Joint MOTION to Vacate Scheduling Conference and Suspend Case Deadlines and Stipulation to Temporarily Stay Enforcement by Intervenor Plaintiff United States. (Attachments: # (1) Proposed Order (PDF Only))(Gieseke, Greta)
No tags have been applied so far. Sign in to add some.
There was a problem locating the requested document.
Page 1 Case No. 1:26-cv-01515-DDD-CYC
Document 22
pg 1 of 5
filed 04/24/26
USDC Colorado
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 1:26-cv-01515-DDD-CYC
X.AI, LLC,
Plaintiff, and
UNITED STATES OF AMERICA,
Plaintiff-Intervenor,
v.
PHILIP J. WEISER, Colorado Attorney General,
Defendant.
REVISED JOINT MOTION TO VACATE SCHEDULING CONFERENCE AND
SUSPEND CASE DEADLINES AND STIPULATION TO TEMPORARILY STAY
ENFORCEMENT
______________________________________________________________________________
Plaintiff X.AI, LLC (xAI); Plaintiff-Intervenor United States of America; and Defendant
Philip J. Weiser, Colorado Attorney General (the Colorado Attorney General), through their
respective undersigned counsel, jointly move to vacate the June 16, 2026 Scheduling Conference
and suspend all case deadlines pending the completion of rulemaking on SB24-205 or any
successor legislation and the resolution of xAI’s forthcoming motion for a preliminary injunction,
during which time enforcement of SB24-205 or any successor statute enacted during this
legislative session will be stayed.
On April 9, 2026, xAI filed suit seeking to enjoin enforcement of SB24-205, which
becomes effective June 30, 2026. Compl. (Doc. 1). Before and since April 9, xAI’s and the
Colorado Attorney General’s counsel have conferred regarding xAI’s intent to file a motion for a
preliminary injunction to enjoin the enforcement of SB24-205 against xAI. On April 24, 2026, thePage 2 Case No. 1:26-cv-01515-DDD-CYC
Document 22
pg 2 of 5
filed 04/24/26
USDC Colorado
United States filed a Motion to Intervene (Doc. 12), which the Court granted the same day (Doc.
16), and a Complaint in Intervention (Doc. 17). Shortly after the Court granted the United States’
Motion to Intervene, xAI and the Colorado Attorney General filed a Joint Motion to Vacate
Scheduling Conference and Suspend Case Deadlines and Stipulation to Temporarily Stay
Enforcement (Doc. 18). All parties now seek to replace that Joint Motion (Doc. 18) with this
Revised Joint Motion, which is joined by the United States.
On March 17, 2026, the Colorado AI Policy Working Group convened by Governor Polis
published a draft proposed bill to repeal and replace SB24-205. Given the possibility that
legislation replacing or amending SB24-205 will be enacted during the 2026 Regular Session of
the Colorado General Assembly, the Colorado Attorney General does not intend to promulgate
rules implementing SB24-205 or any legislation replacing or amending SB24-205 until the
legislative session concludes. Further, the Colorado Attorney General does not intend to enforce
SB24-205 or any legislation replacing or amending SB24-205 until after the rulemaking process
has concluded. The parties have therefore stipulated and propose as follows:
1.
The Colorado Attorney General has exclusive authority to enforce SB24-205. Colo.
Rev. Stat. § 6-1-1706(1).
2.
The Colorado Attorney General agrees not to initiate enforcement, including but
not limited to the initiation of an investigation, for alleged violations of SB24-205 (or any
legislation replacing or amending SB24-205 enacted during this legislative session) that occurred
or may occur on or before 14 days after the date this Court issues a ruling on xAI’s forthcoming
motion for a preliminary injunction in this case.Page 3 Case No. 1:26-cv-01515-DDD-CYC
3.
Document 22
pg 3 of 5
filed 04/24/26
USDC Colorado
xAI agrees to submit a motion for preliminary injunction and, if necessary, file an
amended complaint, within 28 days after final adoption of rulemaking implementing SB24-205 or
any legislation that may replace or amend SB24-205.
4.
Due to the possibility of legislation replacing or amending SB24-205 and the need
for the Colorado Attorney General to engage in rulemaking before enforcement of SB24-205 or
legislation replacing or amending SB24-205, the parties respectfully request that the Court vacate
the Scheduling Conference scheduled for June 16, 2026, and suspend all case management and
other deadlines pending the Court’s resolution of xAI’s forthcoming motion for preliminary
injunction.
5.
