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Judge Orrick pushes the class certification and summary judgment hearing in the artists' suit against Stability AI, Midjourney, DeviantArt and Runway to Sept. 29, 2027
On Sept. 28, 2026, Judge William H. Orrick granted the artist plaintiffs' motion to modify the case schedule in the first copyright class action filed against image-generation companies, over Stability AI's opposition. Opening expert reports, previously due Oct. 9, 2026, are now due Dec. 8, 2026; responsive reports Jan. 25, 2027; reply reports March 11, 2027; expert discovery closes April 12, 2027. Motions for class certification and summary judgment are due June 17, 2027, with oppositions July 29 and replies Sept. 3, 2027, and the hearing on both is set for Sept. 29, 2027. No trial date is set. The judge wrote that the parties may adjust other dates by agreement but not the opening-report date, the reply date or the hearing date, adding, "I do not expect to grant any further continuances." It is the second roughly three-month extension in 2026; a February order had moved the hearing from Nov. 4, 2026 to Feb. 17, 2027. On Oct. 6, 2026 the judge denied a stipulation for still more time on contention interrogatories. The case, filed in January 2023, proceeds on copyright claims against all four defendants and Lanham Act claims against Midjourney.
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