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Tesla, Elon Musk seek dismissal in lawsuit alleging fraud and defamation

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Tesla and Elon Musk, jointly named as Defendants with Omar Qazi of the former @tesla_truth Twitter account, have filed a Motion to Dismiss an ongoing lawsuit brought by Plainsite.com owner Aaron Greenspan.

Greenspan, a Tesla short seller often associated with the online “$TSLAQ” community, is seeking an injunction and damages from alleged libelous activity by both Qazi and Musk. He also claims fraudulent communications by Musk and Tesla executives have lead to inflated company stock prices, thereby injuring his financial portfolio via stock purchases made and sold based on those communications. Tesla’s and Musk’s motion for dismissal was made as a separate action from the allegations against Qazi.

The Complaint, initially filed May 20, 2020, and later amended on July 2, 2020, is being litigated in the US Northern District of California, San Francisco Division under docket number 3:20-cv-03426-JD. The Motion to Dismiss was filed on July 31, 2020.

Tesla exhibits its electric cars and energy products at the 2018 LA Auto Show. [Credit: Christian Prenzler/Teslarati]

“Plaintiff’s allegations against the Tesla Defendants are not new. Plaintiff has been making the
same unsubstantiated and incendiary accusations—on Twitter, in purported online exposés, and in public and private communications—for years. What is new is Plaintiff’s attempt to transform his conspiracy theories, baseless suspicions, and Internet “research” into a federal lawsuit,” Tesla’s Motion argues against Greenspan’s claims. “Also new is Plaintiff’s apparent view that people should not use hyperbolic language or return his insults on the Internet, and Plaintiff’s claim that Mr. Musk’s dismissive commentary to and about him somehow damaged his reputation.”

The Complaint partly seeks to hold Musk liable for several statements made by Qazi during publicly-aired disagreements with Greenspan, characterizing the CEO’s positive replies to some of Qazi’s online posts as part of a “tag team” effort to discredit him. However, Tesla argues that liability would require a formal agent-type relationship between Qazi and Musk to hold legal weight. “While the [First Amended Complaint] speculates about ties between Mr. Qazi and Mr. Musk, Plaintiff tacitly admits he is not aware of such a relationship, other than alleged interactions on Twitter and in the media,” the Motion argues. Greenspan also cites Qazi’s attendance at a private Tesla event as evidence of an implied connection or common purpose with Musk.

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Regarding any defamation claims, substantiated by Greenspan using email replies from Musk as well as Twitter comments in reply to a published article wherein derogatory remarks were made about Greenspan, Tesla’s Motion argues such comments are constitutionally protected opinions. Of particular note in the Complaint’s allegations is a supportive email to Twitter CEO Jack Dorsey sent by Musk purportedly in support of restoring Qazi’s suspended accounts.

“Jack, what Omar is saying is accurate to the best of my knowledge. There has been an
orchestrated and sophisticated attempt to drive down Tesla stock through social media,
particularly Twitter,” Musk wrote.” This always increases around our earnings call, which is this
afternoon. Aaron Greenspan in particular has major issues. He’s the same nut but that claimed he was the founder of Facebook and sued Zuckerberg, among many other things. Never seen anything like it.”

In reference to this cited correspondence, Tesla argues, “As with his other statements, Mr. Musk’s reference to Plaintiff as a “nut but” with “major issues” is nonactionable opinion.”

Tesla Short Shorts (Credit: Tesla)

Most of the all-electric carmaker’s reply in the Motion, though, was focused on a legal defense against the most prevalent claims the Tesla short seller community is most vocal about: The company’s stock prices are artificially inflated due to fraudulent communication regarding their activities.

“As numerous courts have recognized, however, short sellers like Plaintiff…[sell] short because he believes the price of a stock overestimates its true value…whereas the premise of the fraud-on-the-market presumption is that investors rely on the market to reflect a stock’s true value,” Tesla states in their dismissal petition. “Plaintiff does not and could not claim that he relied on any alleged false statements because he believed that Tesla was engaged in fraud during the entire time he was betting against the Tesla stock… Even if Plaintiff could invoke the fraud-on-the market presumption, it would be conclusively rebutted because the Plaintiff plainly…would have bought or sold the stock even had he been aware that the stock’s price was tainted by fraud.”

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Ultimately, Greenspan is seeking a declaratory judgment holding Qazi in contempt of court, a permanent injunction preventing further libelous statements against Greenspan in any published medium (written or oral), damages from Defendants’ alleged fraudulent actions to be assessed at time of trial, statutory damages from copyright infringements (over personal photos used as described in the suit), and punitive damages for alleged law breaking. Tesla and Musk, for their part, are seeking to have the case dismissed permanently, i.e., “with prejudice.”

For the average Tesla fan, owner, or stock holder, lawsuits may seem like something to avoid at (nearly) all costs, but Musk does not give the impression he has the same hesitation. The eccentric CEO makes his opinion of short sellers like Greenspan known quite often, and he has even humorously merchandised his ongoing battle by selling bright red “Short Shorts” donning the Tesla logo on the company web store.

With Tesla stocks recently haven risen to a high of $1643 per share, the tensions between the camps will perhaps only continue to rise.

Tesla Motion to Dismiss, Aaron Greenspan by Teslarati on Scribd

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Accidental computer geek, fascinated by most history and the multiplanetary future on its way. Quite keen on the democratization of space. | It's pronounced day-sha, but I answer to almost any variation thereof.

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Ferrari unveils its Luce EV, and its reception has been a disaster

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Credit: Ferrari

Ferrari unveiled its Luce EV over the weekend, and so far, its reception has been an absolute disaster, gathering negative reactions from a wide variety of people, including former executives.

