After David Boies’ law firm representing the book author plaintiffs in Kadrey v. Meta and lawyers from Lieff Cabraser representing the plaintiff in the newly filed Farnsworth v. Meta asked Judge Chhabria to consolidate the two cases, Meta’s attorneys just filed their opposition.
Bobby Ghajar of Cooley LLP and fellow Meta’s lawyers write to Judge Chhabria:
Kadrey involves a claim for direct copyright infringement by twelve prominent book
authors, including fiction authors like Mr. Farnsworth. The Farnsworth Action adds no new claim or dimension to the case. To the contrary, at the October 4 hearing, Mr. Farnsworth’s counsel confirmed that the claims in the two Actions directly overlap and that the putative class proposed in Farnsworth is a narrower subset of, and thus entirely subsumed by, the putative class in Kadrey. As Mr. Farnsworth would be part of any class that may be certified were this case to survive summary judgment, no legitimate purpose is served by his copycat lawsuit.