Authors Guild et al v. OpenAI Inc. et al

Filing 70

ORDER APPOINTING LIEFF CABRASER HEIMANN & BERNSTEIN, LLP, SUSMAN GODFREY L.L.P., AND COWAN DEBAETS ABRAHAMS & SHEPPHARD LLP AS INTERIM CO-LEAD COUNSEL FOR THE FICTION AND NONFICTION AUTHORS' CLASSES Having considered the Motion, and the material s submitted in support thereof, and no party having opposed the motion, the Motion is GRANTED. IT IS HEREBY ORDERED THAT: 1. Pursuant to Federal Rule of Civil Procedure 23(g)(3), the Court designates the law firms Lieff Cabraser Heimann & Bernstein , LLP, Susman Godfrey L.L.P., and Cowan Debaets Abrahams & Sheppard, LLP as Interim Co-Lead Class Counsel in these actions to act on behalf of the Fiction Authors Class and Non-fiction Authors Class as alleged in the First Consolidated Class Action Complain filed in these actions. 2. Interim Co-Lead Class Counsel shall be generally responsible for coordinating activities during pretrial proceedings and shall: a. Determine and present (in briefs, oral argument, or other fashion as may be app ropriate, personally or by a designee) to the court and opposing parties the position of the Plaintiffs and proposed class(es) on all matters arising during pretrial proceedings; b. Coordinate the conduct of discovery on behalf of Plaintiffs and the proposed classes consistent with the requirements of Federal Rule of Civil Procedure 26, including preparation of interrogatories and requests for production of documents and the examination of witnesses in depositions; c. Conduct settlement negotiat ions on behalf of Plaintiffs and the proposed classes; d. Enter into stipulations with opposing counsel as necessary for the conduct of the litigation; and e. Perform such other duties as may be incidental to the proper coordination of pretrial activ ities or authorized by future order of Court. 3. This Order shall apply to each related class action pending or subsequently filed in or transferred to the United States District Court for the Southern District of New York. (Signed by Judge Sidney H. Stein on 2/6/2024) Filed In Associated Cases: 1:23-cv-08292-SHS, 1:23-cv-10211-SHS (jca)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

AUTHORS GUILD, DAVID BALDACCI, MARY
BLY, MICHAEL CONNELLY, SYLVIA DAY,
JONATHAN FRANZEN, JOHN GRISHAM, ELIN
HI LDERBRAND, CHRISTINA BAKER KLINE,
MAY A SHANBHAG LANG, VICTOR LA VALLE,
GEORGE R.R. MARTIN, JODI PICOULT,
DOUGLAS PRESTON, ROXANA ROBINSON,
GEORGE SAUNDERS, SCOTT TUROW, and
RACHEL VAIL, individually and on behalf of others
similarly situated,
Plaintiffs,
V.

OPENAI INC., OPENAI OPCO LLC, OPENAI GP
LLC, OPENAILLC, OPENAIGLOBALLLC, OAI
CORPORATION LLC, OPEN AI HOLDINGS LLC,
OPENAI STARTUP FUND I LP, OPENAI
STARTUP FUND GP I LLC,OPENAI STARTUP
FUND MANAGEMENT LLC, and MICROSOFT
CORPORATION,
Defendants.
[caption continues on next page]
JONA THAN ALTER, KAI BIRD, TAYLOR
BRANCH, RICH COHEN, EUGENE LINDEN,
DANIEL OKRENT, JULIAN SANCTON,
HAMPTON SIDES, STACY SCHIFF, JAMES
SHAPIRO, JIA TOLENTINO, and SIMON
WINCHESTER, on behalf of themselves and all
others similarly situated,
Plaintiffs,
V.

OPENAI, INC., OPENAI GP, LLC, OPENAI, LLC,
OPENAI OPCO LLC, OPENAI GLOBAL LLC,
OAI CORPORATION, LLC, OPENAI HOLDINGS,
LLC, and MICROSOFT CORPORATION,
Defendants.

Case No. 1:23-cv-08292-SHS;
Case No. 1:23-cv-10211-SHS

~ R D E R APPOINTING
LIEFF CABRASER HEIMANN &
BERNSTEIN, LLP, SUSMAN
GODFREY L.L.P., AND COWAN
DEBAETS ABRAHAMS &
SHEPPHARD LLP AS INTERIM COLEAD COUNSEL FOR THE FICTION
AND NONFICTION AUTHORS'
CLASSES

Appoint Lieff Cabraser Heimann & Bern ein, LLP, Susman Godfrey L.L.P. , and Cowan DeBaets
Abrahams & Sheppard, LLP as Interim Co-Lead Counsel for the Fiction and Non-Fiction Authors '
Classes in the above-~ ;d~ }t nz!l.=g considered ~ ~~ the materials submitted

in support thereof,~ e Motio:[;"Gfu\Nn ,6.

~

IT IS HEREBY ORDERED THAT:
1. Pursuant to Federal Rule of Civil Procedure 23(g)(3), the Court designates the law
firms LieffCabraser Heimann & Bernstein~

an Godfrey L.L.P ., and Cowan

DeBaets Abrahams & Sheppard, L~t ( ~erim Co-Lead Class Counsel in th~

2.

1tfif_,g~~'ffi:~~

~ sfai{::;~

Interim Co-Lead Class Counsel shall be generally responsible fo( ~~ordinating

activities during pretrial proceedings and shall:
a. Determine and present (in briefs, oral argument, or other fashion as may be
appropriate, personally or by a designee) to the court and opposing parties the
position of the Plaintiffs and proposed class(es) on all matters arising during
pretrial proceedings;
b. Coordinate the conduct of discovery on behalf of Plaintiffs and the proposed
classes consistent with the requirements of Federal Rule of Civil Procedure 26,
including preparation of interrogatories and requests for production of
documents and the examination of witnesses in depositions ;
c. Conduct settlement negotiations on behalf of Plaintiffs and the proposed
classes;
d. Enter into stipulations with opposing counsel as necessary for the conduct of
the litigation; and
e. Perform such other duties as may be incidental to the proper coordination of
pretrial activities or authorized by future order of Court.

2

3. This Order shall apply to each related class action pending or subsequently filed in or
transferred to the United States District Court fo
Dated:

~ C, 2024
United States District Judge

3