Elon Musk Y Twitter warm up engines for the trial that will face them next month. And well we say “next month”, since the Federal Court of Delaware has rejected the tycoon’s request to delay its start until November. In this way, it will take place on the dates previously scheduled: from October 17 to 21.
The request to delay the start of the trial was made public during the last week. At that time, Elon Musk’s legal team requested that the parties involved be able to prepare their cases until November 10. However, Judge Kathaleen McCormick did not consider it appropriate. “I am convinced that even a four-week delay could hurt Twitter more,” she said, as reported by Reuters.
Given this determination, both the tycoon and the social network will have to adjust their arguments for the appointment which will start in 39 days. “We expect to present our case in court beginning October 17, and we intend to close the transaction at the price and terms agreed with Mr. Musk,” a Twitter spokesperson said.
On the Elon Musk side, it wasn’t all bad news. In addition to requesting the trial date be changed, his lawyers asked that they be allowed to amend their accusations against the social network to include documents with the complaints of Peiter “Mudge” Zatko, what has been approved by Judge McCormick. The former Twitter security chief made headlines after disclosing the platform’s apparent cybersecurity problems, gaining the attention of even the United States Congress.
As reported AP, the magistrate considers that Zatko’s revelations provide grounds for Elon Musk to amend his counterclaim. In any case, she preferred not to dwell on it too much. “I am reluctant to say more about the merits of the counterclaims before they have been fully litigated. The world will have to wait for the post-trial decision,” she said.
Elon Musk must deliver his SMS to Twitter
Another striking fact that has been known is that Elon Musk must hand over his phone records to Twitter. The judge ordered the tycoon and Jared Birchall, who manages his fortune, to obtain them and hand them over to the social network. Although the legal team that accompanies the businessman had already presented his text messages, McCormick considers that there were “obvious deficiencies” in the process.
At a pre-trial hearing on Tuesday, a lawyer for Twitter read an SMS that Elon Musk sent to a Morgan Stanley banker. In it, which dated from May, he requested that the procedures for the purchase of the social network be cooled down and assured: “There’s no point in buying Twitter if we’re heading into World War III”.
The social network claims that Elon Musk changed his mind about the acquisition due to international political tension and the effects of inflation. And that he only uses the arguments related to bots, spam accounts and cybersecurity problems as a pretext to escape from a self-imposed economic commitment. In addition, it intends to show that the businessman lied when he assured that he did not speak with third parties about the agreement during “key moments” of it.