Walters v. OpenAI, L.L.C.

Save 25% on a pre-paid one year subscription.
	Filed: None, Entered: None	Appeal Record Certified
	Pursuant to F.R.A.P.11(c), the Clerk certifies that the record is complete for purposes of this appeal, [41] Notice of Appeal. Case Appealed to USCA- 11th Circuit. Case Number 23-13843-HH. The entire record on appeal is available electronically. (pjm)
44	Filed: 11/27/2023, Entered: 11/29/2023	USCA Acknowledgment
	USCA Acknowledgment of [41] Notice of Appeal, filed by Mark Walters. Case Appealed to USCA- 11th Circuit. Case Number 23-13843-H. (pjm)
43	Filed: 11/17/2023, Entered: 11/17/2023	transmission of notice of appeal and docket sheet to USCA
	Transmission of Certified Copy of Notice of Appeal, Order and Docket Sheet to US Court of Appeals re [41] Notice of Appeal. (adg)
42	Filed: 11/17/2023, Entered: 11/17/2023	USCA Appeal Transmission
	USCA Appeal Transmission Letter to USCA 11th Circuit re: [41] Notice of Appeal, filed by Mark Walters. (adg)
41	Filed: 11/16/2023, Entered: 11/16/2023	Notice of appeal
	NOTICE OF APPEAL as to [39] Order on Motion for Attorney Fees,, Order on Motion to Dismiss for Failure to State a Claim,,, by Mark Walters. Filing fee $ 505, receipt number AGANDC-13036953. Transcript Order Form due on 11/30/2023 (Monroe, John)
40	Filed: 10/25/2023, Entered: 10/25/2023	Remark
	Electronically transmitted certified copy of remand order to Superior Court of Gwinnett County. (kng)
39	Filed: 10/25/2023, Entered: 10/25/2023	Order on Motion for attorney fees
	ORDER REMANDING this case to the Superior Court of Gwinnett County. The Court DENIES AS MOOT Defendant's [12] and [35] Motions to Dismiss for Failure to State a Claim. The Court DENIES Plaintiff's [34] Motion for Attorney Fees. Signed by Judge Michael L. Brown on 10/25/2023. (kng)
	Filed: None, Entered: None	terminated case
	Civil Case Terminated. (kng)
38	Filed: 10/20/2023, Entered: 10/20/2023	Reply Brief
	REPLY BRIEF re [34] MOTION for Attorney Fees filed by Mark Walters. (Attachments: # (1) Affidavit Second Declaration of John Monroe)(Monroe, John) Attachment 1 Affidavit Second Declaration of John Monroe
37	Filed: 10/20/2023, Entered: 10/20/2023	response in opposition to motion
	RESPONSE in Opposition re [34] MOTION for Attorney Fees filed by OpenAI, L.L.C.. (Attachments: # (1) Exhibit Declaration of Kathy Son)(Krasinski, Brendan) Attachment 1 Exhibit Declaration of Kathy Son
36	Filed: 10/16/2023, Entered: 10/16/2023	response in opposition to motion
	RESPONSE in Opposition re [35] MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Plaintiff's Amended Complaint filed by Mark Walters. (Monroe, John)
35	Filed: 10/13/2023, Entered: 10/13/2023, Terminated: 10/25/2023	Motion to Dismiss for Failure to State a Claim
	MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Plaintiff's Amended Complaint with Brief In Support by OpenAI, L.L.C.. (Attachments: # (1) Brief in Support, # (2) Exhibit 1 Walters LinkedIn, # (3) Exhibit 2 About Walters on Ammoland, # (4) Exhibit 3 Armed American Radio, # (5) Exhibit 4 Gun Freedom Radio, # (6) Exhibit 5 Riehl LinkedIn, # (7) Exhibit 6 About OpenAI, # (8) Exhibit 7 Terms of Use, # (9) Exhibit 8 Riehl May 3 ChatGPT, # (10) Exhibit 9 Riehl May 4 ChatGPT, # (11) Exhibit 10 Walters May 4 chat history, # (12) Text of Proposed Order)(Krasinski, Brendan) Attachment 1 Brief in Support Attachment 2 Exhibit 1 Walters LinkedIn Attachment 3 Exhibit 2 About Walters on Ammoland Attachment 4 Exhibit 3 Armed American Radio Attachment 5 Exhibit 4 Gun Freedom Radio Attachment 6 Exhibit 5 Riehl LinkedIn Attachment 7 Exhibit 6 About OpenAI Attachment 8 Exhibit 7 Terms of Use Attachment 9 Exhibit 8 Riehl May 3 ChatGPT Attachment 10 Exhibit 9 Riehl May 4 ChatGPT Attachment 11 Exhibit 10 Walters May 4 chat history Attachment 12 Text of Proposed Order
