Witness List by Aestas Management Company, LLC, Aestas, LLC, Samuel Altman, Gregory Brockman, OAI Corporation, LLC, OpenAI GP, L.L.C., OpenAI Global, LLC, OpenAI Holdings, LLC, OpenAI OpCo, LLC, OpenAI Startup Fund GP I, L.L.C., OpenAI Startup Fund I, L.P., OpenAI Startup Fund Management, LLC, OpenAI Startup Fund SPV GP I, L.L.C., OpenAI Startup Fund SPV GP II, L.L.C., OpenAI Startup Fund SPV GP III, L.L.C., OpenAI Startup Fund SPV GP IV, L.L.C., OpenAI Startup Fund SPV I, L.P., OpenAI Startup Fund SPV II, L.P., OpenAI Startup Fund SPV III, L.P., OpenAI Startup Fund SPV IV, L.P., OpenAI, Inc., OpenAI, L.L.C., OpenAI, L.P. - Joint. (Frentzen, William) (Filed on 2/26/2026)
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Case 4:24-cv-04722-YGR Document 431 Filed 02/26/26 Page 1 of 23 JORDAN ETH (CA SBN 121617) JEth@mofo.com WILLIAM FRENTZEN (CA SBN 343918) WFrentzen@mofo.com DAVID J. WIENER (CA SBN 291659) DWiener@mofo.com MORRISON & FOERSTER LLP 425 Market Street San Francisco, CA 94105 Telephone: (415) 268-7000 Facsimile: (415) 268-7522 WILLIAM SAVITT (pro hac vice) WDSavitt@wlrk.com BRADLEY R. WILSON (pro hac vice) BRWilson@wlrk.com SARAH K. EDDY (pro hac vice) SKEddy@wlrk.com STEVEN WINTER (pro hac vice) SWinter@wlrk.com NATHANIEL CULLERTON (pro hac vice) NDCullerton@wlrk.com WACHTELL, LIPTON, ROSEN & KATZ 51 West 52nd Street New York, NY 10019 Telephone: (212) 403-1000 Facsimile: (212) 403-2000 Attorneys for the OpenAI Defendants (Additional counsel listed on next page)
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
OAKLAND DIVISION
ELON MUSK et al., Plaintiffs,
v.
SAMUEL ALTMAN et al., Case No. 4:24-cv-04722-YGR JOINT WITNESS LIST Date: March 13, 2026 Time: 9:00 AM Courtroom: 1 – 4th Floor Judge: Hon. Yvonne Gonzalez Rogers Defendants.
JOINT WITNESS LIST
CASE NO.: 4:24-CV-04722-YGR
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Case 4:24-cv-04722-YGR
Document 431
MARC TOBEROFF (CA SBN 188547) MToberoff@toberoffandassociates.com TOBEROFF & ASSOCIATES, P.C.
23823 Malibu Road, Suite 50-363 Malibu, CA 90265 Telephone: (310) 246-3333 STEVEN F. MOLO (pro hac vice) ROBERT K. KRY (pro hac vice) JENNIFER M. SCHUBERT (pro hac vice) MOLOLAMKEN LLP 430 Park Avenue New York, NY 10022 Telephone: (212) 607-8160 Attorneys for Plaintiffs Elon Musk and X.AI Corp.
Filed 02/26/26
Page 2 of 23
RUSSELL P. COHEN (SBN 213105) Russ.cohen@dechert.com HOWARD M. ULLMAN (SBN 206760) Howard.ullman@dechert.com DECHERT LLP 45 Fremont Street, 26th Floor San Francisco, CA 94105 Telephone: (415) 262-4500 Facsimile: (415) 262-4555 NISHA PATEL (SBN 281628) Nisha.patelgupta@dechert.com DECHERT LLP 633 West 5th Street, Suite 4900 Los Angeles, CA 90071 Telephone: (213) 808-5700 Facsimile: (213) 808-5760 ANDREW J. LEVANDER (pro hac vice) Andrew.levander@dechert.com DECHERT LLP Three Bryant Park 1095 Avenue of the Americas New York, NY 10036 Telephone: (212) 698-3500 Facsimile: (212) 698-3599 JAY JURATA (pro hac vice) Jay.jurata@dechert.com DECHERT LLP 1900 K Street, N.W.
Washington, DC 20006 Telephone: (202) 261-3300 Facsimile: (202) 261-3333 Attorneys for Defendant Microsoft Corporation
JOINT WITNESS LIST
CASE NO.: 4:24-CV-04722-YGR
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Case 4:24-cv-04722-YGR
Document 431 Filed 02/26/26 Page 3 of 23 Pursuant to Section 3(c) of the Court’s Standing Order re: Pretrial Instructions in Civil Cases (last updated March 17, 2025), and in advance of the Pretrial Conference set for March 13, 2026, Plaintiff Elon Musk and Defendants Samuel Altman, Gregory Brockman, OpenAI, Inc., OpenAI, L.P., OpenAI, L.L.C., OpenAI GP, L.L.C., OpenAI OpCo, LLC, OpenAI Global, LLC, OAI Corporation, LLC, OpenAI Holdings, LLC, OpenAI Startup Fund Management, LLC, OpenAI Startup Fund GP I, L.L.C., OpenAI Startup Fund I, L.P., OpenAI Startup Fund SPV GP I, L.L.C., OpenAI Startup Fund SPV GP II, L.L.C., OpenAI Startup Fund SPV GP III, L.L.C., OpenAI Startup Fund SPV GP IV, L.L.C., OpenAI Startup Fund SPV I, L.P., OpenAI Startup Fund SPV II, L.P., OpenAI Startup Fund SPV III, L.P., OpenAI Startup Fund SPV IV, L.P., Aestas Management Company, LLC, and Aestas LLC (collectively, the “OpenAI Defendants”), and Microsoft Corporation (“Microsoft”) hereby submit their Joint Witness List, organized by party.
A. PLAINTIFF ’S WITNESS LIST1
Plaintiff’s Stage 1 Direct Witnesses
Witness Brief Statement of Substance of Testimony Direct Estimate (hrs) Cross Estimate (hrs) Appearance
Jared Birchall* Mr. Birchall is an assistant and financial advisor to Elon Musk. He is expected to testify primarily about Musk’s monetary contributions to OpenAI.
0.5 Live
* Denotes a primary witness. Plaintiff ’s Witness List assumes a time limit of 20 hours of Stage 1 trial testimony per side.
JOINT WITNESS LIST
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Greg Brockman* Mr. Brockman is a founder and officer of OpenAI. He is expected to testify primarily about OpenAI’s founding; OpenAI’s nonprofit mission and status; Musk’s contributions to OpenAI; the OpenAI Defendants’ representations about their plans for OpenAI; OpenAI’s for-profit activities; OpenAI’s relationship with Microsoft; and the OpenAI Defendants’ wrongful gains. 2.5 Live and/or Video Rosie Campbell Ms. Campbell is a former OpenAI employee. She is expected to testify primarily about changes to OpenAI’s safety practices and teams.
0.5 Live Tasha McCauley* Ms. McCauley is a former OpenAI board member. She is expected to testify primarily about OpenAI’s nonprofit mission and governance and OpenAI’s subordination of its mission to for-profit activities.
0.5 Live or Video Microsoft 30(b)(6) Microsoft’s corporate representative is expect to testify primarily about Microsoft’s relationship with OpenAI; Microsoft’s knowledge of OpenAI’s nonprofit mission; and Microsoft’s substantial assistance to OpenAI’s forprofit activities. 0.5 Video Ermira Murati Ms. Murati is a former officer of OpenAI. She is expected to testify primarily about OpenAI’s for-profit activities and OpenAI’s relationship with Microsoft.
0.5 Live or Video
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Elon Musk* Mr. Musk is the Plaintiff and a cofounder of OpenAI. He is expected to testify primarily about the founders’ communications concerning OpenAI’s nonprofit mission and status; his monetary contributions to OpenAI; his non-monetary contributions to OpenAI; and the OpenAI Defendants’ representations about their plans for OpenAI.
