The parties in the MLD Litigation involving OpenAI have asked Judge Stein to extend the current schedule by 3 weeks.
That would move the completion of briefing on summary judgment from October 16 to November 6.
One would expect a hearing on the motions. So it would make it less likely for any decision on summary judgment in 2026.
The current calendar of cases that might decide summary judgment next:
- July 8, 2026 – In re Google Gen AI Litigation last day to file SJ motion (Judge Lee); last day to hear SJ motions Sept. 11, 2026, at 1:30 PM (see ECF No. 199) [Pending Plaintiffs’ motion to extend the scheduling order proposes to push the hearing to “March 10, 2027 at 10:00 a.m., or 90 days following issuance of an order on class certification, whichever is sooner” See ECF No. 403.]***Under current schedule, 2d up
- July 15, 2026 – Concord Music v. Anthropic hearing on SJ (Judge Lee) (see ECF No. 587)**NEXT UP
- Aug. 14, 2026 – UMG Recordings v. Suno SJ motions due (Judge Saylor IV) [Pending motion to extend the scheduling order may push this out at least 3 months until November 2026 for dispositive motions.] ECF No. 187]
- Oct. 16, 2026 – In re OpenAI Infringement Litigation replies on SJ due (Judge Stein) (see ECF No. 238) [Letter below asks to move to November 6, 2026]
- Oct. 30, 2026 – In re Mosaic LLM Litigation replies on SJ due (Judge Breyer) (see ECF No. 270)
- Nov. 4, 2026 – Andersen v. Stability AI hearing on SJ (Judge Orrick)
- Nov. 23, 2026 – Nazemian, Dubus v. NVIDIA replies due on SJ (Judge Tigar)
The parties’ letter also reveals just how massive discovery has been in the MDL Litigation:
After completing thousands of written discovery requests (including serving responses to contention interrogatories), producing more than a million total documents (exclusive of source code and multiple “big data” repositories), and conducting more than 180 depositions, the parties have nearly completed the MDL fact discovery. What currently remains outstanding are a limited number of depositions, compliance with Judge Wang’s recent (March 10) order to produce additional “big data” reservoirs, as well as the motions pending before Judge Wang.
The parties now collectively estimate that they will serve on the order of 35-40 expert reports in the Consolidated Class and News Cases (including the cases brought by The New York Times, the eight Daily News Plaintiffs, Center for Investigative Reporting, Intercept, and Ziff Davis).
DOWNLOAD THE LETTER