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Tesla investor’s legal team urges DE court to respect Musk pay ratification vote

Credit: Andrea Conway/X

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Tesla shareholders ratified Elon Musk’s 2018 CEO Performance Award at the 2024 Cyber Roundup, but the fight about the matter in Delaware Court is not over just yet. This was highlighted in a joinder filed by the legal team of a TSLA investor who decided to challenge the astronomical fee request of the lawyers of shareholder Richard Tornetta, who filed a legal complaint about Musk’s 2018 pay package at a time when he held just nine shares of the EV maker. 

Tornetta’s legal team has argued that they deserve to be paid over 29 million shares of TSLA for their services in the case, which translated to over $5 billion at the time or over $200,000 per hour. Tesla shareholder Amy Steffens, a longtime investor of Tesla with over 19,000 shares, secured her own legal team to challenge the fee request of Tornetta’s lawyers. Following the decision of Tesla investors to ratify Musk’s pay package at the 2024 Cyber Roundup, Tornetta’s legal team argued that the ratification of the CEO’s pay package was invalid since investors were still “coerced” and “uninformed.” The lawyers also described the events that transpired leading up to the ratification of Musk’s pay package as a “clown show.” 

Steffens’ legal team has now submitted a joinder for the case, which will hopefully be heard later this week when the court is expected to hold a hearing for the motion to reconsider the Delaware Judge’s preliminary ruling in the case. The joinder, parts of which were shared on X by Tesla investor Alexandra Merz, argued that the ratification of Musk’s pay package by TSLA shareholders showed that Tornetta’s complaint against the CEO Performance Award “provided no tangible economic benefit to Tesla or its stockholders.” Steffens’ legal team also highlighted that contrary to the claims of Tornetta’s lawyers, the shareholder vote on Musk’s pay plan is likely among the most informed stockholder votes in Delaware history. 

“The Ratification Vote was fully informed indeed, it is likely among the most informed votes in Delaware corporate history. The extensive proxy filings included this Court’s rescission opinion, so Tesla’s stockholders were well aware of the issues identified by this Court prior to their ratification vote. The ratification issue was robustly debated online, on television, and in newspapers. Opponents— including Mr. Tornetta’s experts in this litigation made their voices heard.’ When the votes came in, Mr. Tornetta lost decisively: 72% of disinterested voting shares favored ratification,” the lawyers wrote. 

Steffens’ legal team also addressed the “clown show” comment from Tornetta’s attorneys. “Mr. Tornetta’s counsel disparages this exercise of stockholder democracy as a ‘clown show.’ It is anything but. Ms. Steffens and Tesla’s other stockholders had all the relevant facts before them, including this Court’s decision, and determined that the 2018 Grant benefited them more than rescission. When stockholders freely petition their elected board for a vote, and then overwhelmingly affirm a board’s decision by voting to uphold it, further litigation by a derivative plaintiff attacking that democratically determined result is neither necessary nor appropriate,” Steffens’ legal team noted.

The longtime Tesla investors’ legal team urged the court to respect TSLA stockholders’ democracy as well. “Even beyond Due Process concerns, respect for stockholder democracy commends limiting Plaintiff’s continuing role in light of the Ratification Vote. Here, the question goes beyond Mr. Tornetta’s adequacy to the source of his authority. When Mr. Tornetta steps into the shoes of Tesla as a derivative plaintiff, he does so without democratic legitimacy. Tesla’s stockholders can vote out their directors, but they lack any democratic means to revoke Mr. Tornetta’s authority as a plaintiff. 

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“Ms. Steffens respectfully suggests that in this specific context-where a supermajority of fully-informed, uncoerced stockholders unambiguously repudiates the relief obtained by a derivative plaintiff-the Court should treat this as a vote of no confidence and withdraw Mr. Tornetta’s authority to act on behalf of the Company. At the very least, where a plaintiff has shown himself willing to pay his counsel hundreds of thousands of dollars per hour to engage in legal work that conflicts directly with the wishes of the vast majority of stockholders, those stockholders should have some means (through the ballot box or the courtroom) to eliminate that plaintiff’s authority to continue to engage in such damaging conduct while purporting to act on their behalf,” the longtime TSLA shareholder’s legal team wrote. 

Tesla CEO Elon Musk seems to have appreciated the efforts of the TSLA stockholder’s legal team. Responding to a post about the matter on social media platform X, Musk responded to the shareholder’s efforts with a couple of “lit” emojis. 

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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Tesla Robotaxi app update now tells riders if Cybercab is the better choice

Tesla’s Robotaxi app now shows ETAs, wait times and availability for Cybercab and Model Y.

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Concept art of a Tesla Cybercab in Las Vegas Strip as rendered via Grok

Tesla has rolled out a new vehicle selection screen in its Robotaxi app, and it puts the numbers riders care about most in front of them before they book.

Version 26.11.0 of the app shows the estimated arrival time, the expected wait and current availability for each vehicle option on a single screen, according to a video shared by @gheeunit  on X on November 7. Riders deciding between a Cybercab and a Model Y Robotaxi can now compare those figures side by side instead of picking a car first and learning how long it will take afterward.

Tesla first gave riders that choice on September 3, the day paid Cybercab rides began in Austin. The original version of the screen listed the Cybercab, which seats two, next to the Model Y, which seats four. A later build, 26.8.2, added a seating capacity indicator so groups knew which car would fit them. What it did not show was whether choosing the Cybercab meant standing on the curb a few extra minutes.