34	Filed: 10/6/2023, Entered: 10/6/2023, Terminated: 10/25/2023	Motion for Attorney Fees
	MOTION for Attorney Fees with Brief In Support by Mark Walters. (Attachments: # (1) Brief, # (2) Affidavit Declaration of John Monroe)(Monroe, John) Attachment 1 Brief Attachment 2 Affidavit Declaration of John Monroe
33	Filed: 10/6/2023, Entered: 10/6/2023	Response (Non-Motion)
	RESPONSE re Order,,,,,, Set Submission Deadline,,,,, filed by OpenAI, L.L.C.. (Krasinski, Brendan)
	Filed: None, Entered: None	Submission to District Judge
	Submission of [12] MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM to District Judge Michael L. Brown. (jpk)
	Filed: None, Entered: None	Order
	ORDER (by docket entry only): Defendant still has not shown the Court has diversity jurisdiction because it has not yet established the citizenship of OpenAI Holdings, LLC and Aestas Management Company, LLC (both of which are entities in Defendant's membership structure). Defendant claims (1) OpenAI Holdings, LLC has "[m]embers who are citizens of California and Michigan, or are citizens of other countries"; and (2) "Aestas Management Company, LLC's members are citizens of Alaska, Arizona, California, Colorado, Connecticut, the District of Columbia, Delaware, Florida, Illinois, Massachusetts, Maryland, Michigan, North Dakota, New Jersey, Nevada, New York, Oregon, Pennsylvania, Texas, Virginia and Washington, or are citizens of other countries, but not Georgia." (Dkt. 22 paras. 13c, 14.) These allegations are insufficient. Defendant must affirmatively identify by name each member of an LLC and then allege whatever specific facts are necessary to establish the citizenship of that member. The Court will give Defendant one last chance to do so. Defendant must file, no later than October 6, 2023, a single consolidated document showing the Court has subject matter jurisdiction over this action. Failure to do so will result in remand. Ordered by Judge Michael L. Brown on 9/22/2023. (jpk)
32	Filed: 9/14/2023, Entered: 9/14/2023	Order on Motion for extension of time to answer
	ORDER: OpenAI, L.L.C.'s Unopposed Motion for Extension of Time to Respond to Amended Complaint is GRANTED. OpenAI, L.L.C. hereby has up to and including October 13, 2023 to respond to Plaintiff's Amended Complaint. Signed by Judge Michael L. Brown on 09/14/2023. (tht)
31	Filed: 9/14/2023, Entered: 9/14/2023, Terminated: 9/14/2023	Motion for Extension of Time to File Answer
	Unopposed MOTION for Extension of Time Respond to Amended Complaint by OpenAI, L.L.C.. (Attachments: # (1) Text of Proposed Order Proposed Order)(Krasinski, Brendan) Attachment 1 Text of Proposed Order Proposed Order
30	Filed: 9/8/2023, Entered: 9/8/2023	Amended Complaint
	AMENDED COMPLAINT against OpenAI, L.L.C.with Jury Demand filed by Mark Walters.(Monroe, John) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form.
