Earlier in August, U.S. District Judge Yvonne Gonzalez Rogers ruled that Musk must face OpenAI's claims that the billionaire, through press statements, social media posts, legal claims and "a sham bid for OpenAI's assets," attempted to harm the AI startup.

A Musk-led consortium offered $97.4 billion to buy OpenAI as part of his continuing legal battle with the company he co-founded alongside Sam Altman.

In a statement, OpenAI told the court that Elon Musk may have approached Meta CEO Mark Zuckerberg with a letter of intent "about potential financing arrangements or investments."