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Elon Musk’s Twitter trial delay request denied, but addition of whistleblower complaint gets approval

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Elon Musk’s request to delay his trial against Twitter has been denied by a Delaware court. However, Musk’s request to include the claims put forth by whistleblower and former Twitter security chief Peiter “Mudge” Zatko in his countersuit against the social media company has also been approved.

The ruling was outlined by Chancellor Kathaleen McCormick in a letter. With this in mind, Elon Musk has gained a small win and a loss in his initial session with Twitter in court. Musk’s legal team had requested to push the trial back to mid-November, but with the rejection of the request, the trial is still expected to begin on October 17, 2022.

“Defendants’ motion to extend the case schedule is denied… In arguing that trial should be delayed by at least four weeks, Defendants contend that no external deadline creates any urgency. They observe that the merger agreement’s “termination date of October 24, 2022is automatically stayed if litigation is commenced, and debt financing has an outside date of April 25, 2023.”

“They adduce, therefore, that ‘any prejudice to Twitter can be easily mitigated by . . . continu[ing] the trial date.’ But the opposite is true. I previously rejected Defendants’ arguments in response to Twitter’s motion to expedite, making clear that the longer the delay until trial, the greater the risk of irreparable harm to Twitter. Indeed,Twitter has represented that the anticipated risk of harm has materialized over the course of this litigation.

“Twitter ‘has suffered increased employee attrition,’ which ‘undermin[es]the company’s ability to pursue its operations goals. The company has been forced for months to manage under the constrains of a repudiated merger agreement, including Defendants’ continued refusal to provide any consents for matters under the operating covenants. ‘I am convinced that even four weeks’ delay would risk further harm to Twitter too great to justify,” McCormick wrote.

But while Musk’s efforts to delay the trial were unsuccessful, the Tesla CEO’s efforts to augment his countersuit with former Twitter security chief Peiter Zatko’s whistleblower complaint were successful. Zatko had accused Twitter of fraud while also noting that the social media company did not really care to find out how many of its users were spam or fake accounts. Twitter, for its part, has been dismissive of Zatko’s whistleblower complaints.

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Twitter lawyers, during their session in a Delaware Chancery court on Tuesday, claimed that Zatko’s accusations do not meet the legal standard to nullify its merger contract with Musk even if they were true. Twitter’s legal team also noted that while Zatko did raise security concerns during his tenure with the company, Twitter investigated the issues internally and found that the security chief’s concerns were “without merit.”

McCormick, however, does not seem to agree with Twitter’s legal team on the issue.

“Defendant’s motion to amend is granted… The newly published Whistleblower Complaint would be grounds in most instances to permit an amendment under the low bar of Rule 15(a). Twitter argues that the amendment would be futile, but their arguments falter against the exceedingly movant-friendly standard of Rule 15(a). I am reticent to say more concerning the merits of the counterclaims at this posture before they have been fully litigated. The world will have to wait for the post-trial decision.

“Twitter also argues that the amendment would be prejudicial to the extent it would expand discovery and extend the case schedule, and Twitter’s arguments to this effect are far more forceful than Twitter’s futility arguments. But that prejudice can be mitigated by cabining additional discovery to the new allegations and maintaining the existing case schedule. So that is what I will do,” McCormick wrote.

Chancellor Kathaleen McCormick’s letter can be viewed below.

Letter Decision Resolving Defendants' Motion for Leave to Amend and Extend Case Schedule (003) by Simon Alvarez on Scribd

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Don’t hesitate to contact us with news tips. Just send a message to simon@teslarati.com to give us a heads up.

Simon is an experienced automotive reporter with a passion for electric cars and clean energy. Fascinated by the world envisioned by Elon Musk, he hopes to make it to Mars (at least as a tourist) someday. For stories or tips--or even to just say a simple hello--send a message to his email, simon@teslarati.com or his handle on X, @ResidentSponge.

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Elon Musk

Why Tesla Roadster unveiling delay might have nothing to do with it flying

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Credit: Grok

Tesla announced on Monday that the Roadster event scheduled for today would be postponed due to the need for it to be held outside.

