Andersen et al v. Stability AI Ltd. et al

Filing 28

STIPULATION WITH PROPOSED ORDER Regarding Stability AI and Midjourney's Deadline to Respond to Complaint and Related Briefing Schedule filed by Sarah Andersen, Kelly McKernan, Karla Ortiz, Midjourney, Inc., Stability AI Ltd., Stability AI, Inc. (Saveri, Joseph) (Filed on 2/3/2023) Modified on 2/6/2023 (cjl, COURT STAFF).

Case 3:23-cv-00201-WHO Document 28 Filed 02/03/23 Page 1 of 7

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Joseph R. Saveri (State Bar No. 130064)
Cadio Zirpoli (State Bar No. 179108)
Christopher K.L. Young (State Bar No. 318371)
Elissa A. Buchanan (State Bar No. 249996)
Travis Manfredi (State Bar No. 281779)
JOSEPH SAVERI LAW FIRM, LLP
601 California Street, Suite 1000
San Francisco, California 94108
Telephone: [phone]
Facsimile:
[phone]
Email:
[e-mail]
[e-mail]
[e-mail]
[e-mail]
[e-mail]
Matthew Butterick (State Bar No. 250953)
1920 Hillhurst Avenue, #406
Los Angeles, CA 90027
Telephone: [phone]
Facsimile:
[phone]
Email:
[e-mail]
Counsel for Individual and Representative
Plaintiffs and the Proposed Class

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION

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Case No. 3:23-cv-00201-WHO

ANDERSEN, et al.,
Individual and Representative Plaintiffs,
v.

STIPULATION AND [PROPOSED]
ORDER REGARDING STABILITY AI AND
MIDJOURNEY'S DEADLINE TO
RESPOND TO COMPLAINT AND
RELATED BRIEFING SCHEDULE

STABILITY AI LTD., et al.,
Defendants.

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WHEREAS, on January 13, 2023, Plaintiffs Sarah Andersen, Kelly McKernan, and Karla

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Ortiz (“Plaintiffs”) filed a Complaint (ECF No. 1) (the “Complaint”) against Defendants

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Stability AI Ltd. and Stability AI, Inc. (collectively, “Stability”); Midjourney, Inc.

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(“Midjourney”); and DeviantArt, Inc. in Andersen, et al. v. Stability AI Ltd., et al., No. 3:23-cv-

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00201-WHO (N.D. Cal.) (the “Action”);

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STIPULATION AND [PROPOSED] ORDER REGARDING STABILITY AI AND MIDJOURNEY’S DEADLINE
TO RESPOND TO COMPLAINT

Case 3:23-cv-00201-WHO Document 28 Filed 02/03/23 Page 2 of 7

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WHEREAS, Plaintiffs caused the Action to be served on Stability AI, Inc. and
Midjourney on January 18, 20231;

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WHEREAS, neither Stability AI, Inc. nor Midjourney have filed an answer or otherwise
responded to the Complaint in the Action;

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WHEREAS, Stability AI, Inc.’s and Midjourney’s responses to the Complaint are
currently due February 8, 2023;

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WHEREAS, Stability AI Ltd. is a UK corporation headquartered in London, England;

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WHEREAS, as of the date of this stipulation, Plaintiffs have not caused the Action to be

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served on Stability AI Ltd.;

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WHEREAS, by operation of Rule 12(a)(1)(A), Fed. R. Civ. P., Stability AI Ltd.’s response

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to the Complaint would be due within twenty-one (21) days after being served or, if service is

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waived, within ninety (90) days after a request for waiver of service was sent;

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WHEREAS, counsel for Plaintiffs, and counsel for Midjourney and Stability have met and

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conferred and agreed that both public and private interests will be served by aligning Midjourney

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and Stability’s response deadlines and establishing a reasonable briefing schedule for any initial

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motion(s) these entities may elect to file pursuant to Fed. R. Civ. P. 12;

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WHEREAS, Stability and Midjourney do not waive, and expressly reserve, all available
defenses;

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WHEREAS, to the parties’ knowledge, no related actions have been filed in the United
States against Midjourney or Stability; and

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WHEREAS, Stability and Midjourney have each agreed that, if a related complaint is filed

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against it, that entity will not respond to that complaint prior to responding to the Complaint in

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this Action.

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NOW THEREFORE, the parties, through their undersigned counsel, hereby stipulate
and agree, that, subject to the approval of the Court:

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Defendant DeviantArt, Inc. was also served on January 18, 2023, but has not contacted
Plaintiffs as of the date of this filing.
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STIPULATION AND [PROPOSED] ORDER REGARDING STABILITY AI AND MIDJOURNEY’S
DEADLINE TO RESPOND TO COMPLAINT

Case 3:23-cv-00201-WHO Document 28 Filed 02/03/23 Page 3 of 7

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1.

