Andersen et al v. Stability AI Ltd. et al

Filing 121

Minute Entry for proceedings held before Judge William H. Orrick: Case Management Conference held on 11/7/2023. Motion Hearing set for 4/10/2024 02:00 PM via Videoconference. Total Time in Court: 11 minutes. Court Reporter: Jennifer Coulthard. (jmd, COURT STAFF) (Date Filed: 11/7/2023)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
CIVIL MINUTES
Date: November 7, 2023
Case No.: 23-cv-00201-WHO

Time: 11 minutes
Judge: WILLIAM H. ORRICK
2:15 p.m. to 2:26 p.m.
Case Name: Andersen v. Stability AI Ltd.

Attorneys for Plaintiff:

Joseph R. Saveri and Matthew Butterick,

Attorneys for Stability:

Paul M. Schoenhard and Nicole M. Jantzi

Attorney for Deviant Art: Andrew M. Gass
Attorney for Midjourney: Angela L. Dunning

Deputy Clerk: Jean Davis

Court Reporter: Jennifer Coulthard

PROCEEDINGS
Case Management Conference conducted via videoconference. The parties and Court discuss
discovery. The Court agrees to the issuance of third party subpoenas to ensure preservation of
evidence as long as the third party is notified that service at this time is solely for preservation
purposes, that production is not required yet and that any litigation over protective
orders/motions to quash must await resolution of the next round of pleadings motions and further
order of the Court.
Counsel for Stability asks for clarification regarding the viability of certain theories asserted
regarding direct infringement. The Court has determined that plaintiff has a plausible cause of
action for direct infringement and will not rule on theories that plaintiff may assert within that
cause of action against Stability until a later stage of the case. Stability has correctly identified
portions of the Order that indicate the challenge for plaintiff in succeeding on those theories.
Schedule for Amended Complaint/Motions adopted as follows:
November 29, 2023
January 12, 2024
February 23, 2024
March 22, 2024
April 10, 2024

Amended Complaint to be filed
Motions to Dismiss (or answers) due
Oppositions to motions due
Replies to oppositions due
Hearing on Motion to Dismiss set for 2:00 p.m.