The parties submit a proposed order granting their requested relief with this joint
motion and stipulation.Page 4 Case No. 1:26-cv-01515-DDD-CYC
Document 22
pg 4 of 5
filed 04/24/26
USDC Colorado
Respectfully submitted this 24th day of April.
s/ William D. Hauptman
Frederick R. Yarger
William D. Hauptman
Wheeler Trigg O’Donnell LLP
370 Seventeenth Street, Suite 4500
Denver, CO 80202
Telephone: 303.244.1800
Facsimile: 303.244.1879
Email: yarger@wtotrial.com
hauptman@wtotrial.com
James Burnham
X.AI LLC
601 13th Street NW 12th Floor
Washington, DC 20005
Email: jburnham@x.ai
Adam Mehes
Argirios J. Nickas
X.AI LLC
249 W. 17th Street
New York, NY 10011
Email: amehes@x.ai
anickas@x.ai
Reid Coleman
X.AI LLC
865 FM 1209, Building 2
Bastrop, TX 78602
Email: rcoleman@x.ai
Attorneys for Plaintiff X.AI LLC
BRETT A. SHUMATE
Assistant Attorney General
YAAKOV M. ROTH
Principal Deputy Assistant Attorney General
CHARLES E.T. ROBERTS
Counsel to the Assistant Attorney General
ALEXANDRA MCTAGUE SCHULTE
Senior Litigation Counsel
Enforcement & Affirmative Litigation Branch
Civil Division
U.S. Department of Justice
HARMEET K. DHILLON
Assistant Attorney General
JESUS A. OSETE
Principal Deputy Assistant Attorney General
ERIC SELL
Deputy Assistant Attorney General
s/ Greta Gieseke
GRETA GIESEKE
JOSHUA R. ZUCKERMAN
Attorneys
Civil Rights Division
U.S. Department of Justice
950 Pennsylvania Ave. NW
Washington, DC 20530
Telephone: (202) 514-3847
Email: Greta.Gieseke@usdoj.gov
ATTORNEYS FOR PLAINTIFFINTERVENOR UNITED STATES OF
AMERICAPage 5 Case No. 1:26-cv-01515-DDD-CYC
Document 22
pg 5 of 5
filed 04/24/26
USDC Colorado
PHILIP J. WEISER
Attorney General
/s/ Heather Kelly
Heather Kelly 36052*
First Assistant Attorney General
Kate Field
Senior Assistant Attorney General
Ralph L. Carr Colorado Judicial Center
1300 Broadway, 6th Floor
Denver, CO 80203
Telephone:
720.508.6152
Facsimile:
720.508.6041
Email: heather.kelly@coag.gov
kate.field@coag.gov
*Counsel of Record
Attorneys for Defendant Philip J. Weiser,
Colorado Attorney General
PDF Page 1
PlainSite Cover Page
PDF Page 2
Case No. 1:26-cv-01515-DDD-CYC
Document 22
pg 1 of 5
filed 04/24/26
USDC Colorado
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 1:26-cv-01515-DDD-CYC
X.AI, LLC,
Plaintiff, and
UNITED STATES OF AMERICA,
Plaintiff-Intervenor,
v.
PHILIP J. WEISER, Colorado Attorney General,
Defendant.
REVISED JOINT MOTION TO VACATE SCHEDULING CONFERENCE AND
SUSPEND CASE DEADLINES AND STIPULATION TO TEMPORARILY STAY
ENFORCEMENT
______________________________________________________________________________
Plaintiff X.AI, LLC (xAI); Plaintiff-Intervenor United States of America; and Defendant
Philip J. Weiser, Colorado Attorney General (the Colorado Attorney General), through their
respective undersigned counsel, jointly move to vacate the June 16, 2026 Scheduling Conference
and suspend all case deadlines pending the completion of rulemaking on SB24-205 or any
successor legislation and the resolution of xAI’s forthcoming motion for a preliminary injunction,
during which time enforcement of SB24-205 or any successor statute enacted during this
legislative session will be stayed.
On April 9, 2026, xAI filed suit seeking to enjoin enforcement of SB24-205, which
becomes effective June 30, 2026. Compl. (Doc. 1). Before and since April 9, xAI’s and the
Colorado Attorney General’s counsel have conferred regarding xAI’s intent to file a motion for a
preliminary injunction to enjoin the enforcement of SB24-205 against xAI. On April 24, 2026, the
PDF Page 3
Case No. 1:26-cv-01515-DDD-CYC
Document 22
pg 2 of 5
filed 04/24/26
USDC Colorado
United States filed a Motion to Intervene (Doc. 12), which the Court granted the same day (Doc.
16), and a Complaint in Intervention (Doc. 17). Shortly after the Court granted the United States’
Motion to Intervene, xAI and the Colorado Attorney General filed a Joint Motion to Vacate
Scheduling Conference and Suspend Case Deadlines and Stipulation to Temporarily Stay
Enforcement (Doc. 18). All parties now seek to replace that Joint Motion (Doc. 18) with this
Revised Joint Motion, which is joined by the United States.
