On Monday, July 18, Twitter filed a response to Elon Musk’s plea for a trial date in 2023. The social media company argued that the earliest possible trial date is “imperative” because the public dispute harms Twitter each day Musk is in breach.
Kathaleen St. J. McCormick was assigned to rule over the case. McCormick will hold a Zoom conference with Twitter and Elon Musk’s camp on Tuesday, July 19, about the trial schedule.
Last week, the Tesla CEO’s lawyers asked for a trial date on or after February 2023, stating they need more time to sift through Twitter’s fake and spam account issues. Musk’s main reason for terminating the $44 billion deal is fake and spam account data. Musk’s legal representation also pointed out that debt financing for the Twitter takeover is valid until April 25, 2023.
Elon Musk listed all the reasons he decided to terminate the deal with Twitter in a letter attached to a SEC filing. All his reasons are listed below.
- Information related to Twitter’s process for auditing the inclusion of spam and fake accounts.
- Information related to Twitter’s process for identifying and suspending spam and fake accounts.
- Daily measures of mDAU for the past eight (8) quarters
- Board materials related to Twitter’s mDAU calculations
- Materials related to Twitter’s financial condition.
Twitter called Musk’s concerns over fake and spam account data a “contractually irrelevant sideshow.”
“Rather than address the relevant legal standard, Musk doubles down on the pretextual narrative he has already floated in the court of public opinion, now asserting that determining the accuracy of Twitter’s public disclosures concerning its estimates of false or spam accounts is extraordinarily complex that a trial cannot feasibly be completed more than seven months, until February 24, 2023,” Twitter’s July 18 filing stated.
Twitter asserted that the trial date must be set as early as possible, pointing out that each day the dispute remains unresolved harms the company. “Musk amplifies this harm by using the company’s own platform as a megaphone to disparage it,” highlighted the social media company.
Read Twitter’s filing below.