Andersen et al v. Stability AI Ltd. et al

Filing 63

ORDER REGARDING REQUEST FOR DISCOVERY STAY re 62 Brief and 60 Joint ADMINISTRATIVE MOTION Continue Case Management Conference. Signed by Judge William H. Orrick on 04/26/2023. (jmd, COURT STAFF) (Filed on 4/26/2023)

Case 3:23-cv-00201-WHO Document 63 Filed 04/26/23 Page 1 of 2

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SARAH ANDERSEN, et al.,
Plaintiffs,

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United States District Court
Northern District of California

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Case No. 23-cv-00201-WHO
ORDER REGARDING REQUEST FOR
DISCOVERY STAY

v.
STABILITY AI LTD., et al.,

Re: Dkt. Nos. 60, 62

Defendants.
Defendants jointly moved to request a continuance of the initial Case Management

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Conference as well as a stay of deadlines, including discovery obligations, until after the

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defendants’ motions to dismiss and defendant Deviant Art’s special motion to strike under

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California’s anti-SLAPP law (Code of Civil Procedure § 425.16, joined by the other defendants)

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were heard. Dkt. No. 60.

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Plaintiffs oppose that motion, arguing it was improper for defendants to seek a continuance

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of the CMC and a stay of discovery through an administrative motion. Dkt. No. 62. More

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substantively, plaintiffs argue that discovery should not be stayed considering the anti-SLAPP

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motion entitles plaintiffs to take discovery necessary to oppose that motion. Id.

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Considering the arguments made, the Case Management Conference has been continued to

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and will remain set for August 29, 2023. The related obligations, including Rule 26(f)

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requirements, are likewise continued.

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Having preliminarily reviewed Deviant Art’s anti-SLAPP motion, it appears to be a facial

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challenge to plaintiffs’ complaint and not a factual challenge that would necessitate the taking of

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discovery from defendants. However, the parties are directed to meet and confer regarding any

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discovery plaintiffs identify as necessary for them to oppose any factual challenges raised in

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Deviant Art’s anti-SLAPP motion. If the parties cannot reach agreement, they may submit a joint

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letter pursuant to my Standing Order regarding discovery disputes and I will consider the

Case 3:23-cv-00201-WHO Document 63 Filed 04/26/23 Page 2 of 2

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arguments raised.
IT IS SO ORDERED.
Dated: April 26, 2023

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William H. Orrick
United States District Judge

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United States District Court
Northern District of California

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