Less than 24 hours later, CEO Elon Musk broadened that by stating it was due to high winds, immediately sending everyone into a frenzy over the Roadster’s potential ability to fly.

And realistically, it could definitely have to do with it flying, hovering, or hopping; whatever Tesla has in mind for this demonstration could not be impacted by wind. However, it might have nothing to do with the vehicle flying whatsoever, and instead could be a simple precaution, as the Roadster is a very unique vehicle with some already official specs that are just mind-blowing.

Tesla will very, very likely be showcasing both the acceleration rate and potentially even a top speed demo at the event in Waco. Both of these demonstrations, performed with a vehicle that has such incredibly fast metrics, could easily be impacted by wind as well.

Tesla Roadster event requires restricted airspace, and the FAA obliges

Top Speed Demo

At high speeds, aerodynamic forces are already overwhelmingly present. A crosswind or sudden gust adds a layer of sideways force that the tires must counter with slip angle. On a short demo course, that force can shove the car off the intended line, especially in a light car with a low frontal area and little mass to resist the push.

Electric cars, due to their battery packs, have an advantage of an extremely low center of gravity, giving them extra stability. However, the speeds at which the Roadster could travel at the demo could spell some issues if crosswinds are present.

Gusts are worse than a steady wind because the load changes faster than a driver can smoothly correct. That shows up as weaving or a late correction. Headwinds and tailwinds can also spell disaster. Headwinds cut a measured top speed but raise the power needed to get there or maintain it. Meanwhile, a tailwind can inflate the top speed, and downforce issues could become more noticeable.

Wind also loads the body unevenly. A low car can feel light on the upwind side or see a sudden change in downforce if the gust hits a wing or diffuser at an angle. Tire temperature and pressure might stay near a normal level, but lateral grip can be lost as the vehicle is spent fighting the wind.

Acceleration Demo

Launch and 0-60 MPH runs are shorter, so the car spends less time exposed to forces that could cause things to go awry. However, the first second is very sensitive, as a crosswind at launch could yaw the car before speed builds and prior to aerodynamic impact being too great. The driver will be required to correct traction control or manage how much the wheels are spinning, which will likely be corrected automatically by some sort of traction control system within the Roadster (we are fairly certain Tesla will implement something brilliant with it).

These things could cause an unstable run.

A headwind would increase drag as speed rises, while a tailwind would do the opposite. Meanwhile, surface effects, like wind-driven dust, light debris, or even rain, could reduce grip at the exact moment the tires are asked for peak longitudinal force. Standing water plus a crosswind is a common reason an acceleration attempt might be scrapped.

Flying or Not

No matter what Tesla has in store for the Roadster, waiting for ideal conditions is a great idea. People who follow and support the company, along with the engineers involved in the Roadster program, have been waiting nine years since the last unveiling for this moment. Everything should be ideal.

Some speculate that it’s just not ready, and that’s ridiculous. Why would Tesla even schedule the event — albeit prematurely — after nine years if it was not ready? Why would they jump the gun now?

We were all excited for today, but it truly is the most ideal thing in the world to wait two more weeks so everything, including the weather, can be perfect. The delay is simply worth it. But Tesla, seriously, make this the last one.

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SpaceX nails “Lucky 13” astronaut launch, leaning into Tesla tradition and superstition

SpaceX launched Crew-13 astronauts to the ISS Thursday, setting up a record fast Dragon docking.

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Crew Dragon sits atop Falcon 9 at sunrise on Cape Canaveral's pad 40, less than a day before four astronauts are set to launch to the ISS. (Credit: SpaceX)

SpaceX launched NASA’s Crew-13 mission to the International Space Station on Thursday morning, getting four astronauts to orbit despite a forecast of thunderstorms and gusty winds that had threatened to push the flight to Friday.

