Judge Chhabria also noted that the complaint included “rhetoric and policy grievances that are not suitable for resolution by federal courts,” asserting that the plaintiffs need to understand they are in a court of law, not a town hall meeting.
In a separate order, Judge Chhabria denied Microsoft’s motion to compel arbitration, again citing the complaint’s excessive irrelevant information. He stated that it is unclear whether the arbitration clause in the Microsoft Services Agreement would cover the alleged conduct, but allowed Microsoft to refile its motion once the consumers file an amended complaint.
Microsoft, OpenAI, and counsel for the consumers did not immediately respond to requests for comment.
The consumers are represented by Michael F. Ram, John A. Yanchunis, and Ryan J. McGee of Morgan & Morgan PA, and Ryan J. Clarkson, Yana Hart, Tiara Avaness, and Tracey Cowan of Clarkson Law Firm PC. Microsoft is represented by Emily Johnson Henn, Kathryn E. Cahoy, Ashley M. Simonsen, and Isaac D. Chaput of Covington & Burling LLP.
