After reading the actual Order, it appears the defendants filed an application to the Court expressing concern that plaintiff, OpenAI, was potentially destroying evidence and to prevent a spoliation claim (relief due to destruction of evidence), the Judge Ordered OpenAI to stop destruction of anything (eg to preserve everything).
A person not a party to the action then filed an application to intervene in the lawsuit because the Judge's Preservation Order constituted a breach of the terms of his contract with OpenAI regarding his use of OpenAI's product - more specifically that the Intervenor entered into usage of OpenAI's product upon the agreement that OpenAI would not preserve any portion of Intervenor's communication with the OpenAI product.
The problem, as I see it, is that the Judge did not address the issue that her Order constituted a breach of Intervenor's contractual interests. That suggests to me that Intervenor did not expressly state that he held contractual rights that the Court's Order was violating. I would think the next step would be to file an Order to Show Cause directly against the Magistrate Judge claiming the Magistrate's Order constitutes an unconstitutional government taking of property without Due Process.
A person not a party to the action then filed an application to intervene in the lawsuit because the Judge's Preservation Order constituted a breach of the terms of his contract with OpenAI regarding his use of OpenAI's product - more specifically that the Intervenor entered into usage of OpenAI's product upon the agreement that OpenAI would not preserve any portion of Intervenor's communication with the OpenAI product.
The problem, as I see it, is that the Judge did not address the issue that her Order constituted a breach of Intervenor's contractual interests. That suggests to me that Intervenor did not expressly state that he held contractual rights that the Court's Order was violating. I would think the next step would be to file an Order to Show Cause directly against the Magistrate Judge claiming the Magistrate's Order constitutes an unconstitutional government taking of property without Due Process.