29	Filed: 9/8/2023, Entered: 9/8/2023	response in opposition to motion
	RESPONSE in Opposition re [12] MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Mark Walters. (Monroe, John)
28	Filed: 9/7/2023, Entered: 9/7/2023	Scheduling Order
	SCHEDULING ORDER APPROVING [27] Joint Preliminary Report and Discovery Plan. The time limits for adding parties, amending the pleadings, filing motions, completing discovery, and discussing settlement are as set out in the Federal Rules of Civil Procedure and the Local Rules of this Court. The four-month discovery period will begin to run upon resolution of the pending motion to dismiss [12] and any subsequent answer filed by Defendant. Signed by Judge Michael L. Brown on 9/7/2023. (kng)
27	Filed: 9/4/2023, Entered: 9/4/2023	Joint Preliminary Report and Discovery Plan
	JOINT PRELIMINARY REPORT AND DISCOVERY PLAN filed by OpenAI, L.L.C.. (Krasinski, Brendan)
26	Filed: 8/25/2023, Entered: 8/25/2023	Order on motion for extension of time
	ORDER GRANTING [25] Consent MOTION for Extension of Time Submit Joint Preliminary Report and Discovery Plan. The Parties hereby have up to and including 9/4/2023. Signed by Judge Michael L. Brown on 8/25/2023. (kng)
25	Filed: 8/24/2023, Entered: 8/24/2023, Terminated: 8/25/2023	Motion for Extension of Time
	Consent MOTION for Extension of Time Submit Joint Preliminary Report and Discovery Plan by OpenAI, L.L.C.. (Attachments: # (1) Text of Proposed Order Proposed Order on Consent Motion)(Krasinski, Brendan) Attachment 1 Text of Proposed Order Proposed Order on Consent Motion
24	Filed: 8/21/2023, Entered: 8/21/2023	Certificate of service
	CERTIFICATE OF SERVICE of Initial Disclosures by OpenAI, L.L.C..(Krasinski, Brendan)
23	Filed: 8/21/2023, Entered: 8/21/2023	Response to order to show cause
	RESPONSE TO ORDER TO SHOW CAUSE re: Order,,,, Set Submission Deadline,,,. (Monroe, John)
22	Filed: 8/21/2023, Entered: 8/21/2023	Response to order to show cause
	RESPONSE TO ORDER TO SHOW CAUSE re: Order,,,, Set Submission Deadline,,, filed by OpenAI, L.L.C.. (Attachments: # (1) Exhibit A)(Krasinski, Brendan) Attachment 1 Exhibit A
21	Filed: 8/8/2023, Entered: 8/8/2023	Order on motion for extension of time
	ORDER GRANTING [20] Joint MOTION for Extension of Time to Submit the Joint Preliminary Report and Discovery Plan. The Parties have up to and including 8/28/2023. Signed by Judge Michael L. Brown on 8/8/2023. (kng)
20	Filed: 8/7/2023, Entered: 8/7/2023, Terminated: 8/8/2023	Motion for Extension of Time
	Joint MOTION for Extension of Time to Submit the Joint Preliminary Report and Discovery Plan by OpenAI, L.L.C.. (Attachments: # (1) Text of Proposed Order)(Krasinski, Brendan) Attachment 1 Text of Proposed Order
	Filed: None, Entered: None	Order
	ORDER (by docket entry only): Defendant's Notice of Removal (Dkt. 1) does not show the Court has diversity jurisdiction over this case. It establishes neither the requisite amount in controversy nor diversity of citizenship (even considering Defendant's Notice of Member Citizenship (Dkt.11), which simply identifies Defendant's member LLC and then vaguely claims "[n]one of [that] LLC's members or constituent entities are citizens of Georgia."). The Court ORDERS Defendant to show cause, no later than August 21, 2023, why this case should not be remanded for lack of subject matter jurisdiction. The Court ORDERS Plaintiff to file a response brief no later than September 5, 2023. If Defendant does not establish subject matter jurisdiction or otherwise comply with this Order, the Court will remand this case to state court. Ordered by Judge Michael L. Brown on 8/7/2023. (jpk)
19	Filed: 7/26/2023, Entered: 7/26/2023	Order on motion for extension of time
	ORDER GRANTING [18] Unopposed MOTION for Extension of Time to file response to Defendant's Motion to Dismiss re [12]. Plaintiff shall have through and including 9/8/2023 in which to file a response to Defendant's Motion to Dismiss. Signed by Judge Michael L. Brown on 07/26/2023. (kng)
18	Filed: 7/26/2023, Entered: 7/26/2023, Terminated: 7/26/2023	Motion for Extension of Time
	Unopposed MOTION for Extension of Time to file response to Defendant's Motion to Dismiss re: [12] MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by Mark Walters. (Attachments: # (1) Brief, # (2) Text of Proposed Order)(Monroe, John) Attachment 1 Brief Attachment 2 Text of Proposed Order
17	Filed: 7/24/2023, Entered: 7/24/2023	Order on Application for Admission PHV
	ORDER GRANTING [10] Application for Admission Pro Hac Vice of Daniel Lee Tobey. Signed by Judge Michael L. Brown on 07/24/2023. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(kng)
	Request
16	Filed: 7/24/2023, Entered: 7/24/2023	Order on Application for Admission PHV
	ORDER GRANTING [9] Application for Admission Pro Hac Vice of Ashley Allen Carr. Signed by Judge Michael L. Brown on 07/24/2023. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(kng)
	Request
15	Filed: 7/24/2023, Entered: 7/24/2023	Order on Application for Admission PHV