Falcon 9 lifted off from Space Launch Complex 40 at Cape Canaveral Space Force Station at 11:10 a.m. ET carrying Dragon Grace, NASA confirmed. On board are NASA commander Jessica Watkins, NASA pilot Luke Delaney, Canadian Space Agency astronaut Joshua Kutryk and Roscosmos cosmonaut Sergey Teteryatnikov. The first stage booster, B1101, landed at Landing Zone 40 beside the pad on its third flight after previously supporting Crew-12 and a Starlink mission.

It was the first spaceflight for Delaney, Kutryk and Teteryatnikov. Watkins, who flew on Crew-4 in 2022, became the first NASA astronaut to launch aboard a Crew Dragon twice.

Before launch, the crew rode to the pad in Teslas, a tradition on NASA’s SpaceX crew flights since 2020. This time the cars carried specialty plates reading “Lucky 13.” Watkins said the mission patch leans into the number on purpose, as a nod to Apollo 13 and the resilience of that crew.

Grace is now on a short trip to the station. Docking at the forward port of the Harmony module is scheduled for about 7 p.m. ET, roughly 7 hours and 50 minutes after liftoff, which Space.com notes would be the fastest Crew Dragon transit to the ISS yet. Most Dragon flights take around 15 to 24 hours to catch the station. Hatch opening is planned for 8:25 p.m. ET.

The launch came more than two weeks later than originally planned. An oxidizer leak was found in Grace’s propulsion system in August, and NASA and SpaceX added time for tests. That pushed back the return of Crew-12, which has been aboard the station since February and is now set to splash down off Southern California next week. Crew-13 is expected to stay about six months.

SpaceX rescue mission for stranded ISS astronauts nears end — Here’s when they’ll return home

SpaceX already holds NASA orders for crew rotations through Crew-17, while Boeing is preparing an uncrewed Starliner flight to the station as early as December.

Crew-13 was only the first of three SpaceX launches planned for Thursday, as Teslarati previewed on Wednesday. A Falcon 9 launched its Transporter-18 mission from California today, where Google will be launching its first orbital artificial intelligence (AI) test satellite. Meanwhile, Falcon Heavy is set to launch the classified NROL-97 mission for the National Reconnaissance Office from Launch Complex 39A at 11:53 p.m. ET. Its two side boosters will return to Landing Zones 1 and 2, which means Central Florida could hear up to three sonic booms in a single day. The busy stretch follows Starship’s Flight 14 on Monday, which reached orbit for the first time.

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Tesla moves forward on Wireless Charging for vehicles

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Credit: Tesla | X

Tesla has moved its Wireless Charging efforts for its electric vehicles forward, as it had a new patent published today, one that it submitted back in March.

The patent describes a system for detecting foreign objects on the wireless charging pad under varying temperatures, aiming to mitigate any undesired results that could come from something being on top of the charging pad.

The abstract of the patent states:

“The present disclosure relates to methods and systems that can reliably detect foreign objects on a wireless charging pad under varying temperatures. In some examples, an object detector can utilize a set of inductive coils included in resonant tanks, and excite the resonant tanks using signals in a range of frequencies including or near a nominal resonant frequency of the resonant tanks. The object detector can detect a metal object based on resistance of a coil increasing and inductance of the coil decreasing. By analyzing the shifts and/or distributions in resonant frequencies and output magnitudes (e.g., output voltage peaks), the object detector can distinguish between changes of frequencies and magnitudes caused by temperature and those caused by foreign objects to accurately detect the foreign objects.”

The object detection system will utilize a set of inductive coils included in resonant tanks, and “excite the resonant tank using signals in a range of frequencies including or near a nominal resonant frequency of the tanks.” Metal can be detected by an increase in the coil’s resistance and a decrease in the coil’s inductance.

By analyzing shifts or disruptions in resonant frequencies and output magnitudes, the system can detect foreign objects. These types of safeguards need to be implemented through the normal operation of the charging pads.

Tesla says its Cybercab wireless charging efficiency is ‘well above 90%’

Tesla plans to utilize wireless charging with Cybercab and Robotaxi-enabled units to help streamline the fully autonomous experience from A to Z. The last thing the company wants to do is have any sort of small obstruction preventing the rider from experiencing Robotaxi as intended.

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