff
Christopher Golden
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ThirdParty Plaintiff
Andrew Sean Greer
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ThirdParty Plaintiff
David Henry Hwang
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ThirdParty Plaintiff
Richard Kadrey
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ThirdParty Plaintiff
Matthew Klam
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ThirdParty Plaintiff
Laura Lippman
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ThirdParty Plaintiff
Sarah Silverman
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ThirdParty Plaintiff
Rachel Louise Snyder
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ThirdParty Plaintiff
Paul Tremblay
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ThirdParty Plaintiff
Ayelet Waldman
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ThirdParty Plaintiff
Jacqueline Woodson
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ThirdParty Plaintiff
Michael Chabon
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| Docket last updated: 1 hours ago |
| Monday, May 12, 2025 | ||
| 548 | 548
order
Scheduling Order
Mon 05/12 3:20 PM
ORDER: The Court is in receipt of the News Plaintiffs' supplemental letter, (ECF 21-1), Defendants' response at ECF 24, and the News Plaintiffs' letter at ECF 29 (see also ECF 28). The Court will hold an In-Person Status Conference for all actions under 25-md-3143 regarding potential spoliation motions for the deletion of output log data on May 27, 2025, at 2:30 p.m. in Courtroom 20D, 500 Pearl Street, New York, NY 10007. The parties may submit supplemental briefing related to the deletion of output log data only, in accordance with the following schedule: (1) the News Plaintiffs' supplemental letter is due by Friday, May 16, 2025, and (2) Defendants' supplemental opposition is due by Friday, May 23, 2025. The parties' supplemental briefing is limited to 10 pages. Status Conference set for 5/27/2025 at 02:30 PM in Courtroom 20D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Ona T. Wang. (Signed by Magistrate Judge Ona T. Wang on 5/12/2025) Filed In Associated Cases: 1:25-md-03143-SHS-OTW, 1:23-cv-11195-SHS-OTW (rro) |
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| 547 | 547
motion
Seal
Mon 05/12 1:22 PM
MOTION to Seal Plaintiffs' Supplemental Letter regarding OpenAIs destruction of output log data . Document filed by Chicago Tribune Company, LLC, DP Media Network, LLC, Daily News LP, Northwest Publications, LLC, ORB Publishing, LLC, Orlando Sentinel Communications Company, LLC, San Jose Mercury-News, LLC, Sun-sentinel Company, LLC, The Center for Investigative Reporting, Inc., The New York Times Company, The New York Times Company.Filed In Associated Cases: 1:25-md-03143-SHS-OTW, 1:23-cv-11195-SHS-OTW.(Lieberman, Steven) |
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| 546 | 546
respm
Reply to Response to Motion
Mon 05/12 1:05 PM
LETTER REPLY to Response to Motion addressed to Magistrate Judge Ona T. Wang from Steven Lieberman, Ian B. Crosby and Matt Topic dated May 12, 2025 re: (379 in 1:23-cv-11195-SHS-OTW) LETTER MOTION to Compel OpenAI to To preserve output log data on a going-forward basis addressed to Magistrate Judge Ona T. Wang from Steven Lieberman and Ian Crosby dated January 13, 2025., (483 in 1:23-cv-11195-SHS-OTW) LETTER MOTION to Compel OpenAI to identify destroyed output logs addressed to Magistrate Judge Ona T. Wang from Steven Lieberman and Ian Crosby dated March 25, 2025. . Document filed by Chicago Tribune Company, LLC, DP Media Network, LLC, Daily News LP, Northwest Publications, LLC, ORB Publishing, LLC, Orlando Sentinel Communications Company, LLC, San Jose Mercury-News, LLC, Sun-sentinel Company, LLC, The Center for Investigative Reporting, Inc., The New York Times Company, The New York Times Company.Filed In Associated Cases: 1:25-md-03143-SHS-OTW, 1:23-cv-11195-SHS-OTW.(Lieberman, Steven) |
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Att: 1
Affidavit J. Maisel Declaration,
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Att: 2
Exhibit A - March 31, 2025, letter Elana Nightingale Dawson sent on behalf of OpenAI to J. Maisel,
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Att: 3
Exhibit B - April 30, 2025, email chain between counsel for News Plaintiffs and counsel for OpenAI.,
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Att: 4
Exhibit C - Dr. Lillian Dais declaration describing her and her teams review and analysis of OpenAIs output log metadata,
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Att: 5
