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Tremblay et al. v. OpenAI, Inc. et al., 3:23-cv-03223 (N.D. Cal.), lead case of In re OpenAI ChatGPT Litigation, now part of MDL No. 3143 (S.D.N.Y.)

Verified Checked against its sources on 3 sources quoted

Court or authority
US – N.D. Cal. (consolidated there, then transferred to S.D.N.Y. MDL No. 3143)
Status
CONSOLIDATED (N.D. CAL. 2024; MDL NO. 3143, S.D.N.Y., 2025)
Filed
2023-06-28 (complaint filed)
Case type
Copyright
Plaintiffs or complainants
Paul Tremblay; Mona Awad (later voluntarily dismissed her claims); proposed class of authors
Defendants
OpenAI, Inc., OpenAI, L.P., OpenAI OpCo, L.L.C., OpenAI GP, L.L.C., OpenAI Startup Fund GP I, L.L.C., OpenAI Startup Fund I, L.P., OpenAI Startup Fund Management, LLC
Legal issues
Direct copyright infringement, Vicarious copyright infringement, DMCA violation, Unfair competition, Negligence, Unjust enrichment

Summary

Authors Paul Tremblay and Mona Awad filed this proposed class action against seven OpenAI entities in the Northern District of California on June 28, 2023, alleging that OpenAI copied their books without permission to train the models behind ChatGPT. Awad later voluntarily dismissed her claims. On February 12, 2024, the court granted in part and denied in part OpenAI's motions to dismiss in this case and the nearly identical Silverman case; OpenAI had not sought dismissal of the direct copyright infringement count. The court ordered Tremblay, Silverman and Chabon consolidated. On April 3, 2025, the Judicial Panel on Multidistrict Litigation transferred the case to the Southern District of New York as part of MDL No. 3143, where the authors' claims proceed in a consolidated class case. The claims remain allegations.

Key dates

  1. June 28, 2023Filed
  2. October 16, 2026Checked against sources
  3. October 21, 2026Checked against sources

Developments are added when the record is reviewed. Next review: January 15, 2027.

Evidence

Each passage is quoted from its source. The quoted passages are re-checked against the live pages every month.

  1. Case 3:23-cv-03223 Document 1 Filed 06/28/23 Page 1 of 17

    Supports: docket number and filing date

    Plaintiffs Paul Tremblay and Mona Awad ("Plaintiffs"), on behalf of themselves and all others

    Supports: plaintiffs

    Complaint, Tremblay v. OpenAI, 3:23-cv-03223, ECF 1 U.S. District Court, N.D. Cal. (via CourtListener RECAP) Primary source

  2. Plaintiff Mona Awad voluntarily dismissed her claims without prejudice. ECF 29.

    Supports: Awad's dismissal

    the Court hereby GRANTS in part and DENIES in part the motions to dismiss for

    Supports: February 2024 ruling on motions to dismiss

    The amended complaint shall consolidate the claims in 23-cv-3223-AMO (Tremblay et al. v.

    Supports: consolidation with Chabon and Silverman

    Order Granting in Part and Denying in Part the Motions to Dismiss, Tremblay v. OpenAI, 3:23-cv-03223-AMO, ECF 104 (12 Feb. 2024) U.S. District Court, N.D. Cal. (via CourtListener RECAP) Primary source

  3. TREMBLAY, ET AL. v. OPENAI, INC., ET AL., C.A. No. 3:23-03223

    Supports: transfer to MDL No. 3143

    Transfer Order, In re OpenAI, Inc., Copyright Infringement Litigation, MDL No. 3143 (Doc. 85, 3 Apr. 2025) U.S. Judicial Panel on Multidistrict Litigation Primary source

Suggested citation. Eminence Scan, “Tremblay et al. v. OpenAI, Inc. et al., 3:23-cv-03223 (N.D. Cal.), lead case of In re OpenAI ChatGPT Litigation, now part of MDL No. 3143 (S.D.N.Y.)”, Eminence Growth Solutions, last verified October 16, 2026, https://eminencegrowthsolutions.com/tools/eminence-scan/record/case-024/.

Using our research: you may read and quote Eminence Scan with credit to “Eminence Scan, Eminence Growth Solutions” and a link; all other rights reserved. Terms: Using our research.

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