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Elon Musk’s Twitter trial delay request denied, but addition of whistleblower complaint gets approval
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.
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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Tesla launched unsupervised Robotaxi service in San Antonio, Texas, on November 9, 2026, with the first rides beginning at 5 a.m. local time.
The company’s official Robotaxi account on X posted the announcement just after midnight, sharing a map that outlines a large operational zone covering much of the city. The geofence is roughly 274 to 275 square miles, making it Tesla’s largest day-one Robotaxi service area to date.
🚨 Tesla just announced that Robotaxi is available in San Antonio, TX
First rides at 5am local time! https://t.co/azck6NlD8H
— TESLARATI (@Teslarati) November 9, 2026
The zone centers on downtown, covers nearly everything inside Loop 410, and extends north to Loop 1604 between Interstate 10 and U.S. 281, with further reach west past State Highway 151, east beyond I-35, and south toward I-37. This area encompasses about one million residents and hundreds of thousands of jobs.
San Antonio International Airport lies inside the geofence, though Tesla is not currently offering airport pickups or drop-offs. This hopefully will happen soon, as ride-sharing to and from the airport can be expensive.
The launch makes San Antonio Tesla’s eighth unsupervised Robotaxi city and its fifth in Texas, joining Austin, Houston, Dallas, and Fort Worth. Florida markets in Miami, Orlando, and Tampa are also live.
🚨 Here’s every active geofence, by size (not including the Bay Area geofence):
• Austin: 435 sq mi (first ride Jun 22, 2025) · Cybercabs live, expanded today • San Antonio: ~275 sq mi (first ride Nov 9, 2026) • Houston: 254 sq mi (Apr 18, 2026) • Fort Worth: 143 sq mi (Nov 2, 2026) • Dallas: 81 sq mi (Apr 18, 2026) • Miami: 31 sq mi (Jul 3, 2026) • Orlando: 26 sq mi (Jul 21, 2026) • Tampa: 24 sq mi (Jul 21, 2026)
— TESLARATI (@Teslarati) November 9, 2026
Service uses modified Model Y vehicles operating without a safety driver in the vehicle, consistent with recent unsupervised expansions. Cybercab two-seaters remain limited primarily to Austin for now. It’s worth noting that Dept. of Transportation officials in Texas have already ok’d the Cybercab’s operation in Austin, and one official called it “a tangible example of how quickly our transportation system is evolving.”
San Antonio was previously listed among near-term targets in Tesla’s October 2026 Robotaxi safety materials, alongside Las Vegas, Phoenix, and Jacksonville. The rapid Texas rollout follows Fort Worth’s unsupervised debut on November 2 and builds on Austin’s original launch in June 2025.
The 274-square-mile debut remains substantially larger than Waymo’s local footprint and marks continued progress in Tesla’s unsupervised autonomy efforts after starting the year with no such rides. The company has stated ambitions for broader 24/7 operations by the end of 2026 as vehicle counts and software reliability improve.
Tesla has started to perform earthworks engineering on the roughly 3,000-acre site in Fort Bend County, Texas, advancing the massive $10 billion Project Crystal Sun plan to build a vertically integrated solar manufacturing complex.
Flyover drone footage from S.E. Robinson, Jr. released this morning shows the location under development. Tesla has crews on site performing large clearings, but you can also see equipment staging areas, the use of an existing homestead, and active leveling across a substantial portion of the property.
Tesla has started construction on Project Crystal Sun, its $10B vertically integrated solar factory near Houston, Texas.
The plant will make everything from silicon ingots and wafers to finished cells and panels, with operations targeted for Q1 2029.
@SERobinsonJr with a great flyover of the facility:
— TESLARATI (@Teslarati) November 9, 2026
Public filings first submitted in July under Texas’s Jobs, Energy, Technology and Innovation Act describe a plant that would manufacture the full solar chain: everything from silicon ingots, wafers, coated cells, and finished modules.
Tesla projects 9,712 permanent jobs by 2033, ramping from roughly 1,900 positions in the first year of operations, plus a peak of about 1,147 construction jobs. Construction is targeted for 2026–2028, with commercial production beginning in the first quarter of 2029. An accompanying economic analysis estimates the project could add roughly $107 billion to Texas GDP over several decades.
Local incentives have cleared major hurdles. Lamar Consolidated Independent School District unanimously approved school-tax limitations in September, and Fort Bend County commissioners approved a package of abatements and related agreements in late October that could extend equipment tax breaks for as long as 35 years.