2.0 Live Satya Nadella* Mr. Nadella is Microsoft’s CEO. He is expected to testify primarily about Microsoft’s relationship with OpenAI; Microsoft’s knowledge of OpenAI’s nonprofit mission; and Microsoft’s substantial assistance to OpenAI’s forprofit activities. 1.0 Live and/or Video OpenAI 30(b)(6) OpenAI’s corporate representative is expected to testify primarily about OpenAI’s nonprofit mission and status; OpenAI’s for-profit activities; and OpenAI’s relationship with Microsoft. 0.5 Video Ilya Sutskever Mr. Sutskever is a co-founder and former officer of OpenAI. He is expected to testify primarily about the founders’ communications concerning OpenAI’s nonprofit mission and status and Musk’s non-monetary contributions to OpenAI.
0.5 Live or Video Helen Toner* Ms. Toner is a former OpenAI board member. She is expected to testify primarily about OpenAI’s nonprofit mission and governance and OpenAI’s subordination of its mission to for-profit activities.
1.0 Live or Video
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Shivon Zilis Ms. Zilis is an associate of Elon Musk. She is expected to testify primarily about the founders’ communications concerning OpenAI’s nonprofit mission and status and the OpenAI Defendants’ representations about their plans for OpenAI.
0.5 Live Summary Witness To be determined.
0.5 Live Stuart Russell* Summary of expert opinions and bases therefor are set out in the Joint Expert Witness List.
0.5 Live David Schizer* Summary of expert opinions and bases therefor are set out in the Joint Expert Witness List.
1.0 Live Records Custodians Authentication of records (as necessary) 0 Live
Plaintiff’s Stage 1 Cross Witnesses
Witness Brief Statement of Substance of Testimony
Joshua Achiam Direct Estimate (hrs) Cross Estimate (hrs) Appearance See OpenAI’s Witness List 0.3 Live Sam Altman See OpenAI’s Witness List 2.5 Live Yina Arenas See Microsoft’s Witness List 0.2 Live Chris Clark 0.2 Live
See OpenAI’s Witness List JOINT WITNESS LIST CASE NO.: 4:24-CV-04722-YGR
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Amy Hood See Microsoft’s Witness List 0.3 Live Zico Kolter See OpenAI’s Witness List 0.2 Live Kevin Scott See Microsoft’s Witness List 0.3 Live Bret Taylor See OpenAI’s Witness List 0.3 Live Sam Teller See OpenAI’s Witness List 0.3 Video Michael Wetter See Microsoft’s Witness List 0.3 Live Summary Witness See OpenAI’s Witness List 0 Live Edward Buthusiem See Microsoft’s Witness List 0.3 Live John Coates See OpenAI’s Witness List 0.3 Live Louis Dudney See OpenAI’s Witness List 0.2 Live Peter Frumkin See OpenAI’s Witness List 0.2 Live Daniel Hemel See OpenAI’s Witness List 0.3 Live JOINT WITNESS LIST CASE NO.: 4:24-CV-04722-YGR
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Case 4:24-cv-04722-YGR Document 431 Filed 02/26/26 Page 8 of 23 Plaintiff ’s Stage 2 Witnesses (Remedy Stage)
Witness
Brief Statement of Substance of Testimony Direct Estimate (hrs) Cross Estimate (hrs) Appearance
C. Paul Wazzan* Summary of expert opinions and bases therefor are set out in Joint Expert Witness List.
Ilya Strebulaev See OpenAI’s Witness List 0.5 Live Jonathan Arnold See Microsoft’s Witness List 0.5 Live
2.0 Live JOINT WITNESS LIST CASE NO.: 4:24-CV-04722-YGR
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B. OPENAI DEFENDANTS’ WITNESS LIST2
OpenAI Defendants’ Stage 1 Direct Witnesses
Witness Brief Statement of Substance of Testimony Direct Estimate (hrs)3 Cross Estimate (hrs) Appearance
Joshua Achiam Dr. Achiam is a longtime employee of OpenAI. He is expected to testify about Plaintiff’s departure from OpenAI in 2018, the pursuit of OpenAI’s mission, and the contributions of OpenAI employees to the success of that mission.
0.5 Live Sam Altman* Mr. Altman is a founder of OpenAI, the CEO of OpenAI Group, and a director of both OpenAI Group and The OpenAI Foundation. He is expected to testify about OpenAI’s founding, mission, structure, and history; Plaintiff’s and others’ contributions to OpenAI over the years; discussions among the founders about OpenAI’s future in 2017 and 2018; the relationship between OpenAI and Plaintiff since Plaintiff’s departure from OpenAI in 2018; the creation of an OpenAI for-profit entity in 2018; OpenAI’s funding; OpenAI’s partnership with Microsoft; Plaintiff’s public attacks upon and bid for OpenAI; and the supposed promises Plaintiff claims were made to him.
3.5 Live
* Denotes a primary witness.
For witnesses the OpenAI Defendants expect to call live in their case and who will also be called in Plaintiff’s case, time estimates are listed as “Direct Estimate” even though the examination will in many cases include cross-examination. For witnesses who may be called solely by deposition, the “Direct Estimate” refers to the time the OpenAI Defendants expect to spend presenting affirmative designations in their own case, and “Cross Estimate” refers to the time the OpenAI Defendants expect to spend presenting cross designations in Plaintiff’s case. The descriptions of expected testimony set forth in this list are descriptions of expected direct testimony.
JOINT WITNESS LIST
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Jared Birchall Mr. Birchall is an executive at multiple Musk-controlled businesses. He is expected to testify about Plaintiff’s financial contributions to, and dealings with, OpenAI from 2016 onward; Plaintiff’s directives to create an OpenAI for-profit in 2017; the creation of an OpenAI for-profit entity in 2018; and the corporate history of Plaintiff’s own AI company, xAI.
0.75 Live Greg Brockman* Mr. Brockman is a founder of OpenAI and the President of OpenAI Group. He is expected to testify about OpenAI’s founding, mission, and structure; Plaintiff’s and others’ contributions to OpenAI; Plaintiff’s relationship with OpenAI from 2015 onward; OpenAI’s technology and technological achievements; discussions among the founders about OpenAI’s future in 2017 and 2018; and the supposed promises Plaintiff claims were made to him. 3.0 Live Chris Clark Mr. Clark is a former employee of, and current consultant to, OpenAI. He is expected to testify about Plaintiff’s financial contributions to OpenAI. 0.5 Live Zico Kolter Dr. Kolter is a director of the OpenAI Foundation. He is expected to testify about OpenAI’s mission and safety governance at OpenAI.
0.3 Live Tasha McCauley Ms. McCauley is a former director of OpenAI, Inc. She is expected to testify about OpenAI’s mission, partnership with Microsoft, and open-sourcing practices, and about her actions as an OpenAI director.
0.3
JOINT WITNESS LIST
CASE NO.: 4:24-CV-04722-YGR 0.2 By video deposition (unless live)
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Ermira Murati
Ms. Murati is the CEO of Thinking Machines and former CTO of OpenAI. She is expected to testify about OpenAI’s mission and partnership with Microsoft.
0.5 0.25 Live or by video deposition
Elon Musk* Plaintiff Musk is a founder of OpenAI, the CEO of Tesla, Neuralink, and SpaceX, the CTO and founder of X Corp., and the CEO and founder of xAI. He is expected to testify about his relationship with OpenAI and its founders since 2015; the promises he claims were made to him; and his attacks on, and bid for, OpenAI in recent years. 4.0 Live and by video deposition Satya Nadella Mr. Nadella is the CEO of Microsoft. He is expected to testify about OpenAI’s relationship with Microsoft.
0.2 Live Bret Taylor Mr. Taylor is chair of OpenAI Group and of the OpenAI Foundation. He is expected to testify about OpenAI’s governance and structure and the activities of The OpenAI Foundation. 0.75 Live Sam Teller Mr. Teller is a former employee of several Musk-controlled companies and was Plaintiff’s chief of staff from 2014 to 2019. He is expected to testify about Plaintiff’s relationship and dealings with OpenAI during that period.
