UPDATED VERSION: Well, it looks like things are not as bad as first reported. Judge Alsup issued an order “postponing”–not denying–approval of the proposed class settlement:
Minute Entry for proceedings held before Judge William Alsup: Motion Hearing re: 363 Motion for Preliminary Approval held on 9/8/2025. Preliminary approval was postponed pending submission of further clarifying information.
The parties shall file the final versions of the Works List and Class List by NOON ON SEPTEMBER 15, and shall file clarifications respecting the Claim Form, claims procedure, and anything else by NOON ON SEPTEMBER 22.
Motion Hearing set for 9/25/2025 01:00 PM in San Francisco, Courtroom 12, 19th Floor before Judge William Alsup.
Total Time in Court: 11:54-12:48 = 54 Minutes. Court Reporter: Kendra Steppler. Plaintiffs’ Attorneys: Justin Nelson, Rachel Geman, Rohit Nath, Daniel Hutchinson, Samuel Issachuoft, Jacob Miller, Jalle Dafa, Elizabeth Cabraser, Samir Doshi, Michael Adamson, J. Craig Smyser.Defendant Attorneys: Joseph Farris, Daralyn Durie, Douglas Winthrop, Jeff Bleich (G.C.), Devon Hanley Cook (D.G.C.).Also Present: Class Plaintiff: Andrea Bartz, Charles Graeber, Kirk W. Johnson.Authors’ Coordination Counsel: Nancy Wolff, Yinka Onayemi.Publishers’ Coordination Counsel: J. Ely Wade-Scott, Matthew Oppenheim.Authors Guild CEO: Mary Rasenberger.Association of American Publishers CEO: Maria Pallante. (This is a text-only entry generated by the court. There is no doc
As first reported by Annelise Levy of Bloomberg Law, Judge Alsup “denied” the motion for preliminary approval of the Bartz book authors’ proposed $1.5 billion settlement at today’s noon hearing in San Francisco. This account was later edited to take into account the Judge’s order, which simply said it was “postponed.” The next hearing is scheduled for September 25.
This ruling was foreshadowed by Judge Alsup’s order yesterday afternoon saying that he was “disappointed” the plaintiffs had not provided important information (e.g., Works List, and Class List). Disappointed is never a word you’d like to hear from a judge.
The settlement is still without preliminary approval unless the plaintiffs come up with all the information and claims process Judge Alsup expects, especially about the logistics of the claims process and ensuring recovery for authors, not “hangers on.”
Judge Alsup reportedly rebuked the plaintiffs’ counsel Justin Nelson for enlisting an “army” of additional outside attorneys for the class settlement, including from Authors Guild and Association of American Publishers. Yesterday, Judge Alsup had strongly recommended that Authors Guild CEO Mary Rasenberger and Association of American Publishers CEO Maria Pallante attend the hearing, which they did. Judge Alsup said the additional outside attorneys recently enlisted won’t be paid out of the settlement funds.WOW again!
Judge Alsup wants the final list of all works by September 15, just a week away! And, then, apparently a revised settlement process by September 22.
From Bloomberg Law’s reporting, apparently Judge Alsup even said he felt “misled” by the proposed settlement in terms of its incompleteness.
It’s unclear if the plaintiffs can assemble all the information that Judge Alsup wants well before October 10 as he indicated in his Sunday order: “including respecting the Works List, the Class List, the Claim Form, and, particularly for works with multiple claimants, the processes for notification (for opt-out, so-called re-inclusion, and claims, whether a given choice is exercised by one, some, or all coclaimants), allocation, and dispute resolution.”
Justin Nelson, the interim lead counsel for the plaintiffs, reportedly tried to reassure Judge Alsup they will.
And, if they are not already, they should assign staff to work 24/7 to gather all the information the court requested, especially the Works List and fill in the details of the claims process in exacting detail as Judge Alsup wanted.
The settlement might still be approved by Judge Alsup if the plaintiffs address the deficiencies in their first proposed settlement. But Anthropic might have to be ready for the possibility that the Dec. 1 trial could be back on if it’s not.
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