Tesla had previously indicated it was evaluating a competing out-of-state location.
The effort fits broader statements by Musk that Tesla and SpaceX are each working toward 100 gigawatts of annual U.S. solar manufacturing capacity. If built as described, Project Crystal Sun would stand as one of the largest domestic attempts to create a fully integrated solar supply chain on American soil.
While Tesla has not issued a formal groundbreaking announcement, the visible site preparation and high-profile social media activity represent a concrete step forward for a project that has moved from confidential filings to active earthworks in a matter of months.
Elon Musk continues to shed more reasons that justify the cancelation of the Tesla Cybertruck, but some of the reasons for the sunset, as well as the process the company is choosing, do not make a lot of sense.
Musk announced last week on X that Tesla would wind down Cybertruck production in mid-2027, a decision that aims to prioritize Cybercab and its importance to the company’s future and passenger transportation as a whole.
But some of what Tesla and Musk are saying does not seem to make much sense. From the process the company is taking with orders to some of the reasoning for the cancelation, the whole situation seems strange.
With that being said: I totally see the merit in prioritizing Cybercab, but I also believe there is room for Cybertruck, a vehicle that has traditionally had low volumes, especially now at its current price point. If it were not for the cancelation, Cybertruck would sell very few units with the recent price adjustments.
Musk Talks Order Rate vs. Production Rate
The first thing that does not make a lot of sense here is the fact that this morning, Musk said that “The Cybertruck order rate far exceeds our production rate. We will try to make as any as possible before shutting down the line in about 8 months, but will have to return deposits for a lot of people.”
The Cybertruck order rate far exceeds our production rate. We will try to make as many as possible before shutting down the line in about 8 months, but will have to return deposits for a lot of people.
This is not a case of Cybertruck being unprofitable, as has been misreported by legacy media, but rather that the opportunity cost of the complexity of Cybertruck is vastly outweighed by the value of incremental Cybercab production.
— Elon Musk (@elonmusk) November 9, 2026
Then why is Tesla STILL accepting orders for the Cybertruck if it already cannot fulfill its order log by mid-2027?
There are so many people ordering Cybertruck that will not receive it. If Tesla already is having trouble seeing how it will build its current orders, why would it allow additional ones?
There are going to be a lot of people who are very upset next June or July, all because they placed an order for a truck that Tesla knew it would not have the time to build. At this point, it seems like a better idea from a customer service standpoint to simply stop accepting orders on a certain date, build those trucks, fulfill those orders, and then close production.
Continuing to accept orders at this point seems wildly strange. If anything, it feels like the $59k Cybertruck orderers will be the ones who get the short end of the stick here, but that’s speculation and just a hunch on my end.
If not Cybertruck, then what?
With only the Model 3 and Model Y available for consumers, meaning the general public, to buy, there is now no utility vehicle in the Tesla lineup, and that is definitely a disappointment.
Ford already washed its hands of the Lightning, which means the Rivian R1T will likely be the best-selling EV pickup on the market, dueling with the GMC Hummer Pickup, Chevy Silverado EV, and the GMC Sierra EV. There are several pickups that are set to hit the market soon, like the Slate EV Truck, and Ford’s new EV pickup, the Fathom.
Tesla could provide some some transparency on what it is planning to do with a future pickup or utility design. Musk said in the past that something much cooler than a minivan will be built. Cries for a full-size SUV have been heard by Tesla, but the company seems to adamant on prioritizing ridesharing vehicles instead of vehicles people want for work, climate, or hobbies.
Some clarity here, past the point of “Tesla is still going to build cars” would be nice. Even a simple, “Yes” response from all the people asking if Tesla will build something larger would be more than enough. We don’t need all the details now, but something would be nice.
Closing Thoughts
More than anything, it is important to note that I do believe Tesla is making a tough decision and one that, from a business standpoint, does make sense. However, I also believe that there is room for the Cybertruck in Tesla’s lineup.
One thing I think it’s worth mentioning is Tesla is not that much different from many companies. They do things that are better for the business that will surely upset consumers. The difference is very few companies have a following like Tesla, so when these things happen, they feel very personal.
Add in the fact that Cybertruck has truly become a symbol of Tesla, and people are even more upset about it.
It will all get figured out, but it’s still very confusing when we step back and take a look at the bigger picture.
Tesla Robotaxi enters its newest city, reaching San Antonio
Tesla begins groundworks on $10B ‘Project Crystal Sun’ in Texas
