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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.

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.”

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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

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

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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 Roadster unveiling nears, and it will fly: The Information

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(Credit: Dami Kolz/Twitter)

Tesla is nearing its long-awaited unveiling of the all-electric Tesla Roadster, a new report from The Information claims, as the company has said several times this year that the event would take place “soon.”

Now, it appears there is movement on Tesla’s end regarding when it will happen.

The report says that Tesla will unveil the Roadster as soon as this month with a SpaceX version that will utilize cold-gas thrusters to help the vehicle float for a short period of time. This is something CEO Elon Musk has talked about with the Roadster for years.

Additionally, due to the delays, Tesla explored “a variety of designs” for the Roadster, potentially planning to abandon the design it showed off for the first time in 2017 and adopting an entirely new aesthetic.

According to The Information, Tesla considered utilizing a repurposed Model S Plaid and even wanted to upgrade the look to something like a Lamborghini Countach.

Elon Musk teases Tesla Roadster unveiling once again

We’ve heard all of these things before, including teases about the date and how “soon” the Roadster will finally be ready to be shown off to the world (for the second time). Musk said that the event would occur in April, then May, then Chief Designer Franz von Holzhausen continued to say it would be coming “soon.”

We do expect to see the Roadster by the end of the year, and now with this new report swirling, it appears it could be sooner rather than later.

The wait has been incredibly long, but there is likely a good reason for it. Tesla’s desire to make the Roadster the craziest vehicle on the road was non-negotiable, and it likely took a lot of time and resources to develop and perfect into something that was safe and suitable for a vehicle like this.

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Featured

Tesla finally got its Nevada Robotaxi Permit but with a few catches hard to miss

Nevada granted Tesla’s robotaxi permit, but capped the fleet at just ten vehicles for now.

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Concept art of a Tesla Cybercab in Las Vegas Strip as rendered via Grok

Tesla has received its robotaxi permit in Nevada, more than two months after regulators closed the public comment period on the company’s application. News of the approval surfaced Wednesday night when Tesla investor and longtime company watcher Sawyer Merritt posted a copy of the interim order, and the Nevada Transportation Authority’s own carrier registry now lists the permit, AVNC Permit 002 under Docket 26-05015, as active for Tesla Robotaxi, LLC.

Tesla asked Nevada in June for authority to run up to 5,000 vehicles in Clark County within a year, however the permit the NTA issued is initially capping Tesla at ten fully autonomous vehicles and confines them to a defined geofence along the Las Vegas Strip corridor. Any expansion of that operating area, or any increase to the fleet size, requires the NTA’s approval first.

The order also sets rules that look more restrictive than what Tesla runs in Austin. Rides are barred on roads with posted speed limits above 45 miles per hour, pickups are off limits within a quarter mile of Harry Reid International Airport without separate authorization, and every vehicle has to carry visible “Robotaxi” markings while notifying riders before each trip that no one is driving. The order also requires “appropriate human supervision”, language that suggests Nevada isn’t ready to let Tesla offer the rides without a safety monitor that it has run in parts of Austin since January. As with standard protocol with robotaxi services, Tesla must report any accident, system failure, or vehicle that becomes stranded on a Nevada road within five business days.

Tesla is entering a market Nevada already knows well. Zoox, the Amazon owned robotaxi company, has run its own autonomous vehicle permit in the state since last year, building up to roughly 100 vehicles and 350,000 rides along the Strip. That history likely explains why the NTA started Tesla at ten cars rather than the fleet size the company asked for. The agency has a template for scaling a permit up once a company proves out its safety record.

Tesla’s Nevada application first surfaced in June, when the company filed for the permit alongside plans for a maintenance hub in southwest Las Vegas. The company has said it won’t meaningfully scale its robotaxi fleet anywhere until FSD v15 ships, expected in late 2026 or early 2027, which makes the ten vehicle cap less of a constraint today than it might look on paper. For now, Tesla has the legal right to start Nevada rides. Whether it starts before FSD v15 arrives is a separate question the permit doesn’t answer.

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Energy

Tesla launches Powerwall Lease for affordable home backup

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Credit: Tesla

Tesla Energy has introduced the Powerwall Lease in conjunction with Tesla Electric, making the service available in Texas. This new option delivers whole-home backup power using two Powerwall units for a net monthly cost of $35 after credits, accompanied by a low fixed electricity rate.

Under the lease terms, customers pay a one-time order fee of $100. The base lease payment for the two Powerwalls is approximately $122 per month during the first year, subject to a 3 percent annual escalator thereafter. Enrollment in a qualifying Tesla Electric Backup plan or Virtual Power Plant plan provides an $87 monthly credit.

This credit lowers the effective cost to roughly $35 per month plus applicable tax.

Installation of the standard system carries no additional charge. The package features Storm Watch for outage protection and allows complete management through a single Tesla application. The system supplies continuous whole-home backup capability.

The Powerwall system enables households to maintain electricity during severe storms that disrupt the utility grid. When outages occur, the batteries automatically provide seamless backup power to the home.

Tesla announces 100k Powerwalls are participating in Virtual Power Plants

Tesla Storm Watch monitors weather forecasts and ensures the units are fully charged ahead of anticipated severe weather events so that power remains available throughout the disruption, keeping lights, refrigeration, and other essential systems operating without interruption.

Availability is restricted to select Texas locations where retail electric choice exists. Participants must lease exactly two Powerwall units and maintain continuous enrollment with Tesla Electric. Solar panels cannot be included under this particular lease arrangement.

The monthly credit activates automatically once the system is installed, receives permission to operate, and enrollment is confirmed. To retain the credit, customers are required to stay enrolled in Tesla Electric and fulfill all program conditions.

Nonstandard installations that involve electrical upgrades or special permitting may lead to extra expenses and might impact eligibility for the credit, so be sure to check with either your installer or Tesla to ensure you will still qualify.

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