The deadline for and Midjourney; Stability AI, Inc.; and Stability AI Ltd. to

respond to the Complaint shall be extended to April 18, 2023.
2.

Plaintiffs’ opposition to any motion(s) filed by Stability and/or Midjourney in

response to the Complaint shall be due on June 2, 2023.

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3.

Any reply in support of any such motion(s) shall be due on July 3, 2023.

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4.

If Midjourney; Stability AI, Inc.; and/or Stability AI Ltd. is served with any

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subsequently filed lawsuit in any Federal or state court in the United States regarding Stable

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Diffusion, DreamStudio, or any other AI Image Products (as defined in the Complaint) or a

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lawsuit that is otherwise related to this action, each agrees that it will respond to the Complaint in

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this action prior to responding to any complaint filed in any such lawsuit, which shall be on or

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before April 18, 2023.

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PURSUANT TO STIPULATION, AND GOOD CAUSE APPEARING, IT IS SO

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ORDERED.

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Dated:
Honorable William H. Orrick
United States District Judge

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STIPULATION AND [PROPOSED] ORDER REGARDING STABILITY AI AND MIDJOURNEY’S
DEADLINE TO RESPOND TO COMPLAINT

Case 3:23-cv-00201-WHO Document 28 Filed 02/03/23 Page 4 of 7

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Dated: February 3, 2023

By:

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/s/ Joseph R. Saveri
Joseph R. Saveri

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Joseph R. Saveri (State Bar No. 130064)
Cadio Zirpoli (State Bar No. 179108)
Christopher K.L. Young (State Bar No. 318371)
Elissa A. Buchanan (State Bar No. 249996)
Travis Manfredi (State Bar No. 281779)
JOSEPH SAVERI LAW FIRM, LLP
601 California Street, Suite 1000
San Francisco, California 94108
Telephone:
[phone]
Facsimile:
[phone]
Email:
[e-mail]
[e-mail]
[e-mail]
[e-mail]
[e-mail]
Counsel for Plaintiffs and the Proposed Class

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STIPULATION AND [PROPOSED] ORDER REGARDING STABILITY AI AND MIDJOURNEY’S
DEADLINE TO RESPOND TO COMPLAINT

Case 3:23-cv-00201-WHO Document 28 Filed 02/03/23 Page 5 of 7

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Dated: February 3, 2023

By:

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/s/ Mark A. Lemley
Mark A. Lemley

Mark A. Lemley (State Bar No. 155830)
LEX LUMINA PLLC
745 Fifth Avenue, Suite 500
New York, NY 10151
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Nicole M. Jantzi (pending pro hac vice)
Paul M. Schoenhard (pending pro hac vice)
FRIED, FRANK, HARRIS, SHRIVER
& JACOBSON LLP
801 17th Street NW
Washington, DC 20006
Telephone: [phone]
Email: [e-mail]
[e-mail]
Michael C. Keats (pending pro hac vice)
Amir R. Ghavi (pending pro hac vice)
FRIED, FRANK, HARRIS, SHRIVER
& JACOBSON LLP
One New York Plaza
New York, NY 10004
Telephone: [phone]
Email: [e-mail]
[e-mail]
Counsel for Defendants Stability AI, Inc.
and Stability AI Ltd.

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STIPULATION AND [PROPOSED] ORDER REGARDING STABILITY AI AND MIDJOURNEY’S
DEADLINE TO RESPOND TO COMPLAINT

Case 3:23-cv-00201-WHO Document 28 Filed 02/03/23 Page 6 of 7

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Dated: February 3, 2023

By:

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/s/ Angela L. Dunning
Angela L. Dunning

COOLEY LLP
ANGELA L. DUNNING (212047)
[e-mail]
3175 Hanover Street
Palo Alto, California 94304-1130
Telephone: [phone]
Facsimile:
[phone]
JUDD D. LAUTER (290945)
[e-mail]
3 Embarcadero Center, 20th Floor
San Francisco, CA 94111
Telephone: [phone]
Facsimile:
[phone]
Counsel for Defendant
Midjourney, Inc.

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STIPULATION AND [PROPOSED] ORDER REGARDING STABILITY AI AND MIDJOURNEY’S
DEADLINE TO RESPOND TO COMPLAINT

Case 3:23-cv-00201-WHO Document 28 Filed 02/03/23 Page 7 of 7

SIGNATURE ATTESTATION

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Pursuant to Local Rule 5-1(h)(3), I attest under penalty of perjury that concurrence in the
filing of this document has been obtained from any other signatory to this document.

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Dated: February 3, 2023

By:

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/s/ Joseph R. Saveri
Joseph R. Saveri

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STIPULATION AND [PROPOSED] ORDER REGARDING STABILITY AI AND MIDJOURNEY’S
DEADLINE TO RESPOND TO COMPLAINT