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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.

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“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.

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“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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SpaceX Board has set a Mars bonus for Elon Musk

SpaceX has given Elon Musk the goal to put one million people on Mars.

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Rendering of a colonized Mars by way of SpaceX

SpaceX’s board approved a compensation plan for Elon Musk that ties his pay directly to colonizing Mars and building data centers in outer space. The details surfaced this week after Reuters reviewed SpaceX’s confidential registration statement filed with the Securities and Exchange Commission, making it one of the first concrete looks inside the company’s financials ahead of a public offering.

The pay package will reportedly award Musk 200 million super-voting restricted shares if the company hits a market valuation milestone, with the most ambitious targets going further. To unlock the full award, SpaceX would need to reach a $7.5 trillion valuation and help establish a permanent human settlement on Mars with at least one million residents. Additional incentives are tied to developing space-based computing infrastructure capable of delivering at least 100 terawatts of processing power.

SpaceX wins its first MARS contract but it comes with a catch

Long before SpaceX filed anything with the SEC, Elon Musk had already spent years framing Mars colonization as an insurance policy against human extinction. The philosophy traces back to at least 2001, when Musk first began researching Mars missions independently, before SpaceX even existed. By 2002 he had founded the company with Mars as the stated long-term goal.

In a 2017 presentation at the International Astronautical Congress, Musk outlined the specific vision that still underpins SpaceX’s architecture today. He described a self-sustaining city on Mars requiring roughly one million people to become viable, the same number now written into his compensation package.

SpaceX’s Starship, still in active development, was designed from the ground up to support the eventual colonization of Mars. Musk has stated publicly that getting the cost per ton to Mars below $100,000 is necessary to make mass migration economically feasible. Everything from Starship’s payload capacity to its full reusability targets flows from that single constraint. One can say that Musk’s latest compensation package has put a formal valuation on Mars for the first time.

SpaceX is targeting an IPO around June 28, Musk’s birthday, at a valuation of approximately $1.75 trillion. Between the Mars rover contract, the Golden Dome software group, Space Force satellite launches, and now a pay structure built around interplanetary colonization, SpaceX has become the single most consequential contractor in American space and defense. The IPO will put a public price tag on all of it for the first time.

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Tesla’s biggest rivals fights charging wait times with a modern approach

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Tesla V4 Supercharger installation ramping in Europe

Earlier this week, we wrote a story on how Tesla is launching a new Supercharging Queue system to mitigate problems between drivers when there is a wait to charge.

Rather than potentially having people end up in a physical conflict, Tesla’s approach is to determine who is next to charge based on geographic data.

Tesla launches solution to end Supercharger fights once and for all

But some companies, notably Tesla’s biggest rival in China, BYD, are taking a different approach, focusing on charging speeds rather than how they will manage delays.

BYD’s approach, especially with its tests of ultra-fast “Flash Charging” technology, is to eliminate the length of a charging session. At the heart of this strategy is BYD’s second-generation Blade Battery paired with 1,500-kW Flash Chargers.

Unveiled earlier this year, the system charges compatible vehicles from 10 percent to 70 percent state of charge in just five minutes and from 10 percent to 97 percent in nine minutes.

Real-world demonstrations on models like the Yangwang U7 and Denza Z9 GT have shown the tech delivering roughly 250 miles (400 kilometers) of range in just five minutes. This would essentially match or beat the time it takes to fill a gas tank.

Sometimes, gas pumps get congested, and there are lines. You rarely see conflicts at pumps because filling up a tank rarely takes more than five minutes.

Tesla’s fastest Supercharger build currently is the v4, which can deliver up to 325 kW for Cybertruck and 250 kW for other models, but there are “true” sites that are capable of up to 500 kW. This enables speeds of up to 1,000 miles per hour, or 1,400 miles for 350 kW-capable vehicles.

