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Elon Musk’s legal team calls out Twitter over alleged pretrial delays

Credit: Kevin Krejci/Flickr CC BY 2.0

Tesla CEO Elon Musk’s legal team has filed a letter to the Delaware Chancery Court, alleging that Twitter is engaging in unnecessary pretrial delays. The letter is addressed to Chancellor Kathaleen McCormick, who would be deciding the case between Musk and the social media company.

The legal battle between Twitter and Musk initially seemed to go in Twitter’s favor, with McCormick deciding last week that the trial would start in October, not early next year as the CEO’s legal team had requested. Twitter is looking to start the trial on October 10, 2022, but according to Musk’s legal team in its recent letter, the trial should begin a week later instead, on October 17, 2022.

Musk’s legal team noted that it had tried to begin the discovery process after McCormick’s decision last week, but Twitter had so far been uncooperative.

“Following this Court’s expedition ruling on July 19th, Defendants proceeded with due haste to abide by this Court’s order. Defendants served document requests on Plaintiff Twitter, Inc. (“Twitter”) that day, followed the next day by their second set of RFPs and first set of interrogatories.

“Defendants immediately reached out to Twitter’s counsel to schedule a meet and confer to discuss the discovery process and schedule. Defendants’ efforts to make sure this case is trial-ready by October, have not been reciprocated by Twitter, who at every turn has sought to delay,” Musk’s lawyers wrote.

Musk’s legal team pointed to three main issues that are holding up the legal process, such as the lack of a specific trial date, Twitter’s neglect to produce documents that should be otherwise easy to produce, and the lack of pertinent data needed for the case.

As such, Musk’s legal team has requested the court to adopt its proposed schedule, and set the trial date for October 17-21. The team also asked the court to require Twitter to cooperate with Tesla by providing the documents and data needed by Musk’s legal team.

“To break the logjam, Defendants respectfully request that the Court enter Defendants’ proposed schedule, which (i) sets trial for October 17-21, 2022; (ii) requires Twitter to immediately produce the core documents; (iii) requires Twitter to produce all raw data by August 1; and (iv) sets a document production deadline for 18 days after a request is served. Given the timeline until trial, every day counts,” Musk’s legal team wrote.

Musk’s legal team’s letter can be viewed below.

Musk Letter Enclosing Proposed Case Schedule by Simon Alvarez on Scribd

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Elon Musk’s legal team calls out Twitter over alleged pretrial delays
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