Elon Musk requests judge to postpone $44b Twitter trial by a week

Elon Musk has asked a judge to postpone the trial to resolve his bid to walk away from a $44 billion deal to acquire Twitter as he continues to bemoan the ‘supernova’ level of interest in his ‘affair’ with friend Sergey Brin’s wife.

The Tesla CEO requested for the five-day trial to begin on October 17, instead of October 10, as requested by Twitter, according to a court filing on Tuesday.

A lawyer for Musk, the world’s richest person, said he was writing to ask the judge to ‘break the impasse to allow things to move forward promptly.’

Chancellor Kathaleen McCormick, the chief judge on Delaware‘s Court of Chancery, last week ordered an October trial, which promises to be one of the biggest Wall Street legal fights in years. However, she left it to the parties to work out the precise schedule.

Musk initially had requested a February trial, which he said provided the time he needed for a thorough investigation of fake accounts on Twitter. 

He said the company misrepresented its user numbers and therefore breached the merger agreement, allowing him to walk away. Twitter declined to comment.

Elon Musk (pictured here in 2021) has asked a judge to postpone the trial to resolve his bid to walk away from a $44 billion deal to acquire Twitter, according to a court filing on Tuesday

Elon Musk (pictured here in 2021) has asked a judge to postpone the trial to resolve his bid to walk away from a $44 billion deal to acquire Twitter, according to a court filing on Tuesday

Chancellor Kathaleen McCormick, the chief judge on Delaware's Court of Chancery, last week ordered an October trial. But left it to the parties to work out the precise schedule

Chancellor Kathaleen McCormick, the chief judge on Delaware’s Court of Chancery, last week ordered an October trial. But left it to the parties to work out the precise schedule

The company, which had requested a September trial, said the fake account issue was a distraction, and the deal’s terms require Musk to pay up.

The Musk letter also asked the judge to order Twitter to immediately produce what it called ‘core documents,’ require Twitter to produce all raw data by August 1, and require the company to produce documents within 18 days of a request.

Musk accused Twitter of refusing to immediately provide documents such as manuals and policies regarding active daily user calculations and artificial intelligence and ‘all items in the data room.’

Musk’s request to postpone the trial comes as The Wall Street Journal reported that the billionaire had slept with Sergey Brin’s wife, Nicole Shanahan.

He continued to show aggravation, with The Wall Street Journal’s investigations editor on Monday, tweeting that he was trying to avoid the ‘supernova’ level of attention on him in the wake of rumors he slept with the co-founder of Google’s wife.

Elon Musk continued to show aggravation toward The Wall Street Journal's investigations editor on Monday, tweeting that he's trying to avoid the 'supernova' level of attention on him in the wake of rumors he slept with the co-founder of Google's wife

Elon Musk continued to show aggravation toward The Wall Street Journal’s investigations editor on Monday, tweeting that he’s trying to avoid the ‘supernova’ level of attention on him in the wake of rumors he slept with the co-founder of Google’s wife

Musk, 51, tweeted a photo of himself partying with Sergey Brin on Sunday in an effort to disprove the newspaper’s bombshell claim that he slept with Brin’s wife, Nicole, and that it served as a catalyst for their divorce.

Replying to Investigations Editor Michael Siconolfi, Musk shared the photo and long pants with fire emojis in a playful reference to the childish saying ‘liar, liar, pants on fire.’

The billionaire Tesla CEO continued to bemoan the coverage Monday evening, tweeting: ‘The amount of attention on me has gone supernova, which super sucks. Unfortunately, even trivial articles about me generate a lot of clicks.’

‘Will try my best to be heads down focused on doing useful things for civilization,’ he added.

Elon Musk tweeted this photo in response to a Wall Street Journal editor on Monday after the paper claimed he and Sergey Brin were not on speaking terms because of Musk's apparent affair with Brin's wife

Elon Musk tweeted this photo in response to a Wall Street Journal editor on Monday after the paper claimed he and Sergey Brin were not on speaking terms because of Musk’s apparent affair with Brin’s wife

The Wall Street Journal said it was standing by its story, which claims Musk and Shanahan were romantically involved at Art Basel in December last year, and that it not only chilled Musk’s friendship with Sergey, but served as the catalyst for their divorce.

‘We are confident in our sourcing, and we stand by our reporting,’ a spokesman for the newspaper told DailyMail.com.

Musk’s photo shows him standing with Sergey and two other women. It’s unclear where exactly it was taken – Musk was last seen in Mykonos last week – but his jet flew from Austin, where he lives, to San Jose on Saturday. It flew back to Austin on Sunday, landing at 11 p.m.

Earlier, he had denied the entire Journal report, which claimed he slept with Shanahan at Art Basel in Miami last December.

Google founder Brin filed for divorce in January, citing irreconcilable differences as the reason for their split.

The couple share a four-year-old daughter.

Neither Brin nor his estranged wife, Nicole, have commented on the Journal’s claims.

Musk, 51, on Monday tweeted a photo of himself partying with Sergey Brin (pictured right) on Sunday in an effort to disprove the newspaper's bombshell claim he slept with Brin's wife, Nicole (pictured left), and that it was the catalyst for their divorce

Musk, 51, on Monday tweeted a photo of himself partying with Sergey Brin (pictured right) on Sunday in an effort to disprove the newspaper’s bombshell claim he slept with Brin’s wife, Nicole (pictured left), and that it was the catalyst for their divorce

Twitter has reported steep losses and an unexpected decline in revenue in a weakening advertising market, as the company wages a legal battle with Elon Musk

Twitter has reported steep losses and an unexpected decline in revenue in a weakening advertising market, as the company wages a legal battle with Elon Musk

Musk has, however, been on a Twitter frenzy, accusing the newspaper – which is owned by Rupert Murdoch’s News Corp – of launching ‘hit pieces’ against him all year.

‘WSJ should be running stories that actually matter to their readers and have solid factual basis, not third-party random hearsay.

The character assassination attacks have reached a new level this year, but the articles are all nothing-burgers. I work crazy hours, so there just isn’t much time for shenanigans.

‘None of the key people involved in these alleged wrongdoings were even interviewed!’

‘The real problem here is that Michael Siconolfi has zero journalistic integrity.’

Siconolfi hasn’t responded.

The article also claimed that Brin was selling off all of his interests in Musk’s companies.

The pair have been friends for years, with Brin giving Musk $500,000 in 2008 to help him fund Tesla at the peak of the Global Financial Crash.

He also lent Musk the Google Party Plane for the Tesla CEO’s wedding to actress Talulah Riley in 2010.

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