The stock even took a hit on its first day of trading following the unveiling, dropping over 7 percent.

Ferrari moving to EVs from its traditional V12s and mid-engine sports cars is a massive move. It was designed by Sir Jony Ive and Marc Newsom’s LoveFrom studio, which is known for design work for tech giant Apple. “Luce” means “light” in Italian, so Ferrari drew inspiration for its name from its sleek design, characterized by a smooth, sculpted body with rounded edges.

But its reception has been far from what Ferrari expected. The overall design has drawn some harsh criticism since its reveal, and it is simply stunning that such a storied company, with a rich history of beautiful, powerful cars has revealed a design that many are not a fan of.

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Responses to the design were widely negative, with some saying, “Enzo is rolling in his grave,” and “This looks like a Nissan LEAF with a bad body kit.”

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Former Ferrari Chairman Luca di Montezemolo said:

“If I said what I really think, I’d harm Ferrari. We’re risking the destruction of a myth, I’m very sorry about that. I hope they at least remove the Prancing Horse from that car.”

Ferrari has scaled back EV commitments in the past, primarily in response to weaker-than-expected demand for its electric powertrains.

Priced at roughly $640,000 in the U.S., it is tough to see how this car will ever truly live up to the massive expectations many had for it. It almost feels like, to a certain extent, Ferrari is looking for a way to get out of building EVs.

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Tesla unveils juicy new detail on the Roadster and hints at new unveil timeline

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A red Tesla Roadster driving around a turn
(Credit: Tesla)

Tesla unveiled a juicy new detail on the Roadster, its long-delayed supercar project, and additionally hinted at a new unveiling timeline, as it appears yet another month will pass without seeing the capabilities of the vehicle.

Vice President of Vehicle Engineering at Tesla, Lars Moravy, revealed on the Ride the Lightning podcast that the Roadster will be built at Gigafactory Texas, adding that “you’ll start to see a lot of things unfold in the next months.”

While we get a good detail on the plant of manufacture, we also get another letdown, as it appears the unveiling event will not take place in May, as CEO Elon Musk hinted during the Earnings Call.

The Roadster was first unveiled back in 2017, alongside the Semi, which entered production earlier this year. It was Tesla’s attempt at a true supercar; it would be rare, expensive, and lightning quick, among other incredible capabilities, like potentially hovering for a short period thanks to a collaboration project with SpaceX.

However, the vehicle was set to be delivered in 2020. Parts and supply chain issues due to the COVID-19 pandemic started these delays, and since then, Tesla, and specifically Musk, have wanted to push the capabilities of the Roadster to somewhere the human mind may not be able to currently comprehend.

Both Chief Designer Franz von Holzhausen and Moravy have said many things about the Roadster over the past few years, hinting that the car truly could be worth the wait. However, the continuous delays we’ve seen have undoubtedly been discouraging.

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With that being said, it’s not like Tesla has been doing nothing. Instead, the company has been focusing on revamping current models, phasing out others, and working on developing the cars of the future, specifically, the Cybercab, which entered production at Giga Texas in April.

Despite the Roadster’s delays, there is still a ton of anticipation for the vehicle to be released. It will have a steering wheel, as Musk said it will be “the best of the last of the human-driven cars.”

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NASA just gave SpaceX more crew missions because Boeing can’t certify

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NASA has filed a procurement notice announcing its intent to add six post-certification missions to SpaceX’s existing Commercial Crew Transportation Capability contract. The agency said it would order up to three of those missions immediately upon adding them to the contract, with the remaining three available as needed through the end of the International Space Station’s planned operations in 2030.

The reason for the expansion is straightforward. NASA cited recently shortened ISS mission durations, technical issues and schedule delays encountered by Boeing, the allocation of missions between Boeing and SpaceX, and the ongoing technical challenges of maintaining a reliable crew transportation capability as the driving factors behind the decision. Boeing’s CST-100 Starliner has still not been certified for crewed flights, and a cargo-only Starliner mission was not included on NASA’s most recent mission manifest. With Boeing effectively sidelined for the foreseeable future, SpaceX is the only American company capable of rotating crews to the station.

SpaceX Board has set a Mars bonus for Elon Musk

The history behind this contract tells the fuller story of how SpaceX got here. NASA originally awarded SpaceX its Commercial Crew contract in 2014 for $2.6 billion. In 2022 NASA modified the contract to add five missions covering Crew-10 through Crew-14, worth $1.436 billion, bringing the total contract value at that point to $4.9 billion. The recent May 18 filing by NASA extends that runway further, with Crew-12 currently docked at the station and Crew-13 assigned and targeting a mid-September 2026 launch.

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According to a report by SpaceNews, NASA stated in its filing: “It is necessary to award additional PCMs to SpaceX given the recently shortened ISS mission durations, technical issues and schedule delays encountered by Boeing, the allocation of missions between Boeing and SpaceX, NASA’s projections for when an alternative crew transportation system may become available, and the ongoing technical challenges of maintaining a reliable capability for crewed flights to ISS.”

No dollar value for the new six missions has been publicly confirmed yet, but based on the 2022 precedent of roughly $287 million per mission, the new block could represent close to $1.7 billion in additional contract value. With SpaceX simultaneously preparing Starship as NASA’s Artemis lunar lander, filing its S-1 for a June IPO, and now absorbing more ISS crew rotation work, the company’s role as the primary contractor for American human spaceflight is no longer a matter of circumstance. It is NASA policy.

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