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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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Cybertruck

Tesla begins Cybertruck deliveries in a new region for the first time

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Credit: @derek1ee | X

Tesla has initiated Cybertruck deliveries in a new region for the first time, as the all-electric pickup has officially made its way to the United Arab Emirates, marking the newest territory to receive the polarizing truck.

Tesla launched orders for the Cybertruck in the Middle East back in September 2025, just months after the company confirmed that it planned to launch the pickup in the region, which happened in April.

I took a Tesla Cybertruck weekend Demo Drive – Here’s what I learned

By early October, Tesla launched the Cybertruck configurator in the United Arab Emirates, Qatar, and Saudi Arabia, with pricing starting at around AED 404,900, or about $110,000 for the Dual Motor configuration.

This decision positioned the Gulf states as key early international markets, and Tesla was hoping to get the Cybertruck outside of North America for the first time, as it has still been tough to launch in other popular EV markets, like Europe and Asia.

By late 2025, Tesla had pushed delivery timelines slightly and aimed for an early 2026 delivery launch in the Middle East. The first official customer deliveries started this month, and a notable handover event occurred in Dubai’s Al Marmoom desert area, featuring a light and fire show.

Around 63 Cybertrucks made their way to customers during the event:

As of this month, the Cybertruck still remains available for configuration on Tesla’s websites for the UAE, Saudi Arabia, Qatar, and other Middle Eastern countries like Jordan and Israel. Deliveries are rolling out progressively, with the UAE leading as the first to see hands-on customer events.

In other markets, most notably Europe, there are still plenty of regulatory hurdles that Tesla is hoping to work through, but they may never be resolved. The issues come from the unique design features that conflict with the European Union’s (EU) stringent safety standards.

These standards include pedestrian protection regulations, which require vehicles to minimize injury risks in collisions. However, the Cybertruck features sharp edges and an ultra-hard stainless steel exoskeleton, and its rigid structure is seen as non-compliant with the EU’s list of preferred designs.

The vehicle’s gross weight is also above the 3.5-tonne threshold for standard vehicles, which has prompted Tesla to consider a more compact design. However, the company’s focus on autonomy and Robotaxi has likely pushed that out of the realm of possibility.

For now, Tesla will work with the governments that want it to succeed in their region, and the Middle East has been a great partner to the company with the launch of the Cybertruck.

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News

BREAKING: Tesla launches public Robotaxi rides in Austin with no Safety Monitor

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Tesla has officially launched public Robotaxi rides in Austin, Texas, without a Safety Monitor in the vehicle, marking the first time the company has removed anyone from the vehicle other than the rider.

The Safety Monitor has been present in Tesla Robotaxis in Austin since its launch last June, maintaining safety for passengers and other vehicles, and was placed in the passenger’s seat.

Tesla planned to remove the Safety Monitor at the end of 2025, but it was not quite ready to do so. Now, in January, riders are officially reporting that they are able to hail a ride from a Model Y Robotaxi without anyone in the vehicle:

Tesla started testing this internally late last year and had several employees show that they were riding in the vehicle without anyone else there to intervene in case of an emergency.

Tesla has now expanded that program to the public. It is not active in the entire fleet, but there are a “few unsupervised vehicles mixed in with the broader robotaxi fleet with safety monitors,” Ashok Elluswamy said:

Tesla Robotaxi goes driverless as Musk confirms Safety Monitor removal testing

The Robotaxi program also operates in the California Bay Area, where the fleet is much larger, but Safety Monitors are placed in the driver’s seat and utilize Full Self-Driving, so it is essentially the same as an Uber driver using a Tesla with FSD.

In Austin, the removal of Safety Monitors marks a substantial achievement for Tesla moving forward. Now that it has enough confidence to remove Safety Monitors from Robotaxis altogether, there are nearly unlimited options for the company in terms of expansion.

While it is hoping to launch the ride-hailing service in more cities across the U.S. this year, this is a much larger development than expansion, at least for now, as it is the first time it is performing driverless rides in Robotaxi anywhere in the world for the public to enjoy.

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Investor's Corner

Tesla Earnings Call: Top 5 questions investors are asking

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(Credit: Tesla)

Tesla has scheduled its Earnings Call for Q4 and Full Year 2025 for next Wednesday, January 28, at 5:30 p.m. EST, and investors are already preparing to get some answers from executives regarding a wide variety of topics.

The company accepts several questions from retail investors through the platform Say, which then allows shareholders to vote on the best questions.

Tesla does not answer anything regarding future product releases, but they are willing to shed light on current timelines, progress of certain projects, and other plans.

There are five questions that range over a variety of topics, including SpaceX, Full Self-Driving, Robotaxi, and Optimus, which are currently in the lead to be asked and potentially answered by Elon Musk and other Tesla executives:

SpaceX IPO is coming, CEO Elon Musk confirms

  1. You once said: Loyalty deserves loyalty. Will long-term Tesla shareholders still be prioritized if SpaceX does an IPO?
    1. Our Take – With a lot of speculation regarding an incoming SpaceX IPO, Tesla investors, especially long-term ones, should be able to benefit from an early opportunity to purchase shares. This has been discussed endlessly over the past year, and we must be getting close to it.
  2. When is FSD going to be 100% unsupervised?
    1. Our Take – Musk said today that this is essentially a solved problem, and it could be available in the U.S. by the end of this year.
  3. What is the current bottleneck to increase Robotaxi deployment & personal use unsupervised FSD? The safety/performance of the most recent models or people to monitor robots, robotaxis, in-car, or remotely? Or something else?
    1. Our Take – The bottleneck seems to be based on data, which Musk said Tesla needs 10 billion miles of data to achieve unsupervised FSD. Once that happens, regulatory issues will be what hold things up from moving forward.
  4. Regarding Optimus, could you share the current number of units deployed in Tesla factories and actively performing production tasks? What specific roles or operations are they handling, and how has their integration impacted factory efficiency or output?
    1. Our Take – Optimus is going to have a larger role in factories moving forward, and later this year, they will have larger responsibilities.
  5. Can you please tie purchased FSD to our owner accounts vs. locked to the car? This will help us enjoy it in any Tesla we drive/buy and reward us for hanging in so long, some of us since 2017.
    1. Our Take – This is a good one and should get us some additional information on the FSD transfer plans and Subscription-only model that Tesla will adopt soon.

Tesla will have its Earnings Call on Wednesday, January 28.

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