0.5 By video deposition (unless live) Helen Toner Ms. Toner is a former director of OpenAI, Inc. She is expected to testify about OpenAI’s partnership with Microsoft and her actions as an OpenAI director.
0.2 JOINT WITNESS LIST CASE NO.: 4:24-CV-04722-YGR 0.5 By video deposition (unless live)
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Ilya Sutskever* Dr. Sutskever is a founder and former employee of OpenAI. He is expected to testify about OpenAI’s founding, mission, and structure; the founders’ contributions to OpenAI; OpenAI’s technology and technological achievements; Plaintiff’s relationship with OpenAI from 2015 onward; discussions among the founders about OpenAI’s future in 2017 and 2018; and the supposed promises Plaintiff claims were made to him.
2.0 Live Shivon Zilis* Ms. Zilis is a former board member of OpenAI, Inc. and a former employee of Tesla and current employee of Neuralink. She is expected to testify about Plaintiff’s relationship with OpenAI from 2016 onward; discussions among the founders about OpenAI’s future in 2017 and 2018; her work for and interactions with Plaintiff from 2016 to 2023; and her actions as an OpenAI director.
2.0 Live Summary Witness To be determined 0.5 Live John Coates [Rebuttal] Summary of expert’s opinions and the bases therefor are set out in the Joint Expert Witness List.
0.5 Live Louis Dudney Summary of expert’s opinions and the bases therefor are set out in the Joint Expert Witness List.
0.5 Live Peter Frumkin Summary of expert’s opinions and the bases therefor are set out in the Joint Expert Witness List.
0.25 Live
JOINT WITNESS LIST
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Daniel Hemel Summary of expert’s opinions and the bases therefor are set out in the Joint Expert Witness List.
0.5 Live Ilya Strebulaev Summary of expert’s opinions and the bases therefor are set out in the Joint Expert Witness List.
0.25 Live Records Custodians Authentication of records (as necessary) 0 Live
OpenAI Defendants’ Examination of Plaintiff’s Other Stage 1 Witnesses
Witness Brief Statement of Substance of Testimony Direct Estimate (hrs) Cross Estimate (hrs) Appearance
Rosie Campbell See Plaintiff’s Witness List OpenAI 30(b)(6) See Plaintiff’s Witness List Stuart Russell See Plaintiff’s Witness List David Schizer See Plaintiff’s Witness List 0.3 Live 0.2 By video deposition 0.5 Live 0.75 Live JOINT WITNESS LIST CASE NO.: 4:24-CV-04722-YGR
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Case 4:24-cv-04722-YGR Document 431 Filed 02/26/26 Page 14 of 23 OpenAI Defendants’ Stage 2 Witnesses (Remedy Stage) 4
Witness Brief Statement of Substance of Testimony Ilya Strebulaev [Rebuttal] Summary of expert’s opinions and the bases therefor are set out in the Joint Expert Witness List.
C. Paul Wazzan See Plaintiff’s Witness List Direct Estimate (hrs) Cross Estimate (hrs) Appearance
2.0 Live
2.0 Live
C. MICROSOFT’S WITNESS LIST Microsoft’s Stage 1 Direct Witnesses
Witness Brief Statement of Substance of Testimony Direct5 Estimate (hrs) Cross Estimate (hrs) Appearance
Samuel Altman*
Mr. Altman, OpenAI’s CEO, will testify about OpenAI’s formation and corporate structure, including OpenAI’s decision to create a for-profit subsidiary. He will further testify about OpenAI’s collaboration with Microsoft and Microsoft’s lack of knowledge regarding duties allegedly owed to Mr. Musk and the breach of any alleged duties.
0.3
Live The OpenAI Defendants identify here only witnesses they expect will testify in connection with Stage 2 proceedings concerning monetary remedies. Should Plaintiff seek additional remedies from the Court, including injunctive or other equitable relief, the OpenAI Defendants reserve the right to present additional evidence and testimony relevant to those remedies.
5 For witnesses Microsoft expects to call live in its case and who will also be called in Plaintiff’s case, time estimates are listed as “Direct Estimate” even though the examination will in many cases include cross examination. For witnesses who may be called solely by deposition, the “Direct Estimate” refers to the time Microsoft expects to spend presenting affirmative designations in its own case, and “Cross Estimate” refers to the time Microsoft expects to spend presenting cross JOINT WITNESS LIST CASE NO.: 4:24-CV-04722-YGR
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Jared Birchall Mr. Birchall oversees Mr. Musk’s charitable giving and is employed by several of Mr. Musk’s companies. If called, he will testify about Mr. Musk’s contributions to OpenAI, deliberations over OpenAI’s structure, including his awareness of OpenAI’s creation of a forprofit subsidiary. He will further testify about his lack of communication with Microsoft regarding duties allegedly owed to Mr. Musk or the breach of any alleged duties.
0.2 Video deposition (unless called live) Greg Brockman If called, Mr. Brockman, OpenAI’s President, will testify about OpenAI’s formation and corporate structure, including OpenAI’s decision to create a for-profit subsidiary. He will further testify about OpenAI’s collaboration with Microsoft and Microsoft’s lack of knowledge regarding duties allegedly owed to Mr. Musk and the breach of any alleged duties.
0.1 Live Edward Buthusiem* Summary of expert’s opinions and the bases therefore are set out in the Joint Expert Witness List.
0.5 Live Amy Hood If called, Ms. Hood, the Chief Financial Officer of Microsoft, will testify about Microsoft’s collaboration with OpenAI. She will also testify about Microsoft’s lack of knowledge regarding duties allegedly owed to Mr. Musk and the breach of any alleged duties. She will further respond to other assertions Mr. Musk has made or may make.
0.5 Live
designations in Plaintiff’s case. Microsoft reserves the right to further supplement, trim, add, or otherwise modify these time estimates based on overlap with designations that the OpenAI Defendants might play and/or the parties’ continued meet and confers.
JOINT WITNESS LIST
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Satya Nadella* Mr. Nadella, the Chairman and Chief Executive Officer of Microsoft, will testify about Microsoft’s collaboration with OpenAI. He will also testify about Microsoft’s commitment to responsible AI and AI safety measures. He will further testify about Microsoft’s lack of knowledge regarding duties allegedly owed to Mr. Musk and the breach of any alleged duties. Moreover, he will testify about Microsoft’s support of OpenAI during Mr. Altman’s November 2023 firing and subsequent rehiring. He will further respond to other assertions Mr. Musk has made or may make.
1.0 Tasha McCauley If called, Ms. McCauley, a former OpenAI Board member, will testify about OpenAI’s decision to create a forprofit subsidiary. She will further testify about Microsoft’s collaboration with OpenAI, including the OpenAI Board’s related approvals. She will also testify about her lack of communication with Microsoft regarding duties allegedly owed to Mr. Musk and the breach of any alleged duties.
0.1
Live JOINT WITNESS LIST CASE NO.: 4:24-CV-04722-YGR 0.1 Video deposition (unless called live)
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Ermira Murati* Ms. Murati, OpenAI’s former Chief Technology Officer, will testify about OpenAI’s corporate structure and operation, including OpenAI’s decision to begin commercializing its models. She will further testify about OpenAI’s collaboration with Microsoft and Microsoft’s lack of knowledge regarding duties allegedly owed to Mr. Musk and the breach of any alleged duties. Further, she will testify about Microsoft’s support of OpenAI during Mr. Altman’s November 2023 firing and subsequent rehiring.
0.3 Elon Musk* Mr. Musk, the Plaintiff, will testify about his lack of communication with Microsoft regarding commitments relating to his donations or any alleged breach. He will further testify about OpenAI’s need for compute and capital, as well as the cost of compute. Further, he will testify about his knowledge regarding Microsoft’s collaboration with OpenAI no later than September 2020 and as early as 2019.
