Sharp Words from Judge in Google AI Copyright Case
From today’s Order Amending Case Schedule by Judge Eumi Lee (N.D. Cal.) in In re Google Generative AI Copyright Litigation:
The parties in this case have helped themselves to more judicial resources than necessary, given the experienced counsel representing each side. Lawyers should vigorously advocate on their client’s behalf. But lawyers should also be problem-solvers. Unfortunately, a good deal of the problem-solving work in this case has been shifted to the Court. The latest example of this trend is the parties’ inability to compromise on a reasonable extension of the case schedule. See Mot. to Extend, ECF No. 173. The Court did not need six briefs to decide whether to amend the case schedule, but that is what the Court received. See ECF Nos. 173, 182, 189, 193, 195-1, 196. Having reviewed all these papers, the Court GRANTS the motion in part, albeit reluctantly.
“A schedule may be modified only for good cause and with the judge’s consent.” The good cause inquiry “primarily considers the diligence of the party seeking the amendment.” “Good cause will be shown if a scheduling order’s deadline ‘cannot reasonably be met despite the diligence of the party seeking the extension.'” But “[i]f that party was not diligent, the inquiry should end.”
The primary motivation for Plaintiffs’ motion to amend the case schedule is the fast- approaching August 8 deadline to move for class certification, which Plaintiffs wish to extend by three months. In many respects, Plaintiffs have not acted diligently to meet this deadline. At the December 18, 2024 case management conference, th
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