Atlanta Judge Threatens to Remand OpenAI Defamation Case to State Court

U.S. District Judge Michael Brown for Northern Georgia in Atlanta ordered OpenAI to show cause by Aug. 21 why the defamation suit brought against the defendant by nationally syndicated talk show host Mark Walters shouldn’t be remanded to state court for defects in its notice of removal, said Brown’s text-only order Monday (docket 1:23-cv-03122). Walters should file a response brief by Sept. 5 to OpenAI’s answer to the show-cause order, said Brown’s order. Walters alleges in a complaint that OpenAI removed July 14 from Gwinnett County Superior Court that OpenAI’s ChatGPT service defamed him to a reporter (see 2307240031). OpenAI’s notice of removal doesn’t show the Northern District of Georgia “has diversity jurisdiction over this case,” said Brown’s order. It also establishes “neither the requisite amount in controversy nor diversity of citizenship,” it said. If OpenAI doesn’t establish subject-matter jurisdiction or “otherwise comply” with the show-cause order, Brown will remand the case to state court where it originated, said the order. Walters' response to OpenAI's motion to dismiss his complaint is due Sept. 8.