Exhibit D - April 2, 2025, letter J. Maisel sent on behalf of News Plaintiffs to Elana Nightingale Dawson, counsel for OpenAI
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| 545 | 545
respm
Reply to Response to Motion
Mon 05/12 12:44 PM
***EX-PARTE***LETTER REPLY to Response to Motion addressed to Magistrate Judge Ona T. Wang from Steven Lieberman, Ian B. Crosby and Matt Topic dated May 12, 2025 re: (379 in 1:23-cv-11195-SHS-OTW) LETTER MOTION to Compel OpenAI to To preserve output log data on a going-forward basis addressed to Magistrate Judge Ona T. Wang from Steven Lieberman and Ian Crosby dated January 13, 2025., (483 in 1:23-cv-11195-SHS-OTW) LETTER MOTION to Compel OpenAI to identify destroyed output logs addressed to Magistrate Judge Ona T. Wang from Steven Lieberman and Ian Crosby dated March 25, 2025. . Document filed by Chicago Tribune Company, LLC, DP Media Network, LLC, Daily News LP, Northwest Publications, LLC, ORB Publishing, LLC, Orlando Sentinel Communications Company, LLC, San Jose Mercury-News, LLC, Sun-sentinel Company, LLC, The Center for Investigative Reporting, Inc., The New York Times Company, The New York Times Company.Filed In Associated Cases: 1:25-md-03143-SHS-OTW, 1:23-cv-11195-SHS-OTWMotion or Order to File Under Seal:540 .(Lieberman, Steven) |
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Att: 1
Affidavit J. Maisel Declaration,
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Att: 2
Exhibit A - March 31, 2025, letter Elana Nightingale Dawson sent on behalf of OpenAI to J. Maisel,
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Att: 3
Exhibit B - April 30, 2025, email chain between counsel for News Plaintiffs and counsel for OpenAI.,
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Att: 4
Exhibit - Dr. Lillian Dais declaration describing her and her teams review and analysis of OpenAIs output log metadata,
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Att: 5
Exhibit D - April 2, 2025, letter J. Maisel sent on behalf of News Plaintiffs to Elana Nightingale Dawson, counsel for OpenAI
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| 544 | 544
respm
Reply to Response to Motion
Mon 05/12 12:23 PM
LETTER REPLY to Response to Motion addressed to Magistrate Judge Ona T. Wang from Steven Lieberman, Ian B. Crosby and Matt Topic dated May 12, 2025 re: (379 in 1:23-cv-11195-SHS-OTW) LETTER MOTION to Compel OpenAI to To preserve output log data on a going-forward basis addressed to Magistrate Judge Ona T. Wang from Steven Lieberman and Ian Crosby dated January 13, 2025., (483 in 1:23-cv-11195-SHS-OTW) LETTER MOTION to Compel OpenAI to identify destroyed output logs addressed to Magistrate Judge Ona T. Wang from Steven Lieberman and Ian Crosby dated March 25, 2025. . Document filed by Chicago Tribune Company, LLC, DP Media Network, LLC, Daily News LP, ORB Publishing, LLC, Orlando Sentinel Communications Company, LLC, San Jose Mercury-News, LLC, Sun-sentinel Company, LLC, The Center for Investigative Reporting, Inc., The New York Times Company, The New York Times Company.Filed In Associated Cases: 1:25-md-03143-SHS-OTW, 1:23-cv-11195-SHS-OTW.(Lieberman, Steven) |
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Att: 1
Affidavit J. Masisel Declaration,
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Att: 2
Exhibit A - March 31, 2025, letter Elana Nightingale Dawson sent on behalf of OpenAI to me,
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Att: 3
Exhibit B - April 30, 2025, email chain between counsel for News Plaintiffs and counsel for OpenAI.,
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Att: 4
Exhibit C - Dr. Lillian Dais declaration describing her and her teams review and analysis of OpenAIs output log metadata,
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Att: 5
Exhibit D - April 2, 2025, letter I sent on behalf of News Plaintiffs to Elana Nightingale Dawson, counsel for OpenAI
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| Friday, May 09, 2025 | ||
| 543 | 543
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order
Order on Motion to Seal
Fri 05/09 6:30 PM
MEMO ENDORSEMENT granting (21) in case 1:25-md-03143-SHS-OTW ENDORSEMENT: Application GRANTED. Plaintiffs may file their supplemental letter to Judge Wang on the docket. Any sealing motions related to plaintiffs' letter should be addressed to Judge Wang. SO ORDERED. (Signed by Judge Sidney H. Stein on 5/9/2025) Filed In Associated Cases: 1:25-md-03143-SHS-OTW, 1:23-cv-11195-SHS-OTW (jca) Modified on 5/9/2025 (jca). Modified on 5/10/2025 (lab). |
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| 542 | 542
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order
