SAN FRANCISCO (LN) — U.S. District Judge Yvonne Gonzalez Rogers on Monday issued a pretrial order in Elon Musk's lawsuit against OpenAI, bifurcating the trial into liability and remedies phases. The order addresses outstanding issues raised in a joint response by the parties.

The order, filed in Case No. 24-cv-4722-YGR, sets a 22-hour trial time limit for Musk and the OpenAI defendants during the liability phase, with Microsoft allotted five hours. The remedies phase is likely to begin on May 18, 2026. However, the court noted that if the advisory jury finds Musk missed the statute of limitations, it is "highly likely" to direct a verdict for the defendants.

Gonzalez Rogers established strict rules for the liability phase, barring parties from mentioning specific remedies or the scope of injunctive relief. The court also blocked expert Dr. Wazzan from testifying before the advisory jury, ruling his testimony relevant only to remedies.

The order addressed Musk's request for equitable disgorgement directed to the OpenAI charity. Musk asserted in an amended notice of remedies that he "will not seek, either at trial or in equitable proceedings afterwards, a remedy directed to benefiting himself personally," and stated that assets obtained at the charity's expense "belong to the OpenAI charity and must be returned to it."

The court expressed skepticism regarding these assertions.

"The Court has significant reservations about those statements given Musk's causes of action, the Court's prior rulings that prevent Musk from asserting claims on behalf of the nonprofit, and Musk's prior litigation conduct," Gonzalez Rogers wrote.

To proceed with the disgorgement theory, the judge ordered Musk to file a verified waiver by April 20, 2026, stating he will not seek an award for himself, xAI, or any fund he controls.

The order also addressed witness logistics, granting stipulations for Satya Nadella and Mira Murati but barring remote testimony from Tasha McCauley. The court prohibited summary witnesses and ruled that expert CVs are inadmissible hearsay unless stipulated otherwise.

Counsel for Musk indicated at the April 17 pretrial conference that he may voluntarily dismiss claims for fraud and constructive fraud. The judge ordered Musk to file either a notice of voluntary dismissal or an explanation for keeping the claims by April 20, 2026.