A separate #lawsuit by #ElonMusk against #SamAltman and #OpenAI alleging #RICO (among many other claims related to Musk's hurt feelings that a non-profit would spin-off or become a for-profit entity) is getting closer to trial.
Musk v. Altman (Northern District of California, 24-cv-04722)
This parallels a separate Musk-Altman lawsuit in state court. (Docs 26, 104)
The initial complaint was amended, adding Microsoft and some individuals as defendants and at least one new charge. (Doc 32) Altman countersues for unfair business practices and getting in the way of captialism. (Doc 147, 229) Musk cleans up the complaint, removing charges and parties, keeping revised RICO charges. (Doc 170)
Elon wants a preliminary injunction to prevent OpenAI becoming a for-profit corporation. (Doc 46) Judge says no. (Doc 121)
The Delaware Attorney General points out that OpenAI's reorganization is under their state law, and is already under review. (Doc 77) Musk opposes. (Doc 81) OpenAI and Microsoft call Musk out for whining. (Docs 85, 86)
OpenAI objects to Musk trying to add new evidence in a REPLY brief. (Doc 83)
Biden's FTC points out nuances of the law regarding corporate boards. (Doc 87) OpenAI points out they build AIs, not time machines. (Doc 96)
The LA fires cause a delay. (Docs 92, 93).
The California Attorney General asserts that they are immune to lawsuit. (Doc 101)
The judge throws out some charges and defendants. (Docs 144, 146, 163)
OpenAI and Microsoft argue for dismissals (Docs 173, 174, 175, 177)
Are you tired yet? The Judge is. (Doc 222)
But Discovery continues....
Motions in limine begin at 402.
Trial to begin 2026-04-27 (Docs 386, 387)
https://www.courtlistener.com/docket/69013420/musk-v-altman/





