The opinion
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4 UNITED STATES DISTRICT COURT
5 NORTHERN DISTRICT OF CALIFORNIA
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7 KARL GREGOIRE, Case No. 25-cv-02150-TSH
8 Plaintiff,
SECOND ORDER TO SHOW CAUSE
9 v.
Re: Dkt. No. 40
10 BOARD OF TRUSTEES OF SAN
FRANCISCO BAY AREA RAPID
11 TRANSIT DISTRICT,
12 Defendant.
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14 On April 24, 2026, Plaintiff filed an opposition to Defendant’s pending motion for
15 sanctions. ECF No. 40. Having reviewed Plaintiff’s filing, the Court is unable to locate three of
16 the four cases cited therein1 and is concerned that these inaccuracies suggest the possible use of
17 generative artificial intelligence tools resulting in hallucinations. Counsel of record is responsible
18 for ensuring the accuracy and reliability of all submissions to the Court, including any content
19 drafted with the assistance of artificial intelligence tools. See Fed. R. Civ. P. 11(b) (attorneys have
20 a duty to conduct a reasonable inquiry into the facts and the law when filing pleadings and
21 motions). While the Court does not prohibit or oppose the use of AI in legal advocacy, if AI tools
22 are utilized, parties have a duty to “independently verif[y] the accuracy of AI-generated content.”
23 See Oneto v. Watson, 808 F. Supp. 3d 974, 979, 981 (N.D. Cal. 2025) (awarding sanctions against
24 counsel for citing fictitious cases). Thus, counsel must not present authorities that have not been
25 independently confirmed, and counsel remains fully accountable for the contents of any filing
26 submitted under counsel’s signature.
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] Accordingly, IT IS HEREBY ORDERED that Jessica R. Barsotti, counsel for Plaintiff
2 || Karl Gregoire, shall file a declaration by May 4, 2026 that:
3 (1) identifies, verbatim and by page and line, each statement or quotation in the opposition
4 || that cites to a legal authority;
5 (2) explains the origin of each such statement and citation, including whether any
6 || generative artificial intelligence tool was used in preparing any portion of the filing, and, if so,
7 || which tool(s) and how they were used;
8 (3) sets forth the steps counsel took prior to filing to verify the accuracy of the statements
9 || and citations, including citation checking and review of the record and authorities; and
10 (4) if appropriate, provides corrected citations, supported by pinpoint references to the
11 sources.
12 The Court advises counsel that failure to comply with this Order, or a finding that counsel
13 submitted inaccurate or unreliable content without adequate verification, may result in the Court
14 || issuing sanctions, including striking the filing in whole or in part, referral to the appropriate
2 15 authorities; and monetary or other sanctions as appropriate to the circumstances and consistent
a 16 || with this Court’s authority.
2 17 IT IS SO ORDERED.
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19 || Dated: April 27, 2026
THOMAS S. HIXSON
2] United States Magistrate Judge
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