Judge Alsup granted in part the defendant Anthropic’s request to alter the scheduling order, but rejected its request to make the summary judgment motion on fair use defense come before the potential class certification.
Instead, Judge Alsup made them simultaneous: “Court ordered the following deadlines, modifying 49 Case Management Scheduling Order:Motion for Class Certification, opening brief due 3/27/2025 (49-day track); Motion for Summary Judgment (only as to fair use affirmative defense), opening brief due 3/27/2025 (49-day track).”
Plus, Judge Alsup warned that Anthropic could lose their right to file the summary judgment motion on fair use on this schedule if they violated their discovery agreement with the plaintiffs: “Parties stated discovery matters were resolved shortly before this morning’s hearing. Court advised plaintiffs to inform Court if defendant violates their agreement resolving discovery dispute. Any such violation may result in forfeiture of opportunity to bring summary judgment motion on fair use on timeline above.”