A federal judge weighed in Tuesday on a long-brewing legal feud between billionaires Elon Musk and Sam Altman over OpenAI, suggesting she’s unlikely to halt the company’s plan to restructure for now.

U.S. District Judge Yvonne Gonzalez Rogers said it was a “stretch” for Musk to claim he will be irreparably harmed if she doesn't intervene to stop OpenAI from moving forward with its transition from a nonprofit research laboratory to a for-profit corporation.

The injunction Musk asked for would freeze OpenAI's transformation to a more conventional, public benefit for-profit company, just as it's in talks to raise as much as $40 billion in a funding round