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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.

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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.

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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

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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Tesla’s next-gen Optimus prototype with Grok revealed

The video shows a new Optimus prototype answering questions and taking some very robotic steps, evidently revealing that the next-generation version is in its early stages of development.

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Tesla’s next-generation Optimus robot with AI assistant Grok has been revealed in a new video shared on X.

Tesla CEO Elon Musk was with Salesforce CEO Marc Benioff last night, and it appears the frontman gave Benioff an exclusive look at some upcoming technology.

Tesla talks Semi ramp, Optimus, Robotaxi rollout, FSD with Wall Street firm

The video shows a new Optimus prototype answering questions and taking some very robotic steps, evidently revealing that the next-generation version is in its early stages of development. It features Grok for some additional utility, as it answered questions Benioff asked in the short video.

Here’s what was uploaded to X:

It appears that there are several big changes to this next-generation version of Optimus, some of which have been discussed by Musk and Tesla in the past.

The first is purely cosmetic, but the gold color that Optimus is wearing in this is a new and fresh look that we have not seen before.

Perhaps the most interesting change that is evident here is the hands, which are much more detailed than past versions of Optimus:

However, we’re not too sure that these are what will be released with the next-gen Optimus, because they don’t appear to be functional, and they are more reminiscent of mannequin hands than anything.

The hands on Optimus have been a significant part of the program, as they are among the most crucial pieces of equipment on a robot. It needs to be able to perform both delicate and more imposing tasks. Tesla has aimed for Optimus to be able to thread needles or play the piano.

It was one of the most discussed improvements the company mentioned in past comments regarding how it planned to improve from Gen 2 to this next version.

Musk mentioned regarding Optimus:

“Next-generation Optimus hand, which we have in prototype form, has actuators that have moved to the forearm, just like humans, and they operate the fingers through cables, just like human hands.”

Within Optimus lies a significant opportunity for Tesla to gain considerable strength in terms of market share and valuation.

If Tesla can efficiently develop and deploy the humanoid robot over the next several years, the company stands to gain, as companies will utilize it for tasks that require tedious labor.

Musk recently said Optimus will be a major contributor to Tesla’s valuation moving forward. He believes it will make up roughly 80 percent of the company’s value.

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Tesla CEO Elon Musk to provide more details for Master Plan Part IV

Musk stated that he would be adding specifics to the plan in a later update.

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Credit: xAI/X

Tesla CEO Elon Musk will be adding more specifics to the recently-released Master Plan Part IV. Musk shared the update on social media platform X amidst conversations about the general nature of the Master Plan Part IV. 

In a conversation on X, Musk responded to a post from Tesla retail shareholder and bull Dave Lee, who observed that the currently released Master Plan Part IV could really just be the introduction to the real plan due to its absence of specifics.

Elon Musk responded, stating that he would be adding specifics to the plan in a later update. “Fair enough. Will add more specifics,” Musk wrote in his post.

Tesla has been following Elon Musk’s Master Plans for decades. The first Master Plan, released in 2006, outlined the company’s path from the original Tesla Roadster to the Model 3, as well as the first steps for Tesla Energy. Master Plan Part Deux, released in 2016, covered the ramp of Tesla Energy, the expansion of Tesla’s vehicle lineup, and the rollout of a Robotaxi service.

Master Plan Part 3 was more ambitious as it was generally an in-depth proposal for achieving a global sustainable entry economy by transitioning to electricity-powered vehicles, homes, and industry, which will, in turn, be powered by renewable energy sources like solar and wind. Master Plan Part 3 also included a five-step plan to accomplish this, allowing the world to transition to a fully electrified future. 

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Master Plan Part IV, which was released a few days ago, focused on automation and artificial intelligence to achieve sustainable abundance. But while the first two Master Plans were very clear and specific and Master Plan Part 3 was very in-depth, Master Plan Part IV was quite general and vague in comparison. It was easy to tell that Optimus would play a big role in the pursuit of sustainable abundance, but apart from that, there were no specifics as to how Tesla intended to achieve its goals.

Fortunately, these specifics would be discussed by Musk in a later update to the plan.

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Tesla just had its best wholesale month this year in China

Tesla China’s wholesale figures include both vehicles that are sold domestically and exported abroad.

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Credit: Tesla China

Tesla China just had its best wholesale month this 2025 so far. In August, the electric vehicle maker sold 83,192 vehicles wholesale, a 22.55% increase compared to July 2025’s 67,886 units.

Tesla China’s wholesale figures are still down year-over-year, but the company’s momentum seems notable, especially with the arrival of the Model Y L.

August 2025 figures

As noted in a CNEV Post report, August 2025’s 83,192 wholesale figures are 4.04% less than the 86,697 units that were sold in the same period last year. It is, however, a 22.55% improvement from the previous month. From January to August, Tesla China sold 515,552 units wholesale, a 12.24% year-over-year decrease. 

It should be noted that Tesla China’s wholesale figures include both vehicles that are sold domestically and exported abroad. With this in mind, August’s results bode well for Tesla China, as it suggests that Gigafactory Shanghai is now hitting its pace with both its domestic deliveries and its exports. Giga Shanghai serves as Tesla’s primary vehicle export hub.

Model Y L factor

Tesla had a challenging first quarter this year, thanks in part to the changeover to the Model Y across the Fremont factory, Giga Texas, Giga Shanghai, and Giga Berlin-Brandenburg. This changeover resulted in low sales in the first quarter. Political controversies surrounding Elon Musk and violence against Tesla stores and vehicles in the first and second quarters in the United States and Europe did not help much either.

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This Q3, however, Tesla seems to be hitting its stride, especially in China. The launch of the new Model Y L has allowed Tesla to compete in the six-seat, large SUV segment, a market that was previously closed to the standard Model Y. Reports have suggested that Tesla China has been seeing a lot of demand for the Model Y L, which should help the company achieve higher sales this quarter and the remaining months of the year.

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