0.3 Live and/or by video deposition Kevin Scott* 0.4 Live
0.2 Video deposition (unless called live)
Mr. Scott, the Chief Technology Officer of Microsoft, will testify about Microsoft’s collaboration with OpenAI. He will also testify about Microsoft’s commitment to responsible AI and AI safety measures. Further, he will testify about Microsoft’s lack of knowledge regarding duties allegedly owed to Mr. Musk and the breach of any alleged duties. He will also respond to other assertions Mr. Musk has made or may make.
JOINT WITNESS LIST
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Ilya Sutskever If called, Mr. Sutskever, a former OpenAI board member and OpenAI cofounder, will testify about OpenAI’s decision to create a for-profit subsidiary. He will further testify about Microsoft’s collaboration with OpenAI, including the OpenAI Board’s related approvals. He will also testify about his lack of communication with Microsoft regarding duties allegedly owed to Mr. Musk and the breach of any alleged duties. 0.1 Samuel Teller If called, Mr. Teller, former director of the office of the CEO at Mr. Musk’s companies, will testify about OpenAI’s deliberations over its structure, including his awareness of OpenAI’s creation of a for-profit. He will also testify about his lack of communication with Microsoft regarding duties allegedly owed to Mr. Musk and the breach of any alleged duties.
0.2 Michael Wetter* Michael Wetter, Microsoft’s Corporate Vice President of Corporate Development, will testify about Microsoft’s collaboration with OpenAI, including Microsoft’s related due diligence. He will also testify about Microsoft’s lack of knowledge regarding duties allegedly owed to Musk and the breach of any alleged duties. He will further respond to other assertions Mr. Musk has made or may make.
0.4
Video deposition (unless called live)
0.1 Video deposition (unless called live) JOINT WITNESS LIST CASE NO.: 4:24-CV-04722-YGR Live
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Shivon Zilis*
Ms. Zilis, a former OpenAI Board member, will testify about OpenAI’s decision to create a for-profit subsidiary. She will further testify about Microsoft’s collaboration with OpenAI, including the OpenAI Board’s related approvals. She will also testify about her lack of communication with Microsoft regarding duties allegedly owed to Mr. Musk and the breach of any alleged duties. 0.2 Video deposition (unless called live)
Microsoft’s Stage 1 Cross of OpenAI’s Other Witnesses 6
Cross Estimate (hrs) Brief Statement of Substance of Testimony Zico Kolter See OpenAI’s Witness List 0.1 Live Bret Taylor See OpenAI’s Witness List 0.2 Live John Coates See OpenAI’s Witness List 0.1 Live Peter Frumkin See OpenAI’s Witness List 0.1 Live Daniel Hemel See OpenAI’s Witness List 0.1 Live
Direct Estimate (hrs) Witness Appearance
“Other witnesses” refers to witnesses that do not appear on Microsoft’s direct witness list and which Microsoft expects to cross examine.
JOINT WITNESS LIST
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Witness Brief Statement of Substance of Testimony Direct Estimate (hrs) Cross Estimate (hrs) Appearance
Rosie Campbell See Plaintiff’s Witness List 0.1 Live Microsoft 30(b)(6) See Plaintiff’s Witness List 0.25 Video OpenAI 30(b)(6) See Plaintiff’s Witness List 0.2 Video Helen Toner * See Plaintiff’s Witness List 0.2 Live or Video Summary Witness See Plaintiff’s Witness List 0.1 Live Stuart Russell See Plaintiff’s Witness List 0.2 Live David Schizer See Plaintiff’s Witness List 0.25 Live JOINT WITNESS LIST CASE NO.: 4:24-CV-04722-YGR
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Witness Brief Statement of Substance of Testimony Direct Estimate (hrs) Cross Estimate (hrs) Appearance
Yina Arenas Microsoft would only call Ms. Arenas for any post-trial remedy proceeding. If called, Ms. Arenas, Microsoft’s Vice President of Product, Azure AI Platform, will testify about Microsoft’s products and services that utilize OpenAI’s models.
0.5 Live 1.0 Live
Jonathan Arnold* Summary of expert’s opinions and the bases therefore are set out in the Joint Expert Witness List.
Microsoft’s Stage 2 Cross of OpenAI’s Witnesses
Witness Brief Statement of Substance of Testimony Direct Estimate (hrs) Cross Estimate (hrs) Appearance
Ilya Strebulaev See OpenAI’s Witness List 0.1 Live Microsoft’s Stage 2 Cross of Plaintiff’s Witnesses
Witness Brief Statement of Substance of Testimony
C. Paul Wazzan* Direct Estimate (hrs) See Plaintiff’s Witness List Cross Estimate (hrs) 0.5 JOINT WITNESS LIST CASE NO.: 4:24-CV-04722-YGR Appearance Live
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Case 4:24-cv-04722-YGR
DATED: February 26, 2026
WACHTELL, LIPTON, ROSEN & KATZ
/s/ William Frentzen William Frentzen (CA SBN 343918)
Attorneys for the OpenAI Defendants
DATED: February 26, 2026
DATED: February 26, 2026
Page 22 of 23
MORRISON & FOERSTER LLP
Filed 02/26/26
/s/ William Savitt William Savitt (pro hac vice)
Document 431
DECHERT LLP
/s/ Russell P. Cohen Russell P. Cohen (SBN 213105) Attorneys for Defendant Microsoft Corporation MOLOLAMKEN LLP
/s/ Steven F. Molo Steven F. Molo (pro hac vice)
Attorneys for Plaintiff Elon Musk
JOINT WITNESS LIST
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Document 431
Filed 02/26/26
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ECF ATTESTATION
I, William Frentzen, am the ECF User whose ID and password are being used to file this
JOINT WITNESS LIST. In accordance with Civil Local Rule 5-1, concurrence in the filing of this document has been obtained from each of the other signatories, and I shall maintain records to support this concurrence for subsequent production for the Court if so ordered or for inspection upon request by a party.
Date: February 26, 2026
/s/ William Frentzen William Frentzen
JOINT WITNESS LIST
CASE NO.: 4:24-CV-04722-YGR
PDF Page 1
PlainSite Cover Page
PDF Page 2
Case 4:24-cv-04722-YGR
Document 431
Filed 02/26/26
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1 JORDAN ETH (CA SBN 121617)
JEth@mofo.com
2 WILLIAM FRENTZEN (CA SBN 343918)
WFrentzen@mofo.com
3 DAVID J. WIENER (CA SBN 291659)
DWiener@mofo.com
4 MORRISON & FOERSTER LLP
425 Market Street
5 San Francisco, CA 94105
Telephone: (415) 268-7000
6 Facsimile: (415) 268-7522
7 WILLIAM SAVITT (pro hac vice)
WDSavitt@wlrk.com
8 BRADLEY R. WILSON (pro hac vice)
BRWilson@wlrk.com
9 SARAH K. EDDY (pro hac vice)
SKEddy@wlrk.com
10 STEVEN WINTER (pro hac vice)
SWinter@wlrk.com
11 NATHANIEL CULLERTON (pro hac vice)
NDCullerton@wlrk.com
12 WACHTELL, LIPTON, ROSEN & KATZ
51 West 52nd Street
13 New York, NY 10019
Telephone: (212) 403-1000
14 Facsimile: (212) 403-2000
15 Attorneys for the OpenAI Defendants
16
17
(Additional counsel listed on next page)
18
UNITED STATES DISTRICT COURT
19
NORTHERN DISTRICT OF CALIFORNIA
20
OAKLAND DIVISION
21 ELON MUSK et al.,
Plaintiffs,
22
23
v.
24 SAMUEL ALTMAN et al.,
25
Case No. 4:24-cv-04722-YGR
JOINT WITNESS LIST
Date: March 13, 2026
Time: 9:00 AM
Courtroom: 1 – 4th Floor
Judge: Hon. Yvonne Gonzalez Rogers
Defendants.
