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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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Elon Musk
SpaceX’s next Starship flight set to make history on Friday the 13th
SpaceX is targeting Friday, November 13 for Starship Flight 15 and its first ship catch.
SpaceX is targeting Friday, November 13 for Starship Flight 15, the mission the company plans to use for its first attempt at catching the ship itself with the launch tower.
SpaceX Vice President of Launch Kiko Dontchev shared the date on stage at the UP.Summit on Thursday, according to Ars Technica’s Eric Berger, who was in attendance. It is the first launch target to come directly from a SpaceX executive. Until now, the public schedule had relied on FAA air traffic planning slides, which listed Flight 15 for no earlier than November 8 and later November 12. SpaceX has not posted an official mission page yet, and no launch time has been shared.
The date lands inside the window Elon Musk sketched out last month. Speaking at Giga Texas on October 10, Musk said the flight would “probably launch a little bit before Thanksgiving,” as Teslarati reported. On SpaceX’s third quarter earnings call ten days later, he confirmed that Flight 15 would try to catch both the Super Heavy booster and the ship, and put the odds of a successful ship catch at “more likely than not.” SpaceX also aired an animation of the maneuver during that webcast, showing the ship swinging vertical over Starbase before dropping into the tower’s chopsticks.
The hardware is ready. Booster 22 fired all 33 of its Raptor engines for a full duration static fire at Pad 2 on October 25. Ship 42 followed with a single engine burn simulating a deorbit maneuver on October 26 and a 60 second firing of all six engines the next day, according to NASASpaceflight. Ship 42 had already rehearsed the catch in September, when the Pad 2 arms lifted it into position and crews connected the quick disconnect arm while the vehicle hung from the tower.
The remaining hurdle is regulatory. The FAA’s Starship page does not yet list a Flight 15 license. SpaceX President Gwynne Shotwell said in October that, after “significant constructive engagement with the FAA,” she expects the license to cover a return to the launch site and a tower catch for both stages. Bringing the ship home means a reentry path that heads toward land, rather than ending over open ocean as every Starship flight so far has.
SpaceX has caught Super Heavy three times, on Flights 5, 7 and 8, but the ship comes back from orbital velocity and has never been caught. Flight 14 on September 28 was the first Starship to reach orbit, deploying 26 Starlink V3 satellites before splashing down despite an early engine shutdown that Musk blamed on engine computer software.
Musk has called a successful ship catch “the first time that there’s been full recovery of an orbital class rocket,” and he has already named the step after it: a Flight 16 where both the booster and the ship fly again. NASASpaceflight reports that Ship 43, the next vehicle in line, is set for static fire testing in December.
EVgo has tapped Tesla Superchargers for its most recent efforts to expand its charging presence in the United States, a move that seems logical based on the effectiveness of the automaker’s own infrastructure.
EVgo opened its first Supercharger site in Illinois, a 12-stall station near downtown Chicago at 3145 South Ashland Avenue in the Riverside Square & River’s Edge center, right beside a grocery store. This marks the start of the company’s plan to deploy hundreds of Supercharger stalls across the United States, primarily at grocery-anchored Regency Centers properties where drivers can shop, eat, or run errands while they charge.
We’ve opened our first EVgo Supercharger location in Illinois, marking the start of our plan to add hundreds of Supercharger stalls across the U.S.
Designed for both NACS and CCS vehicles with Magic Dock technology, these new sites help make fast charging more accessible and convenient for all EV drivers. Learn more: https://t.co/V92t5FDryQ
— EVgo Fast Charging Network (@evgonetwork) November 5, 2026
The new location uses Tesla’s Magic Dock technology so both NACS and CCS vehicles can plug in natively without drivers needing to carry their own adapters. Peak power reaches 325 kW at this site, with pricing set between $0.25 and $0.35 per kWh depending on the hour—the same rate for Tesla and non-Tesla drivers.
