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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 FSD fleet is nearing 7 billion total miles, including 2.5 billion city miles

As can be seen on Tesla’s official FSD webpage, vehicles equipped with the system have now navigated over 6.99 billion miles.

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Tesla’s Full Self-Driving (Supervised) fleet is closing in on almost 7 billion total miles driven, as per data posted by the company on its official FSD webpage. 

These figures hint at the massive scale of data fueling Tesla’s rapid FSD improvements, which have been quite notable as of late.

FSD mileage milestones

As can be seen on Tesla’s official FSD webpage, vehicles equipped with the system have now navigated over 6.99 billion miles. Tesla owner and avid FSD tester Whole Mars Catalog also shared a screenshot indicating that from the nearly 7 billion miles traveled by the FSD fleet, more than 2.5 billion miles were driven inside cities. 

City miles are particularly valuable for complex urban scenarios like unprotected turns, pedestrian interactions, and traffic lights. This is also the difference-maker for FSD, as only complex solutions, such as Waymo’s self-driving taxis, operate similarly on inner-city streets. And even then, incidents such as the San Francisco blackouts have proven challenging for sensor-rich vehicles like Waymos. 

Tesla’s data edge

Tesla has a number of advantages in the autonomous vehicle sector, one of which is the size of its fleet and the number of vehicles training FSD on real-world roads. Tesla’s nearly 7 billion FSD miles then allow the company to roll out updates that make its vehicles behave like they are being driven by experienced drivers, even if they are operating on their own. 

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So notable are Tesla’s improvements to FSD that NVIDIA Director of Robotics Jim Fan, after experiencing FSD v14, noted that the system is the first AI that passes what he described as a “Physical Turing Test.” 

“Despite knowing exactly how robot learning works, I still find it magical watching the steering wheel turn by itself. First it feels surreal, next it becomes routine. Then, like the smartphone, taking it away actively hurts. This is how humanity gets rewired and glued to god-like technologies,” Fan wrote in a post on X. 

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Tesla starts showing how FSD will change lives in Europe

Local officials tested the system on narrow country roads and were impressed by FSD’s smooth, human-like driving, with some calling the service a game-changer for everyday life in areas that are far from urban centers.

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Credit: Grok Imagine

Tesla has launched Europe’s first public shuttle service using Full Self-Driving (Supervised) in the rural Eifelkreis Bitburg-Prüm region of Germany, demonstrating how the technology can restore independence and mobility for people who struggle with limited transport options. 

Local officials tested the system on narrow country roads and were impressed by FSD’s smooth, human-like driving, with some calling the service a game-changer for everyday life in areas that are far from urban centers.

Officials see real impact on rural residents

Arzfeld Mayor Johannes Kuhl and District Administrator Andreas Kruppert personally tested the Tesla shuttle service. This allowed them to see just how well FSD navigated winding lanes and rural roads confidently. Kruppert said, “Autonomous driving sounds like science fiction to many, but we simply see here that it works totally well in rural regions too.” Kuhl, for his part, also noted that FSD “feels like a very experienced driver.”

The pilot complements the area’s “Citizen Bus” program, which provides on-demand rides for elderly residents who can no longer drive themselves. Tesla Europe shared a video of a demonstration of the service, highlighting how FSD gives people their freedom back, even in places where public transport is not as prevalent.

What the Ministry for Economic Affairs and Transport says

Rhineland-Palatinate’s Minister Daniela Schmitt supported the project, praising the collaboration that made this “first of its kind in Europe” possible. As per the ministry, the rural rollout for the service shows FSD’s potential beyond major cities, and it delivers tangible benefits like grocery runs, doctor visits, and social connections for isolated residents. 

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“Reliable and flexible mobility is especially vital in rural areas. With the launch of a shuttle service using self-driving vehicles (FSD supervised) by Tesla in the Eifelkreis Bitburg-Prüm, an innovative pilot project is now getting underway that complements local community bus services. It is the first project of its kind in Europe. 

“The result is a real gain for rural mobility: greater accessibility, more flexibility and tangible benefits for everyday life. A strong signal for innovation, cooperation and future-oriented mobility beyond urban centers,” the ministry wrote in a LinkedIn post

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Tesla China quietly posts Robotaxi-related job listing

Tesla China is currently seeking a Low Voltage Electrical Engineer to work on circuit board design for the company’s autonomous vehicles.

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Credit: Tesla

Tesla has posted a new job listing in Shanghai explicitly tied to its Robotaxi program, fueling speculation that the company is preparing to launch its dedicated autonomous ride-hailing service in China. 

As noted in the listing, Tesla China is currently seeking a Low Voltage Electrical Engineer to work on circuit board design for the company’s autonomous vehicles.

Robotaxi-specific role

The listing, which was shared on social media platform X by industry watcher @tslaming, suggested that Tesla China is looking to fill the role urgently. The job listing itself specifically mentions that the person hired for the role will be working on the Low Voltage Hardware team, which would design the circuit boards that would serve as the nervous system of the Robotaxi. 

Key tasks for the role, as indicated in the job listing, include collaboration with PCB layout, firmware, mechanical, program management, and validation teams, among other responsibilities. The role is based in Shanghai.

China Robotaxi launch

China represents a massive potential market for robotaxis, with its dense urban centers and supportive policies in select cities. Tesla has limited permission to roll out FSD in the country, though despite this, its vehicles have been hailed as among the best in the market when it comes to autonomous features. So far, at least, it appears that China supports Tesla’s FSD and Robotaxi rollout.

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This was hinted at in November, when Tesla brought the Cybercab to the 8th China International Import Expo (CIIE) in Shanghai, marking the first time that the autonomous two-seater was brought to the Asia-Pacific region. The vehicle, despite not having a release date in China, received a significant amount of interest among the event’s attendees. 

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