The breakthrough stems from BYD’s vertically integrated ecosystem: a new 1,000-volt architecture, 10C charging rates, and proprietary silicon-carbide chips that minimize internal resistance while protecting battery health.

The company plans to install 20,000 Flash Charging stations across China by the end of 2026, with thousands already operational and global expansion eyed for Europe and beyond later this year.

Early rollout targets popular models, including upgrades to high-volume sellers like the Seal and Sealion series, bringing five-minute charging to mainstream prices around 100,000 yuan (about $14,000).

This approach contrasts sharply with Tesla’s software solution. Tesla’s Virtual Queue uses geofencing and the app to assign turns at crowded sites, addressing driver disputes and idle time. It’s a clever fix for today’s network realities.

Yet, BYD’s philosophy is simpler: make charging so fast that waits barely exist. A five-minute stop becomes as convenient as a gas-station visit, reducing station dwell time, easing grid strain, and lowering range anxiety for long trips.

For consumers, the difference is potentially tangible. They’ll spend more time driving and less time parked. It is just another way Tesla and BYD are pushing one another to improve the overall experience of EV ownership.

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Tesla wins big as NHTSA drops three-year, 120k unit probe against Model Y

In all, 120,089 Model Ys were impacted, but in two cases, drivers reported the complete detachment of the steering wheel from the steering column while the vehicle was in motion. NHTSA’s initial review revealed that the vehicles had been delivered without the critical retaining bolt that secures the steering wheel to the splined steering column.

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Credit: Tesla Asia | X

A probe into over 120,000 2023 Tesla Model Y units has been closed by the National Highway Traffic Safety Administration (NHTSA). The probe ends without the agency requiring any action from Tesla.

The probe, designated PE23-003, opened in March 2023 and stemmed from just two consumer complaints involving low-mileage Model Y SUVs.

In all, 120,089 Model Ys were impacted, but in two cases, drivers reported the complete detachment of the steering wheel from the steering column while the vehicle was in motion. NHTSA’s initial review revealed that the vehicles had been delivered without the critical retaining bolt that secures the steering wheel to the splined steering column.

Factory records showed each car had undergone an “end-of-line” repair at Tesla’s facility, during which the steering wheel was removed and reinstalled. The bolt was apparently omitted after the repair, leaving only a friction fit between the wheel and column to hold it in place temporarily.

According to NHTSA documents, this friction fit maintained the connection during initial low-mileage driving until forces during normal operation caused the wheel to detach. Both vehicles that were impacted were repaired under warranty with no injuries reported, and no additional incidents surfaced during the agency’s three-year review.

Tesla Model Y steering wheel detachments prompt NHTSA probe

After analyzing manufacturing processes, complaint data, and field reports, NHTSA concluded the issue was isolated to those two post-repair vehicles rather than indicative of a systemic defect in Tesla’s production or quality control.

The closure means the agency has determined no recall or further enforcement is warranted for this specific missing-bolt condition.

This outcome marks the second NHTSA investigation into Tesla closed without action this month, as a recent probe into the company’s “Actually Smart Summon” feature was also resolved in April.

Tesla Full Self-Driving feature probe closed by NHTSA

The two resolutions provide some relief for Tesla amid the continuous and somewhat unfair regulatory scrutiny of its vehicles, including open inquiries into driver assistance systems.

Importantly, the closed probe does not involve or affect Tesla’s separate May 2023 voluntary recall of certain 2022-2023 Model Y vehicles. That recall addressed a different issue—steering-wheel fasteners that were installed but not torqued to specification—prompted by a service technician’s observation of a loose wheel during unrelated repairs.

Tesla identified a small number of related warranty claims and proactively addressed the matter without NHTSA mandate.

The Model Y remains one of the world’s best-selling vehicles, and Tesla continues to refine its lineup, including the recent “Juniper” refresh. While federal oversight of the electric vehicle pioneer remains intense, this decision underscores that isolated manufacturing anomalies do not always translate into broader safety defects requiring recalls.

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