That question matters more now than it did two months ago. Tesla had 45 Cybercabs on the Texas DMV roster when rides started. By late October the state listed 573, alongside 631 Model Ys, and community trackers logged a record 1,576 Cybercab sightings across Austin on Halloween alone. With two large fleets sharing one service area, the closest car and the quickest pickup are not always the same vehicle.

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Inline availability also changes what happens when demand spikes. If no Cybercab is free nearby, the rider sees that on the selection screen rather than after trying to book one.

For now the comparison is mostly an Austin feature. Riders in Dallas, Houston, Fort Worth and the Florida markets are still matched with Model Y vehicles, though Tesla said on its third quarter earnings call that Cybercab rides would launch in Dallas this month.

The update follows a steady run of smaller changes to the rider experience. Late last month Tesla brought a quiet mode that blacks out the cabin screen to Model Y Robotaxis after first testing it in the Cybercab, and it has stretched Austin service to run from 6 a.m. to 2 a.m.

The Cybercab side of that selection screen is about to get much busier. Elon Musk said this week that Tesla will wind down Cybertruck production at Gigafactory Texas around the middle of 2027 to make room for more Cybercab output, and Tesla has said it is aiming to get Cybercabs to customers by the end of this year.

Tesla has not published official release notes for version 26.11.0.

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Tesla is ending Cybertruck production

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Credit: diagnosticdennis/Instagram and @smile__no via Tesla Owners of Santa Clarita Valley/X

Tesla is ending Cybertruck production sometime in mid-2027, according to CEO Elon Musk.

Musk made the announcement on X last night, which came as a shock to many. He said that the Cybertruck will end production “to make room for increased Cybercab production” at Gigafactory Texas.

It is a huge blow to the fans of Tesla who have come to love the Cybertruck and identify with it as a symbol of their fandom. It has been the best-selling electric pickup, but it has had an underwhelming sales performance in terms of what was expected. This is mostly due to Tesla not meeting the prices it planned to offer the Cybertruck, as its unveiling and actual release were four years apart.

Overall, the responses were mixed. Some fans understood the move toward Cybercab production, especially as Tesla is truly pushing the autonomous future through its Robotaxi platform. However, others did not understand it.

“Damn, how many Cybercabs do you guys need?” one response read. Another said it was “Sad but understandable.”Even analyst Gary Black had responded to the news, stating he hoped Tesla planned to replace it with a traditional pickup design.

It doesn’t seem like that will be the case.

Tesla is so hell-bent on delivering autonomy and eventually providing a driverless service that owning a car seems like an arbitrary idea, according to their thesis. Instead, Cybercabs will be available to pick you up and drop you off on demand, safely, without any human help.

As a result, Tesla has thinned its lineup considerably, and one can only ask where the vehicle lineup goes from here. Eventually, it seems like Cybercab could be the only vehicle that Tesla will sell.

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SpaceX’s next Starship flight set to make history on Friday the 13th

SpaceX is targeting Friday, November 13 for Starship Flight 15 and its first ship catch.

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SpaceX is targeting Friday, November 13 for Starship Flight 15, the mission the company plans to use for its first attempt at catching the ship itself with the launch tower.

SpaceX Vice President of Launch Kiko Dontchev shared the date on stage at the UP.Summit on Thursday, according to Ars Technica’s Eric Berger, who was in attendance. It is the first launch target to come directly from a SpaceX executive. Until now, the public schedule had relied on FAA air traffic planning slides, which listed Flight 15 for no earlier than November 8 and later November 12. SpaceX has not posted an official mission page yet, and no launch time has been shared.

The date lands inside the window Elon Musk sketched out last month. Speaking at Giga Texas on October 10, Musk said the flight would “probably launch a little bit before Thanksgiving,” as Teslarati reported. On SpaceX’s third quarter earnings call ten days later, he confirmed that Flight 15 would try to catch both the Super Heavy booster and the ship, and put the odds of a successful ship catch at “more likely than not.” SpaceX also aired an animation of the maneuver during that webcast, showing the ship swinging vertical over Starbase before dropping into the tower’s chopsticks.

The hardware is ready. Booster 22 fired all 33 of its Raptor engines for a full duration static fire at Pad 2 on October 25. Ship 42 followed with a single engine burn simulating a deorbit maneuver on October 26 and a 60 second firing of all six engines the next day, according to NASASpaceflight. Ship 42 had already rehearsed the catch in September, when the Pad 2 arms lifted it into position and crews connected the quick disconnect arm while the vehicle hung from the tower.

The remaining hurdle is regulatory. The FAA’s Starship page does not yet list a Flight 15 license. SpaceX President Gwynne Shotwell said in October that, after “significant constructive engagement with the FAA,” she expects the license to cover a return to the launch site and a tower catch for both stages. Bringing the ship home means a reentry path that heads toward land, rather than ending over open ocean as every Starship flight so far has.

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SpaceX has caught Super Heavy three times, on Flights 5, 7 and 8, but the ship comes back from orbital velocity and has never been caught. Flight 14 on September 28 was the first Starship to reach orbit, deploying 26 Starlink V3 satellites before splashing down despite an early engine shutdown that Musk blamed on engine computer software.

Musk has called a successful ship catch “the first time that there’s been full recovery of an orbital class rocket,” and he has already named the step after it: a Flight 16 where both the booster and the ship fly again. NASASpaceflight reports that Ship 43, the next vehicle in line, is set for static fire testing in December.

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