26
27
28
JOINT WITNESS LIST
CASE NO.: 4:24-CV-04722-YGR
PDF Page 3
Case 4:24-cv-04722-YGR
Document 431
1 MARC TOBEROFF (CA SBN 188547)
MToberoff@toberoffandassociates.com
2 TOBEROFF & ASSOCIATES, P.C.
23823 Malibu Road, Suite 50-363
3 Malibu, CA 90265
Telephone: (310) 246-3333
4
STEVEN F. MOLO (pro hac vice)
5 ROBERT K. KRY (pro hac vice)
JENNIFER M. SCHUBERT (pro hac vice)
6 MOLOLAMKEN LLP
430 Park Avenue
7 New York, NY 10022
Telephone: (212) 607-8160
8
Attorneys for Plaintiffs Elon Musk
9 and X.AI Corp.
10
11
12
13
14
15
16
17
18
19
Filed 02/26/26
Page 2 of 23
RUSSELL P. COHEN (SBN 213105)
Russ.cohen@dechert.com
HOWARD M. ULLMAN (SBN 206760)
Howard.ullman@dechert.com
DECHERT LLP
45 Fremont Street, 26th Floor
San Francisco, CA 94105
Telephone: (415) 262-4500
Facsimile: (415) 262-4555
NISHA PATEL (SBN 281628)
Nisha.patelgupta@dechert.com
DECHERT LLP
633 West 5th Street, Suite 4900
Los Angeles, CA 90071
Telephone: (213) 808-5700
Facsimile: (213) 808-5760
ANDREW J. LEVANDER (pro hac vice)
Andrew.levander@dechert.com
DECHERT LLP
Three Bryant Park
1095 Avenue of the Americas
New York, NY 10036
Telephone: (212) 698-3500
Facsimile: (212) 698-3599
JAY JURATA (pro hac vice)
Jay.jurata@dechert.com
DECHERT LLP
1900 K Street, N.W.
Washington, DC 20006
Telephone: (202) 261-3300
Facsimile: (202) 261-3333
Attorneys for Defendant Microsoft
Corporation
20
21
22
23
24
25
26
27
28
JOINT WITNESS LIST
CASE NO.: 4:24-CV-04722-YGR
PDF Page 4
Case 4:24-cv-04722-YGR
1
Document 431
Filed 02/26/26
Page 3 of 23
Pursuant to Section 3(c) of the Court’s Standing Order re: Pretrial Instructions in Civil Cases
2 (last updated March 17, 2025), and in advance of the Pretrial Conference set for March 13, 2026,
3 Plaintiff Elon Musk and Defendants Samuel Altman, Gregory Brockman, OpenAI, Inc., OpenAI,
4 L.P., OpenAI, L.L.C., OpenAI GP, L.L.C., OpenAI OpCo, LLC, OpenAI Global, LLC, OAI
5 Corporation, LLC, OpenAI Holdings, LLC, OpenAI Startup Fund Management, LLC, OpenAI
6 Startup Fund GP I, L.L.C., OpenAI Startup Fund I, L.P., OpenAI Startup Fund SPV GP I, L.L.C.,
7 OpenAI Startup Fund SPV GP II, L.L.C., OpenAI Startup Fund SPV GP III, L.L.C., OpenAI Startup
8 Fund SPV GP IV, L.L.C., OpenAI Startup Fund SPV I, L.P., OpenAI Startup Fund SPV II, L.P.,
9 OpenAI Startup Fund SPV III, L.P., OpenAI Startup Fund SPV IV, L.P., Aestas Management
10 Company, LLC, and Aestas LLC (collectively, the “OpenAI Defendants”), and Microsoft
11 Corporation (“Microsoft”) hereby submit their Joint Witness List, organized by party.
12
A. PLAINTIFF ’S WITNESS LIST1
13
Plaintiff’s Stage 1 Direct Witnesses
14
15
16
Witness
Brief Statement of Substance of
Testimony
Direct
Estimate
(hrs)
Cross
Estimate
(hrs)
Appearance
17
18
19
Jared
Birchall*
Mr. Birchall is an assistant and financial
advisor to Elon Musk. He is expected to
testify primarily about Musk’s monetary
contributions to OpenAI.
0.5
Live
20
21
22
23
24
25
26
27
1
* Denotes a primary witness. Plaintiff ’s Witness List assumes a time limit of 20 hours of Stage 1
28 trial testimony per side.
1
JOINT WITNESS LIST
CASE NO.: 4:24-CV-04722-YGR
PDF Page 5
Case 4:24-cv-04722-YGR
Document 431
Filed 02/26/26
Page 4 of 23
1
2
Greg
Brockman*
Mr. Brockman is a founder and officer
of OpenAI. He is expected to testify
primarily about OpenAI’s founding;
OpenAI’s nonprofit mission and status;
Musk’s contributions to OpenAI; the
OpenAI Defendants’ representations
about their plans for OpenAI; OpenAI’s
for-profit activities; OpenAI’s
relationship with Microsoft; and the
OpenAI Defendants’ wrongful gains.
2.5
Live and/or
Video
Rosie
Campbell
Ms. Campbell is a former OpenAI
employee. She is expected to testify
primarily about changes to OpenAI’s
safety practices and teams.
0.5
Live
Tasha
McCauley*
Ms. McCauley is a former OpenAI board
member. She is expected to testify
primarily about OpenAI’s nonprofit
mission and governance and OpenAI’s
subordination of its mission to for-profit
activities.
0.5
Live or
Video
Microsoft
30(b)(6)
Microsoft’s corporate representative is
expect to testify primarily about
Microsoft’s relationship with OpenAI;
Microsoft’s knowledge of OpenAI’s
nonprofit mission; and Microsoft’s
substantial assistance to OpenAI’s forprofit activities.
0.5
Video
Ermira
Murati
Ms. Murati is a former officer of
OpenAI. She is expected to testify
primarily about OpenAI’s for-profit
activities and OpenAI’s relationship with
Microsoft.
0.5
Live or
Video
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2
JOINT WITNESS LIST
CASE NO.: 4:24-CV-04722-YGR
PDF Page 6
Case 4:24-cv-04722-YGR
Document 431
Filed 02/26/26
Page 5 of 23
1
2
3
4
5
6
7
8
9
Elon Musk* Mr. Musk is the Plaintiff and a cofounder of OpenAI. He is expected to
testify primarily about the founders’
communications concerning OpenAI’s
nonprofit mission and status; his
monetary contributions to OpenAI; his
non-monetary contributions to OpenAI;
and the OpenAI Defendants’
representations about their plans for
OpenAI.
2.0
Live
Satya
Nadella*
Mr. Nadella is Microsoft’s CEO. He is
expected to testify primarily about
Microsoft’s relationship with OpenAI;
Microsoft’s knowledge of OpenAI’s
nonprofit mission; and Microsoft’s
substantial assistance to OpenAI’s forprofit activities.
1.0
Live and/or
Video
OpenAI
30(b)(6)
OpenAI’s corporate representative is
expected to testify primarily about
OpenAI’s nonprofit mission and status;
OpenAI’s for-profit activities; and
OpenAI’s relationship with Microsoft.
0.5
Video
Ilya
Sutskever
Mr. Sutskever is a co-founder and
former officer of OpenAI. He is
expected to testify primarily about the
founders’ communications concerning
OpenAI’s nonprofit mission and status
and Musk’s non-monetary contributions
to OpenAI.
0.5
Live or
Video
Helen
Toner*
Ms. Toner is a former OpenAI board
member. She is expected to testify
primarily about OpenAI’s nonprofit
mission and governance and OpenAI’s
subordination of its mission to for-profit
activities.
1.0
Live or
Video
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3
JOINT WITNESS LIST
CASE NO.: 4:24-CV-04722-YGR
PDF Page 7
Case 4:24-cv-04722-YGR
Document 431
Filed 02/26/26
Page 6 of 23
1
2
3
4
5
Shivon Zilis Ms. Zilis is an associate of Elon Musk.
She is expected to testify primarily about
the founders’ communications
concerning OpenAI’s nonprofit mission
and status and the OpenAI Defendants’
representations about their plans for
OpenAI.
0.5
Live
Summary
Witness
To be determined.
0.5
Live
Stuart
Russell*
Summary of expert opinions and bases
therefor are set out in the Joint Expert
Witness List.