Order ~Util - Set Hearings
Fri 05/09 3:49 PM
ORDER: The Court will hold an In-Person Discovery Status Conference for all actions under 25-md-3143 on May 27, 2025, at 9:30 a.m. in Courtroom 20D, 500 Pearl Street, New York, NY 10007. The parties to each case or consolidated case are directed to file a joint dispute chart by May 20, 2025. For any parties new to this Court, joint dispute charts should identify: (1) the relevant dispute, (2) each party's position in no more than two short paragraphs,1 (3) the relevant ECF numbers for such dispute (including oppositions and replies), and (4) hyperlinks2 to relevant ECF filings cited. As the Court has noted before, (see, e.g., Case No. 23-cv-8292, ECF 321), the parties should NOT include any "issues" for which the parties have not fully engaged in the meet and confer process; any such disputes will be denied outright. The parties are encouraged to refer to previous joint dispute charts filed in Case Nos. 23-cv-8292 and 23-cv-11195 for formatting. (See, e.g., 23-cv-8292, ECF No. 397; 23-cv-11195, ECF No. 518). The Court will issue a separate order regarding the News Plaintiffs' supplemental letter re: potential spoliation of output log data. SO ORDERED. ( Discovery Hearing set for 5/27/2025 at 09:30 AM in Courtroom 20D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Ona T. Wang.) (Signed by Magistrate Judge Ona T. Wang on 5/9/2025) Filed In Associated Cases: 1:25-md-03143-SHS-OTW et al. (jjc) |
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| 541 | 541
misc
Letter
Fri 05/09 12:07 AM
LETTER addressed to Judge Sidney H. Stein from Elana Nightingale Dawson, Edward A. Bayley, and Joseph C. Gratz dated May 8, 2025 re: Letter Response to News Plaintiffs' Request for Permission to File Supplemental Letter Regarding Certain Private User Conversation Data (ECF 21). Document filed by OAI Corporation, LLC, OpenAI GP, LLC, OpenAI Global LLC, OpenAI Holdings, LLC, OpenAI LP, OpenAI OpCo LLC, OpenAI, Inc., OpenAI, LLC.Filed In Associated Cases: 1:25-md-03143-SHS-OTW, 1:23-cv-11195-SHS-OTW.(Nightingale Dawson, Elana) |
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| Wednesday, May 07, 2025 | ||
| 540 | 540
motion
Seal
Wed 05/07 7:37 PM
MOTION to Seal Request for Permission to File Supplemental Letter . Document filed by Chicago Tribune Company, LLC, DP Media Network, LLC, Daily News LP, ORB Publishing, LLC, San Jose Mercury-News, LLC, Sun-sentinel Company, LLC, The Center for Investigative Reporting, Inc., The New York Times Company, The New York Times Company.Filed In Associated Cases: 1:25-md-03143-SHS-OTW, 1:23-cv-11195-SHS-OTW.(Lieberman, Steven) |
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| 539 | 539
misc
Letter
Wed 05/07 6:59 PM
***EX-PARTE*** LETTER addressed to Judge Sidney H. Stein from Steven Lieberman, Ian B. Crosby and Matt Topic dated 05/07/2025 re: Requesting Permission to File Supplemental Letter. Document filed by Chicago Tribune Company, LLC, DP Media Network, LLC, Daily News LP, Northwest Publications, LLC, ORB Publishing, LLC, San Jose Mercury-News, LLC, The Center for Investigative Reporting, Inc., The New York Times Company, The New York Times Company.Filed In Associated Cases: 1:25-md-03143-SHS-OTW, 1:23-cv-11195-SHS-OTWMotion or Order to File Under Seal:127 .(Lieberman, Steven) |
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Att: 1
Exhibit 1 - Letter to Hon. Ona T. Wang
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| 538 | 538
misc
Letter
Wed 05/07 6:31 PM
LETTER addressed to Judge Sidney H. Stein from Steven Lieberman, Ian B. Crosby and Matt Topic dated 05/07/2025 re: Requesting Permission to File Supplemental Letter. Document filed by Chicago Tribune Company, LLC, DP Media Network, LLC, Daily News LP, Northwest Publications, LLC, ORB Publishing, LLC, San Jose Mercury-News, LLC, Sun-sentinel Company, LLC, The Center for Investigative Reporting, Inc., The New York Times Company, The New York Times Company.Filed In Associated Cases: 1:25-md-03143-SHS-OTW, 1:23-cv-11195-SHS-OTW.(Lieberman, Steven) |
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Att: 1
Exhibit 1 - Letter to Hon. Ona T. Wang
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| 537 | 537
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order
Order on Motion to Adjourn Conference
Wed 05/07 5:50 PM
ORDER denying (18) Letter Motion to Adjourn Conference in case 1:25-md-03143-SHS-OTW. OpenAIs request for an adjournment of the initial case management conference scheduled for May 22 at 10:00 a.m. [Doc. No. 18] is denied. Mr. Van Nest may appear by MS Teams as long as OpenAI has an attorney in the courtroom with authority to speak on behalf of OpenAI. SO ORDERED. (Signed by Judge Sidney H. Stein on 5/7/2025) Filed In Associated Cases: 1:25-md-03143-SHS-OTW et al. (jca) |
