Today, Jan. 9, 2025, at 10 AM PDT, Judge Chhabria holds an important hearing on the Kadrey (book authors’) plaintiffs motion for leave to file a Third Amended Complaint to add, again, a DMCA CMI claim and a claim under the California Comprehensive Computer Data Access and Fraud Act (CDAFA) Section 502.
The Kadrey plaintiffs are now represented by the lead interim counsel of the David Boies law firm, which belatedly joined the case after the original law firm, the Joseph Saveri Law Firm, was publicly chastised by Judge Chhabria for failing to prosecute their case.
motion hearing is in-person in San francisco federal court, but audio is accessible online via zoom
Looking at Judge Chhabria’s general information from his webpage (here and here), it appears Thursday is devoted to motions hearing in-person in Courtroom 4 in federal district court in San Francisco: San Francisco Courthouse, Courtroom 4 – 17th Floor, 450 Golden Gate Avenue, San Francisco, CA 94102.
The notice also states that: “Members of the public can listen to audio of all in-person civil
hearings through the Zoom link to Judge Chhabria’s courtroom, which is located on his webpage.” The Zoom link from Judge Chhabria’s webpage is below:
Members of the public can listen to audio of all in-person civil hearings and watch video of all Zoom civil hearings and case management conferences through the Zoom link to Judge Chhabria’s courtroom. Please click the link below to join the hearing. If you are a case participant, you will join as an attendee, then you will be brought into the proceeding by court staff. [REMINDER: The public is prohibited by federal law from recording or rebroadcasting a federal court proceeding. Ed.]
https://cand-uscourts.zoomgov.com/j/1612857657?pwd=WE5Gcm1zS293WU84V0tyd0c2Ulp1UT09
Webinar ID: 161 285 7657
Password: 547298
Join a Webinar by Phone or Other Connection
IMPORTANT NOTE: If you are a case participant (attorney, party, witness, or other person who will actively participate in the hearing), it is strongly recommended that you join Zoom using the Zoom application rather than by a telephone connection. If you must appear by telephone, the numbers posted for each judge are for the public and are listen-only, so you will need to contact the Courtroom Deputy (CRD) at least one business day before the hearing to request a Zoom invitation (which will be sent via email) in order to join the hearing as a case participant.
Phone: (669) 254-5252 or (646) 828-7666
International numbers: https://cand-uscourts.zoomgov.com/u/advFLxrTkx
H.323: 161.199.138.10 (US West) or 161.199.136.10 (US East)
SIP: 1603251030@sip.zoomgov.com
The kadrey plaintiffs’ motion for leave to file third am. complaint
Represented by lead interim class counsel, the David Boies law firm asserts that, even though fact discovery has closed and even though Judge Chhabria has already dismissed DMCA CMI claims, leave is warranted because the plaintiffs allegedly uncovered new evidence during discovery, including from the deposition of Mark Zuckerberg, who supposedly gave damaging testimony that is mentioned in the plaintiffs’ motion in a highly redacted public version.
Meta opposes the motion, disputing the plaintiffs’ characterization and significance of the discovery and their arguments.
One response to “Hearing today before Judge Chhabria on Kadrey plaintiffs’ motion to add DMCA and CA state law claims v. Meta after Mark Zuckerberg deposition”
lawyer: “The use of peer-to-peer networks to take and share online tens of millions of copyrighted literary works by one of the world’s largest companies…”
judge: “Well, I mean… I don’t know if now is the time… there is no jury in the court room, okay? And, you know, I don’t know if you actually have evidence to back up what you just said. So can we just sort of limit ourselves to legal argument and try to avoid the dramatization?”
tl;dl: more depositions coming in order to resolve the ‘seeding’ issue as well as some of the DMCA things, summary judgment remains scheduled for May 1st, facebook objection to court disagreeing with magistrate judge hixson may be resolved through those further depositions as well