Judge Stein sets brief schedule if New York Times seeks to pursue grounding and output theories of liability v. OpenAI

Interesting order from Judge Stein in the OpenAI MDL: “ORDER: If News Plaintiffs intend to pursue their grounding and output summary judgment claims against OpenAI, they must do so by November 25, 2026.2

“The opposition is due December 11, 2026.

The reply, if any, is due December 18, 2026.

“In addition to the scheduling disruption, News Plaintiffs’ failure to seek summary judgment on their grounding and output claims against OpenAI undermines the Court-ordered word limit for summary judgment motions. (Dkt. No. 1664.)

“News Plaintiffs and OpenAI will each have 7,500 words for their respective briefs in support and in opposition, and 2,500 words for any reply brief.”

It looks like the New York Times and New Plaintiffs failed to pursue summary judgment on these claims in the initial round of briefing — which appears to have drawn criticism by Judge Stein above.