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| Tuesday, May 06, 2025 | ||
| 536 | 536
motion
Adjourn Conference
Tue 05/06 7:51 PM
LETTER MOTION to Adjourn Conference Scheduled for May 22, 2025 by OpenAI addressed to Judge Sidney H. Stein from Robert A. Van Nest, Herman Yue, and Joseph C. Gratz dated May 6, 2025. Document filed by OpenAI Inc., OpenAI OpCo LLC, OAI Corporation LLC, OAI Corporation, LLC, OpenAI GP LLC, OpenAI GP, LLC, OpenAI Global LLC, OpenAI Global, L.L.C., OpenAI Holdings LLC, OpenAI Holdings, LLC, OpenAI LLC, OpenAI LP, OpenAI OpCo LLC(a Delaware limited liability corporation), OpenAI OpCo, L.L.C., OpenAI Startup Fund GP I LLC, OpenAI Startup Fund GP I LLC(a Delaware limited liability company), OpenAI Startup Fund I LP, OpenAI Startup Fund I LP(a Delaware limited partnership), OpenAI Startup Fund Management LLC, OpenAI Startup Fund Management LLC(a Delaware limited liability company), OpenAI, Inc., OpenAI, Inc. Copyright Infringement Litigation, OpenAI, LLC, OpenAI GP LLC, OpenAI Inc., OpenAI LP(a Delaware limited partnership).Filed In Associated Cases: 1:25-md-03143-SHS-OTW et al..(Van Nest, Robert) |
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Att: 1
Exhibit A
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| 535 | 535
motion
Appear Pro Hac Vice
Tue 05/06 3:14 PM
MOTION for Brian M. Kramer to Appear Pro Hac Vice . 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 Inc., OpenAI LP, OpenAI OpCo LLC, OpenAI Startup Fund GP I LLC, OpenAI Startup Fund I LP, OpenAI Startup Fund Mangement, LLC.Filed In Associated Cases: 1:25-md-03143-SHS-OTW et al..(Kramer, Brian) |
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Att: 1
Exhibit A-Certificate of Good Standing,
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Att: 2
Affidavit of Brian M. Kramer,
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Att: 3
Proposed Order Granting Brian Kramer PHV Admission
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misc
Notice Regarding Deficient Motion to Appear Pro Hac Vice
Tue 05/06 9:53 AM
>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. (16 in 1:25-md-03143-SHS-OTW) MOTION for Brian M. Kramer to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number NYSDC-31034919. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): Affidavit must be stamped and notarized;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. Filed In Associated Cases: 1:25-md-03143-SHS-OTW et al.(rju) |
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misc
Notice Regarding Pro Hac Vice Motion
Tue 05/06 3:29 PM
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. (535 in 1:23-cv-11195-SHS-OTW, 160 in 1:24-cv-01515-SHS-OTW, 45 in 1:25-cv-03291-SHS-OTW, 413 in 1:23-cv-08292-SHS-OTW, 17 in 1:25-md-03143-SHS-OTW, 77 in 1:25-cv-03297-SHS-OTW, 144 in 1:24-cv-01514-SHS-OTW) MOTION for Brian M. Kramer to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. Filed In Associated Cases: 1:25-md-03143-SHS-OTW et al.(rju) |
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| Monday, May 05, 2025 | ||
| 534 | 534
motion
Appear Pro Hac Vice
Mon 05/05 8:24 PM
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Brian M. Kramer to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number NYSDC-31034919. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by OpenAI GP, LLC, OpenAI Global LLC, OpenAI Holdings, LLC, OpenAI, Inc., OpenAI GP LLC, OpenAI Inc., OpenAI LP, OpenAI OpCo LLC, OpenAI Startup Fund GP I LLC, OpenAI Startup Fund I LP, OpenAI Startup Fund Mangement, LLC.Filed In Associated Cases: 1:25-md-03143-SHS-OTW et al..(Kramer, Brian) Modified on 5/6/2025 (rju). |
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Att: 1
Exhibit A - Certificate of Good Standing,
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Att: 2
Affidavit Affidavit of Brian M. Kramer,
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Att: 3
Proposed Order Proposed Order
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| 533 | 533
notice
Notice of Appearance
Mon 05/05 8:06 PM
NOTICE OF APPEARANCE by Drew Alan Hillier on behalf of OAI Corporation, LLC, OpenAI GP, LLC, OpenAI Global LLC, OpenAI Holdings, LLC, OpenAI, Inc., OpenAI, LLC, OpenAI LP, OpenAI OpCo LLC, OpenAI Startup Fund GP I LLC, OpenAI Startup Fund I LP, OpenAI Startup Fund Mangement, LLC. Filed In Associated Cases: 1:25-md-03143-SHS-OTW et al..(Hillier, Drew) |
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