On March 17, 2026, the Colorado AI Policy Working Group convened by Governor Polis
published a draft proposed bill to repeal and replace SB24-205. Given the possibility that
legislation replacing or amending SB24-205 will be enacted during the 2026 Regular Session of
the Colorado General Assembly, the Colorado Attorney General does not intend to promulgate
rules implementing SB24-205 or any legislation replacing or amending SB24-205 until the
legislative session concludes. Further, the Colorado Attorney General does not intend to enforce
SB24-205 or any legislation replacing or amending SB24-205 until after the rulemaking process
has concluded. The parties have therefore stipulated and propose as follows:
1.
The Colorado Attorney General has exclusive authority to enforce SB24-205. Colo.
Rev. Stat. § 6-1-1706(1).
2.
The Colorado Attorney General agrees not to initiate enforcement, including but
not limited to the initiation of an investigation, for alleged violations of SB24-205 (or any
legislation replacing or amending SB24-205 enacted during this legislative session) that occurred
or may occur on or before 14 days after the date this Court issues a ruling on xAI’s forthcoming
motion for a preliminary injunction in this case.
PDF Page 4
Case No. 1:26-cv-01515-DDD-CYC
3.
Document 22
pg 3 of 5
filed 04/24/26
USDC Colorado
xAI agrees to submit a motion for preliminary injunction and, if necessary, file an
amended complaint, within 28 days after final adoption of rulemaking implementing SB24-205 or
any legislation that may replace or amend SB24-205.
4.
Due to the possibility of legislation replacing or amending SB24-205 and the need
for the Colorado Attorney General to engage in rulemaking before enforcement of SB24-205 or
legislation replacing or amending SB24-205, the parties respectfully request that the Court vacate
the Scheduling Conference scheduled for June 16, 2026, and suspend all case management and
other deadlines pending the Court’s resolution of xAI’s forthcoming motion for preliminary
injunction.
5.
The parties submit a proposed order granting their requested relief with this joint
motion and stipulation.
PDF Page 5
Case No. 1:26-cv-01515-DDD-CYC
Document 22
pg 4 of 5
filed 04/24/26
USDC Colorado
Respectfully submitted this 24th day of April.
s/ William D. Hauptman
Frederick R. Yarger
William D. Hauptman
Wheeler Trigg O’Donnell LLP
370 Seventeenth Street, Suite 4500
Denver, CO 80202
Telephone: 303.244.1800
Facsimile: 303.244.1879
Email: yarger@wtotrial.com
hauptman@wtotrial.com
James Burnham
X.AI LLC
601 13th Street NW 12th Floor
Washington, DC 20005
Email: jburnham@x.ai
Adam Mehes
Argirios J. Nickas
X.AI LLC
249 W. 17th Street
New York, NY 10011
Email: amehes@x.ai
anickas@x.ai
Reid Coleman
X.AI LLC
865 FM 1209, Building 2
Bastrop, TX 78602
Email: rcoleman@x.ai
Attorneys for Plaintiff X.AI LLC
BRETT A. SHUMATE
Assistant Attorney General
YAAKOV M. ROTH
Principal Deputy Assistant Attorney General
CHARLES E.T. ROBERTS
Counsel to the Assistant Attorney General
ALEXANDRA MCTAGUE SCHULTE
Senior Litigation Counsel
Enforcement & Affirmative Litigation Branch
Civil Division
U.S. Department of Justice
HARMEET K. DHILLON
Assistant Attorney General
JESUS A. OSETE
Principal Deputy Assistant Attorney General
ERIC SELL
Deputy Assistant Attorney General
s/ Greta Gieseke
GRETA GIESEKE
JOSHUA R. ZUCKERMAN
Attorneys
Civil Rights Division
U.S. Department of Justice
950 Pennsylvania Ave. NW
Washington, DC 20530
Telephone: (202) 514-3847
Email: Greta.Gieseke@usdoj.gov
ATTORNEYS FOR PLAINTIFFINTERVENOR UNITED STATES OF
AMERICA
PDF Page 6
Case No. 1:26-cv-01515-DDD-CYC
Document 22
pg 5 of 5
filed 04/24/26
USDC Colorado
PHILIP J. WEISER
Attorney General
/s/ Heather Kelly
Heather Kelly 36052*
First Assistant Attorney General
Kate Field
Senior Assistant Attorney General
Ralph L. Carr Colorado Judicial Center
1300 Broadway, 6th Floor
Denver, CO 80203
Telephone:
720.508.6152
Facsimile:
720.508.6041
Email: heather.kelly@coag.gov
kate.field@coag.gov
*Counsel of Record
Attorneys for Defendant Philip J. Weiser,
Colorado Attorney General
Third party AI contribution in government documents
Possible
Document content is reproduced directly from government sources. Some filings in our database may themselves contain AI-generated content submitted by third parties to government agencies.
Back to 
