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Elon Musk responds to ‘meritless’ Twitter suit, says he desires to push trial back to 2023

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Elon Musk told a judge Friday that he needs until next 12 months to answer Twitter’s “meritless” claims that the mogul tried to scuttle the $44 billion deal to purchase the social media platform. 

Musk’s attorneys accused Twitter of fudging the figures over fake accounts and wish the trial pushed back until at the very least Feb. 13, 2023, to collect information over the disputed bot data, in response to court documents filed with the Delaware court Friday evening.

“The core dispute over false and spam accounts is key to Twitter’s value,” Musk’s lawyers wrote within the 14-page filing. “It’s also extremely fact and expert intensive, requiring substantial time for discovery.” 

Musk, who first agreed to purchase the positioning for $44 billion in April, pulled out of the deal last week after repeatedly claiming Twitter could also be lying about what percentage of its users are bots — a move that Twitter’s lawyers blasted of their suit filed Wednesday as a “bad faith” try to walk away from the agreement. 

Twitter is looking for an unusually short four-day Delaware Court of Chancery trial starting in September, which some observers have interpreted as a show of confidence in its legal case. 

Musk’s lawyers called Twitter’s request an unjustifiable “bid for extreme expedition,” and accused the corporate of “a two-month treasure hunt of delays, technical bottlenecks, evasive answers, and, ultimately, refusals,” 

The 2 sides are scheduled to fulfill for a hearing in front of Judge Kathaleen St. McCormick on Tuesday.

Musk’s legal filing blamed Twitter for not coming clean about its spam accounts until April 28 — three days after the merger agreement was signed.

On April 28, Twitter admitted in a public filing with the SEC that in March 2019 it launched a feature that allowed people to link multiple separate accounts together in an effort to conveniently switch between accounts. An error was made at the moment, causing all linked accounts to be counted as users, which resulted in an overstatement of roughly 1%, the filing said.

Musk agreed to purchase Twitter without conducting due diligence however the tech titan claims because the corporate said it misstated the number of pretend accounts he has a right to now do full due diligence on bots.

Elon Musk’s lawyers say they need “substantial time for discovery.” Diggzy/Jesal/Shutterstock

“In a May 6 meeting with Twitter executives, Musk was flabbergasted to learn just how meager Twitter’s process was,” Musk’s lawyers wrote within the filing. “Human reviewers randomly sampled 100 accounts per day (lower than  0.00005% of day by day users) and applied unidentified standards to one way or the other conclude every quarter for nearly three years that fewer than 5% of Twitter users were false or spam. That’s it. No automation, no AI, no machine learning.” 

Musk subsequently asked for more details about bots but was met with “artificial roadblocks,” the filing alleges. It also accused Twitter of constructing major personnel changes in violation of the merger agreement. 

The deal has a termination date of Oct. 24, but Musk’s lawyers argued the judge can extend the deadline once litigation is filed. The financing commitment from banks that agreed to assist Musk fund the deal ends on April 25, 2023.

Musk’s filing comes three days after Twitter initially sued the mogul. 

In its lawsuit, Twitter said Musk was guilty of a “long list of fabric contractual breaches” which have “forged a pall over Twitter and its business.” 

Twitter’s suit even includes screenshots of Musk’s tweets, including one in every of a poop emoji that Musk posted in response to a tweet from Twitter’s CEO.

The corporate wants the judge to force the world’s richest man to purchase the corporate on the originally agreed price of $54.20 per share. 

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