0.5
Live
David
Schizer*
Summary of expert opinions and bases
therefor are set out in the Joint Expert
Witness List.
1.0
Live
Records
Custodians
Authentication of records (as necessary)
0
Live
6
7
8
9
10
11
12
13
14
15
16
17
Plaintiff’s Stage 1 Cross Witnesses
18
19
Witness
Brief Statement of Substance of
Testimony
20
21
22
23
Joshua
Achiam
Direct
Estimate
(hrs)
Cross
Estimate
(hrs)
Appearance
See OpenAI’s Witness List
0.3
Live
Sam Altman See OpenAI’s Witness List
2.5
Live
Yina Arenas See Microsoft’s Witness List
0.2
Live
Chris Clark
0.2
Live
24
25
26
27
See OpenAI’s Witness List
28
4
JOINT WITNESS LIST
CASE NO.: 4:24-CV-04722-YGR
PDF Page 8
Case 4:24-cv-04722-YGR
Document 431
Filed 02/26/26
Page 7 of 23
1
2
3
Amy Hood
See Microsoft’s Witness List
0.3
Live
Zico Kolter
See OpenAI’s Witness List
0.2
Live
Kevin Scott
See Microsoft’s Witness List
0.3
Live
Bret Taylor
See OpenAI’s Witness List
0.3
Live
Sam Teller
See OpenAI’s Witness List
0.3
Video
Michael
Wetter
See Microsoft’s Witness List
0.3
Live
Summary
Witness
See OpenAI’s Witness List
0
Live
Edward
Buthusiem
See Microsoft’s Witness List
0.3
Live
John Coates
See OpenAI’s Witness List
0.3
Live
Louis
Dudney
See OpenAI’s Witness List
0.2
Live
Peter
Frumkin
See OpenAI’s Witness List
0.2
Live
Daniel
Hemel
See OpenAI’s Witness List
0.3
Live
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
5
JOINT WITNESS LIST
CASE NO.: 4:24-CV-04722-YGR
PDF Page 9
Case 4:24-cv-04722-YGR
Document 431
Filed 02/26/26
Page 8 of 23
1
Plaintiff ’s Stage 2 Witnesses (Remedy Stage)
2
3
Witness
4
Brief Statement of Substance of
Testimony
Direct
Estimate
(hrs)
Cross
Estimate
(hrs)
Appearance
5
6
C. Paul
Wazzan*
Summary of expert opinions and bases
therefor are set out in Joint Expert
Witness List.
Ilya
Strebulaev
See OpenAI’s Witness List
0.5
Live
Jonathan
Arnold
See Microsoft’s Witness List
0.5
Live
7
8
9
2.0
Live
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
6
JOINT WITNESS LIST
CASE NO.: 4:24-CV-04722-YGR
PDF Page 10
Case 4:24-cv-04722-YGR
Document 431
Filed 02/26/26
Page 9 of 23
B. OPENAI DEFENDANTS’ WITNESS LIST2
1
2
OpenAI Defendants’ Stage 1 Direct Witnesses
3
4
5
Witness
Brief Statement of Substance of
Testimony
Direct
Estimate
(hrs)3
Cross
Estimate
(hrs)
Appearance
6
7
8
Joshua
Achiam
Dr. Achiam is a longtime employee of
OpenAI. He is expected to testify about
Plaintiff’s departure from OpenAI in
2018, the pursuit of OpenAI’s mission,
and the contributions of OpenAI
employees to the success of that mission.
0.5
Live
Sam
Altman*
Mr. Altman is a founder of OpenAI, the
CEO of OpenAI Group, and a director of
both OpenAI Group and The OpenAI
Foundation. He is expected to testify
about OpenAI’s founding, mission,
structure, and history; Plaintiff’s and
others’ contributions to OpenAI over the
years; discussions among the founders
about OpenAI’s future in 2017 and 2018;
the relationship between OpenAI and
Plaintiff since Plaintiff’s departure from
OpenAI in 2018; the creation of an
OpenAI for-profit entity in 2018;
OpenAI’s funding; OpenAI’s partnership
with Microsoft; Plaintiff’s public attacks
upon and bid for OpenAI; and the
supposed promises Plaintiff claims were
made to him.
3.5
Live
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2
* Denotes a primary witness.
For witnesses the OpenAI Defendants expect to call live in their case and who will also be called
in Plaintiff’s case, time estimates are listed as “Direct Estimate” even though the examination will
in many cases include cross-examination. For witnesses who may be called solely by deposition,
the “Direct Estimate” refers to the time the OpenAI Defendants expect to spend presenting
affirmative designations in their own case, and “Cross Estimate” refers to the time the OpenAI
Defendants expect to spend presenting cross designations in Plaintiff’s case. The descriptions of
expected testimony set forth in this list are descriptions of expected direct testimony.
7
3
JOINT WITNESS LIST
CASE NO.: 4:24-CV-04722-YGR
PDF Page 11
Case 4:24-cv-04722-YGR
Document 431
Filed 02/26/26
Page 10 of 23
1
2
Jared
Birchall
Mr. Birchall is an executive at multiple
Musk-controlled businesses. He is
expected to testify about Plaintiff’s
financial contributions to, and dealings
with, OpenAI from 2016 onward;
Plaintiff’s directives to create an OpenAI
for-profit in 2017; the creation of an
OpenAI for-profit entity in 2018; and the
corporate history of Plaintiff’s own AI
company, xAI.
0.75
Live
Greg
Brockman*
Mr. Brockman is a founder of OpenAI
and the President of OpenAI Group. He
is expected to testify about OpenAI’s
founding, mission, and structure;
Plaintiff’s and others’ contributions to
OpenAI; Plaintiff’s relationship with
OpenAI from 2015 onward; OpenAI’s
technology and technological
achievements; discussions among the
founders about OpenAI’s future in 2017
and 2018; and the supposed promises
Plaintiff claims were made to him.
3.0
Live
Chris Clark
Mr. Clark is a former employee of, and
current consultant to, OpenAI. He is
expected to testify about Plaintiff’s
financial contributions to OpenAI.
0.5
Live
Zico Kolter
Dr. Kolter is a director of the OpenAI
Foundation. He is expected to testify
about OpenAI’s mission and safety
governance at OpenAI.
0.3
Live
Tasha
McCauley
Ms. McCauley is a former director of
OpenAI, Inc. She is expected to testify
about OpenAI’s mission, partnership
with Microsoft, and open-sourcing
practices, and about her actions as an
OpenAI director.
0.3
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
8
JOINT WITNESS LIST
CASE NO.: 4:24-CV-04722-YGR
0.2
By video
deposition
(unless live)
PDF Page 12
Case 4:24-cv-04722-YGR
Document 431
Filed 02/26/26
Page 11 of 23
1
2
Ermira
Murati
3
4
Ms. Murati is the CEO of Thinking
Machines and former CTO of OpenAI.
She is expected to testify about
OpenAI’s mission and partnership with
Microsoft.
0.5
0.25
Live or by
video
deposition
5
6
7
8
9
10
Elon Musk* Plaintiff Musk is a founder of OpenAI,
the CEO of Tesla, Neuralink, and
SpaceX, the CTO and founder of X
Corp., and the CEO and founder of xAI.
He is expected to testify about his
relationship with OpenAI and its
founders since 2015; the promises he
claims were made to him; and his attacks
on, and bid for, OpenAI in recent years.
4.0
Live and by
video
deposition
Satya
Nadella
Mr. Nadella is the CEO of Microsoft.
He is expected to testify about OpenAI’s
relationship with Microsoft.
0.2
Live
Bret Taylor
Mr. Taylor is chair of OpenAI Group
and of the OpenAI Foundation. He is
expected to testify about OpenAI’s
governance and structure and the
activities of The OpenAI Foundation.
0.75
Live
Sam Teller
Mr. Teller is a former employee of
several Musk-controlled companies and
was Plaintiff’s chief of staff from 2014
to 2019. He is expected to testify about
Plaintiff’s relationship and dealings with
OpenAI during that period.
