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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.

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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.

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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Elon Musk says Tesla Cybercab future is ‘obvious to anyone with eyes and a brain’

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Elon Musk said the Tesla Cybercab will perform “a majority of all passenger miles” where it is allowed to operate and that point is “obvious to anyone with eyes and a brain.”

Musk used the point to double down on the company’s decision to ax the cult-favorite Cybertruck, as its production space will be removed and transitioned into additional Cybercab lines. The move has catalyzed a polarizing conversation on whether its right or wrong.

Whatever side you are on — it’s happening.

Regardless, Musk seems to be getting to the point that he is done talking about the choice. At some point, you have to think that this was truly a difficult decision for him and the company as well, and this is not something he took lightly. In fact, he’s probably a little bit disappointed with it, too.

But the point remains that the Cybertruck is gone. Musk’s focus is purely on developing an autonomous platform that the world will utilize for transportation, and he’s telling you that anyone “with eyes and a brain” can see it:

Tesla is betting that all of its passengers in the future will be okay with not owning their own personal cars and will be fine with ride-hailing for the rest of their lives. Every dinner, every errand, every trip to the airport and transportation thereafter, will all be operated by ride-sharing, and in Tesla’s perfect world, it will happen in a Cybercab.

As of now, Cybercab is only active in Austin, but it has been spotted all over the country with a driver behind the wheel in those prototypes. In Austin, the car has no steering wheel or pedals for people to control the vehicle.

The Cybertruck dilemma is one that has truly come across the entire Tesla community and while it seems to be a great idea to keep it because people love it, the business side of things is steering Musk and Tesla in another direction.

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Tesla slims Cybertruck offerings to only its most expensive trim

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Credit: u/dregonzz/Reddit

Tesla has slimmed its Cybertruck offerings to offer only its most expensive trim: the Cyberbeast.

After announcing that the Cybertruck would no longer be produced and the company would wind down manufacturing sometime in the middle of 2027, Tesla started to eliminate some of the configurations offered to customers.

Now, only one remains: the $109,990 Cyberbeast. This is truly what seems like Tesla’s last effort to deter any remaining orders from coming in: eliminate the cheap trims and leave only the high-dollar vehicle within the lineup of Cybertruck options.

Those who want to take advantage of this last-ditch opportunity to own Tesla’s symbolic pickup have to pay to play.

Tesla says the reason for the wind down is truly because of Cybercab and its importance to the future.

Despite cries for Tesla to continue production of the pickup, Musk says it is too difficult to ramp a high-volume line instead of ending the truck altogether. He also says Cybercab is what will take passengers around for the “majority of all miles in any jurisdiction where it is not prohibited by law.”

Tesla is going all in on autonomy, and that’s never been a secret. But the commitment to a two-door, two-seat Cybercab truly limits people from having options for labor or hobbies. It also limits people from having their entire family in a single car.

Parents with even a single child will be required to take multiple vehicles if Cybercab is truly the only option Tesla plans to have.

Elon Musk keeps justifying Tesla Cybertruck’s cancelation, but it’s confusing

Tesla has stated the Robovan will also be in production eventually, but it still does not seem like the most ideal vehicle to own. It seems like it is geared more toward commercial uses, but Tesla might have something in the pipeline for families.

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Tesla exec hints at a wild fix for Robotaxi’s biggest weather problem

Tesla VP Lars Moravy says focused lasers could keep robotaxi cameras clear instead of wipers.

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Tesla Cybercab in a rainy Austin, Texas rendering

Tesla may one day use lasers instead of wiper blades to keep its robotaxi cameras clear. Lars Moravy, Tesla’s Vice President of Vehicle Engineering, floated the idea in a new episode of Jay Leno’s Garage released Monday, where he and design chief Franz von Holzhausen walked Leno through the Model Y L.

“If you fire them in a focused area, you can clean the sheet of water and create a barrier,” Moravy said. “When you think about autonomy, it might be a good solution to only clean the area where the camera is.” He added that clearing an entire windshield would take too many lasers to be practical.

The comment brings back one of Tesla’s stranger patents. The company filed for “Pulsed Laser Cleaning of Debris Accumulated on Glass Articles in Vehicles and Photovoltaic Assemblies” in May 2019, and the U.S. Patent Office granted it in September 2021. An updated divisional version was granted on March 31, 2026. The system detects debris on the glass, identifies what it is, and pulses the laser at a calibrated rate so the beam never penetrates deeper than the glass itself. The filing names windshields, side windows, camera lenses and solar panels as possible targets.

Lasers were once rumored for the Cybertruck, which appeared at its November 2019 unveiling with no wipers at all. Tesla eventually settled on a single oversized blade, and Elon Musk admitted the wiper was the part of the truck that troubled him the most. That production line is now scheduled to shut down around mid 2027 to make room for more Cybercab output.

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What has changed since then is who is in the vehicle. A privately owned car has a driver who can notice a smeared windshield and do something about it. A Cybercab heading to its next pickup has nobody on board to check. Tesla has been chipping away at that problem with conventional hardware. Model Y Robotaxis in Austin were spotted with washers on their side repeater cameras in January, and a lens cleaning patent granted in May describes a fluid and wiper assembly for vehicle cameras and Optimus’ eyes. A laser would remove the fluid and the blades, both of which need regular replacement across a fleet.

The same episode gave Leno his first ride on Full Self-Driving (Supervised). The Model Y L pulled over on its own when an ambulance approached with its sirens on. “We got it on self-driving mode! I’m not touching anything,” Leno said. Moravy and von Holzhausen also explained that owners remain responsible while using FSD (Supervised), while Tesla takes responsibility for Robotaxi rides because it acts as the operator. Tesla launched the Model Y L in the U.S. in July at $61,990.

Moravy gave no timeline, and he described the laser setup as something Tesla is considering rather than a confirmed feature. The fleet it would serve keeps getting bigger, though. Tesla launched unsupervised Robotaxi service in San Antonio on Monday, its eighth city, and expanded its Austin service area to roughly 443 square miles on the same day. Several of those markets, including Houston, Miami and Tampa, see heavy seasonal rain.

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