If he was the key piece to the lawsuit the lawsuit wouldn't really have legs. To get the ball rolling someone like him would have to be critical but after they're able to get the ball rolling and get discovery if after all that all you have is one guy saying there is copyright infringement you've not found anything.
And realistically, the lawsuit is, while important, rather minor in scope and damage it could do to OpenAI. It's not like folk will go to jail, and it's not like OpenAI would have to close its doors, they would pay at most a few hundred million?