Twitter Asks Judge to Order Elon Musk to Turn in Texts Sent Between January and July

Twitter Asks Judge to Order Elon Musk to Turn in Texts Sent Between January and July
Elon Musk's Twitter account with a Twitter logo in the background in Los Angeles in an illustration photo taken on May 13, 2022. (Chris Delmas/AFP via Getty Images)
Benzinga
Updated:

Not long ago, Elon Musk complained that Twitter is asking him to share documents from anyone who has had even a passing conversation with him. It now appears that the Twitter Inc. has made it official and has asked the Delaware Chancery Court to help obtain those texts.

Twitter has requested Judge Kathaleen McCormick to order Musk and Jared Birchall, who manages the Tesla Inc. CEO’s home office, to submit texts for the period of Jan. 1 to July 8, a court document filed by Twitter on Friday shows.

“Within two (2) calendar days of entry of this Order, Defendants shall produce to Plaintiff all text messages within their possession, custody, or control sent or received by Mr. Musk and/or Mr. Birchall between January 1, 2022 and July 8, 2022, regardless of whether such messages are responsive to any of Plaintiff’s document requests, except that Defendants may redact personally identifiable information from any such message,” Twitter’s lawyer said in the filing.

Twitter has also asked for Musk to be made available for deposition within seven calendar days, for answering questions on his legal team’s responses.

Musk announced on July 8 his intention to terminate the previously agreed upon deal to take Twitter private for $54.20 per share. The billionaire contended that Twitter may be grossly understating the bot account count. The social media platform reacted to the scuttled deal by filing a lawsuit to enforce the agreement, which will come up for a hearing on Oct. 17.

Twitter’s lawyers allege that Musk has not acted in good faith by not producing the text in the pre-trial information exchanges. On the other hand, Musk’s attorney Alex Spiro reportedly told Bloomberg it was Twitter that withheld information and witnesses and the recent development is the company’s attempt to cover its own flaws.

By Shanthi Rexaline
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