Wang, Ona T., United States Magistrate Judge
Plaintiff,
v.
MICROSOFT CORPORATION, OPENAI, INC., OPENAI LP, OPENAI GP, LLC, OPENAI, LLC, OPENAI OPCO LLC, OPENAI GLOBAL LLC, OAI CORPORATION, LLC, and OPENAI HOLDINGS, LLC,
Defendants
DAILY NEWS, LP, et al.,
Plaintiffs,
v.
MICROSOFT CORPORATION, et al.,
Defendants
THE CENTER FOR INVESTIGATIVE REPORTING, INC.,
Plaintiffs,
v.
OPENAI, INC., OPENAI GP, LLC, OPENAI, LLC, OPENAI OPCO LLC, OPENAI GLOBAL LLC, OAI CORPORATION, LLC, OPENAI HOLDINGS, LLC, and MICROSOFT CORPORATION,
Defendants
STIPULATION AND ORDER REGARDING PROTECTIVE ORDER
WHEREAS, the parties previously agreed that the Stipulated Protective Order entered in the case brought by The New York Daily News (ECF 129, No. 1:24-cv-03285-SHS-OTW) (“Daily News Case”) rather than the Stipulated Protective Order originally entered in the case brought The New York Times Company (ECF 127, No. 1:23-cv-11195-SHS-OTW) (“The New York Times Case”) will govern both the Daily News Case and The New York Times Case (ECF 303, No. 1:23- cv-11195-SHS-OTW).
WHEREAS, the parties now agree that the Stipulated Protective Order entered in the Daily News Case (ECF 129, No. 1:24-cv-03285-SHS-OTW) will also govern the case brought by The Center for Investigative Reporting, No. 1:23-cv-4872-SHS-OTW (“CIR Case”), rather than the Stipulated Protective Order originally entered in the CIR Case (ECF No. 129, No. 1:23-cv-4872- SHS-OTW).
WHEREAS, the parties have agreed that materials designated “HIGHLY CONFIDENTIAL – SOURCE CODE” shall be subject to the terms in the Stipulated Source Code Order filed at Dkt. 252 in The New York Times action, Case No. 23-cv-11195.
WHEREAS, Microsoft and the Daily News Plaintiffs have agreed to a modification to Paragraph 14 of the Stipulated Protective Order (ECF 129, No. 1:24-cv-03285-SHS-OTW), as set forth in more detail below.
WHEREAS, the parties have also reached agreement to modify the Stipulated Protective Order (ECF 129, No. 1:24-cv-03285-SHS-OTW) to include an additional “Outside Counsel Only” confidentiality designation, as set forth in more detail below.
THEREFORE, the Parties, through counsel, agree as follows:
1. All parties agree that the Stipulated Protective Order previously entered in the Daily News Case (ECF 129, No. 1:24-cv-03285-SHS-OTW) will govern these consolidated proceedings.
2. The parties request that the Court modify the Stipulated Protective Order (ECF 129, No. 1:24-cv-03285-SHS-OTW) to clarify that materials designated “HIGHLY CONFIDENTIAL – SOURCE CODE” shall be subject to the terms in the Stipulated Source Code Order filed at Dkt. 252 in The New York Times action, Case No. 23-cv-11195.
3. The parties request that the Court enter the following modifications to Paragraph 14 of the Stipulated Protective Order (ECF 129, No. 1:24-cv-03285-SHS-OTW), as reflected in the underlined, red text.
SO ORDERED.