The stalls also appear in Tesla’s in-car navigation and Trip Planner, making them easy for Tesla owners to find and route to. Illinois has seen EV registrations rise nearly 60 percent over the past two years, and EVgo’s broader network has experienced more than 700 percent growth in charging demand over three years, so the timing fits the market’s trajectory.
Choosing Tesla hardware through the Supercharger for Business program turns out to have been a smart, practical move.
Tesla’s V4 stalls and cabinets deliver high, reliable power with a proven track record of strong uptime, while Magic Dock delivers true dual-standard compatibility in one package. Because the sites show up in Tesla’s navigation tools, EVgo instantly gains visibility among millions of existing Tesla drivers, which should raise utilization and help the company double its addressable market as more vehicles adopt NACS. EVgo still owns the stations and sets pricing, yet benefits from Tesla’s established hardware, longer cables, and operational support.
The result is faster, lower-risk infrastructure expansion that serves every EV driver—Tesla or otherwise—with convenient, high-power charging at everyday retail locations. For drivers, that means fewer adapters, more predictable stops, and a denser network just as electric vehicles become everyday transportation.
Tesla’s Austin Gigafactory is reportedly shifting to round-the-clock vehicle production through the end of 2026, according to longtime drone observer Joe Tegtmeyer.
In his November 2 update, Tegtmeyer, widely regarded as one of the most reliable independent sources on Giga Texas activity (we call him the Drone GOAT), stated that the plant has added a night shift, creating two 12-hour production shifts.
Tegtmeyer said in his video:
“Now, I do have some interesting news about that when it comes to the production schedule here at Giga Texas, and things are actually looking pretty good, especially when you think about what the demand is and the delivery numbers that they’re looking for and what they’re expecting. So, normally they have shifts Monday through Friday. It’s a day shift and it’s about 10 hours long or so, give or take. But now they’re on day and night shifts and they’re going to 12-hour days. So they’re going to be adding or they have another shift. They have 12 hours for both of them. In addition to that, the typical downtime that we’re going to be seeing around the holidays, specifically Thanksgiving and Christmas to the New Year time frame is actually changed. And we’re not going to see those big several day events where there is no production. At least that’s what the plan is right now. So, it’s really a great sign, I think, when we consider what they’ve done in the past and what production and the deliveries have been so far. So, maybe it’s shaping up to be a really strong quarter.”
Previously, General Assembly typically operated on a single roughly 10-hour day shift, Monday through Thursday or Friday. The new arrangement keeps General Assembly on its Monday-to-Thursday schedule while adding overnight capacity, and most other areas of the factory continue working the full week with some weekend activity.
Notably, the plant is also forgoing the multi-day shutdowns around Thanksgiving and the Christmas–New Year period that have occurred in prior years
Giga Texas currently builds the Model Y, the larger Model Y L, the Cybertruck, and the Cybercab robotaxi. Tesla has not confirmed the shift change or specified which lines will receive the extra output. Recent comments suggest Cybercab production has been constrained by the pace at which the Robotaxi fleet can absorb new vehicles, making the Model Y and Model Y L the more likely beneficiaries as the company works through order backlogs.
Tegtmeyer’s November 2 footage and commentary also highlighted broader site progress. Cortex 2 continues to expand, with additional compute coming online, a roughly 25 percent lengthening of the structure on the north end, and work on a third cooling plant.
The Boring Company tunnel site showed increased activity in the large launch pit, while the Advanced Technology Chip Fab (a SpaceX–Tesla joint R&D facility) continued steel superstructure and heavy truss installation, along with concrete pours.
The reported capacity increase arrives as Tesla aims for a strong fourth quarter following solid third-quarter results. While unconfirmed by the company, the information aligns with Tegtmeyer’s consistent track record of accurate on-site observations.
If Tesla makes the decision to sustain the all-day production plans, the dual 12-hour shifts would meaningfully raise weekly output potential at one of Tesla’s most important manufacturing hubs.
SpaceX’s next Starship flight set to make history on Friday the 13th
EVgo taps Tesla Superchargers for mass charging expansion
