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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 starts testing its Starlink-integrated Cybercab on public roads

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Credit: lottherm | TikTok

Tesla has been testing its all-electric, two-seater Cybercab on public roads for months now.

Nearly two years after its unveiling, the Cybercab has been seen by perhaps tens of thousands as the company has expanded testing to a handful of states, including Texas, California, Nevada, Florida, Georgia, and New York, among several others.

However, nobody has seen one like this quite yet.

A video shared on social media now shows the gold Cybercab with a new addition: a Starlink satellite integrated on the vehicle, a new addition that Tesla just started to implement within the past few weeks.

@lottaherm More cybercabs being spotted now with Starlink integrated 👀 #cybercab #tesla #elonmusk #houston #htx ♬ original sound – 𝗙𝗼𝗿𝗔𝗹𝗹𝗧𝗵𝗲𝗢𝘄𝗹𝘀|𓅓

Just a week ago, Tesla announced that it had built its first Cybercab with Starlink integration and showed it off at Gigafactory Texas. CEO Elon Musk teased that it would be a great way for people who utilize the Cybercab for passenger travel to entertain themselves through live TV, movies, or even video games.

Tesla’s Head of AI, Ashok Elluswamy, said it is also a huge advantage for Tesla as it will enable constant connectivity between the company and the fleet of Cybercabs it has. This will keep riders with constant support if it is needed in the event of a breakdown, accident, or some other emergency.

Tesla’s reason for Starlink integration on Cybercab might surprise you

It appears that this particular unit was spotted in Houston, Texas, a location where the company’s Robotaxi platform is already active. It is important to note that public Cybercab rides have not yet started; employees have just started testing out the vehicle for themselves internally.

Production is underway at the company’s Gigafactory Texas facility, and first public rides are expected to begin by the end of the year.

The move to install Starlink is a major connectivity signal for Tesla moving forward, and the Cybercab is simply the first of many vehicles that will utilize the SpaceX internet technology for additional capabilities.

Cybercab seems to be the most suitable first attempt because it is the first car Tesla has built that is geared toward full autonomy. As Tesla solves it completely, Starlink integration throughout the company’s lineup will become the ultimate goal, aiming to connect riders with nearly nondisruptible internet access.

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Tesla is building its largest Supercharger on the East Coast in New York City

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tesla store in New York City
Credit: Tesla

Tesla is building its largest East Coast Supercharger in New York City, planning to bring a 64- to 68-stall station to Queens, New York.

It will end up being tied for the largest Supercharger on the East Coast with this number of stalls. The largest on the Eastern Seaboard is located in Halifax, North Carolina, and is also 68 stalls.

The location is also set to be fitted with two pull-through stalls for EVs with trailers. We’ve seen Tesla implement these types of parking spots at newer locations as EV ownership continues to expand to those who do more than simply drive their cars.

There are plenty of Superchargers in the New York City metro, but they are mostly located in boroughs outside of Manhattan. There are five Superchargers in various neighborhoods of Manhattan, but there are limited plugs; usually only four per location. There are plenty of Destination Chargers in the Big Apple, though.

Queens, the Bronx, and Brooklyn have become popular locations for companies to build out charging infrastructure for those who live in the highly populated boroughs. There is simply much more real estate to build effective EV charging stations.

Tesla spends $18M to expand Supercharging in New York City

The Supercharger will be located in Maspeth, Queens, at 48-26 54th Road. Maspeth has I-495 running through it, so this will be a great location for Tesla owners to hop off the highway on their way to Long Island or to Manhattan to charge up before continuing their journey.

Tesla has done a really great job of expanding its charging footprint throughout the past several years, especially by building large-scale projects that cater to areas that have a high volume of traffic and are main routes of travel to major areas. Tesla is making an effort to make charging less stressful and more widely available in these concentrated regions.

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SpaceX just launched a secret payload from California

SpaceX launched a classified Space Force mission from Vandenberg, revealing almost nothing about its payload.

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Space Force officials say the Falcon 9 booster pictured here in SpaceX's rocket factory will have to wait a few months longer for its launch debut. (SpaceX)

SpaceX launched a classified Falcon 9 mission for the U.S. Space Force from Vandenberg Space Force Base on Saturday night, and the government released almost nothing about what was on board. The mission, designated USSF-366, lifted off from Space Launch Complex 4E with a window that opened at 9:52 p.m. ET and ran into the early hours of Sunday, according to SpaceX’s own mission page, which described the payload only as classified. SpaceX confirmed the launch on its X account and pointed viewers to a livestream that began roughly ten minutes before liftoff.


The lack of detail did not stop analysts from filling in the blanks. Independent tracking of the rocket’s stage drop zones matched the pattern SpaceX has used on previous Starlink Group 15 missions, according to reporting from Outer Space Today, which pointed to Starshield as the likely payload rather than a one off government satellite. Starshield is SpaceX’s national security product, a version of the Starlink satellite bus built to Pentagon specifications for earth observation, communications and hosted payloads. Unlike consumer Starlink, government agencies do not have to disclose what Starshield satellites are actually doing once they reach orbit.

USSF-366 is the latest entry in a steady flow of classified and semi classified work between SpaceX and the Space Force. The company picked up a $178.5 million task order in April to launch missile tracking satellites for the Space Development Agency, as Teslarati reported at the time, and followed that in July with a $1.6 billion award covering 18 more Falcon 9 missions from Vandenberg through the end of 2027, also detailed by Teslarati. Add those contracts up and SpaceX’s Pentagon business for 2026 alone tops $8 billion.

SpaceX scores another massive Pentagon deal to support military satellites

The Falcon 9 that flew Saturday landed back near the launch site, producing the sonic booms that have become routine for residents near Vandenberg. What is less routine is how little the public will likely ever learn about what the rocket carried. SpaceX and the Space Force have not confirmed the Starshield connection, and government satellite programs built on commercial buses rarely get identified beyond a mission number and a general orbit. For a company that live streams almost everything else it does, from Starship test flights to Optimus robot demos, USSF-366 is a reminder that some of SpaceX’s busiest work now happens entirely out of public view.

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