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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.

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.”

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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.”

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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SpaceX turned a heralding moment for Starship into its greatest moment

Starship reached orbit despite losing an engine, deployed 26 Starlink V3 satellites on Flight 14.

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SpaceX’s Starship reached orbit for the first time on Monday, and for a few nail-biting minutes it looked like it wouldn’t. During ascent on Flight 14, one of Ship 41’s six Raptor engines shut down early, and SpaceX’s livestream host Dan Huot told viewers the team had decided not to commit to orbit. Minutes later, after what Huot described as a lot of conversation in the control room, the final poll came back in favor, and a roughly 19 second burn of a single Raptor pushed the ship into orbit about 170 miles up.

The reversal matters because SpaceX had written the exit ramp into the mission plan. The company said it would only fire the orbital insertion burn if flight controllers confirmed enough backup hardware remained for the deorbit burn, a condition Teslarati laid out ahead of the flight. Losing an engine was exactly the scenario that rule was built for.

Pressing forward fits Elon Musk’s history. Falcon 1 failed three straight times before its fourth launch reached orbit in 2008, with SpaceX nearly out of money, and Starship was developed by flying prototypes until they broke. What changed this year SpaceX going public, and with $SPCX sliding below its IPO price in July when Flight 13 slipped, the short interest climbed significantly, as Teslarati reported at the time. A Starship potentially lost today with revenue generating next-gen Starlink satellites aboard would have landed directly on shareholders.

That pressure showed up after orbit. SpaceX cut a flight planned to last nearly 10 hours to about three, moving splashdown from west of Chile to the North Pacific near Hawaii. SpaceX gave no reason, though Musk said this month the company was being extremely cautious about debris risk. The single Raptor for deorbit worked, and Ship 41 completed its flip and landing burn before breaking apart in the water, an outcome SpaceX expected. Musk has structured SpaceX’s governance to shield long term bets from market pressure.

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The payload is the bigger business story. Musk posted that all 26 Starlink V3 satellites deployed and are “operating nominally.” Each V3 is rated for about 1 Tbps of downlink and 160 Gbps of uplink, so this single launch adds roughly 26 Tbps, about 10 times what a Falcon 9 load of V2 Mini satellites adds. The V3 is too large for Falcon 9, making Starship the only vehicle that can build out the planned 100,000 satellite constellation, at up to 60 per flight once it reaches routine service. Unlike the 20 V3 units on Flight 13, which reentered on a suborbital path, these will raise their orbits and could begin serving customers within weeks and bring in hundreds of millions of additional dollars in projected Starlink revenue.

SpaceX has already begun winding down Falcon 9 Starlink launches from Florida in favor of Starship. Reported targets put Flight 15 as early as October 19, leaving about three weeks to diagnose Monday’s engine shutdown before the next orbital attempt.

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Tesla Cybercab fleet doubles to well over 100 units

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(Credit: Teslarati)

Tesla quietly doubled the size of its Cybercab fleet within the Robotaxi program in Austin, Texas, over the weekend to well over 100 units.

The move not only establishes more of the steering-wheel-less and pedal-less vehicles within the ride-sharing fleet Tesla has been operating for a year, but it also solidifies a more robust Robotaxi fleet as a whole.

Riders started receiving notifications from the Robotaxi app that stated: “Cybercab fleet has doubled: more rides available.”

Tesla first launched rides in the Cybercab in early September, although the Robotaxi fleet has been active for over a year, as rides began last Summer. Cybercab is truly Tesla’s most crucial vehicle release yet, as it is the first car any company has built that is geared toward full-fledged and end-to-end autonomy, never needing human intervention for anything.

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Only available in Austin at the current time, Cybercab has two seats and has been spotted testing around various U.S. states and regions; Tesla plans to deploy the Cybercab in various U.S. cities in the coming months as a best-case scenario.

Tesla Cybercab gets initial tie-in to localized, in-house cathode plant

The availability of the Cybercab has doubled from just 58 units last Monday to 125 the following Friday. Marking a substantial increase in Cybercab availability, the additional ride-sharing units are more than welcome, as wait times for Cybercabs, especially, were quite high.

The dramatic increase is a sign that demand for Robotaxi is growing and Tesla is feeling more confident that its driverless ride-hailing suite, especially its Full Self-Driving software, is able to handle any traffic situation without explicit direction or supervision from a human being.

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Tesla has a ‘no human contact’ approach for Semi production

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Tesla is advancing a fully automated pipeline for the 4680 battery cells used in its all-electric Semi, spanning production from Giga Texas through shipment and direct consumption on the line at the new dedicated Semi Factory in Sparks, Nevada.

The approach was outlined by Tesla at its September 24 Semi Handover event, which launched high-volume production at its new 1.8-million-square-foot plant in Nevada, which sits adjacent to Gigafactory Nevada and is designed for an annual production rate of 50,000 trucks per year.

After years of pilot builds and what was a four-year-long redesign of the truck, Tesla moved the Semi from 2170 batteries to its in-house 4680 cells, which are made in Austin. The change cuts battery mass and total energy while holding range, a key step in making volume production a realistic possibility.

Cells will leave Giga Texas in trailers, and at the Nevada Semi plant, Tesla intends for a dedicated line to unload those trailers automatically, station the cells, and feed them straight into pack and vehicle assembly.

Both Lars Moravy, Tesla’s VP of Vehicle Engineering, and Dan Priestley, the Head of Tesla’s Semi program, described the goal as a “zero human touch point” from the moment the trailer arrives in Texas until a finished Semi drives off the production line in Nevada.

The unloading system that Moravy and Priestley described is just one piece of a much broader automation push. The plant uses what Tesla calls the highest-capacity electric monorail conveyance in vehicle manufacturing, carrying frames-in-white simultaneously. Powder-coating replaces conventional paint, and many processes that would normally require operators have been designed out.

Tesla has repeatedly said that “the best part is no part,” and the cell-handling plan extends that philosophy from the cell factory floor in Texas all the way to final assembly in Nevada.

If executed as described, the closed-loop flow would reduce labor, handling damage, and inventory buffers while tightening quality control on a component that represents a large share of the truck’s cost and weight. It also shortens the physical and organizational distance between two factories separated by more than 1,200 miles. The Semi itself now shares a bar-wound stator and other components with the Cybertruck, further linking Tesla’s passenger and commercial production systems.

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High-volume output is expected to ramp gradually after the first trucks left the new line in April 2026. Early customers include PepsiCo, DHL, and U.S. Foods. Whether the automated trailer-to-line process reaches the promised zero-touch standard will be visible in the coming months as production scales. For Tesla, the Semi factory is another test of how far it can push “the machine that builds the machine” across sites.

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