	ORDER GRANTING [8] Application for Admission Pro Hac Vice of Peter Karanjia. Signed by Judge Michael L. Brown on 07/24/2023. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(kng)
	Request
14	Filed: 7/24/2023, Entered: 7/24/2023	Order on Application for Admission PHV
	ORDER GRANTING [7] Application for Admission Pro Hac Vice of Marie Bussey-Garza. Signed by Judge Michael L. Brown on 07/24/2023. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(kng)
	Request
13	Filed: 7/24/2023, Entered: 7/24/2023	Order on Application for Admission PHV
	ORDER GRANTING [6] Application for Admission Pro Hac Vice of Ilana H. Eisenstein. Signed by Judge Michael L. Brown on 07/24/2023. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(kng)
	Request
	Filed: None, Entered: None	Clerks Certificate of Mailing
	Clerk's Certificate of Mailing re [13] Order on Application for Admission PHV to Ilana H. Eisenstein, [14] Order on Application for Admission PHV to Marie Bussey-Garza, [15] Order on Application for Admission PHV to Peter Karanjia, [16] Order on Application for Admission PHV to Ashley Allen Carr, [17] Order on Application for Admission PHV to Daniel Lee Tobey. (kng)
12	Filed: 7/21/2023, Entered: 7/21/2023, Terminated: 10/25/2023	Motion to Dismiss for Failure to State a Claim
	MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by OpenAI, L.L.C.. (Attachments: # (1) Brief Memorandum of Law In Support of Motion to Dismiss, # (2) Exhibit Exhibit 1 - Memo of Law, # (3) Exhibit Exhibit 2 - Memo of Law, # (4) Exhibit Exhibit 3 - Memo of Law, # (5) Exhibit Exhibit 4 - Memo of Law, # (6) Exhibit Exhibit 5 - Memo of Law, # (7) Exhibit Exhibit 6 - Memo of Law, # (8) Exhibit Exhibit 7 - Memo of Law, # (9) Exhibit Exhibit 8 - Memo of Law, # (10) Exhibit Exhibit 9 - Memo of Law, # (11) Exhibit Exhibit 10 - Memo of Law, # (12) Text of Proposed Order Proposed Order Granting MTD)(Krasinski, Brendan) Attachment 1 Brief Memorandum of Law In Support of Motion to Dismiss Attachment 2 Exhibit Exhibit 1 - Memo of Law Attachment 3 Exhibit Exhibit 2 - Memo of Law Attachment 4 Exhibit Exhibit 3 - Memo of Law Attachment 5 Exhibit Exhibit 4 - Memo of Law Attachment 6 Exhibit Exhibit 5 - Memo of Law Attachment 7 Exhibit Exhibit 6 - Memo of Law Attachment 8 Exhibit Exhibit 7 - Memo of Law Attachment 9 Exhibit Exhibit 8 - Memo of Law Attachment 10 Exhibit Exhibit 9 - Memo of Law Attachment 11 Exhibit Exhibit 10 - Memo of Law Attachment 12 Text of Proposed Order Proposed Order Granting MTD
11	Filed: 7/21/2023, Entered: 7/21/2023	Notice (other)
	NOTICE by OpenAI, L.L.C. re [1] Notice of Removal, of Member Citizenship (Krasinski, Brendan)
	Filed: None, Entered: None	Approval of Application for Admission Pro Hac Vice
	APPROVAL by Clerks Office re: [10] APPLICATION for Admission of Daniel Lee Tobey Pro Hac Vice (Application fee $ 150, receipt number AGANDC-12758215). Attorney Daniel Tobey added appearing on behalf of OpenAI, L.L.C. E-filing access may be requested after an order granting the application is entered. (rvb)
	Filed: None, Entered: None	Approval of Application for Admission Pro Hac Vice
	APPROVAL by Clerks Office re: [9] APPLICATION for Admission of Ashley Allen Carr Pro Hac Vice (Application fee $ 150, receipt number AGANDC-12758129). Attorney Ashley Allen Carr added appearing on behalf of OpenAI, L.L.C. E-filing access may be requested after an order granting the application is entered. (rvb)
	Filed: None, Entered: None	Approval of Application for Admission Pro Hac Vice
	APPROVAL by Clerks Office re: [8] APPLICATION for Admission of Peter Karanjia Pro Hac Vice (Application fee $ 150, receipt number AGANDC-12758122). Attorney Peter Karanjia added appearing on behalf of OpenAI, L.L.C. E-filing access may be requested after an order granting the application is entered. (rvb)
	Filed: None, Entered: None	Approval of Application for Admission Pro Hac Vice
	APPROVAL by Clerks Office re: [7] APPLICATION for Admission of Marie Bussey-Garza Pro Hac Vice (Application fee $ 150, receipt number AGANDC-12758107). Attorney Marie Bussey-Garza added appearing on behalf of OpenAI, L.L.C. E-filing access may be requested after an order granting the application is entered. (rvb)
	Filed: None, Entered: None	Approval of Application for Admission Pro Hac Vice
	APPROVAL by Clerks Office re: [6] APPLICATION for Admission of Ilana H. Eisenstein Pro Hac Vice (Application fee $ 150, receipt number AGANDC-12758076). Attorney Ilana H. Eisenstein added appearing on behalf of OpenAI, L.L.C.. E-filing access may be requested after an order granting the application is entered. (rvb)
10	Filed: 7/20/2023, Entered: 7/20/2023, Terminated: 7/24/2023	Application for Admission Pro Hac Vice
	APPLICATION for Admission of Daniel Lee Tobey Pro Hac Vice (Application fee $ 150, receipt number AGANDC-12758215).by OpenAI, L.L.C.. (Krasinski, Brendan) Documents for this entry are not available for viewing outside the courthouse.