0.5
By video
deposition
(unless live)
Helen Toner Ms. Toner is a former director of
OpenAI, Inc. She is expected to testify
about OpenAI’s partnership with
Microsoft and her actions as an OpenAI
director.
0.2
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
9
JOINT WITNESS LIST
CASE NO.: 4:24-CV-04722-YGR
0.5
By video
deposition
(unless live)
PDF Page 13
Case 4:24-cv-04722-YGR
Document 431
Filed 02/26/26
Page 12 of 23
1
2
Ilya
Sutskever*
Dr. Sutskever is a founder and former
employee of OpenAI. He is expected to
testify about OpenAI’s founding,
mission, and structure; the founders’
contributions to OpenAI; OpenAI’s
technology and technological
achievements; Plaintiff’s relationship
with OpenAI from 2015 onward;
discussions among the founders about
OpenAI’s future in 2017 and 2018; and
the supposed promises Plaintiff claims
were made to him.
2.0
Live
Shivon
Zilis*
Ms. Zilis is a former board member of
OpenAI, Inc. and a former employee of
Tesla and current employee of
Neuralink. She is expected to testify
about Plaintiff’s relationship with
OpenAI from 2016 onward; discussions
among the founders about OpenAI’s
future in 2017 and 2018; her work for
and interactions with Plaintiff from 2016
to 2023; and her actions as an OpenAI
director.
2.0
Live
Summary
Witness
To be determined
0.5
Live
John Coates
[Rebuttal]
Summary of expert’s opinions and the
bases therefor are set out in the Joint
Expert Witness List.
0.5
Live
Louis
Dudney
Summary of expert’s opinions and the
bases therefor are set out in the Joint
Expert Witness List.
0.5
Live
Peter
Frumkin
Summary of expert’s opinions and the
bases therefor are set out in the Joint
Expert Witness List.
0.25
Live
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
10
JOINT WITNESS LIST
CASE NO.: 4:24-CV-04722-YGR
PDF Page 14
Case 4:24-cv-04722-YGR
Document 431
Filed 02/26/26
Page 13 of 23
1
2
Daniel
Hemel
Summary of expert’s opinions and the
bases therefor are set out in the Joint
Expert Witness List.
0.5
Live
Ilya
Strebulaev
Summary of expert’s opinions and the
bases therefor are set out in the Joint
Expert Witness List.
0.25
Live
Records
Custodians
Authentication of records (as necessary)
0
Live
3
4
5
6
7
8
9
OpenAI Defendants’ Examination of Plaintiff’s Other Stage 1 Witnesses
10
11
12
Witness
Brief Statement of Substance of
Testimony
Direct
Estimate
(hrs)
Cross
Estimate
(hrs)
Appearance
13
14
15
16
17
Rosie
Campbell
See Plaintiff’s Witness List
OpenAI
30(b)(6)
See Plaintiff’s Witness List
Stuart
Russell
See Plaintiff’s Witness List
David
Schizer
See Plaintiff’s Witness List
0.3
Live
0.2
By video
deposition
0.5
Live
0.75
Live
18
19
20
21
22
23
24
25
26
27
28
11
JOINT WITNESS LIST
CASE NO.: 4:24-CV-04722-YGR
PDF Page 15
Case 4:24-cv-04722-YGR
Document 431
Filed 02/26/26
Page 14 of 23
1
OpenAI Defendants’ Stage 2 Witnesses (Remedy Stage) 4
2
3
4
Witness
Brief Statement of Substance of
Testimony
Ilya
Strebulaev
[Rebuttal]
Summary of expert’s opinions and the
bases therefor are set out in the Joint
Expert Witness List.
C. Paul
Wazzan
See Plaintiff’s Witness List
Direct
Estimate
(hrs)
Cross
Estimate
(hrs)
Appearance
5
6
7
2.0
Live
8
9
10
11
2.0
Live
C. MICROSOFT’S WITNESS LIST
12
Microsoft’s Stage 1 Direct Witnesses
13
14
15
Witness
Brief Statement of Substance of
Testimony
Direct5
Estimate
(hrs)
Cross
Estimate
(hrs)
Appearance
16
17
Samuel
Altman*
18
19
20
21
22
23
Mr. Altman, OpenAI’s CEO, will testify
about OpenAI’s formation and corporate
structure, including OpenAI’s decision
to create a for-profit subsidiary. He will
further testify about OpenAI’s
collaboration with Microsoft and
Microsoft’s lack of knowledge regarding
duties allegedly owed to Mr. Musk and
the breach of any alleged duties.
0.3
4
Live
The OpenAI Defendants identify here only witnesses they expect will testify in connection with
24 Stage 2 proceedings concerning monetary remedies. Should Plaintiff seek additional remedies from
the Court, including injunctive or other equitable relief, the OpenAI Defendants reserve the right to
25
present additional evidence and testimony relevant to those remedies.
26 5 For witnesses Microsoft expects to call live in its case and who will also be called in Plaintiff’s
case, time estimates are listed as “Direct Estimate” even though the examination will in many cases
27 include cross examination. For witnesses who may be called solely by deposition, the “Direct
28 Estimate” refers to the time Microsoft expects to spend presenting affirmative designations in its
own case, and “Cross Estimate” refers to the time Microsoft expects to spend presenting cross
12
JOINT WITNESS LIST
CASE NO.: 4:24-CV-04722-YGR
PDF Page 16
Case 4:24-cv-04722-YGR
Document 431
Filed 02/26/26
Page 15 of 23
1
2
Jared
Birchall
Mr. Birchall oversees Mr. Musk’s
charitable giving and is employed by
several of Mr. Musk’s companies. If
called, he will testify about Mr. Musk’s
contributions to OpenAI, deliberations
over OpenAI’s structure, including his
awareness of OpenAI’s creation of a forprofit subsidiary. He will further testify
about his lack of communication with
Microsoft regarding duties allegedly
owed to Mr. Musk or the breach of any
alleged duties.
0.2
Video
deposition
(unless
called live)
Greg
Brockman
If called, Mr. Brockman, OpenAI’s
President, will testify about OpenAI’s
formation and corporate structure,
including OpenAI’s decision to create a
for-profit subsidiary. He will further
testify about OpenAI’s collaboration
with Microsoft and Microsoft’s lack of
knowledge regarding duties allegedly
owed to Mr. Musk and the breach of any
alleged duties.
0.1
Live
Edward
Buthusiem*
Summary of expert’s opinions and the
bases therefore are set out in the Joint
Expert Witness List.
0.5
Live
Amy Hood
If called, Ms. Hood, the Chief Financial
Officer of Microsoft, will testify about
Microsoft’s collaboration with OpenAI.
She will also testify about Microsoft’s
lack of knowledge regarding duties
allegedly owed to Mr. Musk and the
breach of any alleged duties. She will
further respond to other assertions Mr.
Musk has made or may make.
0.5
Live
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27 designations in Plaintiff’s case. Microsoft reserves the right to further supplement, trim, add, or
otherwise modify these time estimates based on overlap with designations that the OpenAI
28 Defendants might play and/or the parties’ continued meet and confers.
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1
2
Satya
Nadella*
Mr. Nadella, the Chairman and Chief
Executive Officer of Microsoft, will
testify about Microsoft’s collaboration
with OpenAI. He will also testify about
Microsoft’s commitment to responsible
AI and AI safety measures. He will
further testify about Microsoft’s lack of
knowledge regarding duties allegedly
owed to Mr. Musk and the breach of any
alleged duties. Moreover, he will testify
about Microsoft’s support of OpenAI
during Mr. Altman’s November 2023
firing and subsequent rehiring. He will
further respond to other assertions Mr.
Musk has made or may make.
1.0
Tasha
McCauley
If called, Ms. McCauley, a former
OpenAI Board member, will testify
about OpenAI’s decision to create a forprofit subsidiary. She will further testify
about Microsoft’s collaboration with
OpenAI, including the OpenAI Board’s
related approvals. She will also testify
about her lack of communication with
Microsoft regarding duties allegedly
owed to Mr. Musk and the breach of any
alleged duties.
