Twitter opposes Elon Musk’s request to schedule a trial in 2023
On Monday, July 18, Twitter filed a response to Elon Musk’s request for a 2023 trial date. The social media company argued that the earliest possible trial date was “imperative” because the public dispute night Twitter every day Musk is in violation.
Kathaleen St. J. McCormick was assigned to adjudicate the case. McCormick will hold a Zoom conference with Twitter and Elon Musk’s camp on Tuesday, July 19 on the trial schedule.
Last week, lawyers for the Tesla CEO requested a trial date of February 2023 or later, saying they needed more time to sift through Twitter’s fake account and spam issues. The main reason Musk terminated the $44 billion deal is fake and spammy account data. Musk’s legal representation also pointed out that debt financing for Twitter taking possession is valid until April 25, 2023.
Elon Musk listed all the reasons he decided to end the deal with Twitter in a letter attached to an SEC filing. All his reasons are listed below.
- Information about Twitter’s process for checking for spam and fake accounts.
- Information about Twitter’s process for identifying and suspending spam and fake accounts.
- Daily mDAU measurements for the past eight (8) trimesters
- Board documents related to Twitter’s mDAU calculations
- Documents related to Twitter’s financial condition.
Twitter called Elon Musk’s concerns about fake data and spam an “unrelated show in the contract”.
“Rather than address the relevant legal standard, Musk is doubling down on the pretense narrative he once tossed in the court of public opinion, now saying that determining the accuracy of Twitter’s public disclosures regarding its estimates of fake accounts or of spam is extraordinarily complex that a trial cannot be completed longer than seven months, until February 24, 2023,” Twitter’s July 18 filing said.
Twitter said the trial date should be set as soon as possible, noting that every day the dispute remains unresolved hurts the company. “Musk amplifies this evil by using the company’s own platform as a megaphone to denigrate it,” the social media company pointed out.
Read the Twitter filing below.