	Request
9	Filed: 7/20/2023, Entered: 7/20/2023, Terminated: 7/24/2023	Application for Admission Pro Hac Vice
	APPLICATION for Admission of Ashley Allen Carr Pro Hac Vice (Application fee $ 150, receipt number AGANDC-12758129).by OpenAI, L.L.C.. (Krasinski, Brendan) Documents for this entry are not available for viewing outside the courthouse.
	Request
8	Filed: 7/20/2023, Entered: 7/20/2023, Terminated: 7/24/2023	Application for Admission Pro Hac Vice
	APPLICATION for Admission of Peter Karanjia Pro Hac Vice (Application fee $ 150, receipt number AGANDC-12758122).by OpenAI, L.L.C.. (Krasinski, Brendan) Documents for this entry are not available for viewing outside the courthouse.
	Request
7	Filed: 7/20/2023, Entered: 7/20/2023, Terminated: 7/24/2023	Application for Admission Pro Hac Vice
	APPLICATION for Admission of Marie Bussey-Garza Pro Hac Vice (Application fee $ 150, receipt number AGANDC-12758107).by OpenAI, L.L.C.. (Krasinski, Brendan) Documents for this entry are not available for viewing outside the courthouse.
	Request
6	Filed: 7/20/2023, Entered: 7/20/2023, Terminated: 7/24/2023	Application for Admission Pro Hac Vice
	APPLICATION for Admission of Ilana H. Eisenstein Pro Hac Vice (Application fee $ 150, receipt number AGANDC-12758076).by OpenAI, L.L.C.. (Krasinski, Brendan) Documents for this entry are not available for viewing outside the courthouse.
	Request
Save 25% on a pre-paid one year subscription.
5	Filed: 7/17/2023, Entered: 7/17/2023	Certificate of Interested Persons/Corporate Disclosure Statement
	Certificate of Interested Persons and Corporate Disclosure Statement by Mark Walters. (Monroe, John)
4	Filed: 7/17/2023, Entered: 7/17/2023	Leave of Absence
	Request for Leave of Absence for the following date(s): 7/31- 8/4/2023, 8/9- 8/23/2023 by John R. Monroe. (Monroe, John) Modified to condense dates on 7/18/2023 (kng).
3	Filed: 7/17/2023, Entered: 7/17/2023	Certificate of Interested Persons/Corporate Disclosure Statement
	Certificate of Interested Persons and Corporate Disclosure Statement by OpenAI, L.L.C. identifying Corporate Parent OpenAI OpCo, LLC, Corporate Parent OpenAI, Inc., Other Affiliate Microsoft Corporation for OpenAI, L.L.C.. (Krasinski, Brendan)
2	Filed: 7/17/2023, Entered: 7/17/2023	Order
	STANDING ORDER regarding Civil Litigation. Signed by Judge Michael L. Brown on 8/26/2021. (jpk)
1	Filed: 7/14/2023, Entered: 7/17/2023	Notice of Removal
	NOTICE OF REMOVAL with COMPLAINT filed by OpenAI, L.L.C. (Filing fee $ 402 receipt number AGANDC-12743652) (Attachments: # (1) Exhibit A - Complaint, # (2) Exhibit B, # (3) Civil Cover Sheet)(tas) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form. Attachment 1 Exhibit A - Complaint Attachment 2 Exhibit B Attachment 3 Civil Cover Sheet

No calendar events were found for this docket.

No related records were found.

To request information suppression, updates, or additions, contact us about this docket.

To update this case yourself, sign into PACER (paid PACER subscription required)

PACER Shortcuts

• Search for Party Aliases
• Associated Cases
• Attorneys
• Case File Location
• Case Summary
• Docket Report
• History/Documents
• Parties
• Related Transactions
• Check Status