0.1
3
4
5
6
7
8
9
10
Live
11
12
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15
16
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18
19
20
21
22
23
24
25
26
27
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0.1
Video
deposition
(unless
called live)
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1
2
Ermira
Murati*
Ms. Murati, OpenAI’s former Chief
Technology Officer, will testify about
OpenAI’s corporate structure and
operation, including OpenAI’s decision
to begin commercializing its models.
She will further testify about OpenAI’s
collaboration with Microsoft and
Microsoft’s lack of knowledge regarding
duties allegedly owed to Mr. Musk and
the breach of any alleged duties.
Further, she will testify about
Microsoft’s support of OpenAI during
Mr. Altman’s November 2023 firing and
subsequent rehiring.
0.3
Elon Musk* Mr. Musk, the Plaintiff, will testify about
his lack of communication with
Microsoft regarding commitments
relating to his donations or any alleged
breach. He will further testify about
OpenAI’s need for compute and capital,
as well as the cost of compute. Further,
he will testify about his knowledge
regarding Microsoft’s collaboration with
OpenAI no later than September 2020
and as early as 2019.
0.3
Live and/or
by video
deposition
Kevin
Scott*
0.4
Live
3
4
5
6
7
8
9
0.2
Video
deposition
(unless
called live)
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
Mr. Scott, the Chief Technology Officer
of Microsoft, will testify about
Microsoft’s collaboration with
OpenAI. He will also testify about
Microsoft’s commitment to responsible
AI and AI safety measures. Further, he
will testify about Microsoft’s lack of
knowledge regarding duties allegedly
owed to Mr. Musk and the breach of any
alleged duties. He will also respond to
other assertions Mr. Musk has made or
may make.
27
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1
2
Ilya
Sutskever
If called, Mr. Sutskever, a former
OpenAI board member and OpenAI
cofounder, will testify about OpenAI’s
decision to create a for-profit subsidiary.
He will further testify about Microsoft’s
collaboration with OpenAI, including the
OpenAI Board’s related approvals. He
will also testify about his lack of
communication with Microsoft regarding
duties allegedly owed to Mr. Musk and
the breach of any alleged duties.
0.1
Samuel
Teller
If called, Mr. Teller, former director of
the office of the CEO at Mr. Musk’s
companies, will testify about OpenAI’s
deliberations over its structure, including
his awareness of OpenAI’s creation of a
for-profit. He will also testify about his
lack of communication with Microsoft
regarding duties allegedly owed to Mr.
Musk and the breach of any alleged
duties.
0.2
Michael
Wetter*
Michael Wetter, Microsoft’s Corporate
Vice President of Corporate
Development, will testify about
Microsoft’s collaboration with OpenAI,
including Microsoft’s related due
diligence. He will also testify about
Microsoft’s lack of knowledge regarding
duties allegedly owed to Musk and the
breach of any alleged duties. He will
further respond to other assertions Mr.
Musk has made or may make.
0.4
3
4
5
6
7
Video
deposition
(unless
called live)
8
9
10
11
12
13
14
15
0.1
Video
deposition
(unless
called live)
16
17
18
19
20
21
22
23
24
25
26
27
28
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1
2
Shivon
Zilis*
3
4
5
6
7
Ms. Zilis, a former OpenAI Board
member, will testify about OpenAI’s
decision to create a for-profit subsidiary.
She will further testify about Microsoft’s
collaboration with OpenAI, including the
OpenAI Board’s related approvals. She
will also testify about her lack of
communication with Microsoft regarding
duties allegedly owed to Mr. Musk and
the breach of any alleged duties.
0.2
Video
deposition
(unless
called live)
8
9
Microsoft’s Stage 1 Cross of OpenAI’s Other Witnesses 6
10
11
Cross
Estimate
(hrs)
Brief Statement of Substance of
Testimony
Zico Kolter
See OpenAI’s Witness List
0.1
Live
Bret Taylor
See OpenAI’s Witness List
0.2
Live
John Coates
See OpenAI’s Witness List
0.1
Live
Peter
Frumkin
See OpenAI’s Witness List
0.1
Live
Daniel
Hemel
See OpenAI’s Witness List
0.1
Live
12
13
Direct
Estimate
(hrs)
Witness
Appearance
14
15
16
17
18
19
20
21
22
23
24
25
26
27
6
“Other witnesses” refers to witnesses that do not appear on Microsoft’s direct witness list and
28 which Microsoft expects to cross examine.
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1
Microsoft’s Stage 1 Cross of Plaintiff’s Other Witnesses
2
3
4
Witness
Brief Statement of Substance of
Testimony
Direct
Estimate
(hrs)
Cross
Estimate
(hrs)
Appearance
5
6
Rosie
Campbell
See Plaintiff’s Witness List
0.1
Live
Microsoft
30(b)(6)
See Plaintiff’s Witness List
0.25
Video
OpenAI
30(b)(6)
See Plaintiff’s Witness List
0.2
Video
Helen
Toner *
See Plaintiff’s Witness List
0.2
Live or
Video
Summary
Witness
See Plaintiff’s Witness List
0.1
Live
Stuart
Russell
See Plaintiff’s Witness List
0.2
Live
David
Schizer
See Plaintiff’s Witness List
0.25
Live
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
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1
Microsoft’s Stage 2 Direct Witnesses
2
3
4
Witness
Brief Statement of Substance of
Testimony
Direct
Estimate
(hrs)
Cross
Estimate
(hrs)
Appearance
5
6
7
8
9
Yina Arenas Microsoft would only call Ms. Arenas
for any post-trial remedy proceeding. If
called, Ms. Arenas, Microsoft’s Vice
President of Product, Azure AI Platform,
will testify about Microsoft’s products
and services that utilize OpenAI’s
models.
0.5
Live
1.0
Live
10
11
12
Jonathan
Arnold*
Summary of expert’s opinions and the
bases therefore are set out in the Joint
Expert Witness List.
13
Microsoft’s Stage 2 Cross of OpenAI’s Witnesses
14
15
16
Witness
Brief Statement of Substance of
Testimony
Direct
Estimate
(hrs)
Cross
Estimate
(hrs)
Appearance
17
18
Ilya
Strebulaev
See OpenAI’s Witness List
0.1
Live
19
Microsoft’s Stage 2 Cross of Plaintiff’s Witnesses
20
21
22
Witness
Brief Statement of Substance of
Testimony
23
24
25
C. Paul
Wazzan*
Direct
Estimate
(hrs)
See Plaintiff’s Witness List
Cross
Estimate
(hrs)
0.5
26
27
28
19
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Appearance
Live
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Case 4:24-cv-04722-YGR
1
2
DATED: February 26, 2026
3
5
7
WACHTELL, LIPTON, ROSEN & KATZ
/s/ William Frentzen
William Frentzen (CA SBN 343918)
8
Attorneys for the OpenAI Defendants
9
DATED: February 26, 2026
12
13
14
15 DATED: February 26, 2026
16
Page 22 of 23
MORRISON & FOERSTER LLP
6
11
Filed 02/26/26
/s/ William Savitt
William Savitt (pro hac vice)
4
10
Document 431
DECHERT LLP
/s/ Russell P. Cohen
Russell P. Cohen (SBN 213105)
Attorneys for Defendant Microsoft Corporation
MOLOLAMKEN LLP
17
/s/ Steven F. Molo
Steven F. Molo (pro hac vice)
18
Attorneys for Plaintiff Elon Musk
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ECF ATTESTATION
I, William Frentzen, am the ECF User whose ID and password are being used to file this
3 JOINT WITNESS LIST. In accordance with Civil Local Rule 5-1, concurrence in the filing of this
4 document has been obtained from each of the other signatories, and I shall maintain records to
5 support this concurrence for subsequent production for the Court if so ordered or for inspection upon
6 request by a party.
7
8 Date: February 26, 2026
/s/ William Frentzen
William Frentzen
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CASE NO.: 4:24-CV-04722-YGR
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