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Twitter argues against Elon Musk’s plea to schedule trial in 2023

Credit: JozeSlb [CC BY 2.0]

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On Monday, July 18, Twitter filed a response to Elon Musk’s plea for a trial date in 2023. The social media company argued that the earliest possible trial date is “imperative” because the public dispute harms Twitter each day Musk is in breach.

Kathaleen St. J. McCormick was assigned to rule over the case. McCormick will hold a Zoom conference with Twitter and Elon Musk’s camp on Tuesday, July 19, about the trial schedule. 

Last week, the Tesla CEO’s lawyers asked for a trial date on or after February 2023, stating they need more time to sift through Twitter’s fake and spam account issues. Musk’s main reason for terminating the $44 billion deal is fake and spam account data. Musk’s legal representation also pointed out that debt financing for the Twitter takeover is valid until April 25, 2023. 

Elon Musk listed all the reasons he decided to terminate the deal with Twitter in a letter attached to a SEC filing. All his reasons are listed below. 

  1. Information related to Twitter’s process for auditing the inclusion of spam and fake accounts.
  2. Information related to Twitter’s process for identifying and suspending spam and fake accounts.
  3. Daily measures of mDAU for the past eight (8) quarters
  4. Board materials related to Twitter’s mDAU calculations
  5. Materials related to Twitter’s financial condition.

Twitter called Musk’s concerns over fake and spam account data a “contractually irrelevant sideshow.”

“Rather than address the relevant legal standard, Musk doubles down on the pretextual narrative he has already floated in the court of public opinion, now asserting that determining the accuracy of Twitter’s public disclosures concerning its estimates of false or spam accounts is extraordinarily complex that a trial cannot feasibly be completed more than seven months, until February 24, 2023,” Twitter’s July 18 filing stated. 

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Twitter asserted that the trial date must be set as early as possible, pointing out that each day the dispute remains unresolved harms the company. “Musk amplifies this harm by using the company’s own platform as a megaphone to disparage it,” highlighted the social media company. 

Read Twitter’s filing below.

Twitter argues against Elon Musk’s plea to schedule trial in 2023 by Maria Merano on Scribd

The Teslarati team would appreciate hearing from you. If you have any tips, contact me at maria@teslarati.com or via Twitter @Writer_01001101.

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Maria--aka "M"-- is an experienced writer and book editor. She's written about several topics including health, tech, and politics. As a book editor, she's worked with authors who write Sci-Fi, Romance, and Dark Fantasy. M loves hearing from TESLARATI readers. If you have any tips or article ideas, contact her at maria@teslarati.com or via X, @Writer_01001101.

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Tesla Cybercab sightings on public roads are becoming more frequent

After it was unveiled a year ago by Tesla, the company has made some pretty drastic jumps in progress in terms of the Cybercab, but a recent development has truly pushed fans of the company to think it is probably going to be available soon.

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Credit: Petersen Museum

Tesla Cybercab sightings on public roads are becoming much more frequent, and they all are pointing to one thing: imminent production.

The Tesla Cybercab is the company’s vehicle developed for fully autonomous travel, as it will be manufactured without a steering wheel or pedals, according to CEO Elon Musk.

Tesla Robotaxi Cybercab: Seats, price, special features, release date, and more

After it was unveiled a year ago by Tesla, the company has made some pretty drastic jumps in progress in terms of the Cybercab, but a recent development has truly pushed fans of the company to think it is probably going to be available soon.

Last week, we reported on the first Cybercab sighting when the vehicle was finally being tested on public roads. The spotting was not a one-time deal, as we are now seeing many more sightings on public roads:

The first spotting was in Palo Alto, just a few blocks from Tesla’s Engineering Headquarters in Los Altos. This second sighting appears to be relatively close to that first spotting, and it seems unlikely Tesla would be putting it on roads much further than that.

The public on-road testing of the Cybercab marks a major milestone in the entire project for Tesla. These early sightings and testing phases are usually followed by a lot of speculation about when the vehicle could end up in the hands of customers.

However, Tesla has already put a definitive date on when Cybercab production will begin, as Elon Musk said during the Q3 Earnings Call that it would roll off production lines in Q2 of next year.

But the speculation regarding the Cybercab is slightly different than other vehicles because Tesla has been developing it for fully autonomous travel; it’s not meant to be driven by humans but instead by software and the company’s Full Self-Driving suite.

Despite the vehicle being spotted with a steering wheel and pedals in the recent sightings, Musk has maintained that the Cybercab will not be developed with typical controls for a human. He recently confirmed this, and it does not seem the company is willing to veer too much from its plans for an autonomous car.

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Tesla Model Y Performance is rapidly moving toward customer deliveries

New drone images from noted drone operator and Gigafactory Texas observer Joe Tegtmeyer show Tesla is moving forward quickly in terms of its progress in producing the new Model Y Performance.

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Credit: Tesla

Tesla has rapidly progressed in the production of its most anticipated Model Y trim level: the Model Y Performance.

New drone images from noted drone operator and Gigafactory Texas observer Joe Tegtmeyer show Tesla is moving forward quickly in terms of its progress in producing the new Model Y Performance.

The vehicle is being spotted more frequently at the factory located just outside of Austin, with what appears to be the first units rolling out to outbound lots:

In the United States, Tesla unveiled the Model Y Performance on September 30, the newest iteration of the fastest trim level of the best-selling car in the world for the past two years. It was launched on the very last day of the $7,500 electric vehicle tax credit in the United States.

It featured a handful of performance improvements, including a 0-60 MPH acceleration rate of 3.3 seconds, a trim from the 3.5 seconds the 2025 version offered.

Additionally, the range has gone from 277 miles to 308 miles, a notable improvement in terms of how far it can travel on a charge.

There are also a handful of hardware changes that Tesla made to improve its aerodynamic performance, which all likely can be attributed to the boost in speed and acceleration, as well as range.

The vehicle was initially launched in Europe, which was not surprising, especially as Tesla was testing the new Performance trim at the famed Nurburgring in Germany.

Deliveries are currently slated for late November, but some orders are getting projections of mid-December for their Model Y Performance, which would help Tesla bolster its end-of-year delivery figures and follow up on an extremely bullish finish to Q3, which was the company’s strongest performance in history.

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Twitter co-founder Jack Dorsey endorses Elon Musk Tesla pay package

Dorsey framed the pay package as an engineering and governance crossroads for Tesla.

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Twitter co-founder and Square CEO Jack Dorsey has publicly backed Elon Musk’s leadership ahead of Tesla’s pivotal shareholder vote, which is expected to be decided later today at the company’s 2025 annual meeting. 

Dorsey framed the pay package as an engineering and governance crossroads for Tesla.

Dorsey’s public nod framed as an engineering defense of Musk

In a post on X, Dorsey weighed in on Tesla’s post about being in a “critical inflection point.” As per the Twitter-co-founder, the vote on Musk’s 2025 performance award is not about compensation. Instead, it’s about ensuring the path for the company’s engineering in the coming years. 

“This is not about compensation. it’s about ensuring a principled (and exciting!) engineering approach to the company’s future,” Dorsey wrote on his post, later stating that users of Cash app with TSLA shares would be able to vote for the CEO’s proposed 2025 performance award. 

Elon Musk appreciated Dorsey’s endorsement, responding to the Twitter co-founder’s post with a heart emoji. Musk has been pretty thankful for the support for is fellow tech executives, also thanking Michael Dell recently, who also advocated for its proposed 2025 performance award.

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Musk’s support

While Elon Musk’s 2025 performance award has received opposition from proxy advisors such as Glass Lewis and ISS, it has received quite a lot of support from longtime bulls such as ARK Invest, and, more recently, Schwab Asset Management following calls from TSLA retail shareholders. 

“Schwab Asset Management’s approach to voting on proxy matters is thorough and deliberate. We utilize a structured process that focuses on protecting and promoting shareholder value. We apply our own internal guidelines and do not rely on recommendations from Glass Lewis or ISS. In accordance with this process, Schwab Asset Management intends to vote in favor of the 2025 CEO performance award proposal. We firmly believe that supporting this proposal aligns both management and shareholder interests, ensuring the best outcome for all parties involved,” Charles Schwab told Teslarati.

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